ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 347 legality of release of prisoners during the covid-19 pandemic in positive law studies moch. faizal adi wardana 1 , endah lestari dwirokhmeiti 1 1 faculty of law, narotama univercity surabaya e-mail: faizaladiwrdn98@gmail.com abstract when covid-19 has been declared a national disaster, the government of indonesia assesses the need for fast action as an effort to save the community, prisoners and prisoners through assimilation and integration of the spread of the covid-19 virus. basically every prisoner is entitled to parole. parole is the process of coaching prisoners outside prisons after serving at least 2/3 of the sentence from a minimum of nine months. so in essence, prisoners who are entitled to parole are those who have served 2/3 of their sentence. according to the ministry of law and human rights, the assimilation and integration program is also considered very helpful. because in this way it can also help break the chain of spreading the covid-19 virus. for prisoners who are released through assimilation and integration, they still receive supervision from the government. and for those who violate their assimilation will be revoked and given a harsher punishment.the general public already understands when they hear words such as prison, jail, detention center, and correctional facility and they really know who is the occupant of these places. crime, murder, theft, robbery, rape, and so on are various types of criminal acts that make the perpetrators languish in them so that they get the title of prisoner at the end of their free period, or possibly get a higher level title, namely "recidivist". the formulation of the problems contained in this research are: 1. what are the conditions for the release of prisoners during the covid-19 pandemic in terms of positive law in indonesia? 2. is the policy for the release of prisoners during the covid-19 pandemic accompanied by sanctions for recidivists? the results of this study are about the policies of the ministry of law and human rights regarding assimilation and integration. how about the terms of policy rules or sanctions for released prisoners to repeat the criminal act. keywords: prisoners, covid-19, assimilation and integration, crime. 1. introduction recently in indonesia, there have been frequent incidents of criminal murder which can be heard or witnessed through television shows or other media which are very disturbing to the public. not only carried out by adults, the perpetrators often involve minors. this is because a number of correctional institutions (lapas) in indonesia are overloaded which will affect the level of supervision, accuracy and vigilance of prison officers due to these conditions. at a time when our country is not doing well because hundreds of thousands and even millions of people are fighting against the suffering of the covid-19 epidemic, which is not yet known when it will end. the tragedy that claimed thousands of lives, devastated the economy and stopped various work activities made officials and authorities take swift steps to overcome the epidemic to stop various work activities making officials and authorities take quick steps to overcome this outbreak (ansori, 2020). covid-19 has been declared a non-natural national disaster, the indonesian government considers it necessary to take quick steps as an effort to rescue prisoners and prisoners by means of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 348 expulsion and release through assimilation and integration. assimilation can be defined as the process of adjusting original characteristics with characteristics the nature of the surrounding environment so as to form social order, habits and integration itself is a process of uniting various social groups, streams and other forces from all regions of the country to create a healthy, dynamic, socially just and democratic life of a nation and state based on pancasila and the 1945 constitution (ansori, 2020). there are still people who violate certain regulations, for example in the case of theft, which is taking property owned by other people and that are against the law, this person is of course subject to punishment in accordance with his actions which are contrary to the law, all regulations and policies. concerning violations (overtredingen) crimes (misdrijven) and so on, regulated by criminal law (strafrecht) and contained in a law book called the criminal code (wetboek van strafrecht) which is abbreviated as "kuhp"(yustisia, 2016) not only indonesia, the countries affected by covid-19 have already taken steps to grant integration rights during this pandemic. for example, the united states released nearly 2000 inmates from federal prisons to reduce transmission of the covid-19 outbreak. there is also iran which frees 95 thousand prisoners, brazil as many as 34 thousand prisoners, and many other countries. in this regard, society should begin to change the perception of prisoners, that every prisoner is an ordinary human being who is not free from wrongdoing, therefore it is necessary to participate in society to be able to accept prisoners in the community so that later they do not repeat a criminal act, because a crime has the close relationship between the structure of society and individual behavior deviations (ansori, 2020) actually this responsibility is not only borne by the community, the state through the correctional institutions seeks to provide proper guidance to the prisoners while in the penitentiary whose hope is that the prisoners do not repeat the crime so that they can be accepted by their environment again and can actively play a role in development and can live naturally as good and responsible citizens (skolnik, 2020). the principle of equality before the law or an equal position in dealing with the law, the rule of law and human rights is a requirement of the rule of law concept. based on this concept, policies regarding regulations issued by the government and the implementation of policies and regulations must prioritize human rights aspects. rules regarding human rights inherent in every human being are regulated through a set of existing legal rules (aziz et al., n.d.). the laws and regulations have accommodated parole, but in its implementation it leaves problems related to how the rules actually are and, strangely, one of the prevention of covid-19 in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 349 indonesia, the government took steps to free around 30 thousand inmates. the ministry of law and human rights (hereinafter referred to as kemenkumham) will release around 30 thousand prisoners and children from correctional institutions (lp), state detention centers (rutan), and child special development institutions (lpka). through the directorate general of corrections still has the responsibility to supervise free prisoners through assimilation and integration rights. supervision and guidance is carried out by the correctional center, with the aim that convicts who have been released will no longer commit criminal acts. society of course also has a big share in the supervision of prisoners who have been released. the public can make a report to the local police unit if they find former inmates who were released during the covid-19 period committing criminal acts again and worrying local residents. the attitude of active supervision from the community is also an indicator of the success of this government policy (nowotny et al., 2020). the ministry of law and human rights feels that this apostasy does not violate the law. because the granting of assimilation and integration rights to prisoners and children are those who have met the requirements for assimilation and integration rights. besides that, excess capacity in prison is one of the reasons for the issuance of this regulation of the ministry of law and human rights. so one of the effective ways to reduce prison occupants is to make conditional release more effective. in general, parole is to give a prisoner the right to serve a sentence outside the prison walls (barnert, 2020). the conditions are: a sentence that is imposed for more than nine months, has served 2/3 of the sentence plus good behavior during the 'coaching' period. article 1 number (7) pp no. 32 of 1999 concerning requirements and procedures for the implementation of the rights of correctional assistants concluded: conditional release is the process of coaching prisoners outside of prison after serving at least 2/3 of the sentence of a minimum of nine months. so in essence, prisoners who are entitled to parole are those who have served 2/3 of their sentence. in law no.12 of 1995 concerning the correctional facility regarding the rights of prisoners, it is stated as follows: 1. the right to perform worship according to their beliefs 2. the right to receive good physical and spiritual care 3. right to education and teaching 4. the right to adequate health services and food 5. right to complain 6. the right to obtain reading material and to follow other mass media broadcasts which are not prohibited 7. the right to get premium wages for work performed 8. the right to visit family members, legal counsel or certain other persons http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 350 9. right to get a reduced sentence (remission) 2. research methods the research method is a method used to solve and formulate problems that the author examines. "peter mahmud marzuki argues that legal research is a process to find legal principles, legal rules and legal doctrines that are useful for answering legal issues and producing a new concept as a prescription in solving problems at hand, in accordance with the character of legal science that is prescriptive in nature. in contrast to descriptive research, which tests whether the facts that occur are true or not. 3. results and discussion assimilation and integration granting at a time when our country was not doing well because hundreds of thousands and even millions of people were fighting against the suffering of the covid-19 corona virus outbreak, which was not yet known when it would end. the tragedy that claimed thousands of lives, devastated the economy and halted various work activities made officials and authorities take swift steps to contain the epidemic. covid-19 has been declared a non-natural national disaster, the indonesian government considers it necessary to take quick steps as an effort to rescue prisoners and prisoners by means of expulsion and release through assimilation and integration. assimilation can be defined as the process of adjusting original characteristics to the characteristics of the surrounding environment so as to form social order, habits and integration itself is a process of uniting various social groups, streams, and other forces from all parts of the country or it can also be called the process of fostering prisoners and children which is carried out by integrating prisoners and children in community life. to create a healthy, dynamic, socially just and democratic life of the nation and state based on pancasila and the 1945 constitution (covid & group, 2020). not only indonesia, the countries affected by covid-19 have already taken steps to grant integration rights during this pandemic. for example, the united states released nearly 2000 inmates from federal prisons to reduce transmission of the covid-19 outbreak. there is also iran which frees 95 thousand prisoners, brazil as many as 34 thousand prisoners, and many other countries. the purpose of parole as stated in article 5 is one of the efforts to restore a prisoner's relationship with the community in a healthy manner. meanwhile, the intent and purpose of granting parole according to aruan sakidjo and bambang purnomo is to transition or facilitate the return of convicted people to society and provision of conditional release before the completion of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 351 the criminal period is also intended to encourage the convict to behave well in prison. so that the convicted person does not repeat the crime again, and that the convict who is given conditional release from prison is given help to do good with the help of reclassification. referring to article 10 of the criminal code, the types of punishment or punishment that can be given are in the form of main and additional penalties. the main punishments are death penalty, imprisonment, imprisonment, fines and closure, while additional penalties are revocation of certain rights and announcement of a judge's decision. the punishmen t or punishment is given and carried out by the state to every citizen who is found guilty according to the judge's decision which has permanent legal force. punishment for a convicted person is a social violation caused by: 1. occurs in connection with a violation of a legal rule 2. dropped and implemented by people in power in connection with the law order that is violated. 3. contain suffering or at least other unpleasant consequences 4. state condemnation of the offender. juridically, a person who commits a crime is then sentenced to be a criminal as a result of the crime he / she has committed is indeed normal and justified according to law. in this effort, law is needed as a medium, just law is a law that binds people in their consciousness because law is an order. every perpetrator of a crime certainly has to bear what he has done, because the function of law is to protect the public interest (hodgkinson & andresen, 2020). in this regard, society should begin to change the perception of prisoners, that every prisoner is an ordinary human being who is not free from wrongdoing, therefore community participation is needed to be able to accept prisoners in the midst of society so that later prisoners do not repeat crimes that have been committed before. , because a crime has a close relationship between the structure of society and individual behavior deviations. actually this responsibility is not only borne by the community, but the state also takes responsibility through the correctional institutions to strive to provide proper guidance to prisoners while in the correctional institution, whose hope in the future is that these prisoners do not repeat the crime again, so that it can be re-accepted by the environment and society so that it can again be active in playing a role in development and can live naturally as good and responsible citizens. sanction rules for prisoners released through assimilation for repetition of the crime recidive in the law dictionary it is defined as a crime repeat, the incident that someone who has been convicted of committing a crime again commits a crime. recidiveis the behavior of a person who repeats a criminal offense after being convicted by a judge's decision which has permanent legal force because of the criminal act he has committed http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 352 earlier. a person who often commits a criminal act, and because of his or her actions has been sentenced to a crime, is even more often sentenced to punishment, is called a residivist. if the residive shows the behavior of repeating the criminal act, then the residivist refers to the person who commits the crime again. thus, recidive occurs when a person has committed a criminal act and the criminal act has been subject to a judge's decision. the verdict has been carried out but after he has finished serving the sentence and is returned to the community, within a certain period after the release he commits the criminal act again. if the person who has been convicted of the crime then commits another criminal act, then that person has proven his character is not good. even though he has been convicted, he has committed another criminal act. because of this nature, a recidivist needs to be subject to even heavier penalties even though he has been educated in a correctional institution so that after returning to society they can live normally as members of other communities. however, if he commits another criminal act, the article regarding recidive may be subject to a heavier criminal penalty. regarding the decree of the ministry of law and human rights number 10 of 2020 2. not only from the ministry of law and human rights but from the national police also emphasized that for prisoners who commit or repeat criminal acts, they will certainly receive a heavier sentence. the national police and the attorney general's office agreed to ensure that those who act up will receive heavier sanctions. convict. those who are caught committing crimes again, will later receive a heavier sentence or a double sentence from the remaining sentence plus a new criminal act. an example of the additional penalty is that the sentence can be increased by one third, if the person guilty when committing a crime has not passed five years since serving for all or part of the imprisonment imposed on him. the articles governing recidive in the criminal code. 4. conclusion the conclusions of this thesis are based on the description of the chapters, namely as follows: that the implementation of the provision of assimilation and integration rights to prisoners as an effort to save prisoners and children in prisons, special development institutions for children, and state detention centers for prevention and control of the spread of covid-19. for prisoners who are given assimilation and integration rights if they commit or repeat a criminal act, there are heavier sanctions and a system where the implementation is aimed at giving and imposing sentences by judges in accordance with the applicable laws and regulations. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 353 suggestion so that in the implementation of parole through the program of assimilation and the right of integration, so that it can be ensured that it is in accordance with applicable procedures and regulations in order to provide a sense of justice for the community that prisoners who are released actually go through a predetermined process and so that it is more tightened. the ministry of law and human rights in order to ensure the public that prisoners who are granted this right will not commit a crime again. and for the supervisory agency it must also continue to supervise released prisoners, in order to minimize the prisoners who are released from committing criminal acts again so that the public does not feel worried and improves coordination between institutions in implementing and monitoring the assimilation and integration rights program so that it is right on target and achieving goals. which is satisfying (donders et al., 2020). so that prisoners who receive parole understand very well the function and purpose of granting these rights (assimilation and integration rights) so that the purpose of implementation is optimal. references ansori, m. h. (2020). asesmen dan mitigasi konflik di tengah pandemi covid-19 di indonesia. jakarta: the habibi center. aziz, a. h., watsofi, i., azhar, n. h. a. f. r., & nurfakih, s. s. (n.d.). pemberdayaan mayarakat desa klampok pada masa pandemi covid-19 melalui kegiatan edukasi budidaya sayuran pakcoy (brassica rapa l.) dengan teknik hidroponik secara daring. barnert, e. s. (2020). covid-19 and youth impacted by juvenile and adult criminal justice systems. pediatrics, 146(2). covid, g. a., & group, p.-a. c. s. (2020). post-covid-19 global health strategies: the need for an interdisciplinary approach. aging clinical and experimental research, 1. donders, f., lonnée-hoffmann, r., tsiakalos, a., mendling, w., martinez de oliveira, j., judlin, p., xue, f., donders, g. g. g., covid, i., & workgroup, g. (2020). isidog recommendations concerning covid-19 and pregnancy. diagnostics, 10(4), 243. hodgkinson, t., & andresen, m. a. (2020). show me a man or a woman alone and i’ll show you a saint: changes in the frequency of criminal incidents during the covid-19 pandemic. journal of criminal justice, 69, 101706. nowotny, k., bailey, z., omori, m., & brinkley-rubinstein, l. (2020). covid-19 exposes need for progressive criminal justice reform. in american journal of public health (vol. 110, issue 7, pp. 967–968). american public health association. skolnik, t. (2020). criminal law during (and after) covid-19. man. lj, 43, 145. yustisia, t. v. (2016). kuhp: kitab undang-undang hukum pidana. visimedia. . http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 415 polemic of involvement of notaries as suspects based on article 263 of the criminal law book devi andiya fidiyanti, khunsul yaqin faculty of law narotama university surabaya e-mail: deviandiya@gmail.com/ khusnulyaqin_notppat@yahoo.co.id abstract purpose of this study is to analyze the criminal liability given to a notary when he is also a suspect for his duties and authority to make an authentic deed. second, to analyze the definition of the notary position and its duties and authorities. this research uses normative legal research methods. this study concludes: the criminal liability given to a notary when he is also a suspect and is burdened with article 263 of the criminal code for his duties and authorities to make an authentic deed is very detrimental to the notary concerned, thus the notary must have integrity, be smart and adhere to the code ethics and regulations for the position of a notary in carrying out his position. the making of a notary deed still pays attention to every important point, which is allowed by the laws and regulations, and which is prohibited. notaries are public officials who have the task and authority to make authentic deeds, in which there is the will of the parties. then the position of a notary and its duties and authorities are very much needed for the people of indonesia, so what has been given by this law must be carried out as well as possible. good by the notary, so as not to make the notary a suspect for the authentic deed he made. in this case, the notary is also responsible for fulfilling the responsibilities of the will of the parties stated in the deed he made, so that the notary must be smart and have integrity so that there will be no disputes in the future. keywords: notary, authentic deed, suspect, dispute 1. introduction notary is a position that is given the task and authority in making authentic deeds in civil matters granted by the state. in article 1 point 1 of law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the regulation of notary positions which states that "notaries are public officials who are authorized to make authentic deeds and have the authority to copy them as referred to in the act. this or under other laws.” cst kansil, & chistine stkansil, emphasized that the position of a notary as a public official is required to work professionally by mastering the intricacies of his profession in carrying out his duties, notaries must be aware of their obligations to work independently, honestly, impartially, and full of responsibility and professionally (levi & reuter, 2006). furthermore, soegondo notodisoerjo, said that the notary profession must be equipped with in-depth knowledge, because the notary is not only obliged to ratify the signature, but also prepares the deed and provides advice where necessary. has integrity so that his knowledge of every deed he makes can be justified with correct evidence (rudianto & roesli, 2019). the more human resources develop, the more the needs and interests of everyone, both those with good intentions and those with bad intentions will increase for profit. this is what becomes a boomerang for notaries in carrying out their positions, participating in stumbling in a case, both criminal and civil, the notary will get a very large loss even directly related to the person of a notary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 416 himself considering that the position of a notary is attached to the person of his office holder, and does not separate, such as the position of a state administrative officer (arief et al., 2019). criminal cases that ensnare notaries are often associated with article 263 paragraph (1) of the criminal code (kuhp) which reads "whoever makes a fake letter or falsifies a letter, which can issue a right, an agreement (obligation) or something debt relief, or which may be used as an explanation for an act, with the intention of using or ordering other people to use the documents as if they were genuine and not falsified, then if using them could result in a loss, the penalty for falsification of the letter shall be up to a maximum of six years (roesli et al., 2017)." in the course of a career, not a few notaries can only (legally/according to the rule of law) be made a suspect if the notary intentionally keeps making a false deed as requested by the appearer, even though he knows that the parties appearing in the court do not meet the requirements for a valid engagement. . this shows that the notary does not adhere to the law on notary positions (uujn) and the notary professional code of ethics. this means that what the notary does leads to the crime of falsifying authentic letters/deeds (chin & miller, 2011). from the description above, this study aims to analyze the criminal liability given to a notary when he is also a suspect for his duties and authority to make an authentic deed. second, to analyze the definition of the position of a notary and its duties and authorities. 2. research method this research method is normative legal research, so that more than one research approach can be used (soekanto, 2010). the subject of this research is "notary". while the collection of research materials is done by studying the laws and regulations that have a relationship with the problem, in the form of primary data and secondary data. the main secondary legal materials are textbooks because textbooks contain principles of basic principles of law and classical views of scholars who have high qualificatio. 3. results and discussion notaries in carrying out their positions must apply every existing rule to maintain the quality and integrity of a notary, both personally and the products of the deed he made. it is possible that in practice, what is stated in the law on notary positions is sometimes not carried out by notaries in order to get fast performance without having to go through a long series of bureaucracy. the risk that the notary may get in the future does not become a burden when the work of a notary really requires efficiency and speed so that client satisfaction can be met in various existing transactions. in articles 1870 and 1871 of the civil code (kuh perdata) it is stated that an authentic http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 417 deed is a perfect means of proof for both parties and their heirs and all those who have rights from it about what is contained in the deed. an authentic deed which is complete (binding) evidence means that the truth of the things written in the deed is considered to be true, as long as the truth is that no other party can prove otherwise (setiadewi & wijaya, 2020). according to article 1868 of the civil code, the deed authentic is a deed made in the form determined by law, made by or in the presence of public officials in power for that purpose at the place where the deed was made. according to article 1 number (1) of law number 30 of 2004 concerning the position of a notary (uujn), a notary is the only one who has this general authority, meaning that he does not participate in other officials. the notary's authority is general in nature, while the authority of other officials is an exception. (ghs.l.tobing, 1983). the position of a notary is held or its presence is required by law with the aim of helping and serving the community who need authentic written evidence regarding circumstances, events or legal action. on this basis, those who are appointed as notaries must have the spirit to serve the community and for this service, people who feel that they have been served by a notary in accordance with the duties of their position can provide honoraria to the notary. therefore, a notary does not mean anything if the community does not need it (arya et al., n.d.). criminal accountability what is meant by accountability is who can be penalized for a violation of laws and regulations. talking about criminal responsibility, it cannot be separated from criminal acts. however, in the sense of criminal acts, it does not include criminal liability issues. criminal acts only refer to those who are prohibited from an act. criminal acts / offenses / criminal acts and criminal events are not stand alone, it only means when there is criminal responsibility. this means that every person who commits an act by himself must be punished to be sentenced, there must be a criminal responsibility (baradaran baughman, 2020). according to roeslan saleh, the main condition for the existence of a criminal act is: "the fact that there are rules that prohibit and threaten to be criminal. whoever violates the prohibition." (brickey, 1982). this can be seen clearly in article 1 of the criminal code which is the principle of indonesian criminal law which reads "no act may be punished, but by criminal force in the law, which is earlier than the deed". from the words of article 1 paragraph 1 of the criminal code above, it can be concluded that the provisions of criminal provisions must be stipulated in a valid law. a person is convicted or not, this does not depend on the existence of a criminal act, this is whether a person is reprehensible or not because he has committed the crime. now the basis of the existence of a criminal act according to moeljatno, is a legaliteit principle, namely: a principle that determines whether an act is prohibited or threatened with criminal law whoever does it and the basis of a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 418 person's punishment is: the principle of not being punished if there are no mistakes (brown & sriram, 2012). the notary profession is very vulnerable to being caught by the law. not only because of internal factors that come from within the notary himself for example carelessness, not complying with procedures, not carrying out professional ethics and so on, but also because of internal factors such as public morals where the notary is faced with fake documents even though these documents contain legal consequences for the notary. the owner (habib adjie, nd). the running of the notary's activities in the field cannot be separated from the many responsibilities he carries, so that sometimes these responsibilities become a time bomb that will be borne for the notary during his life, even though the notary has retired from his position. for this reason, the notary in carrying out his position must be required to be careful and not careless in making the deed he made, because this concerns the interests of the parties in the deed, so that the notary is careful in making the deed which is his duty and authority based on article 16 uujn. however, it is possible for a notary to make a deed which is not done carefully, so in this case the notary is involved in a legal case in court, both civil and criminal. article 263 paragraph (1) of the criminal code, hereinafter abbreviated as (kuhp) which states that "whoever makes a fake letter or falsifies a letter, which can issue a right, an agreement (obligation) or a debt relief, or which may be used as information for an act, with the intention of using or ordering other people to use the documents as if the documents were genuine and not falsified, then if using them can result in something loss, the sentence for falsification of the letter is punishable by a maximum imprisonment of six years." article 263 paragraph (1) of the criminal code is often an article that plunges a notary into a criminal case, so that this is very detrimental to the notary concerned, in addition to being disturbed in his work at the office, this also causes the good name of the notary to be polluted and not trusted by society. criminal law is part of public law that prioritizes pressure from the public interest on a society. the existence of a criminal liability must meet the requirements, namely by looking at the existence of an act that can be punished, by stating the elements explicitly and based on the law which stipulates that the act is contrary to the law which is a criminal crime, where the perpetrator must be able to account for the cause and effect. of the criminal act (chapman, 2010). definition of notary position duties and authorities act no. 30 of 2004 concerning the position of a notary. article 1 of the law confirms that a notary is a public official with the authority to make authentic deeds and other authorities as referred to in this law. in general it can be concluded, what is meant by a notary is a public official who is authorized to make an authentic deed regarding all actions, agreements and stipulations required by http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 419 a statutory regulation and or desired by the interested parties to be stated in an authentic deed, guaranteeing the certainty of the date of manufacture. the deed, keep the deed, provide grosse copies and quotations, all as long as the making of the deed is not assigned or excluded to other officials or other people stipulated by law. as regulated by article 1868 of the civil code in conjunction with article 1 and article 15 of the uujn number 30 of 2004. article of the uujn number 30 of 2004 has explained the authority for a notary to make an authentic deed in terms of deeds, agreements, and provisions required by regulations. legislation. notary as a position (not a profession or profession), and any position in this country has its own authority. every authority must have a penalty. if we talk about authority, then the authority of any official must be clear and firm in the laws and regulations governing the official. so if an official acts outside his authority, it is called an unlawful act. the authority of a notary includes the duties of a position which is the main task of a notary, namely the making of an authentic deed (other authorities as referred to in article 15 uujn number 30 of 2004). the function of a notary in his field of work is to be obligated and responsible primarily for making authentic deeds that have been entrusted to him, especially in the field of civil law, keeping the minutes of the deed, including all notary protocols and providing grosses, copies and excerpts. in addition, the notary has the function of registering private letters, making and ratifying copies or derivatives of various documents and providing legal advice. in connection with the main task of a notary, namely in terms of making an authentic deed, which according to article 1870 of the civil code provides an authentic deed to the parties who make it an absolute proof, soegondo notodisoerjo stated as follows:namely: herein lies the importance of the notary profession,that because of the law he is authorized to create absolute evidence, in the sense that what is stated in the authentic deed is basically considered true. this is very important for those who need evidence for purposes, both for personal interests and for the benefit of a business. what is meant by personal interests are, among others: making a testament, recognizing children born outside of legal marriage, giving and receiving grants, distributing inheritance, and so on. what is meant for the benefit of a business are deeds made for activities in the business sector, among others the deed of establishing a limited liability company, firm, comanditair venootschap and so on (hendra, 2012). 4. conclusion cases involving a notary so that he becomes a suspect in a criminal case that focuses on article 263 of the criminal code, then in this case the notary in carrying out his position and fulfilling his duties and authorities to make an authentic deed, should be supported by qualified knowledge and integrity based on the notary code of ethics and the notary position regulations. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 420 thus, in making a deed, the notary still pays attention to every important point, which ones are allowed by the laws and regulations, and which ones are prohibited. a notary is a public official who has the duty and authority to make an authentic deed, in which there is the will of the parties. thus the notary in this case is also responsible for fulfilling the responsibilities of the will of the parties stated in the deed he made, so that the notary must be smart and have integrity so that there will be no disputes in the future. references arief, a. n. r., akub, s., & muchtar, s. (2019). persetujuan majelis kehormatan notaris wilayah dalam pengambilan minuta akta dalam proses peradilan. al-adalah: jurnal hukum dan politik islam, 4(1), 52–81. arya, p., putrijanti, a., & prasetyo, m. h. (n.d.). sinkronisasi pasal 1868 kuh perdata dalam menunjang terselenggaranya konsep cyber notary di indonesia. notarius, 14(2), 607–624. baradaran baughman, s. (2020). how effective are police? the problem of clearance rates and criminal accountability. ala. l. rev., 72, 47. brickey, k. f. (1982). corporate criminal accountability: a brief history and an observation. wash. ulq, 60, 393. brown, s., & sriram, c. l. (2012). the big fish won’t fry themselves: criminal accountability for post-election violence in kenya. african affairs, 111(443), 244–260. chapman, k. j. (2010). the untouchables: private military contractors’ criminal accountability under the ucmj. vand. l. rev., 63, 1047. chin, g. j., & miller, m. l. (2011). the unconstitutionality of state regulation of immigration through criminal law. duke law journal, 251–314. hendra, r. (2012). tanggungjawab notaris terhadap akta otentik yang penghadapnya mempergunakan identitas palsu di kota pekanbaru. jurnal ilmu hukum, 3(1). levi, m., & reuter, p. (2006). money laundering. crime and justice, 34(1), 289–375. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. setiadewi, k., & wijaya, i. m. h. (2020). legalitas akta notaris berbasis cyber notary sebagai akta otentik. jurnal komunikasi hukum (jkh), 6(1), 126–134. soekanto, s. and s. m. (2010). metode penelitian hukum. rajawali press. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 126 the imposition of sanctions for delay reporting of a will deed to the center for the will list alex siswanto faculty of law narotama university surabaya e-mai: alexsiswanto09@gmail.com abstract humans from birth are destined to have property attached to themselves to be used as a means of carrying out life. these assets can be traded, donated, pledged, or even given to the heirs when he dies. a person may make a will before a notary as a general official who can record the final will of the testator and keep the will and report it to the register of the will center. the main purpose of making a will is related to the distribution of the property of the testator to the beneficiary so that there will be no disputes regarding inheritance in the future. in making a will, the notary plays a very important role from pre-making to the opening of the will before the heirs or testament. however, sometimes a notary can be negligent of the provisions of reporting each month to the list of will centers. this study examines the concept of a will more deeply, and how the notary's responsibility for negligence in registering a will with a will center register. the formulation of the problem in this legal research is the concept of a will and the role of a notary in storing and reporting to the center of the will list, the second problem formulation is the provision of sanctions against a notary who is negligent in reporting a will to the center of the will register. the conclusion in this study is that a will is a form of legal action carried out by the heir regarding the final will which in this case is assisted by a notary as a public official who is authorized to assist the process of issuing a will and keeping a will, as well as other obligations attached to reporting to list of will centers regarding the presence or absence of a will. the legal consequences for a notary who are negligent in reporting the presence or absence of a will in the central will list system, the notary must be responsible and accountable for his actions. with regard to the type of sanctions, that in permenkumham no. 60 of 2016 does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties, therefore the inherent sanctions refer to the provisions of the notary position act and may be subject to civil sanctions. keywords: notary, will, list of will centers 1. introduction referring to article 1 number 1 of law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary positions (uujn), notaries are public officials authorized to make authentic deeds and have other authorities as stipulated in the regulations legislation. a deed made by a notary is also referred to as an authentic deed, which means a deed made by or before a notary according to the forms and procedures applied in the uujn. according to article 15 paragraph (1) of the uujn, a notary is authorized to make an authentic deed regarding all acts, agreements, and stipulations required by laws and regulations, which are desired by the interested parties to be stated in an authentic deed, one of which is a will. a will deed is article 16 paragraph (1) letter i of uujn requiring notaries to make a list of deeds relating to a will according to the order in which the deed was made every month, which according to the next letter, namely letter j, the notary is obliged to send the list of deeds to the will register center. in the ministry that carries out government affairs in the field of law within 5 (five) days in the first week of each following month. the obligation to register this will is a form of protection for the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 127 interests of the heirs, who at any time can track the truth of the will that has been made before a notary. when the will is not registered, this can be used as a basis for the parties who suffer losses to claim reimbursement of costs, compensation, and interest from a notary. if the notary is negligent or forgets to report the will, then referring to article 16 paragraph (11) uujn, the notary is also faced with sanctions in the form of a written warning, temporary dismissal, honorable discharge, or dishonorable discharge. based on the thoughts that have been stated above, the author is interested in conducting further studies on this issue in writing with the title "legal consequences and responsibilities of notaries for wills not reported to the central list of wills". 2. research methods the type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced (peter mahmud marzuki, legal research, 2011 ). the researcher uses a normative type of research because this study aims to find coherence, namely whether there are legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether someone's actions are in accordance with legal norms or legal principles (peter mahmud marzuki , legal research revised edition, 2014) as this research finds. in this study, the researcher used three problem approach methods, namely, the statutory approach, the conceptual approach. the statutory approach is carried out by reviewing all laws and regulations related to the legal issue being researched. the conceptual approach departs from the views and doctrines that develop in the science of law. studying the views and doctrines in legal science, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, it will be possible to find the concept of responsibility attached to the position of a notary if there is negligence in reporting the will. in this study, researchers used legal sources, including: a. primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. b. secondary legal materials are all publications on law that are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and commentaries on court decisions. in this study, the secondary legal materials used include books in the field of law, papers, articles, and theses. the formulation of the problems that will be discussed in this paper can be formulated as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 128 1. the concept of wills and the role of the notary in storing and reporting to the center of the will list 2. giving sanctions to notaries who are negligent in reporting wills to the center for the will list 3. results and discussion the concept of a will and the role of a notary in storing and reporting to the center of the will register birth and death are human nature, from birth humans have natural rights inherent in humans. according to john locke, natural rights are the right to life, property rights, and the right to freedom. with regard to the right to own is interpreted broadly as the right to own objects and be able to use them. ownership of an object can be transferred to the heirs when a person dies. according to civil law, there are two kinds of inheritance, namely: 1. inheritance by law or by death or ab intestato or without a will 2. inheritance by testament or testament. making a will or testament is a legal act that is carried out by a person in determining what will happen to assets after death. inheritance often raises various legal and social problems, as recently with the inheritance of the late. vanessa angel and alm. febri, which until now has not found a bright spot. making a will is the last will of the testator before he dies. the concept of a will is a statement of will by a person regarding what is done to his property after he dies (sajuti talib: 2000). in article 171 letter (f) khi, what is meant by a will is the giving of something to another person or institution that will take effect after death (amir hamzah & a. rachmad budiono: 1994). a will or also called a testament is regulated in the second book of the civil code (kuhperdata), considering that the arrangements in the second book of bw are closed, then the arrangement of wills cannot be carried out according to the wishes of the parties like the third book of bw (r. subekti and tjitrosoedibio: 1996). referring to the provisions of article 875 bw it is explained that: "as for what is called a will, it is a deed containing a statement by a person about what he wants will happen if he dies and which he can revoke during his life." then in article 876 bw it is explained that: provisions with wills regarding property can also be made in general, can also be based on general rights, and can also be based on special rights. each such decision, whether made in the name of appointment of heirs, or under the name of a testamentary grant, or under any other name, has force according to the regulations set forth in this chapter. according to lumbantobing that there are 4 (four) kinds of wills including: 1. general will (openbaar testament) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 129 namely a will made before a notary in accordance with article 938 bw, that someone who will leave his inheritance goes to the notary and declares his will, then the notary makes a deed in the presence of 2 (two) witnesses. notaries can provide legal counseling so that the making of a will does not conflict with the applicable legal regulations. 2. written will (olographis) is a will made by a person (written by the testator himself and submitted to a notary to be kept in accordance with the provisions of article 932-937 bw. submission of this kind of will is witnessed by 2 (two) witnesses and set forth in the deed of deposit or called the deed of van depot. the submission can be done in an open or closed manner, if the submission is closed, then if the testator dies, it must be submitted to the balai harta peninggalan which will then open the will until the specified time. but before the handover is made then the notary reports in the central list of wills. if the testator wants to withdraw his will, then he can ask for it back to the notary who keeps it 3. secret will a secret will is a will made by the testator himself or can also be written by someone else but a testament must be closed and sealed and sealed the movement must be witnessed by 4 (four) witnesses in accordance with article 940bw. 4. emergency wills emergency wills are regulated in article 946-948 bw, emergency wills are wills made in an emergency. for example soldiers who are at war, people who are on a voyage and are seriously ill and quarantined. 5. kodisil wills codial wills, namely wills that contain things that must be done specifically that the heir wants after he dies, is not a transfer of property rights to assets, but arrangements regarding burial or burial or the appointment of heirs to take care of the distribution of assets. his legacy. (ghs lumban tobing: 1982). in making a testament, a notary has a very important role. based on article 943 bw it is stated that "every notary who keeps wills among the original documents, even in whatever form, must after the beneficiary dies, notify all interested parties. "notaries are required to pay attention to identification cards to determine the identity of the testament maker (appearing), in order to ensure that there is no falsification of the person of the testament maker. in addition, the specific duties and roles of a notary in making a testament include: 1) a notary providing input and legal counseling to testament makers . the notary can explain the law of inheritance to the prospective testament maker before the will is made. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 130 2) a notary can open a testament if desired by the legal parties. not everyone is allowed to see or know the contents of the deed, because the notary has an obligation to keep everything confidential. if the heirs wish to open a will, the notary can first ask for a certificate of heirs to avoid things that are contrary to the confidentiality of the deed. 3) notaries are required to make a list of wills according to the order in which the deed was made every month. 4) the notary reads the testament before the audience in the presence of at least 2 witnesses. to find out whether the final will of the heir is in accordance with what was written by the notary in the testament made, the notary is obliged to read the deed before the appearer in the presence of at least 2 (two) witnesses and signed at the same time by the appearer, the witness. , and a notary. 5) submit a testament to be opened by the heritage hall if it is known that the testator has died. in connection with the testament deed which is confidential, it is the obligation of the notary to submit it to bhp for safekeeping. the minister of law and human rights of the republic of indonesia has stipulated the regulation of the minister of law and human rights of the republic of indonesia number 60 of 2016 concerning procedures for reporting wills and applications for issuance of electronic will certificates. in permen there are several definitions including: a. list of deeds is a notary's report on the deed he made in relation to a will according to the order in which the deed was made each month; b. nil list is a report in which there is no will deed made before a notary; c. the list of will centers is the list of will centers of the directorate general of general legal administration of the ministry of law and human rights; d. will reporting is the submission of a monthly notary report in the form of a list of deeds or a list of nil or will reports made abroad to the register of wills center in permenkumham no. relating to a will”, then in paragraph (2) that the register of deeds or the list of zero as referred to in paragraph (1) must be reported to the central register of wills. the legal consequence is that it is an inherent obligation for a notary to keep and report to the central list of wills regarding the presence or absence of a will every month. in carrying out their duties, the notary may neglect to report on the will, regarding the negligence of the notary in making a report will be discussed in the next chapter. from the description above, a will is a form of legal action carried out by the testator regarding the final will which in this case is assisted by a notary as a public official who is authorized in assisting the process of issuing a will and keeping a will, as well as other obligations attached to it in the form of reporting to the central register. will regarding the existence or absence of a will. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 131 imposing sanctions on notaries who are negligent in reporting wills to the center for the will list in the previous discussion, it is the obligation of a notary to make a report regarding the presence or absence of a will that is kept by a notary. based on article 3 paragraph (1) of permenkumham no. 60 of 2016 that: "reporting of the deed list or zero list is carried out electronically through the official website of the directorate general of general legal administration of the ministry of law and human rights". then in paragraph (2) of the article that the reporting of the register of deeds or the list of zero as referred to in paragraph (1) is submitted within a period of no later than 5 (five) days in the first week of each following month”. article 4 of permenkumham no. 60 of 2016 states that the reporting list of deeds includes: 1. general wills; 2. olographic will; 3. will grant; 4. secret or secret will; or 5. revocation of will. the format for the report is as referred to in article 5 (1) of the minister of law and human rights, that reporting on the register of deeds is carried out by filling in the form containing: 1. identity of the testator which includes: full name, formerly named or alias, place and date of birth, occupation, address, identity card number ; 2. number, date and month, as well as the year the will was made; 3. type of will; and 4. repertoire number of wills. if in that month, the notary does not keep a will, then the nil list reporting is done by selecting the statement nil. list of deeds or list of nil that have been reported by a notary electronically must be stored in the database of the central list of wills. the next process described in the permenkumham is that a notary must keep: a. proof of electronic reporting on the register of deeds or the zero list; and b. proof of payment of non-tax state revenue. electronic reporting evidence is then submitted to the local notary regional supervisory council every month. if things happen that are outside the will of the notary or coercive circumstances, article 9 (1) of the permenkumham states that in certain circumstances, a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 132 notary may submit an electronic application for reporting the register of deeds and the list of nil after the period as referred to in article 3 paragraph (2). include: a. the official website of the directorate general of general legal administration does not function properly based on an official announcement by the minister or appointed official; or b. force majeure. this situation can be excluded by submitting a reporting application by uploading an application letter addressed to the central list of wills accompanied by valid reasons, information from the local indonesian notary association regional administrator, proof of payment of non-tax state revenues and submitted no later than 7 (seven) days from the date of disturbance occurs. after the process is complete, the proof of reporting is submitted to the local notary regional supervisory council. in the event that a notary is late in registering a will, the permenkumham as referred to in article 10 states that: (1) in the case of a notary: a. does not report the register of deeds or the list of nil to the central list of wills; or b. being late in submitting the register of deeds or list of nil, within the period as referred to in article 3 paragraph (2), all legal consequences arising in connection with the willing report shall be the responsibility of the notary concerned. (2) a notary who does not report the register of deeds or the list of nil, shall be subject to sanctions in accordance with the provisions of the laws and regulations. in the event that a notary takes action in accordance with article 10 of the permenkumham, he is responsible for what he does. regarding the responsibilities of a notary, there are two types of responsibility, namely moral responsibility, ethical responsibility, and legal responsibility. moral responsibility means that the notary in carrying out his position must comply with the law and do not conflict with public order and decency. while ethical responsibility means that a notary who carries out his duties must be based on a sense of responsibility for the appreciation of the nobility, dignity of his position, values, and ethics. legal responsibility can be seen from two aspects, namely the formal and material aspects. formal responsibility means that the appearers are those who come before a notary to make a deed and are not represented. while material responsibility means the obligation of a notary if he knows someone has died, he must notify or report the will to the central list of wills (mireille titisari miarti prastuti: 2006). as described in the first discussion, a notary has an obligation to prepare and report a list of deeds and a list of no wills to the central list of wills based on article 16 paragraph (1) letters i and j of the uujn. if this obligation is not carried out by a notary, then based on uujn, there are several sanctions that can be given to a notary if he neglects this http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 133 obligation, namely in the form of administrative sanctions and civil sanctions. based on article 16 paragraph (11) uujn, this administrative sanction is in the form of: a) written warning; b) temporary suspension; c) dismissal with honor; and d) disrespectful dismissal. the sanction was imposed by the central honorary council (dkp) (i gusti agung oka diatmika: 2016). the imposition of sanctions is based on the quality and quantity of violations committed by the notary. the decision made by the honorary council in the form of a warning cannot be appealed. however, the decision of the honorary council or regional honorary council (dkw) in the form of temporary dismissal and dismissal with or without respect, can be appealed to dkp. dkp decisions in the form of temporary dismissal and dismissal with or without honor can also be appealed to congress. in addition, dkp can provide recommendations accompanied by a proposal for the dismissal of a notary to the ministry of law and human rights (annisa et al: 2019). then the violation of the provisions of article 16 paragraph (1) letter c uujn can be a reason for the party who suffers a loss to demand reimbursement of costs, compensation and interest to a notary. thus, it is clear that a notary who does not carry out his obligations as stated in article 16 paragraph (1) letters i and j of the uujn can be sued for compensation for the losses suffered by the plaintiff based on article 1365 of the kuhper jo. article 16 paragraph (11) uujn. this type of responsibility is known as civil sanctions, where article 1365 of the criminal code stipulates that "every act that violates the law, which causes harm to another person, obliges the person who caused the loss to be wrong, to compensate for the loss". in order to be sued based on article 1365 bw, it is necessary to pay attention to whether all the elements in article 1365 bw are fulfilled. these elements are as follows: a. the existence of an act carried out by a notary, the intended act is either active (doing) or passive (not doing). b. the act violates the laws and regulations, decency and public order. c. there is a loss suffered by a third party (heir) d. these actions and losses have a causal relationship. from the description above, it can be concluded that the permenkumham does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties to report to the list of will centers regarding the presence or absence of a will every month, therefore the attached sanctions refer to the provisions of the act. notary position and civil sanctions. 4. conclusions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 134 that a will is a form of legal action carried out by the testator regarding the final will which in this case is assisted by a notary as a public official who is authorized in assisting the process of issuing a will and keeping a will, as well as other obligations attached in the form of reporting to the list of will centers regarding the presence or absence of a will.the legal consequences for a notary who are negligent in reporting the presence or absence of a will in the central will list system, the notary must be responsible and accountable for his actions. with regard to the type of sanctions, that in permenkumham no. 60 of 2016 does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties, therefore the inherent sanctions refer to the provisions of the notary position act and may be subject to civil sanctions. . suggestions 1. in making a will, a notary must pay attention to the identity of the will maker to avoid elements of the crime of forgery and disputes in the future. before making a will, it is recommended that the notary conduct legal counseling regarding the applicable law regarding property in inheritance according to the applicable law, and then explain in detail how the process of storing and there are legal steps regarding reporting along with the reporting function in the central will list system. 2. notaries are required to make reminder notes every month in wills reporting, preferably at the end of each month to reduce the risk of forgetting or being late in making a will report. references annisa, et al (2019), "responsibility of notaries who do not register and report wills to the central register of wills", (aceh:syiah kuala law journal) lumban tobing, ghs (1982), notary position regulations, jakarta: erlangga publisher marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group thalib, sayuti (2000), islamic inheritance law in indonesia, jakarta: sinar graphic). hamzah, amir, a. rachmad budiono (1994), inheritance law in compilation of islamic law, malang : ikip r. subekti and tjitrosoedibio (1996), legal dictionary let 12, (jakarta: pradnya paramitha titisari miarti prastuti, mireille (2006), "roles and responsibilities of notaries for testament actes made before him", (semarang: diponegoro university). oka diatmika, iga (2016), "legal protection of notary positions relating to allegations of malpractice in the process of making authentic deeds" , (bali: scientific journal of notary masters study program, udayana university) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 labour policy for overcoming the impact of covid-19 sulistyani eka lestari faculty of law, sunan bonang tuban university, indonesia e-mail : sulis_usb@yahoo.com abstract during the covid-19 epidemic pandemic, the government has done a lot of policies, in order to overcome the widespread corona virus outbreak and reduce the number of victims. in dealing with the covid-19 outbreak, the government issued several policies, one of which was the circular of the minister of manpower number m / 3 / hk.04 / iii / 2020 regarding guidelines for labor protection and business continuity in prevention and subscription coordination. however, this circular letter is deemed insufficient to solve labor problems during the covid-19 pandemic.the minister of manpower circular is deemed inappropriate if the government regulates the labor sector in dealing with covid-19 only through the minister of manpower's circular letter. the government should issue better policies such as ministerial regulations or higher so that they have the authority and binding force. government policies on employment must be able to provide guidance and clarity for industrial relations actors in facing the current covid-19 pandemic. keywords: policy, employment, pandemic, covid-19 1. introduction corona virus diserse (covid-19) is a plague that has spread to many countries, including indonesia. corona virus is a contagious new virus that was first discovered in wuhan china in december 2019. not only in indonesia, but also throughout the world, the corona virus outbreak that struck indonesia made the government issue a special policy with the temporary suspension of community activities that caused a crowd, including the process of teaching and learning in schools, company workers, activities in public spaces, to activities religious in a place of worship. (https://gajimu.com/tips-karir/kondisi-kerja-dan-kehidupan-di-tengah-pandemi-covid-19indonesia/faq-ketenagakerjaan-dan-covid-19) since this epidemic broke out, many new terms have emerged. there is a new term that is familiar with us today, namely wfh or work from home. avoiding wrong perceptions, let us try to understand what is meant by work from home is a concept of working from home. this term has actually been known for a long time, especially for workers who are freelancers. even before this pandemic existed, many companies adopted the concept of work from home for their employees. in law number 13 year 2013 article 86 paragraph (1) letter a regarding employment, it is said that every worker has the right to obtain protection, safety and health in work. there is a term that we commonly hear that is laying off workers, however this term is not known and is not regulated in the provisions of law number 13 year 2003 concerning labor. however, there were those who were laid off but did not do termination of employment, on the grounds that the company could not run production and experienced a crisis or congestion. the problem that then arises is, what about the wages of workers while carrying out work from home vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 (wfh). associated with employee salaries that have been deducted has been regulated in government regulation number 78 year 2015 regarding wages. in cases such as corona virus or covid-19 on the grounds that the company suffers a loss, wage deductions made by the company can cause disputes because they are not based on law. (https://gajimu.com/pekerjaanyanglayak/upah-kerja/pemotongan-) as for the legal deductions for reasons for deduction of wages, it is necessary to understand in law number 13 year 2003 article 1 number 30 on manpower stated that workers' rights received in the form of money are compensation from companies that have been determined and paid in accordance with the work agreement and agreement according to statutory regulations, including benefits for workers and their families for the work they have done. in government regulation number 78 year 2015 article 5 paragraph (1) regarding wages, consisting of: 1) wages; 2) basic wages and fixed allowances; 3) basic wages along with fixed allowances and non-permanent benefits. during the pandemic, there are three things that needed to be regulated in relation to employment, including: at least there are 3 things that the government needed to consider in making employment sector policies in order to deal with the spread of covid-19. first, occupational safety and health, which more than 2 million workers are affected by covid-19. there are even workers who contracted covid-19 at work. secondly, employment certainty, the covid-19 pandemic adds to the vulnerability of the workers' position to obtain employment certainty. in this situation, many workers experience termination of employment ahead of eid because employers avoid payment of holiday allowances, and this is usually experienced by workers whose status is contract workers. third, social security, social security programs are very important for workers and their families. the social security scheme organized by bpjs becomes inactive if participants do not pay dues. this will be a problem for laid-off employees and the company if they do not pay workers' social security contributions. to overcome this problem the government should issue a policy, it can through regulating that bpjs employment investment returns are then used to pay participants' premiums. the labor policy that has existed since indonesia's independence has actually prioritized the protection of workers. this can be seen in the labor law which has been issued so far. finally, law number 13 year 2003. for example, if workers work in a threatening situation, protection of workers is a major concern. and where companies are no longer able to provide that protection, the state must be responsible. because after all the normative rights of workers must be protected, for example the minimum wage as the minimum standard required by workers to live. and if companies are no longer able to fulfill workers' normative rights, the government must find the best solution. vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 2. research method in this study the authors used qualitative research methods. qualitative content analysis, according to biber & leavy (2010) is a research method for subjective interpretation of data text content through the process of classification and identification of themes or systematic patterns. in qualitative research, content analysis is carried out systematically, but not as rigid as quantitative content analysis. categorization is only used as a guide, allowing other concepts or categories to emerge during the research process. research that uses content analysis is related to phenomena that can be studied and observed. the author will first formulate precisely what will be studied in this study. next take all actions based on predetermined goals. in this study, the unit of analysis is a reference, a series of words or sentences that indicate something that has meaning in accordance with the categories of employment and the effects of covid-19. the researcher collects news related to employment and the impacts of covid-19. content analysis is carried out on electronic, print and online media. literature review implementation of labor regulations in law number 13 year 2003 concerning manpower in article 1 number 2, it is said that laborers are every person who does a job to produce goods or services both to meet their own needs and for the community. in act number 13 year 2003 concerning manpower is a refinement of act number 14 of 1969 concerning the principal provisions of manpower (sendjun h. manulang: 2011). dumairy (1997), said that included in the workforce are residents who enter the working age. the working age limit is intended to portray reality in reality. each country has different age limits due to policies and conditions of labor that are also different in each country, this is what causes the age limit in each country is different. in indonesia, the worker age limit is 15 years and there is no maximum limit. payaman simanjuntak (1998), said that workers are residents who are already working, currently working and who are looking for work or other activities such as school and taking care of the household even though they are not working but physically able to work. this understanding is broader than the understanding of workers / laborers who are only related to employment relations and workers who have not been able to work. while the understanding of the worker / laborer is a person who works and receives wages or rewards and is in a bond working relationship with a company. (hardijan rusli: 2011). meanwhile sukirno (2013: 6) saw the sending of workers in terms of expertise and education, he distinguished them in three (3) categories, namely: vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 1) crude laborers, i.e. workers who have low education or do not have the skills or skills in a job. 2) skilled workforce, namely workers who have the skills or expertise from training or work experience. 3) educated workforce, namely workers with a high enough education and expertise in certain fields of science. worker rights and obligations related that every worker has the right to get protection. in the contents of law number 13 year 2003 article 86 paragraph 1 stated that "every worker has the same right to get protection for: 1). occupational safety and health; 2). moral protection; and 3) treatment of human dignity and values in accordance with religious values. darwan prints, states that what is meant by rights is something that must be given to someone because of a cause or status of someone, while an obligation is an achievement either in the form of objects or in the form of services carried out by someone because of the position or status they bear. (darwin prinst. 2012) the rights obtained by workers have been regulated in several rules, including: 1) law number 13 year 2003; government regulation no. 8 of 1981 article 1602 civil code, articles 88 to 97 which contains the protection of wages or salaries 2) law number 13 year 2003 article 4 which contains the right to work and decent income. 3) law number 13 year 2003 article 5 concerning the right to freedom of choice and to move jobs according to their talents and abilities. 4) law no. 13 year 2003, articles 9-30 concerning the right to foster vocational expertise in acquiring and increasing expertise and skills again 5) law number 3 year 1992 article 3 on social security which is the right to obtain protection for safety, health and treatment in accordance with human dignity and religious morals. 6) law number 13 year 2003 article 104 concerning the right to establish and become a member of the labor union 7) law number 13 year 2003 article 79 concerning annual leave rights, after serving 12 (twelve) months consecutive months in one organization 8) law no. 13 year 2003 articles 88-98 concerning the right to full wages for annual leave. 9) law number 13 year 2003 article 150-172 is the right to annual payment, if at the time of termination of employment he already has at least 6 months from the time he is entitled to the last annual leave. vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 10) law number 2 year 2004 article 6-115 concerning the right to negotiate or settle in the event of industrial relations disputes whether through bipartite, mediation, conciliation, arbitration or settlement through a court. (lalu husni, 2005) 3. result and discussion the impact caused by the covid-19 pandemic corona virus or better known as covid-19 is a new type of virus and it is a form of infectious diseases that spread quickly. its spread has been to all corners of the world including indonesia, where the virus was first discovered in december 2019 in wuhan, china. there are several types of corona virus that cause respiratory infections from coughing to serious levels such as sufferers of severe acute respiratory syndrome (sars) and middle east respiratory syndrome (mers). corona virus is a new type of disease, where it is known that about 80% of people infected with covid-19 have managed to recover on their own without the need for special treatment, while 1 person out of 6 infected will suffer from severe pain and difficulty breathing until death. there are some people who are susceptible to covid-19, among others, those who are elderly and those who have a medical history of congenital diseases, such as high blood pressure, diabetes, heart disease and other illnesses. why covid is called a pandemic, the following explanation: 1) endemic is a disease outbreak in an area that attacks the community, its coverage is small. 2) plague is a disease that spreads to several regions in a country. 3) epidemic is the spread of disease between countries. at the beginning of the emergence of covid-19, it was still in an epidemic stage. because at that time the countries that experienced covid-19 were china, korea, and japan. but then spread throughout the world, the corona virus is then called a pandemic. in the construction of thinking people face covid-19 a lot of non-scientific thinking patterns that circulate in the community, instead of preventing and stopping the spread of corana virus, non-scientific construction that was built even further worsen the spread of covid-19's epidemic. (https://w3.uinsby.ac.id/sikap-ilmiahmenghadapi-pandemi-covid-19/) therefore, in the handling of the covid-19 pandemic, humility and awareness of all elements of society are needed to entrust the handling of this pandemic to the government through the covid-19 prevention task force established by the government and the health ministry and related parties, namely who. for the community and independent institutions outside the government to be able to refrain from intervening in institutions that have been given authority so as not to worsen the situation. as a poetry that if it really can't help solve the problem at least don't be part of the problem. vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 it must be realized together that the accompanying factors of congenital diseases are a factor in the high level of mortality which is hampering in handling this covid-19 outbreak. another inhibiting factor is the incorrect way of viewing society in responding to and responding to the spread of the corona virus or commonly referred to as an anachronism perspective. some perspectives of anachronism in society are: first, socio-cultural anachronism. in indonesian society, sociology is known to be very strong through mutual mutual cooperation which is a form of social empathy for others. the existence of this sociological bond is often expressed in the form of shaking hands when meeting, hugging each other between friends or acquaintances and kissing the cheeks as a sense of longing for friends and the like. when the covid-19 outbreak occurs and the government recommends keeping social distancing or terminology there is a habit that is lost or eliminated because there is a contradiction in thinking between reasoning to maintain health by maintaining social distancing and communitarian reasoning. the second is how to build religious understanding in the community, where the covid-19 prevention protocol is contrary to the existing religious construction of the community. through social media, we see a variety of religious narratives that ignore, even against the prevention and protection medical protocols of covid-19. the construction of religious narratives built in society is that death is the prerogative of god almighty, where the covid-19 pandemic is god's punishment for the sins that humans have committed, so humans need not fear, let alone covid-19, only fear of god alone, that in their thinking social distancing is only an attempt to silence the faith, and so on. in the end these people became the chain of transmission of covid-19, and certainly this was very troublesome for the team handling the covid-19 and the government. therefore it is natural that the death rate in indonesia due to the corona virus is the highest in southeast asia at around 8.46%. the attitude of the community in understanding and responding to the covid-19 pandemic scientifically manifested in reasoning thinking inductively in understanding the phenomena of social reality. inductive way of thinking is a cognitive process in which there is a causal basis based on the reality of people's lives empirically. while the way of thinking deductively is a normative reality that is adapted in empirical reality is not always in line with the context of space and time. (masdar hilmy: 2020) since the covid 19 pandemic occurred, there have been many problems not only related to socio-cultural, religious and economic issues but also related to labor issues. until now, many workers have changed their work routines into work from home activities, with terms that are currently the trend of wfh (work from home). termination of employment occurs in almost all countries affected by the corona virus. in indonesia, there were around 2.8 million workers affected by covid-19, both those who were laid off or who were laid off. vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 wfh or work from home is a work concept by doing work from home. the term work from home has long been known especially for freelancers or freelancers. law number 13 year 2013 concerning manpower article 86 paragraph (1) letter a is the legal basis of work from home that every worker has the right to get protection, safety and health at work. however, in practice, many companies laid off workers but did not terminate employment due to various reasons, for example the company could not run production until the company experienced a crisis and now this is due to the covid-19 epidemic. data that has been collected related to labor / workers work that has been laid off or laid off has reached 3 million workers since corona virus struck indonesia, some of these workers have been laid off, some have even been laid off or laid off. minister of manpower, ida fauziyah conveyed that as many as 1.7 million workers had been laid off by his company and others were laid off. while the remaining 1.3 million are still in the validation process. the latest data on may 4th, 2020 there are 3 million workers who have been affected both validated and still in process. (https://finance.detik.com/berita-ekonomi-bisnis/d5001628/). in more detail there are about 1,722,958 people no longer working because of this corona virus. while there were around 1,032,960 people who were laid off, and 375,165 people were laid off, while in the informal sector there were 314,833 people affected. the legal regulations that lay off workers related to covid-19 are regulated in: 1. in a circular from the minister of manpower number: se-05 / m / bw / 1998 concerning workers' wages that are laid off and not in the way of termination of employment; this regulation regulates:  where employers still have the obligation to pay full wages, in the form of basic wages and fixed benefits as long as workers are laid off, unless there is a work agreement, company regulations and collective agreements  if the employer is unable to pay the full salary, it should be negotiated with the union and with the workers about the amount of wages during the home. 2. in the circular of the minister of manpower number: se-907 / men / phi-pphi / x / 2004 concerning prevention; if due to large-scale social restrictions caused by the covid-19 pandemic then the company experiences difficulties which can ultimately affect workers, termination of employment or layoffs is the last effort that can be taken, after making every effort, namely: 1) namely by reducing wages and workers facilities at the top level; 2) by reducing the work shift; 3) by reducing the existing working hours; 4) by reducing business days; 5) by laying off or laying off alternately for a while. in order to protect the rights of laborers or workers the government together with employers provides a wage protection scheme when the covid-19 pandemic takes place, the minister of manpower in his circular letter dated march 17th, 2020 number m / 3 / hk.04 / iii / vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 2020 year 2020 regarding protection of against workers in the prevention and prevention of covid-19 declared a global pandemic ( https://gajimu.com/pekerjaan-yanglayak/upahkerja/pemotongan-) provisions for implementing large scale social restrictions provisions regarding large-scale social restrictions regulated in minister of manpower circular letter number 3 year 2020, as follows: a. covid persons in monitoring which are stated with a doctor's certificate and carried out selfisolation for 14 days so as not to be able to come to work in accordance with the provisions of the ministry of health, the wages are still paid in full. b. then for those who are categorized as covid-19 suspects and quarantined as stated by a doctor's certificate, then during quarantine the wages must be paid in full. c. for workers who experience illness due to covid-19 as evidenced by a doctor's certificate, the wages will still be paid according to existing regulations. d. in the imposition of restrictions on business activities because of government policies in large-scale social restrictions in their respective areas for the prevention and control of covid19, then the impact on company activities that causes some or all workers cannot come to work, then the payment of workers' wages can be made according to the agreement carried out between employers and workers. in the case that the company is no longer able to pay workers' wages in accordance with the provincial minimum wage in a public health emergency situation during the 19th pandemic, because due to large-scale social restrictions impact on company activities so that turnover decreases and the company is no longer able to pay wages workers, companies are not allowed to immediately terminate employment or not pay workers' wages. the solution that can be done by the company is that they can submit to the governor the suspension of payment of wages where this provision has been regulated in law number 13 year 2003 article 90 on manpower and minister of manpower and transmigration decree no. kep-231 / men / 2003 concerning procedures for suspending the implementation of minimum wages. as regulated in article 151 paragraph 1 of law no. 13 year 2003 concerning employment of companies, the company may not conduct arbitrary termination of employment in any situation, including in the emergency situation of the covid-19 pandemic outbreak. however, if the termination of employment as a last alternative cannot be avoided due to reasons of force and efficiency. then the company must provide a report with proof of the existence of financial statements for at least the last 2 years through an audit of public accountants stating that the company suffered losses. where this provision is regulated in law no. 13 year 2003 concerning manpower article 164 paragraph 1 and paragraph 2 vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 4. conclusion associated with the increasingly widespread outbreak of covid 19 which has had a very extraordinary impact, both in terms of socio-cultural, economic, health, psychology and the impact on the employment sector, this can be seen with the increasing number of unemployment and the occurrence of waves of layoffs that have broken the 3 million figure, however, when viewed from a legal standpoint, the government together with the company has issued a circular to protect the rights of workers / laborers, through the circular of the minister of manpower number m / 3 / hk.04 / iii / 2020 year 2020 concerning protection workers and business continuity in the context of preventing and countering covid-19. worker's rights must be exercised and considered. the termination of work is the last resort that must be taken, but must still pay attention to the rights of workers and the applicable legal rules. with reference to the applicable legal rules, including: 1) labor law number 13 year 2003; 2) law concerning settlement of industrial relations disputes number 2 year 2004; 3) government regulation on wages number 78 year 2015; 4) decree of the minister of manpower and transmigration concerning procedures for suspending the implementation of the minimum wage number kep-231 / men / 2003 year 2003. references darwin prinst. (2012). indonesian labor law. bandung: pt. citra. thing. 213. hardijan rusli. (2011). labor law. jakarta: ghalia indonesia. pp. 12-13 hsee-biber, s.n., & leavy, p, (2010). the practice of qualitative research. california: sage. hilmy, masdar.(2020). scientific attitudes toward covid-19, article published in kompas column opinion daily, on saturday, april 4, 2020. kriyantono, r. (2009). practical research in communication techniques. malang: prenada media group lalu husni, (2010), introduction to labor law, jakarta: raja grafindo persada, p. 133-136 sukirno, sadono. (2013). macroeconomics, introduction theory. pt. raja grafindo persada, jakarta. sendjun h. manulang. (2011). principles of labor law in indonesia. jakarta. rhineka copyright. p. 3 https://www.hukumonline.com/berita/baca/lt5ea120339c1c3/mendorong-regulasi-ketenagakerjaanatasi-dampak-covid-19 https://gajimu.com/tips-karir/kondisi-kerja-dan-kehidupan-di-tengah-pandemi-covid-19indonesia/faq-ketenagakerjaan-dan-covid-19 https://www.hukumonline.com/berita/baca/lt5ea120339c1c3/mendorong-regulasi-ketenagakerjaan-atasi-dampak-covid-19https://www.hukumonline.com/berita/baca/lt5ea120339c1c3/mendorong-regulasi-ketenagakerjaan-atasi-dampak-covid-19vijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 https://gajimu.com/pekerjaan-yanglayak/upah-kerja/pemotongan-penangguhan-upah https://www.hukumonline.com/klinik/detail/ulasan/lt5e79f2e60e3ac/bolehkah-memotong-gajikaryawan-karena-perusahaan-terdampak-virus-corona-/ https://w3.uinsby.ac.id/sikap-ilmiah-menghadapi-pandemi-covid-19/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 163 legal protection for children perpetrators of immoral crime (case study number 21/pid.sus.anak/2019/pn.trg) alfian rachmat darmawan, endah lestari dwirokhmeiti faculty of law, narotama univercity e-mail: alfianrd003@gmail.com abstract every child needs to get guidance and guidance from an early age because childhood is a period of shaping the personality, character and character of a human being, so that later they have the ability and strength and can be strong in life. the emotional instability of children tends to cause attitudes and actions that are considered naughty or known as juvenile delinquency. the protection policy for children in the juvenile criminal justice system mandates that the judicial process is kept as far as possible from cases of children in conflict with the law. the fundamental substance regulated in law number 11 of 2012 concerning the juvenile justice system is strict rules regarding restorative and diversionary justice which are intended to prevent children from the judicial process. key words : legal protection, criminal act, restorative justce 1. introduction children are the nation's next generation, that is, the generation that is prepared to take control of the future of a nation. the position of the child as the nation's generation will carry on the ideals of the nation and will lead the indonesian nation in the future so that it is necessary to get the widest possible opportunity to grow and develop naturally both spiritually, physically and socially and also need special protection so that later children can grow and develop for the better. in indonesian positive law, children are defined as people who are not yet mature (person under age) or are also called people who are under guardianship. the definition itself, if examined further in terms of age, according to the law chronology can differ depending on place, time and purpose. this will also affect the boundaries used to determine the child's age. we can see the difference in understanding of children in each of the existing laws and regulations. the definition of a child according to law number 4 of 1979 concerning child welfare is someone who has not reached the age of 21 years and has never been married (thalib et al., 2017) recently, children's delinquency tends to increase. the level of juvenile delinquency has led to a criminal act, namely violating the provisions of the criminal law so that the child must be accountable for his actions in court. like the immoral case that occurred in the district court decision number 21 / pid.sus / 2019.pn.trg, where a 17 year old child persuaded a 16 year old child to commit immorality. the protection policy for children in the juvenile criminal justice http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 164 system mandates that the judicial process is kept as far as possible from cases of children in conflict with the law. criminal decisions that place children as students have enormous consequences for the development of the child, both in the formation of character, personality, children should be handled differently from adults. for this reason, the handling model that applies through law no. 3 of 1997 concerning juvenile court, the same as the handling of adults, with a retributive justice model, namely punishment as the main choice or retaliation for criminal acts committed. this model is not suitable, for at least three reasons: first, the reasons for the characteristics of the child. second, the reason for the future of the child. children who are convicted are labeled and stigmatized by the punishment so that it will be difficult for the child's psychological and social growth in the future. third, restoring the relationship between children in conflict with the law, victims and society (fauzi, 2018) the special criminal justice system for children, of course, has a special purpose for the future interests of children and society, which contains the principles of restorative justice, the definition of restorative justice itself is not uniform, because there are many variations in the models and forms that develop in its application. therefore, many terminologies are used to describe the concept of restorative justice, such as communitarian justice, positive justice, relational justice, reparative justice, and community justice. . 1 law number 11 of 2012 concerning the juvenile justice system, (law number 11 of 2012) is intended to protect and nurture children who are in conflict with the law. this law intends for children to be able to face their long future and provide opportunities for children so that through fostering they gain their identity to become independent, responsible, and useful human beings for themselves, their families, communities, nation and state. the basic substance stipulated in law number 11 of 2012 concerning the juvenile justice system is strict rules regarding restorative justice and diversion which are intended to prevent children from the judicial process, so as to avoid stigmatization of children who are involved in legal problems and it is hoped that children can return to within the community in a reasonable manner. therefore, the participation of all parties is needed in order to make this happen. this process must have the objective of realizing restorative justice, both for the child and for the victim. restorative justice referred to in this law is a diversion process. in diversion, all parties involved jointly solve problems and create an obligation to make things better by involving victims, children, and the community in finding the right solution to improve, reconciliation, which is not based on retaliation. given the characteristics and characteristics of children and for the 1 eva achjani zulfa, keadilan restoratif, badan penerbit fakultas hukum universitas indonesia, jakarta, 2009, hlm. 11. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 165 protection of children, cases of children in conflict with the law, must be tried in the juvenile criminal court which is part of the scope of general court. research methods the type of research used in this thesis is normative research so that the method used is legal research methods that are carried out to find solutions to problems of existing legal problems and legal problems, so that the results of this legal research are to provide an overview of what should be applied to legal problems that exist. proposed and applicable in government legal practice. peter mahmud marzuki stated that legal research is a process to find the rule of law, legal principles, and legal doctrine to answer legal problems faced (sonakta et al., 2020). discussion 1. legal protection concept child protection is an effort made to create a condition where children can carry out their obligations and rights for the proper development and growth of children both mentally, socially and physically. child protection is a manifestation of justice in the community, therefore child protection is sought in every sphere of social and state life. child protection activities have legal consequences, both in relation to written and unwritten laws (said, 2018) the simplest form of child protection is to ensure that no child's rights are harmed. child protection complements other rights that ensure children will receive everything they need to grow and develop. according to kak seto from the national commission for child protection, there are 4 basic rights of children, namely: 1) the right to a decent life 2) the right to grow and develop 3) right to protection 4) participation rights children need special legal protection that is different from adults. this is very necessary considering that children have physically and mentally immature and immature. children really need to obtain protection guarantees from the state in the form of a statutory regulation. in accordance with the 1945 constitution which is the highest law in indonesia, especially article 28b paragraph (2) every child has the right to live, grow and develop and is entitled to protection from violence and discrimination. children as the successor of the nation's progress must be guarded and protected. child protection can be divided into 2 parts, namely 7 (1) juridical child protection, which includes protection in the field of public law and in the field of civil law; (2) non-juridical child protection includes protection in the social, health and education fields. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 166 a child needs protection in his life because basically a child cannot fend for himself. children cannot protect themselves without the help of their parents, family and the community around them. therefore, it can be said that child protection is of utmost importance. the implementation of child rights protection, which is categorized as juvenile delinquency, is evident in the juvenile delinquency law system with the existence of a mediation process that is implemented through a diversion process, where the diversion process is carried out starting from the level of investigation at the police, the level of prosecution at the prosecutor's office, and at trial. in court as specified in article 7 (zai & siregar, 2011). 2. rights of children in conflict with the law according to law no.11 of 2012 even though the child has committed a criminal act, the child must still receive protection. according to anthony m. platt, the principles of protecting children as suspects are: (a) children must be separated from adults to avoid the bad influence of adult criminals, (b) children must be avoided from unfavorable surroundings and given good protection, ( c) the actions of the child must be endeavored to not get a criminal offense, even if sentenced, it must be subject to minimal punishment and even investigation should not be necessary because the child must be corrected, not punished, (d) the child should not be given a criminal sentence, because being a prisoner will in fact bring up negative stigma as an ex-convict, (e) punishment for children should only be carried out if it is a last resort (ruddick, 2014). in the process of investigating criminal cases, according to law no.11 of 2012, children's rights must be considered, namely, among others: a. examination of children's cases is carried out in a human and closed manner. b. get legal assistance c. forms of criminal sanctions that can be imposed are the imposition of crimes and actions. imposition of a sentence can be in the form of a basic sentence consisting of imprisonment, imprisonment, fines or supervision. meanwhile, additional penalties can be in the form of confiscation of certain goods, or payment of compensation. actions that can be imposed against a child are returned to their parents, guardians, or foster parents, submitted to the state to participate in education, coaching and work training or submitted to the social community department which is engaged in education, coaching and work training. d. examination of children must be carried out in a family manner, with assistance from parents or guardians and it can also be done by someone who has been trusted by the child. during the process, avoid publication. e. no detention or imprisonment was carried out, except as a last resort and carried out for a short time. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 167 f. children who have been arrested and detained are entitled to receive assistance the law and it must be informed by the authorities from the time the child is arrested or detained to the parent, guardian or foster parent. g. correctional students must be in a children's penitentiary. while in the correctional institution, children are entitled to receive education and training according to their talents and abilities. in arresting children who are facing legal problems, the police must pay attention to children's rights by implementing protective measures such as treating children by prioritizing the presumption of innocence, treating children wisely, politely and wisely and not being equated with adult perpetrators. when an arrest is made, it is necessary to immediately inform the parent or guardian. during the investigation process, investigators are not allowed to commit acts of violence and other inappropriate actions against children because it is feared that they can cause specific trauma to the child. investigators also should not use words that give bad labels to children such as "thief", "liar", "thief" and so on. investigators must also maintain their patience and emotions in conducting interviews with children. 3. principles of restorative justice in the juvenile criminal justice system restorative justice is a criminal concept that aims to find a way to uphold a more fair and balanced criminal system between the interests of the perpetrator and the victim. however, restorative justice does not only formulate the objectives of punishment, but also formulates mechanisms to achieve goals. to achieve the objectives of punishment as stipulated in law number 11 of 2012, which stipulates that the juvenile justice system must prioritize a restorative justice approach. the mechanism for using the restorative justice approach in the juvenile justice system is not only aimed at judges, but also for all law enforcement systems in juvenile criminal justice, namely investigators, public prosecutors, and prisons. as explained in article 1 paragraph 6 (six) of law number 11 of 2012, this restorarific justice is a form of case settlement by involving perpetrators, victims, families, and other parties to jointly seek a fair solution with more emphasis on restoration back to the original state and did not mean retaliation. the principle of restorative to produce restorative justice, which is a process that involves all parties involved in a criminal act to solve problems together to make everything better by involving child offenders and victims and the community in finding solutions to fix, reconcile and reassure the heart. not based on retaliation. according to bagir manan, the concept of restorative justice contains ideas and principles, namely: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 168 1. building joint participation between perpetrators, victims and the community to solve a crime 2. encourage the perpetrator to be responsible for the criminal act he committed against the victim and be responsible not to repeat it 3. placing a criminal act is not a violation of the law but a violation between perpetrators and victims. so that later the perpetrator is directed to be responsible for the victim, not to the law. 4. encourage not to settle criminal cases in a formal way but in a more informal and personal way. 2 based on the explanation from bagir manan, it can be concluded that with the concept of restorative justice to solve criminal acts, not all criminal cases must be resolved through a rigid judicial process. this restorative juctice provides an opportunity for the perpetrator to make amends for a crime committed with the victim through deliberation based on good intentions to produce an agreement to restore the situation. restorative justice has the meaning of restoring justice. restoration includes the relationship between the perpetrator and the victim. this restoration of relationship occurs on the basis of mutual consent between the perpetrator and the victim. victims can explain the losses they have suffered and the perpetrators are also given the opportunity to be able to make up for it, either through compensation, social work, peace, or other agreements. the occurrence of restorative justice is very important because the conventional justice system does not provide opportunities for victims and perpetrators to participate in solving their problems. 3 the existence of restorative justice allows real justice to be achieved by bringing together parties to bring up a fair agreement both for the perpetrator and for the victim without anyone feeling aggrieved. if no agreement is reached between the perpetrator and the victim, the settlement will be continued through the judiciary. the application of the restorative justice process through the judiciary does not necessarily eliminate the principles contained in the juvenile criminal justice system. the judicial process in juvenile criminal cases must be restorative and not retaliatory. therefore, cases must really be handled by law enforcement officials who have attention and understand the problems of children by heeding the principles as regulated in the law. 4. application of diversion based on article 1 paragraph 7 of law number 11 of 2012, diversion is a process of transferring the settlement of juvenile cases from the criminal justice process to non-criminal 2 r. wiyono, sistem peradilan anak di indonesia, sinar grafika, jakarta, 2016, hlm. 133-134 3 yeni widowaty dan fadia fitriyanti, membangun model perlindungan hukum terhadap masyarakat sebagai korban pencemaran dan/ atau perusakan lingkungan oleh korporasi dengan prinsip restorative justice, jurnal media hukum, i (juni, 2014) , hlm.13. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 169 justice processes. the application of diversion is something that must be considered, because it guarantees the rights of children and children from being stigmatized as a prisoner. in article 6 of law number 11 of 2012 it is explained that the objectives of diversion are: 1) achieving peace between children and victims; 2) transferring the process of solving children's cases outside of the judicial process; 3) so that children avoid being deprived of freedom; 4) instilling a sense of responsibility in children. in order to achieve the goal of diversion, in carrying out its duties, the components of the juvenile justice system, namely the attorney general's office, the national police, and the court must have the same goal. if one of the law enforcement officers in carrying out a diversion task has goals that are not the same as other law enforcement officials, the juvenile criminal justice system will not succeed as intended by law number 11 of 2012. 4 not all cases of children require diversion efforts. based on article 7 paragraph (1) law number 11 of 2012 stipulates that cases of children must be sought to be diversified when investigations, examinations, and prosecutions are carried out in district courts are cases of children whose criminal acts: 1) by imprisonment of less than 7 (seven) years. 2) not a repetition of a criminal act. repetition of a criminal offense as referred to in this provision is a criminal act committed by a child, whether it is a crime of the same type or not, including a crime that is resolved through diversion. according to r. wiyono, the definition of "it is not obligatory to seek the diversion, it is not imperative or facultative". 5 which means that the case of a child whose criminal act is punishable by imprisonment of more than 7 (seven) years or is a repetition of a criminal act, may seek diversion. based on article 8 paragraph (1) of law number 11 of 2012, the diversion process is carried out through deliberation involving children and their parents or guardians, victims and / or their parents or guardians, social advisers, and professional social workers based on a restorative justice approach. in addition to deliberations that must prioritize restorative justice, the diversion process must also pay attention to the interests of the victims, avoidance of negative stigma, child responsibility, avoidance of retaliation, community harmony, propriety, decency and public order. in the process of implementing diversion, investigators, public prosecutors and judges also need to consider the categories of criminal acts, age of children, results of social research, as well as support from the family and community environment. after the diversion effort is successful, then 4 r. wiyono, sistem peradilan anak di indonesia, sinar grafika, jakarta, 2016, hlm. 48-49 5 r. wiyono, sistem peradilan anak di indonesia, sinar grafika, jakarta, 2016, hlm. 51 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 170 the results of the diversion agreement are written in the form of an agreement which is then signed by the parties, then the signed agreement will be submitted to the court within a maximum period of 3 (three) days after the agreement is reached to obtain a ruling. not all handling diversion will result between the parties. the failure to reach an agreement between the parties will certainly have an impact on the continuation of the criminal justice process. in accordance with what has been regulated in article 13 of law number 11 of 2012, namely juvenile criminal justice is continued if: 1. the diversion process did not produce agreement. 2. the diversion agreement was not implemented. as a result, if the diversion process cannot produce the desired agreement, the investigation, prosecution and examination process will continue to obtain a verdict from the judge. if later it is proven legally and convincingly to have committed a criminal act that has been suspected of a child, then it can be threatened with sanctions in accordance with the act that was committed. 5. district court decision number 21 / pid.sus.anak / 2019 / pn.trg courts in law and democratic societies are the last place to seek truth and justice. in carrying out the autonomous function of judges to judge cases, there are several principles that need to be considered. 6 in a criminal case, whether or not there is a truth is determined through a decision which is after going through a judicial process. this means that expressly finding the truth, justice and legal certainty will be seen in what has been done by the judge in legal considerations and proceedings at the trial, from examination to court decisions and even to their execution. the most important part of a judge's decision is the existence of legal certainty, both regarding the clarity of the status of the defendant and the existence of sanctions in the form of both criminal and material compensation. pin this case, the panel of judges gave a verdict to the suspect, namely imposing a sentence on a child with imprisonment for 1 (one) year and 10 (ten) months at lempaga special development for children (lpka) samarinda and job training at the samarinda vocational training center (blk) for 6 (six) months. 6. analysis of the application of restorative justice in decisions in this case, the defendant was decided by the judge using article 81 of law number 35 of 2014 which reads: 6 andi hamzah, kuhp dan kuhap, rineka cipta, jakarta, 1996, hlm. 853 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 171 "every person who deliberately deceives, lies in a series of lies, or induces a child to have intercourse with him, will be sentenced to a maximum imprisonment of 15 (fifteen) years and a maximum fine of rp. 5,000,000,000.00 (five billion rupiah) ”. indeed, in the articles used in the judge's decision, there were no mistakes. however, if seen from the results of the deliberations that have been conducted between the perpetrator and the victim and the victim's parents, it has been agreed that the perpetrator is willing to take responsibility by marrying the victim. in accordance with law number 11 of 2012 which emphasizes law enforcers to prioritize restorative justice approaches, the judges should strive to hold a deliberation process based on restorative justice. the purpose of juvenile justice is to produce restorative justice, which is a process in which the parties who are directly involved in a criminal act collectively to find a way out or solve the problem and deal with it if the consequences of this crime arise in the future. juvenile justice has an obligation to find the best solution by involving perpetrators, victims, parents and the community without any discrimination from any actions that can later hinder the development of the child. the juvenile justice system has different principles from the conventional justice system, namely: 1. make the perpetrator responsible in order to be able to repair the losses arising from his mistakes. 2. give the perpetrator the opportunity to overcome his guilt through proving his capacity and quality. 3. also involve victims, parents, schools and peers to find the best solution. 4. encourage deliberation to solve problems. in accordance with the objectives of restorative justice, namely to prevent the imposition of criminal sanctions and avoid retaliation, the judge really needs to pay attention to the results of the agreement between the perpetrator and the victim. so that children can immediately take responsibility for what they have done to the victim. especially when viewed from the chronology of the case, the perpetrator forced copulation with the victim once. then for the next immoral incident carried out consciously and without coercion from both parties like the perpetrator or the victim. based on the results of the deliberation, an agreement was reached in which the perpetrator was willing to marry the victim. therefore, the criminal decision handed down by the judge is not in accordance with the principle of restorative justice which avoids criminal sanctions for the perpetrator. conclusion http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 172 the conclusions of this thesis are based on the results of research conducted by the author and supported by data, information and facts regarding the results of the judge's decision number 21 / pid.sus.anak / 2019.pn.trg are as follows: 1. the judges' legal considerations in making the decision number 21 / pid.sus.anak / 2019.pn.trg were based on several elements to determine the final decision to be taken. according to article 81 paragraph (2) of law number 35 year 2014, the judge considered the case to have several elements, namely the element of each person, the element of intentionally, the element of deception, a series of lies or persuading the child, and the element of having intercourse with him or other people. , where everything has been described in detail. however, the judge's consideration had an error caused by the judge in considering the case without paying attention to the results of the deliberations that had been carried out by the perpetrator and the victim. 2. the emphasis on restorative justice in law number 11 of 2012 is related to this discussion, namely children as perpetrators of criminal acts of sexual intercourse, in terms of settlement carried out with a restorative justice approach. the restorative justice approach in law number 11 of 2012, in which the position of the victim and the perpetrator who are still in the category of children, must be treated without discrimination and actions that can hinder the development of children. the use of the concept of restorative justice is directed at reducing the number of children who are arrested, detained, sentenced to imprisonment, as well as eliminating the stigma / labeling of children and returning children to normal human beings so that they are expected to be useful both for the family and for the future of the country and the nation. references fauzi, s. n. and l. p. (2018). tindak pidana penipuan dalam transaksi di situ jual beli online (e-commerce). recidive, 7(3), 251. kitab undang-undang hukum acara pidana (kuhap) kitab undang-undang hukum pidana (kuhp) ruddick, s. m. (2014). young and homeless in hollywood: mapping the social imaginary. routledge. said, m. f. (2018). perlindungan hukum terhadap anak dalam perspektif hak asasi manusia. jch (jurnal cendekia hukum), 4(1), 141–152. sonakta, f. m., putri, v. r., & ngadino, a. (2020). implikasi putusan badan pengawas pemilu yang final dan mengikat terkait pelanggaran administratif pemilu. sriwijaya univercity. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 173 putusan pengadilan nomor 21/pid.sus.anak/2019/pn.trg; thalib, h., rahman, s., & semendawai, a. h. (2017). the role of justice collaborator in uncovering criminal cases in indonesia. diponegoro law review, 2(1), 27–39. undang-undang dasar negara republik indonesia tahun 1945; undang-undang nomor 11 tahun 2012 tentang sistem peradilan pidana anak; undang-undang nomor 23 tahun 2002 tentang perlindungan anak; undang-undang nomor 3 tahun 1997 tentang pengadilan anak; undang-undang nomor 4 tahun 1979 tentang kesejahteraan anak; undang-undang nomor 48 tahun 2009 tentang kekuasaan kehakiman zai, a., & siregar, t. (2011). perlindungan hukum terhadap anak yang berhadapan dengan hukum dalam sistem peradilan anak (studi pada wilayah hukum polres nias). jurnal mercatoria, 4(2), 99–116. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 229 juridical implications of the covid-19 pandemic on credit agreements in indonesia elvandi christian saragih faculty of law, universitas diponegoro remedial & recovery credit wilayah jakarta bsd, bank negara indonesia e-mail : elvandichristian04@gmail.com abstract the covid-19 pandemic has resulted in many people losing their jobs, if the person concerned is a bank debtor, it can result in him failing to make credit instalments to the bank as the creditor. this study aims to find out how the legal consequences of the covid-19 pandemic have on credit agreements in indonesia and how to resolve them in case of default. the results showed that the covid-19 pandemic resulted in difficulties for debtors to pay credit instalments to banks as creditors and made debtors in default. settlement steps that can be taken if the debtor is in default are termination of the agreement or postponement of debt payment obligations. if the cause of the debtor's inability to carry out his obligations as a result of a decrease in income during the covid-19 pandemic, the settlement using the postponement of debt payment obligation is the most appropriate option because in the future after the covid-19 pandemic can be resolved, the debtor is considered still can settle its obligations as stated in the credit agreement. keywords: pandemic, credit agreement, legal effects. 1. introduction the year 2020 can be said to be one of the times, when there are so many events that have an adverse impact on the indonesian people and the world. how could it not be, in early 2020 the indonesian people, especially in the special capital region of jakarta, had to experience natural disasters in the form of floods which greatly disrupted the activities of residents and even the national economy. after the flood disaster began to be resolved, an even bigger disaster struck again in the form of the emergence of a new, very dangerous virus that was first discovered in the chinese city of wuhan. the virus is corona virus disease 2019, hereinafter referred to as covid 19. covid-19 is an infectious disease that can attack humans or animals, causing respiratory infections, can be transmitted through the air or through direct contact with sufferers. this disease is defined by the world health organization (who) as a world health organization as a pandemic, which means that this virus has spread globally worldwide.(fitri, 2020) the committee for handling covid-19 and national economic recovery (kpcpen) on december 2, 2020 released data on the distribution of covid-19 in indonesia and in the world. in indonesia positive 54,9508 people, healed 45,8880 people, died 1,7199. while globally covid-19 has spread in 220 countries, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 230 confirmed as many as 6,336,0234 people, who died as many as 1,475,825 people.(komite penanganan covid-19 dan pemulihan ekonomi nasional, 2020) covid-19 not only has an impact in the form of disruption to the health of the sufferer, but also has a profound impact on the weakening of the indonesian economy even throughout the world. this virus is forcing every affected country to take extraordinary steps to contain its spread. one example is locking down the country so that economic development is also hampered. one of the clear evidences of the impact of this virus on the world economy is the decline in global stock prices and the hampering of economic growth in countries in the world. the inhibition of economic activity as a result of preventing the spread of this virus is the main cause of the global economic downturn. in indonesia itself, this virus has also greatly affected the country's economic sector. how not, since this virus was first announced by president joko widodo, it has arrived in indonesia, namely on monday, march 2, 2020, the indonesian economy has continued to decline until now. appeals for physical distancing, work, study and worship at home, to prohibit activities that cause crowds, of course, almost stop the economy. covid-19 had an impact on the decline in the composite stock price index (ihsg), which on april 1, 2020, was at the level of 4,554, which was the last time before this virus appeared the jci was still at the level of 6,000. the rupiah also experienced a weakening, where up to now the rupiah exchange rate against the united states dollar (us) was at the level of rp. 16,300 which was the last time before the virus entered indonesia, the rupiah was still at the level of rp. 14,000 against the us dollar. the fall in the jci and the rupiah exchange rate were only a small part of the impact of covid-19 on the indonesian economy, there are many other consequences caused by covid-19 that make the indonesian economy very concerning. so that under these conditions the role of the government is needed to provide policies that are in favor of the people.(eduardo simorangkir, 2020). with the emergence of a negative impact on the economy as a result of the spread of covid-19, it will indirectly have an impact, one of which will affect people who have credit loans, both consumer credit and working capital. credit loans are lending and borrowing activities between the debtor as the party receiving the loan and the creditor who provides the loan. this loan usually aims to assist the debtor in running his business and for daily consumption. this lending and borrowing activity is usually based on a written or unwritten agreement between the parties. according to article 1313 of the civil code "an agreement is an act, whereby one or more people bind themselves to one or more other people". whereas the lending and borrowing agreement according to article 1754 of the civil code is "an agreement whereby one party gives the other http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 231 party an amount of goods or money spent due to use on the condition that the latter party will return the same amount of sorts and circumstances. the same too ”. with this loan and loan agreement, between the debtor and creditor, a legal relationship will emerge between the two. the legal relationship that occurs as a result of an agreement is that it will give rise to rights and obligations (ery a. priyono et al., 2020) among the parties, one of which is the creditor will be obliged to give an amount of money or goods to the debtor in accordance with the agreement and will receive a return at a later date with or without interest, while the debtor has the right to receive an amount of money or goods from the creditor and is obliged to return the money. or said goods with the same amount or accompanied by interest in accordance with the agreement. however, the rights and obligations arising from the agreement sometimes do not work properly. one of the causes of not fulfilling these rights and obligations is a disaster, one of which is happening at this time is the result of the covid-19 pandemic. the obstruction of economic activity as a result of the covid-19 pandemic has made it difficult for debtors as borrowers to fulfill their obligations to creditors to pay off the debts they have. however, in cases like this, the debtor cannot just be blamed because the cause of the debtor not fulfilling his obligations comes from things outside the debtor's estimate, even everyone. reduced economic activity hinders the development and income of the debtor's business. things like this are prone to causing credit problems. the main reason is the failure to fulfill the rights and obligations as previously agreed or often referred to as default. based on the description above, the research problems are formulated as follows; what is the legal impact of the covid-19 virus pandemic on credit agreements in indonesia? what if one of the parties to the credit agreement, namely the debtor, cannot fulfill his obligations (default) to his creditors as a result of the covid19 pandemic? 2. research method the approach method used in this research is the juridical-normative approach. the normative juridical approach is an approach that refers to laws and regulations using secondary data.(ronny hanitiyo, 1990) secondary data consists of primary legal materials in the form of laws and regulations related to research problems, among others, the civil code, law no. 8 of 1999 concerning consumer protection (uupk), law no. 10 of 1998 amendments to law no. 7 of 1992 concerning banking, regulation of the financial services authority of the republic of indonesia number 11 / pojk.03 / 2020 of 2020 concerning national economic stimulus as a countercyclical policy on the impact of the spread of corona virus disease 2019, regulation of the coordinating minister for economic affairs of the republic of indonesia no. 6 of 2020 concerning special http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 232 treatment for recipients of people's business credit affected by the 2019 corona virus disease pandemic, regulation of the coordinating minister for economic affairs of the republic of indonesia no. 8 of 2020 concerning amendments to the regulation of the coordinating minister for economic affairs of the republic of indonesia no. 6 of 2020 concerning special treatment for recipients of people's business credit affected by the corona virus disease 2019 pandemic.secondary legal materials are literature related to research problems, and tertiary legal materials.(amiruddin, 2004) the research specification used is descriptive analytical, which describes the state of the object under study, as it is based on the facts at the moment.(abdulkadir muhammad, 2004) the results of the research are descriptive because they are expected to describe systematically and thoroughly everything related to the legal consequences of the covid19 virus pandemic against credit agreements in indonesia, are analytical because the results of this study will be systematically analyzed regarding the legal consequences of the covid-19 virus pandemic. against credit agreements in indonesia. data collection was carried out through literature study, document study, and legal records study. the literature referred to consists of legislation, court decisions (jurisprudence), and legal papers.(soerjono soekanto, 2001) 3. research results and discussion the legal consequences of the corona virus pandemic on the credit agreement economic activities, both national and global, also received a huge impact due to the outbreak of covid-19. the rate of transmission is very fast, the risk of death is very high, especially for people with weak immune systems, until anti-viruses have not been found that have made a number of countries and governments adopt policies that have legal implications. the lockdown policy or in indonesia it is called large-scale social restrictions (psbb) and social distancing disrupts business entities. it is estimated that many companies or people cannot meet their achievements. for example, sending goods to a country that is implementing a lockdown. the covid-19 pandemic has resulted in all office activities being closed and implementing a work from home (wfh) policy.(aurelia & oktavira, 2020) such conditions have an impact on the possibility of many contracts, agreements, business transactions or activities being delayed and even defaulted due to the spread of the covid-19 outbreak. the covid-19 pandemic has weakened the economy, of course, has also had a negative impact on the credit agreement. the destruction of debtors' businesses as a result of weakening people's purchasing power during the pandemic will affect the ability of business actors as debtors to carry out their obligations to creditors. according to ojk data as of march 2020, col 2 credit or debtors who have been in arrears for at least 1 -2 months rose sharply by 27.3% year on year (yoy). the number of non-current (col 3) to non-performing http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 233 loans (col 5) also increased by 19.10 percent.(vincent fabian thomas, 2020) this data shows clearly that the ability of business actors as debtors to carry out their obligations has greatly decreased from previous years due to the spread of covid-19. the debtor's inability to carry out the obligations as previously agreed with the creditor will violate the agreement that has been made. this has the potential to create conflicts between debtors and creditors. the decline in business performance during the covid-19 pandemic made it difficult for debtors to fulfill their achievements to creditors, in this case, the banking sector.(dhevi nayasari sastradinata, 2020) unfulfilled achievements by the debtor, in the form of default by the debtor, of course violate the agreement that has been made between the two parties. legally, this results in default. based on article 1243 of the civil code, a person can be declared as default if he / she has fulfilled the following elements: 1) failure to carry out the obligations as contained in the agreement 2) carry out obligations but only partially 3) carry out all obligations but have passed the stipulated time or are late in carrying out obligations 4) doing prohibited things that have been strictly regulated in the agreement. furthermore, by mariam darus badrulzaman, there are 3 (three) forms of default, namely; "debtors do not fulfill the agreement at all, debtors are late in fulfilling the agreement and debtors are mistaken or inappropriate to fulfill the agreement".(prayogo, 2016) failure to fulfill one of the elements above can result in the debtor being said to be default. in principle, in terms of lending and borrowing money from a bank, the creditor, in this case the bank, is entitled to receive achievements from the debtor, in this case, the bank's customer.(pangaribuan, 2019) however, in practice at this time, there was an inability of debtors to carry out their obligations as a result of the covid¬-19 pandemic which is included in the default category because the debtor may have fulfilled several elements contained in article 1243 of the civil code, namely the debtor carrying out obligations but only partially due to the obligation to pay installments. in the credit agreement not being fulfilled maximally as it should be, new debtors who are completely unable to carry out their obligations, debtors who are late in carrying out obligations, and even debtors do things that are prohibited in the agreement. so that by not fulfilling the rights that should be received by the creditor from the debtor, the debtor has violated the credit agreement and is classified as a default. the occurrence of default as a result of the covid-19 pandemic in a business environment, failure to comply with covenants or default is often justified by law if a person who does not meet performance can prove that there is an unavoidable obstacle http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 234 (force majeur). it becomes a pro / contra when the covid-19 pandemic, can legally this global pandemic be used as an excuse as a force majeure for not carrying out the special agreement in the credit agreement? can the determination of a non-natural national disaster that occurred as a result of the spread of covid-19 be called a force majeure or force majeure? if associated with elements related to force majeure, as regulated in articles 1244 and 1245 of the civil code, namely: 1) there is an unexpected event; 2) there are obstacles that make an achievement impossible; 3) the inability is not caused by the debtor's fault; 4) this inability shall not impose a risk on the debtor. so the covid-19 pandemic can be categorized as the reason for force majeure in the special agreement in the credit agreement, because the covid-19 pandemic was an unexpected event because no one could predict that this covid-19 pandemic would occur as it is now,(harnowo, 2020) with the covid-19 pandemic, the implementation of achievements obstructed due to disruption of the economy, especially in credit, where debtors as entrepreneurs had difficulty fulfilling their obligations due to decreased income as a result of the covid-19 pandemic. not having the debtor to fulfill his obligations as stated in the credit agreement is not a deliberate mistake by the debtor because the decrease in income which causes the obligation not to be carried out is not due to negligence in business management but because of the reduction in sales transactions as a result of the decline in global economic quality. because the debtor's inability to carry out his obligations was caused by the pandemic which suddenly came and disrupted the wheels of the economy, the risk could not be immediately borne by the debtor because the debtor also could not predict this incident in advance and was completely unable to avoid it. presidential decree no. 12 of 2020 concerning the determination of non-natural disasters for the spread of covid-19 as a national disaster also confirms that the covid-19 pandemic has been recognized as a disaster that cannot be avoided or predicted beforehand so it is very appropriate for debtors who cannot carry out their obligations due to the covid-19 pandemic. 19 received exemptions and were given relief by promoting justice between the two parties. if the debtor's achievements were not fulfilled as previously agreed with creditors, the government issued a national economic stimulus policy as a countercyclical policy on the impact of the spread of corona virus disease 2019, namely the financial services authority regulation (pojk) no 11 / pojk.0 / 2020. in essence, this policy provides a juridical basis for banks to restructure credit for debtors affected by the covid-19 pandemic.(ashinta sekar bidari, 2020) as for the restructuring http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 235 methods stipulated in the pojk, namely lowering interest rates, extending the period, reducing principal arrears, reducing interest arrears, increasing credit / financing facilities; and / or credit / financing conventions become temporary capital.(kornelius benuf, 2020) in addition, in practice due to the covid-19 pandemic it can also lead to the termination of the agreement, but it needs to be underlined that the termination of this agreement is not to release the debtor's responsibility in carrying out his obligations, but only to ease the burden that must be borne by the debtor and extend the time to fulfill the debtor's achievements. termination of the agreement, in this case the credit agreement, is usually carried out if the cause of the obstruction of the fulfillment of the obligations between the two parties is permanent and cannot be continued at all. the termination of the credit agreement causes a break in the legal relationship between the parties with several consequences, including payment of costs incurred, payment of interest that should have been earned, and refunds that have been obtained by the debtor as contained in the agreement with or without selling the collateral. there is. so that the settlement with the option of terminating the agreement is very detrimental and burdensome to the debtor. in this discussion, the reason for not carrying out an obligation is due to the very dangerous covid-19 pandemic which disrupted national economic activity so that the affected debtor was unable to fulfill his obligations as previously agreed with creditors. from a medical perspective, the possibility of a pandemic ending is very wide open with several efforts that can be made, one of which is a vaccination program. although this program is not easy to do, history has proven that humans have survived several times and escaped the attacks of an epidemic. so with this there is still a big possibility that the economy will recover along with the finding of a solution in overcoming the disease pandemic that is currently happening. if there is a possibility of a recovery in the national economy, the debtor is also considered to be able to carry out obligations in the future. so that the cause of the debtor unable to carry out his obligations on the grounds that businesses that have been affected by the economic downturn as a result of the corona virus pandemic cannot be categorized as a permanent barrier that can terminate an agreement. therefore, settlement with the option to terminate the agreement is not considered the right solution at this time. postponement of liability (restructuring) is carried out when the debtor who is in default is still deemed to be able to perform the obligation even though it is not in accordance with the predetermined amount and time. the ability of the debtor to meet future obligations can be seen from both internal and external sides. from the side of the internal debtor, the ability of the debtor to manage the business is of the utmost importance. the debtor's business experience, character, and guarantees are very http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 236 important to be assessed to determine whether the debtor still has the capacity to meet future obligations. from the external side of the debtor, the ability of the debtor is very influential on whether or not the economy of a country is good. the debtor's income comes from the profits from the business he runs or from the salary he gets from the work done. the income from the business and the salaries received are of course also inseparable from economic developments. if the economy decreases, it will certainly reduce the income of a company and will further affect the company's ability to provide salaries to its employees. with the corona virus pandemic that lasted for almost all of 2020, it had a very bad impact on the economy. the economic wheel has stalled with the increasing number of regulations that interfere with business activities which are directly proportional to the decline in individual and corporate income. so this is the main reason companies and individuals who become debtors cannot carry out their obligations to creditors. however, it should be remembered that history has proven that humans have been able to rise several times from the crisis caused by disease outbreaks. call it one example is the spanish virus outbreak and many other viruses that previously could also weaken the economy but solutions can still be sought. the development of science is also the basis why there is still high hope that this virus outbreak will end and the economy will gradually recover. with the economic recovery in the future, it is hoped that it can increase the debtor's income and will fulfill his obligations in the future. postponement of debt payment obligations can be done by applying for postponement of debt payment obligations (pkpu) by debtors or creditors to the court or only based on the agreement of both parties (non-litigation). postponement of debt payment obligations can be in the form of an extension of the period for paying debts or in this case the credit period, lowering interest rates, reducing the number of installments, and writing off interest payable. it should be borne in mind that the application of the types of postponement of debt payment obligations that have been mentioned previously is in accordance with the agreement between the debtor and the creditor. so neither party can force one type of suspension of obligations without the consent of the other party. this is certainly in line with one of the principles related to the agreement, namely the principle of good faith, where an agreement must be based on good intentions and intentions for the achievement of justice between the two parties. 4. conclusion the disruption of the economy of most of the people as a result of the covid-19 pandemic, including people bound by credit agreements, resulted in the inability to fulfill the rights and obligations as stated in the agreements that have been made between creditors and debtors, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 237 especially in terms of credit installment payments. the debtor is in a default condition because he has fulfilled one or several elements related to default, namely the new debtor who did not make installment payments at all from the beginning as agreed, the debtor is late in paying installments, the debtor pays installments but not in full, or the debtor violating the things prohibited in the agreement as a result of being forced to respond to the worsening economic situation due to the covid-19 virus pandemic. debtors affected by the covid-19 pandemic who are unable to fulfill their obligations in this case do not pay credit installments as contained in the credit agreement are in default. termination of agreement or postponement of debt payment obligations is an option in resolving problems between the two parties. termination of the agreement is carried out in the event that the barrier to non-compliance is a barrier that is permanent and cannot be avoided. postponement of debt payment obligations is carried out in the event that the barrier to non-compliance is a temporary barrier. the covid-19 pandemic which disrupts the running of the economy is considered to be a temporary barrier because the viral pandemic can still be overcome in the future with several existing solutions including one of which is vaccination. so that the possibility of the economy growing in the future is still wide open and the debtor's business will gradually improve so that the debtor will carry out his obligations as promised. referances abdulkadir muhammad. (2004). hukum dan penelitian hukum. citra aditya bakti. amiruddin, z. a. (2004). pengantar metode penelitian hukum. pt rajagrafindo persada. ashinta sekar bidari, r. n. (2020). stimulus ekonomi sektor perbankan dalam menghadapi pandemi coronavirus disease 2019 di indonesia. legal standing jurnal ilmu hukum, 4(1), 297–305. aurelia, b., & oktavira. (2020). ketentuan pelaksanaan work from home di tengah wabah corona. hukum online. dhevi nayasari sastradinata, b. e. m. (2020). analisis hukum relaksasi kreadit saat pandemi corona dengan kelonggaran kredit berdasarkan peraturan otoritas jasa keuangan nomor 11/pojk.03/2020. jurnal sains sosio humaniora, 4(2), 613–620. eduardo simorangkir. (2020). dibuka negatif, ihsg langsung berbalik arah ke level 4.566. detik finance. ery a. priyono, a. b., islamiyati, d. t., masyithoh, n. d., & benuf, k. (2020). the application of the principle of justice in a partnership agreement in the framework of implementing the national fish logistics system in indonesia. aacl bioflux, 13(4), 1963–1969. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 238 fitri, w. (2020). implikasi yuridis penetapan status bencana nasional pandemi corona virus disease 2019 (covid-19) terhadap perbuatan hukum keperdataan. supremasi hukum, 19(1), 76–93. harnowo, t. (2020). wabah corona sebagai alasan force majeur dalam perjanjian. hukum online. komite penanganan covid-19 dan pemulihan ekonomi nasional. (2020). data sebaran covid-19. kpcpen. kornelius benuf. (2020). urgensi perlindungan hukum terhadap konsumen fintech peer to peer lending akibat penyebaran covid-19. jurnaal rechtsvinding, 9(2), 203–217. pangaribuan, t. (2019). permasalahan penerapan klausula pembatasan pertanggungjawaban dalam perjanjian terkait hak menuntut ganti kerugian akibat wanprestasi. jurnal hukum & pembangunan, 49(2), 443–454. prayogo, s. (2016). penerapan batas-batas wanprestasi dan perbuatan melawan hukum dalam perjanjian. jurnal pembaharuan hukum, 3(2), 280–287. ronny hanitiyo. (1990). metodologi penelitian hukum dan jurimetri. ghalia indonesia. soerjono soekanto, s. m. (2001). penelitian hukum normatif; suatu tinjauan singkat. raja grafindo persada. vincent fabian thomas. (2020). efek korona pada perbankan : kredit dikurangi, cabang tutup temporer. tirto.id. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ petunjuk penulisan dan kirim artikel jurnal teknik mulai penerbitan tahun 2014 (14pt bold) ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 149 issn print 2086-6852 and issn online 2598-5892 the legal status of an individual company based on the copyright law linda setiawati, tutiek retnowati faculty of law narotama universty surabaya, indonesia e-mail : lindabali.linda@gmail.com article history: received: february 21, 2022; accepted: march 30, 2022 abstract one of the relatively dominant business entities in economic activity is the type of business entity in the form of a limited liability company. in the case of sustainable development, one of the establishments of a pt which is establishment of a pt is at least 2 (two) people as stated in article 7 paragraph (1) of the pt law. it becomes a problem when a pt arrangement can be establishment by one person and then how is the responsibility for shareholders as in an individual company in the mandate of the job creation act. the formulation of the problem proposed by the author is the legal ratio of individua in the job creation act and the legality of the establishment of a limit liability company. the reseatch conducted by the author uses normative legal research using a staturory approach and a conceptual approach ana historical approach. the result of the discussion area ratio legis the birth pf company individuals in indonesia is to provide convenience for the development of micro and small business activities to run their business in the form of a leal entity and the establishment of an individual company in indonesia is legal and legal if all the procedures for establishment are in accordance with those stipulated in goverment regulation 9 of 2021 concering the authorized capital of the company and registration the establishment, amandment, and dissolution of a company that meets criteria for micro and small businesses. key words : company, individual, job creator 1. introduction one of the relatively dominant business entities in economic is a limited company of limited enterprises (pt). many companies are currentyly changing the status of its legal entity to be limited ability (peters, 2016). factors that drive against changes in other form status to be a limited liability company because the limited form of the company is a business container that conducts the separation of the rights and obligations of the entrepreneurs in the transfer of doors with the register and liabilities of the company (indriani, n.d.). the most basic legal consequences in the limited liability company as a legal entity is the separation of wealth (fauzi, 2018). the limited liability capital of the shareholders is the wealth that has been separated rom the share of personal shareholders. with the separation of wealth, then all the wealth owned by the company is not necessary to belong to the shareholders agains, but becomes a wealth of limited liability (gegen, 2021). individuals also in the common law legal system have been know to the type of single trading business or sole trader, there is only one party acting as a merchant or traders (yuniningsih et al., 2017) . single traders generally provide capital originating from its own personalized savings or loans from banks (nindyo pramono, 2012) . individual enterprise capital is also known as in vol. 18 no. 2 february 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 150 issn print 2086-6852 and issn online 2598-5892 united kingdom (uk) and united europe (eu) and is apply also in some other countries (aziz muhammad faiz, 2020). this single shareholder develops as a trend of legal development of the company in the world that is now adopted that is facilitate the indonesian people who want to try to establish an effort as the road reaches wellbeing. the goverment considers this new breakthrough as gift of ease, protection and empowerment on msmes and perpiration. but the truth is to be what the responsibility of the shareholders in the company’s individuals. this is interesting, because in a limited responsibilities are a fundamental thing that distinguished it with other business entities, where limited responsibilities is a condition in which shareholders or shareholders from a company are only responsible for the number of shares they have in the company (sisman et al., n.d.). 2. research method the reserach conducted is a normative legal research, which is research conducted by reviewing applicable laws or applied to a particullar problem. normative research is often called a doctrinal research. the object of research job is the document of legislation and library materials. 3. results and discussion the legision ratio of the company’s indivuals in the copyright law the very striking difference between the legal form of business and the legal from business, looks once from the establishment of the business entity (markova & reilly, 2007). to establish a legal entity, absolute required by the goverment’s estoment, for example in terms of establishing pt absolutely necessary to esteema deed of the establishment and the underlying compulsory by the goverment ( minister of law and humanrights directorate of civil). while the form of business is not-in-law, the requirement of the depriciation of establishment by the goverment is not required. for example to establish cv although established in an notary deed, register in the rural courtship, but there is no instituion that is of the law for humanrights (roesli et al., 2017). the setting of pt for umk’s can be founded by one person not separated from two other forms of business law of indivual company and limited company (pt). indivual company is also knows as terms of sole proprietorship or sole1 trade1r. this form of business is the simplest form of business to make zainal alickin and suirastana who difines an individual company as a company conducted by one employer (m. zainal asikin & wira priasuhartana, 2016). in law number 40 year 2007 on limited liabilty company, pt is a legal entity which is capital fellowship, established under the agreement, conducting business activities which basic vol. 18 no. 2 february 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 151 issn print 2086-6852 and issn online 2598-5892 capital that is entirely divided into stock and meets the requirements established by this law and the implementation regulation. pt is a business entity with limited responsibility for its shareholders. pt indivuals corporate shaped legal company with limited responsibilities founded by one person and led by one person director (carter, 1987). kuhd1 indonesia was first giving birth of pt setting only regulating pt with a dwelling model of two people or more, but not to restrick the definition of the company and the pt itself. the intent of the absence of this definition of provider is a chustrike is already accustomed to the form of a variety of efforts and will be submitted to the world of scientific and jurispredence. this is considered better that regarded with strict limits because the company’s understanding can develop in accordance with the dynamics (soekardono, 1982). in some countries, the pt model is such a existence as well as the single11-member private11 limited11 liability1 company di eu and uk1, sendirian11 berhad11 (sdn1 bhd1) in 11malaysia11, and1 private1 1limited11 company1 (1pte ltd1) in 1singapura1.” in fact, countries such as uganda, ethiophia, and pakistan have known and have regulations of indivuals pt. so that the legision ratio that can be concluded through the birth of the company’s individual in indonesia is to provide ease for the development of micro and small business activities. the presence of the company’s individual is also intendeed to imrpve the ease of engineing endibud so that global community has no hesitant to invest in indonesia. legality of the establishment of an individual company the presence of individuals can mutimize the excisting public situaton that pt is usually founded by two people but in reality only run or controlled by one person. other shareholders are passive in order to meet the minimum requirements of two shareholders. individualis pt can avoid the risk of dispute between the shareholers. with this pt model, shareholders can make decision over its business quickly and efficiently. in the context of the founder or shareholders, the founder of individuals pt can only be done by person or individuals. individuals pt should not be founded by the legal entity. this is given that pt is intended for micro and small business (roesli et al., 2019). this is also in line with the micro and small business category in law number 20 of 2008 on umkm that determines that micro and small business is not a group of medium and large companies. in the case of individuals pt to establish an endeavor or become a shareholders of other pt, it should be allowed. however, the established business and stock are not allowed to be in the form of individuals pt again. this is consistent with the proposal on the founders of individuals pt who come from persons. associated with the capital deposit, individuals pt should be required to complete the corresponding capital to the amount of capital determined by itself when the establishment. capital vol. 18 no. 2 february 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 152 issn print 2086-6852 and issn online 2598-5892 deposit is done by founders or companies to the bank. this paid up capital can be a “deposit” or “guarantee” when there is a third party demand to individualis pt. for enterprise and protection operations provide a balance for third parties, against individuals pt nned to be set a certain percentage that may be able to create such balance. in relation to the management of this guarantee or deposit, it is necessary to establish a special institution, whether under the ministry of law and human rights and the ministry of cooperative and small and medium enterprises, for example in the form of a public service agency or whether an independent public legal entity. this public legal entity can act like a deposit insurance corporation that can pay claims to third parties when there is a dispute or lawsuit from a third party. to support this implementation, financial institution such as banks have an obligation to participate in accepting deposits or guarantees and then depositing them to the public service agency or public legal entity that manages individuals pt deposits or guarantees. individual company has met the criteria as a legal entity. although there is similarity to the tarde business of the ownership of the ownership of single, but in terms of establishment requires the uncertainty of authorities authorized so that the company’s individual as a legal entity so that the attitudes of the legal entity is there are limited responsibilities and have separate wealth with owners and organs in it. the limited liability of individual company shareholders has also been explicitly stated in article 153 j of the work copyright law which states that “ (1) company shareholders for micro and small business are not personally responsible for the engagement made on behalf of the company and are not responsible for the loss of the company exceeds the shares owned”. so that if there is a loss for all actions carried out by the individual company. the shareholder are only asked to be responsible for the shares included or owned in the indivual company. the proccess of establishing and institutionalization of individuali pt legal entities is easier than the establishment of pt with the order for msme’s and established by one shareholder, the establishment of this pt can be done by making a statement of establishment and filling out the form directly online through the website pages platform or mobile phone application. this establishment can also be done by establishing ministry offices or related ministry offices for obtaining assistance for establishment services. in fact, third party help should also open to accomodate the actors of msme. the process of law effectives agency should be fast (in hours of a hour or a maximum of one day ) after the entire form of froms and documents that are required to complete and have made the payment of the establishment fee. the actors are utilized responsible for the truth of the information delivered in the form of the form submitted. vol. 18 no. 2 february 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 153 issn print 2086-6852 and issn online 2598-5892 4. conclusion ratio1 legis1 the birth of an individual company in indonesia is to provide convenience for the development of micro and small business activities to run their business in the form of a legal entity. the regulation regarding individual companies is also intendeed to increase indonesia’s ease of doing business ranking so that the global community does not hesitate to invest in indonesia. the establishment of an individual company in indonesia is legal and legal if all the establishment procedures are in accordance with what has been determined in goverment regulation number 8 of 2021 concerning the authorized capital of the company and the registration of establshment, change, and dissolution of the company that meets the criteria for micro and small business. an individual company obtains status as a legal entity after obtaining a registration certificate from the minister. suggestion extensive socialization is needed to provide information to the wider community who want to develop their business that at this time there is a limited liability company that can only be established by one person and it is still necessary to refine the regulations governing individual companies, in particular, which confirms the composition of the organs in individual companies and the differences between them and the organs of limited liability companies in general. references aziz muhammad faiz, “mewujudkan pt perseorangan bagi usaha mikro kecil melalui rancangan undang-undang cipta kerja, jurnal rechtvinding, vol 9 no. 1, media pembinaan hukum nasional, 2020. carter, b. e. (1987). international economic sanctions: improving the haphazard us legal regime. calif. l. rev., 75, 1159. fauzi, s. n. and l. p. (2018). tindak pidana penipuan dalam transaksi di situ jual beli online (e-commerce). recidive, 7(3), 251. gegen, g. (2021). legal aspects in the process of damages in civil courts. legal brief, 11(1), 98–105. indriani, a. d. h. (n.d.). the role and legal standing of code of ethics in the law enforcement system in notary profession. markova, e., & reilly, b. (2007). bulgarian migrant remittances and legal status: some microlevel evidence from madrid. south-eastern europe journal of economics, 5(1), 55–69. peters, a. (2016). beyond human rights: the legal status of the individual in international law (vol. 126). cambridge university press. vol. 18 no. 2 february 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 154 issn print 2086-6852 and issn online 2598-5892 roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. roesli, m., lestari, s. e., prasetyo, k. d., & mahrus, y. i. p. (2019). consumer protection laws for bank customers. sisman, w. p. p., rahman, s., qahar, a., & abbas, i. (n.d.). repositioning the notary code of ethics as a fair legal instrument. yuniningsih, y., widodo, s., & wajdi, m. b. n. (2017). entrepreneurship and business development, volume 1, number 2. 2018. issn. 2597-4785 (online). issn: 25974750 (printed). economic: journal of economic and islamic law, 8(2), 122–128. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 239 establishment of individual limited liability companies as an effort for economic recovery due to the covid-19 pandemic amran, ibnu arly faculty of law, narotama university surabaya e-mail: amranbinaba9658@gmail.com / ibnu_arly@yahoo.com abstract purpose of this study is first, to analyze the establishment of a limited liability company pt individual. second, to analyze in the establishment of a limited liability company, an individual pt will support economic progress due to the covid-19 pandemic. this research uses normative legal research methods. this research concludes, first: the establishment of an individual limited liability company (pt) can be established by an indonesian citizen, at least 17 years old, the authorized capital of pt perseorangan, which is at least 25%, then the proof of payment is submitted to the minister of law and human rights counting 60 ( sixty) days since deed of establishment of the company for the company or filling out the statement of establishment for an individual company and this is done electronically. second: the creation of regulations regarding the establishment of pt. individuals is expected to be able to support the improvement of the indonesian economy due to the covid-19 pandemic, the existence of pt persorangan targets the middle class, for micro and small businesses. keywords: limited liability companies, covid-19 pandemic, economy, notary 1. introduction year the world has been hit by the covid-19 pandemic, as well as indonesia did not escape the pandemic from the beginning of the first two cases in february 2020. the pandemic has made it very difficult for all countries, the economy is running slowly and even decreasing after being hit by covid-19, this is not it can be denied that with the covid-19 virus, all humans in the world are expected to comply with the health protocols that have been established by the authorities of their respective countries which refer to who (word health organization) standards. each country is trying to control the spread of the virus in its country, so as not to continue to increase positive victims of covid-19 and those who die, both from civil society, health workers and government officials. the decline of both developing and developed countries due to the covid-19 pandemic has made all countries endeavor to hold back the economic downturn in their country so that there is no crisis that causes trouble in the midst of society, including indonesia. one of the efforts made by indonesia is by making regulations to establish pt. individually, this is done outside the provisions that require the establishment of pt. can be done at least 2 (two) people. the establishment of a business entity in the form of a limited liability company (pt) can be done by individuals. this provision is a mandate contained in law number 11 of 2020 concerning job creation, this is to support the ease of doing business in indonesia. the regulations for implementing the establishment of individual pts are contained in government http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 240 regulation (pp) number 8 of 2021 concerning the authorized capital of companies and registration of the establishment, amendment and disbanding of companies that meet the criteria for micro and small businesses. in the old provisions, the establishment of a pt was carried out by at least two people and there was a minimum authorized capital limit that was considered to be one of the obstacles for business actors. however, the establishment of an individual pt has procedures and requirements that must be met by business actors. an individual pt can only be established for the criteria of micro and small businesses. the criteria for micro-businesses are determined based on a maximum working capital of idr 1 billion excluding land and buildings for business premises or a maximum annual sales proceeds of idr 2 billion (rizki, 2021). "with an individual company, business actors can form a limited liability company with only one founder," said minister of law and human rights yasonna laoly in a written statement in jakarta, monday, february 22, 2021 (fajar pebrianto, 2021). first, to analyze the establishment of a limited liability company pt perseorangan. second, to analyze in the establishment of a limited liability company, an individual pt will support economic progress due to the covid-19 pandemic. 2. research method this research method is normative legal research, so that more than one research approach can be used (reza ardiyanto and moh. saleh, 2020). the object of this research is "private limited liability company (pt)." while the collection of this research material is carried out by studying the laws and regulations that have a relationship with the problem, in the form of primary data and secondary data. the main secondary legal material is textbooks because books the text contains the basic principles of legal science and the classical views of highly qualified scholars (peter mahmud marzuki, 2005). 3. results and discussion the definition of pt in general is a unit or legal entity whose capital is collected from various shares, and each owner has a share of the number of shares owned by each investor (tn, 2020a). the share sheet which is the capital for the formation of a limited liability company can be traded so that there will be a change in ownership status without having to dissolve the company, because what is owned by investors is only in the form of what percentage of shares are sold by the company concerned and what percentage are purchased and owned by investors. . http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 241 some experts argue that the definition of pt is a form of business entity that carries out capital or share association activities with the ability to manage shares well, in which the shareholders in it have responsibility according to the number of shares they own (tn, 2020a). the provisions of article 1 number 1 of law number 40 year 2007 concerning limited liability companies confirm that “limited liability companies, hereinafter referred to as a company, are legal entities which are capital partnerships, established based on an agreement, conducting business activities with authorized capital which is entirely divided into shares and meet the requirements stipulated in this law and its implementing regulations. " usually, this limited company or pt is formed by a minimum of two or more people by means of an agreement known by a notary that will produce a company deed. then, the deed must be ratified by the ministry of law and human rights so that later the company will officially become a limited liability company or pt business entity, this is confirmed in article 7 of the limited liability company law. the establishment of a pt was carried out by the founders and known to the notary public later in the "deed of incorporation containing the articles of association and other information relating to the establishment of the company" (article 8 paragraph (1) of the pt law). the idea of forming and regulating pt for umk which can be established by one person cannot be separated from two legal forms, namely a limited liability company (pt). company companies are also known as sole proprietorship or sole trader. this form of business is the simplest form of business to create (muhammad faiz aziz, 2020). when faced with progress in economic growth in indonesia, efforts are made to continue to grow for the better, the government in this case makes an innovation which is another option in the establishment of a limited liability company (pt). the drafting of a rule in law number 11 of 2020 concerning job creation which is then implemented in government regulation number 8 of 2021 concerning the authorized capital of the company and the registration of the establishment, amendment and disbanding of companies that meet the criteria for micro and small businesses. the pp is made for the establishment of an individual pt which is made without having to use a notary deed, such as the establishment of a pt at least 2 (two) founders. procedure for the establishment of a limited liability company pt perseorangan limited companies as legal entities are supported by the existence of various kinds of laws and regulations which are also an indication of the government's participation or involvement in supporting the world economy as the foundation for the growth and development of a country (devie lambe, 2011). judging from the implementation, the establishment of pt individuals is aimed at people who want the establishment of micro and small businesses which in practice do not use large http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 242 capital like the establishment of pt in general. by not involving a notary in the making of the deed of establishment of a pt, this causes the deed of establishment of pt. individuals to become an deed under the hands and not an authentic deed as in the establishment of pt in general, this is confirmed in article 7 paragraph (1) of the pt law "the company was founded by 2 (two) or more persons by notarial deed made in indonesian ”. organ pt consists of "the company's organs are the general meeting of shareholders, the board of directors and the board of commissioners." the general meeting of shareholders, hereinafter referred to as the gms, is an organ of the company which has the authority not given to the board of directors or the board of commissioners within the limits specified in this law and / or the articles of association. the board of directors is the company's organ which is authorized and fully responsible for the management of the company for the interests of the company, in accordance with the aims and objectives of the company and represents the company, both inside and outside the court in accordance with the provisions of the articles of association. the board of commissioners is the company's organ that is tasked with conducting general and / or specific supervision in accordance with the articles of association and providing advice to the board of directors. " (article 1 figures 2,3,4,5 and 6 of the pt law). the characteristics attached to a business entity can be analyzed whether the business entity is classified as a limited liability company unit or not. in general, the characteristics of a pt are as follows: (devie lambe, 2011) 1. a pt is established for profit 2. a pt has a commercial function as well as an economic function 3. the pt company capital is obtained from shares sold and bonds. 4. the pt company does not get any facilities from the state 5. the gms or general meeting of shareholders will determine the highest authority of the company pt. 6. each shareholder has as much responsibility for the company as the invested share capital. 7. shareholders will benefit from shares in the form of dividends . 8. directors are the main leaders of the company.. the ptestablishment of pt. individuals. of course there is a difference from pt in general, this is confirmed in its understanding in article 1 number 1 pp no. 8 of 2021 concerning the authorized capital of the company and the registration of the establishment, amendment and disbanding of companies that meet the criteria for micro and small businesses. "limited liability company, hereinafter referred to as the company is a legal entity which is a capital partnership, established based on an agreement, conducting business activities with authorized capital which is entirely divided into shares or individual legal entities that meet the criteria of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 243 micro and small businesses as regulated in the statutory regulations concerning micro and small businesses. " the establishment of pt. individuals is established by one indonesian citizen with a minimum age of 17 years, which is confirmed in article 1 point 2 pp no. 8 of 2021, namely "statement of establishment is the format for the establishment of an individual company established by 1 (one) person electronically". zainal asikin and wira pria suhartana define an individual company as a company that is carried out by one entrepreneur (zainal asikin and wira pria suhartana, 2016). in the establishment of a pt individual, it requires authorized capital in its establishment, which is needed as capital in running the company's business. article 4 paragraph (1) and (2) pp no. 8 of 2021 confirms "(1) the authorized capital of the company as referred to in article 3 must be issued and fully paid at least 25% (twenty five percent) as evidenced by valid proof of payment; (2) a valid proof of deposit as referred to in paragraph (1) must be submitted electronically to the minister within 60 (sixty) days from the date of: a. deed of establishment of the company for the company; or b. filling out the statement of establishment for an individual company. " the process of establishing pt individuals is carried out independently by the founders, without involving a notary, and is directly submitted to the minister of law and human rights electronically. establishment of a limited liability company pt individuals will support economic progress due to the covid-19 pandemic the covid-19 pandemic since its appearance at the end of 2019 in wuhan, and in february 2020 in indonesia, has made all countries worse off in their economic sector. there are many aspects of the economy that have an impact due to this pandemic, one of which is in the business sector that has collapsed so that many entrepreneurs have gone out of business and are losing money due to lack of income from the business they are running. however, indonesia through its working copyright law which at the beginning of its appearance created controversy among the public and economic and political observers, however, the government together with the house of representatives of the dpr of the republic of indonesia continue to push the work copyright law while still paying attention to input from the public, labor unions and businessmen. through law number 11 of 2020 concerning job creation, the government has made a rescue for the economic downturn in indonesia, not only from the macro business sector which has large capital but, from the micro sector and small businesses that have small capital, so that people who want to starting a business can establish a business on the basis of government regulation (pp) number 8 of 2021 concerning company authorized capital and registration of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 244 establishment, amendment and disbanding of companies that meet the criteria for micro and small businesses. with the hope that this regulation will raise the indonesian economy and raise the interest of the community to open and establish micro and small businesses without having to question the difficult bureaucracy and do not require the involvement of a notary in making the deed of establishment, not the same as the establishment of a pt in general. creating a business entity is an important basis if you are going to build your own business. the establishment of a business entity that is a legal entity in a company, whether small, medium or large, will protect the company from all claims due to activities carried out by the company itself. a business entity is a juridical and economic unit or an organizational unit consisting of production factors for profit-seeking purposes. business entities are economic households that aim to seek profit with production factors (tn, 2020). a business / business itself can be said to be a legal entity if it has a "deed of establishment" which is legalized by a notary accompanied by a signature on a seal and seal (tn, 2020). meanwhile, each individual company is usually only owned by one owner. the responsibilities assumed by the owner are unlimited in nature. the characteristics of an individual company are: (mr, 2020) 1. the business is owned by individuals 2. the form of management is very simple 3. the capital issued is relatively small 4. business continuity depends on the owner himself 5. sales value and also added value produced relatively smaller. when viewed from the form of management, a business economy is indeed divided into two parts, namely the part of an economic enterprise that is managed independently or individually, and which is managed by a group of companies. the following is an interpretation of each of these economic businesses (tn, 2020). with the making of regulations in the establishment of pt. individuals, it is hoped that it will encourage the progress of the indonesian economy which has been slumped by the covid-19 pandemic, so that the welfare of the people which also affects the pandemic can be restored, because with the establishment of pt. individuals it is targeted that the middle community can establish micro and small businesses. . 4. conclusion the issuance of law number 11 of 2020 concerning job creation, although there are still pros and cons at this time, the government is trying to provide the best for its people in economic http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 245 matters, so that government regulation (pp) number 8 of 2021 concerning the company's authorized capital is made. as well as registration of the establishment, amendment and dissolution of companies that meet the criteria for micro and small enterprises. even though it does not use the notary deed as the deed of establishment and requires a not so large amount of authorized capital, it is hoped that the existence of this limited liability company pt perseorangan can regenerate the indonesian economy which was deteriorated due to the covid-19 pandemic, as well as improve the welfare of the middle class by boldly establishing pt persorangan with regulations. which has been made as a legal certainty and legal protection for the community. references devie lambe. (2011). roles and responsibilities of notaries related to the performance of the legal entity administration system (sabh) in the establishment of pt. university of indonesia. fajar pebrianto. (2021). job creation law: make pt individual companies not need a notary deed. https://bisnis.tempo.co/read/1435382/uu-cipta-kerja-bikin-pt-perseroan-perorangan-takperlu-akta-notaris, muhammad faiz aziz. (2020). realizing individual limited liability companies (pt) for micro and small enterprises (mses) through the draft law on job creation, 9, 94. peter mahmud marzuki. (2005). revised edition of legal research. prenadamedia group. reza ardiyanto and moh. pious. (2020). no title. juridical implication of falsification of signature in minutes of deed of notary position (study of the supreme court's decision number 1234 k / pid / 2012), 16, 4. rizki, mj (2021). understand these important points for the establishment of pt individuals. https://www.hukumonline.com/berita/baca/lt604c87bb647da/pentuk--ini-poin-poin-penting-ppt sendirian-perorangan/ mr (2020). pt (limited liability company): definition, type, characteristics and elements of pt. accurate. https://accurate.id/bisnisukm/pengentuk-pt/ tn (2020). individual company. wikipedia. https://id.wikipedia.org/wiki/perusaha_perseorangan zainal asikin and wira pria suhartana. (2016). introduction to corporate law. prenada media group. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 266 issn print 2086-6852 and issn online 2598-5892 juridical analysis comparison of electronic civil code the role of the land frans thiodoris, mohammad roesli, adies kadir faculty of law, merdeka university surabaya e-mail: timurjayasarana@gmail.com article history: received: july 27, 2022; accepted: september 07, 2022 abstract the purpose of this research is a comparative juridical analysis of buying and selling electronic commerce with the civil code. the research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. research results for people to buy goods online to be more careful so that there is no fraud or deception that occurs in online buying and selling transactions. holding a registration of all activities related to the public interest in electronic traffic, including the registration of electronic businesses in the form of virtual shops or other virtual services and the obligation to register a buyer in a payment system operating company so that the transaction process can run smoothly and not neither party feels disadvantaged. for parties who do not carry out their responsibilities in accordance with the mutually agreed upon agreement, the aggrieved party may be sued civilly to obtain compensation payments as stated in article 12 of the ite law. keywords: electronic, buying and selling, kuh, law 1. introduction humans are social creatures, namely creatures who have a nature to live in society. as social beings, in their lives, humans need other humans who live together in society. in social life, humans are always in contact with one another, whether they realize it or not, to fulfill their needs (flynn, 2008). one of the developments in information and communication technology, among others, is virtual world technology or commonly called the internet (interconnection network). the internet as a medium of information and electronic communication has been widely used for various activities, including browsing, searching for data and news, sending messages to each other via e-mail, communicating through social networking sites, and including trading. trading activities by utilizing internet media are known as electronic commerce, or e-commerce for short (robinson et al., 2019). e-commerce is a process of buying and selling goods and services through a computer network, namely the internet (goel, 2007). buying and selling online can streamline and streamline time so that someone can make buying and selling transactions with everyone anywhere and anytime. all buying and selling transactions via the internet are carried out without face to face between the parties, they base the sale and purchase transactions on mutual trust, so that the sale and purchase agreements that occur between the parties are carried out electronically (sholikhin & amijaya, 2019). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 267 issn print 2086-6852 and issn online 2598-5892 transactions are carried out in a conventional way, namely a trading system where sellers and buyers meet directly. the goods to be sold are near the buyer, switching to an online system which is the opposite of the usual (conventional) buying and selling where the buyer and seller do not meet in person and the goods being traded are only in the form of pictures or writings that explain the specifications of the goods to be sold (pantelimon et al., 2020). in transactions through e-commerce all formalities commonly used in conventional transactions are reduced, besides of course consumers also have the ability to collect and compare information such as goods and services freely without being limited by boundaries (borderless). an entrepreneur, trader (vendor) or corporation can display or post advertisements or information about their products through a website or website, either through their own website or through other commercial website service providers (rizaldi & madany, 2021). if interested, consumers can contact through the website or guestbook available on the site and process it through the website by pressing the 'accept', 'agree' or 'order' buttons. payments can also be submitted immediately by writing a credit card number on the site. however, in addition to some of the benefits offered as mentioned above, e-commerce transactions also pose a number of problems, both psychological, legal and economic (akter & wamba, 2016). psychological problems, for example, most prospective buyers from an online store feel less comfortable and safe when making online purchasing decisions for the first time. there are doubts about the veracity of data, information or massage because the parties have never met in person. therefore, the issue of trust and good faith is very important in maintaining the continuity of the transaction (sinaga et al., 2020). there are several things that often appear in the sale and purchase agreement through this electronic media that arise as an obstacle, including agreements, taxation, payment procedures, justice, legal protection, electronic signatures, dispute resolution formed in a direct network system. . these problems give rise to legal problems, among others, regarding the legal aspects of the agreement which are very much needed in proof in order to fulfill legal certainty, in this case tangible or written documents as occurs in conventional buying and selling. meanwhile, the electronic sale and purchase agreement is carried out in a virtual world (virtual world), in the absence of real written documents such as deeds, both authentic deeds and private deeds, such conditions will cause difficulties in proving in the event of a dispute over the sale and purchase. electronically. however, one of the indonesian internet experts, budi raharjo quoted by marcella, assessed that indonesia has quite promising potential and prospects for the development of e-commerce. various obstacles faced in the development of e-commerce, such as limited infrastructure, absence of laws, guarantees of transaction security and especially human http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 268 issn print 2086-6852 and issn online 2598-5892 resources, can be pursued at the same time as efforts to develop e-commerce institutions(sinaga et al., 2020). even if it poses a risk, ignoring the development of technological capabilities will have a negative impact in the future, so that openness, being proactive and anticipatory are alternatives that can be chosen in dealing with the dynamics of technological development (sui & rejeski, 2002). this is because indonesia has in fact become part of the global e-commerce market. the implementation of buying and selling online in practice raises several problems, for example, buyers who should be responsible for paying a certain price for the products or services they buy, but do not make payments. parties who do not carry out their responsibilities in accordance with the agreed agreement can be sued by the party who feels aggrieved for compensation. article 1320 of the civil code stipulates that an agreement must fulfill the conditions for a valid agreement, namely an agreement, skill, a certain matter and a lawful cause. if the four conditions for the validity of the agreement are fulfilled, then the agreement is valid and binding on the parties (rudianto & roesli, 2019). in an effort to respond to legal developments related to buying and selling via the internet, the government has issued law number 11 of 2008 concerning information and electronic transactions, considering that national development is a continuous process that must always be responsive to various dynamics that occur in society; that the globalization of information has placed indonesia as part of the world's information society, thus requiring the establishment of regulations regarding the management of information and electronic transactions at the national level so that the development of information technology can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life; that the rapid development and advancement of information technology has led to changes in the activities of human life in various fields which have directly affected the birth of new forms of legal action; that the use and utilization of information technology must continue to be developed to safeguard, maintain and strengthen national unity and integrity based on laws and regulations for the national interest; that the use of information technology plays an important role in trade and national economic growth to realize public welfare. therefore, the government needs to support the development of information technology through legal infrastructure and regulations so that the use of information technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the indonesian people (simpson & docherty, 2004). realities like this are things that must receive attention and thought to find a solution, because buying and selling transactions carried out via the internet cannot be stopped, even every http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 269 issn print 2086-6852 and issn online 2598-5892 day the latest technology is always found in the internet world, even though now there is law no. 11 of 2008 concerning information and electronic transactions, but the protection and legal certainty for internet users who want to buy and sell goods on the internet is still not sufficient. 2. research methods in this paper, the author uses a normative juridical, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by theories and legal principles related to the problems studied. thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. legal materials for this research were obtained through library research in order to obtain various materials related to the problem being studied, books and scientific works, papers, newspapers and field studies which are expected to provide an overview of the problems being studied. and the data collected was processed in order to obtain legal material that is ready to be analyzed. the analysis of the legal material is carried out deductively in accordance with the problem approach in this study. with this kind of analysis, it will be able to provide conclusions to the problems discussed in this study. 3. results and discussion comparison of legitimacy between electronic commerce buying and buying of electronic commerce and civil code buying and selling transactions through electronic commerce, usually will be preceded by selling offers, buying offers and acceptance of sale or receipt of purchase. prior to that, it was possible to offer online offers, for example through websites on the internet or through social networking media such as facebook, twitter, yahoo messenger and even messenger. transactions through this website are usually carried out for those who do not know each other. however, transactions made through social networking media such as facebook or yahoo messenger are carried out through chat and usually these sellers and buyers already know or have transacted before, so trust has grown (merryman & pérez-perdomo, 2018). the transaction model through a website or site is in this way the seller provides a list or catalog of goods being sold accompanied by a description of the product that has been made by the seller. for more details, the model is described as follows: shopping using an order form is one of the most frequently used shopping methods in electronic commerce. in this way the merchant provides a list or catalog of goods sold. when the order stage is carried out, usually the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 270 issn print 2086-6852 and issn online 2598-5892 products sold are not visualized in the form of images, but in the form of product descriptions. in an order form page, the product offering session is divided into four parts, namely: a. a check box that is made to provide an opportunity for customers to have the products offered by clicking on the box so that it is marked with a check b. explanation of the products offered c. the quantity of goods ordered d. price for each product. in addition to the product table, payment types are also offered. the types of payments offered vary according to the services provided by the seller, such as by credit card, bank transfer, check and others (zuppi, 2006). at the time of filling out the form, the buyer is asked to fill out a form containing contact information for the buyer. in this section a security system is installed, such as ssl (secure sockets layer) to protect against fraud. furthermore, if the information sent by the buyer meets the requirements or is declared valid, the seller will send confirmation news to the buyer in the form of an e-mail. after all the conditions and the buyer has made payment and is accepted by the seller, the next process is the seller's obligation for the goods purchased by the buyer. if the product is in the form of services or instructions that can be sent via the internet, the seller will immediately send it. however, it is different if the product is in the form of goods. delivery of goods is of course adjusted to the order as stated in the catalog in electronic commerce. delivery is usually done through expeditions or goods delivery services such as pos indonesia, tiki online, jne and so on. the period of delivery of goods is usually stated in the agreement by each party and in general is according to the geographical distance between the seller and the buyer (lerner, 2002). method of transaction in the civil code the sale and purchase agreement is regulated in articles 1457-1540 of the civil code. in article 1457 of the civil code the definition of buying and selling is an agreement that binds the seller to promise to deliver an item/object (zaak), and another party acting as the buyer commits himself to promise to pay the price. the sale and purchase is included in the group of named agreements, meaning that the law has given its own name and provides special arrangements for this agreement. the arrangement of named agreements can be regulated in the civil code and the commercial code. as for how to transact in the civil code, the main elements in a sale and purchase agreement are goods and prices, where between the seller and the buyer there must be an agreement on the price and the object being the object of sale and purchase. a valid sale and purchase agreement is born if both parties have agreed on the price and goods. the consensual nature of the sale and purchase agreement is emphasized in article 1458 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 271 issn print 2086-6852 and issn online 2598-5892 of the civil code which reads "a sale and purchase is considered to have taken place between the two parties immediately after they have reached an agreement on the goods and the price, even though the goods have not been delivered nor the price has been paid." . transactional parties in electronic commerce in the world of electronic commerce, there are two actors, namely merchants/business actors who make sales and buyers/customers/consumers who act as buyers. in addition to business actors and consumers, buying and selling transactions through internet media also involve providers as internet network service providers and banks as payment facilities. consumer rights and obligations a. consumer rights when talking about consumer protection, it also talks about consumer rights. in an electronic commerce agreement, the party most prone to suffer losses or have their rights violated is the consumer. this is because the role of consumers tends to be passive and only follows the rules of the game or follows an agreement that is actually from the seller. so in everyday electronic commerce, consumers are often found suffering from losses, both incompatibility of goods ordered, delays in delivery and even fraud. therefore, there is a need for legal protection that accommodates the interests of consumers. b.the rights of consumers according to article 4 of law number 8 of 1999 concerning consumer protection are as follows: 1. the right to comfort, security, and safety in consuming goods and/or services. 2. the right to choose goods and/or services and to obtain such goods and/or services in accordance with the exchange rate and the promised conditions and guarantees. 3. the right to correct, clear, and honest information regarding the conditions and guarantees of the goods and/or services 4. the right to have their opinions and complaints heard on the goods and/or services used. 5. the right to receive guidance and consumer education. 6. the right to be treated or served correctly and honestly and not discriminatory. 7. the right to receive compensation, compensation, and/or replacement, if the goods and/or services received are not in accordance with the agreement or not properly 8. rights regulated in the provisions of other laws and regulations. if it is related to consumer rights in the electronic commerce sale and purchase agreement, then in fact all consumer rights who are concerned about the presence of buying and selling through electronic commerce have basically been regulated in this consumer protection law. starting from the right to information correctly, clearly and honestly related to the product http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 272 issn print 2086-6852 and issn online 2598-5892 and quality listed in the internet media. until compensation if the consumer has been harmed by a product that is not in accordance with the agreement, everything has been guaranteed in article 4 of the consumer protection law. c. consumer obligations article 5 of law number 8 of 1999 states the obligations of consumers, namely: 1. read or follow information instructions and procedures for the use or utilization of goods and/or services, for security and safety. 2. have good faith in making transactions to purchase goods and/or services. 3. pay according to the agreed exchange rate. 4. follow legal efforts to settle consumer protection disputes properly. in addition to having the rights regulated in the consumer protection law, consumers also have an obligation to a sale and purchase agreement. in principle, good consumers are consumers who have good faith or good intentions before entering into a sale and purchase agreement. especially in electronic commerce agreements, the good faith of consumers in purchasing must of course be accompanied by following information instructions to using goods correctly so that there is a balance between the buyer and the services provided by the seller. in addition, consumers must prioritize the principle of propriety in resolving disputes with the seller (producer) in the event of a dispute. namely prioritizing the interests of each party, where consumers immediately get answers and compensation if consumers have suffered losses and producers are also protected from things that harm their name in the eyes of other consumers. transaction parties in the civil code according to salim hs, a sale and purchase agreement is an agreement made between the seller and the buyer. in the agreement, the seller is obliged to hand over the object of sale and purchase to the buyer and is entitled to receive the price and the buyer is obliged to pay the price and has the right to receive the object. the elements contained in the definition are: a. the existence of legal subjects, namely sellers and buyers b. there is an agreement between the seller and the buyer regarding the goods and prices c. the existence of rights and obligations that arise between the seller and the buyer 2. comparison of conventional buying and selling according to electronic commerce and the civil code a. legitimacy of conventional buying and selling according to electronic commerce and the civil code http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 273 issn print 2086-6852 and issn online 2598-5892 e-commerce buying and selling transactions are the impact of technological developments that have implications in various sectors. one of these implications has an impact on the legal sector. although the regulation regarding electronic commerce issues in indonesia is based on the electronic information and transaction law, for its legitimacy it also relies on the rules in book iii of the civil code, in particular the regulation regarding the issue of legal terms of agreements that occur in electronic commerce. however, this research will also reveal that in the electronic information and transaction law there are several provisions that also regulate the validity of an electronic commerce contract. the provisions governing the validity of the electronic commerce contract are special provisions than article 1320 of the civil code as a general provision. in other words, here it can be interpreted that in general to measure the validity of an electronic commerce sale and purchase contract, it must be based on the provisions of article 1320 of the civil code and the law on information and electronic transactions. in article 1320 of the civil code, the conditions for the validity of the agreement are regulated where in general there are 2 (two) main requirements as elements or elements of contract formation, namely subjective conditions (agreement and skills of the parties) and objective conditions (certain things and lawful causes). if this subjective requirement is not met, then the legal consequence is that the electronic commerce sale and purchase contract is threatened to be canceled (vernietigbaar). through the conditions for the validity of the contract in article 1320 of the civil code which is applied and integrated into the electronic commerce sale and purchase transaction, it will be possible to measure the extent of the validity of the electronic commerce sale and purchase transaction. in this sub-chapter the author will describe the conditions for the validity of the contract in terms of subjective conditions, namely the terms of agreement and the skills of the parties. first, the terms agreed by the parties. article 1320 to 1 of the civil code requires an agreement as one of the conditions for the validity of the contract. the agreement implies that the parties express their respective will to close an agreement or statement of one party in accordance with the statement of the other party. the statement of will does not always have to be stated explicitly but can be with behavior or other things that reveal the statement of the parties' will. the terms of the agreement which are a reflection of the principle of consensualism, where an agreement has been born a contract, turns out to be in such a complex legal traffic that it also creates a complicated problem regarding the question of when the contract was born. determining the date of birth of the contract becomes an obstacle, especially if the offer and acceptance is made through correspondence or correspondence. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 274 issn print 2086-6852 and issn online 2598-5892 in the civil code there are 3 (three) things that can be used as reasons for canceling a contract based on a defect of will, namely: a) misguidance or dwaling (article 1322 of the civil code); b) coercion or dwaling (articles 1323-1327); c) fraud or bedrog (article 1328 of the civil code). apart from being based on the provisions of article 1320 to 1 of the civil code, the terms agreed to the electronic commerce sale and purchase contract are also found in the provisions of the electronic information and transaction law. the provisions in the electronic information and transaction law which regulates the terms of agreement in the electronic commerce sale and purchase contract, including: first, article 6 where based on this provision the element of agreement intended in the electronic commerce sale and purchase contract is if in the bidding process, the seller or merchants have displayed their goods and/or services online in order to attract buyers or consumers by fulfilling the elements as mentioned in this article, namely that the products offered must be: accessible, displayed, guaranteed for their integrity, and can be accounted for so as to explain a situation. b. subject and object of the sale and purchase agreement according to electronic commerce and the civil code purchase agreement is regulated in articles 1457-1540 of the civil code. according to article 1457 of the civil code, buying and selling is an agreement that binds the seller to promise to deliver an item/object (subject), and another party acting as the buyer commits himself to promise to pay the price (object). a. the subject of the sale and purchase agreement basically, the sale and purchase agreement is a legal act. the subject of a legal act is a legal subject. legal subjects consist of humans and legal entities. therefore, basically any person or legal entity can be the subject of a sale and purchase agreement, namely as a seller and a buyer, provided that the person concerned is an adult and or married. b. objects of sale and purchase agreement objects in the sale and purchase are all movable objects in this because they can be moved, for example cars, motorcycles and others and immovable objects based on objects that cannot be moved, either according to the pile, weight, size, and scale. . meanwhile, what are not allowed to be traded are: 1) other people's goods or goods 2) goods that are not permitted by law such as illegal drugs. 3) contrary to order, and 4) good morality http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 275 issn print 2086-6852 and issn online 2598-5892 article 1457 of the civil code uses the term zaak to determine what can be the object of buying and selling. according to article 499 of the civil code, zaak is goods or rights that can be owned. this means that what can be sold and bought is not only owned goods, but also a right to an item that is not owned. c. similarities between conventional buying and selling and buying and selling of electronic commerce electronic commercial transactions (electronic commerce), is a form of modern business that is non-face and non-sign. electronic commercial transactions (electronic commerce) have several special characteristics, including that these transactions are paperless (without written documents), borderless (without geographic boundaries) and the parties conducting the transactions do not need to meet face-to-face. electronic commercial transactions (electronic commerce), refers to all forms of commercial transactions based on electronic processing and data transmission through electronic media. meanwhile, conventional buying and selling transactions are buying and selling processes that are carried out face-to-face between the seller and the buyer. in buying and selling transactions, both conventional and electronic commerce have similarities, it can be seen from the equality of rights and obligations of buyers and sellers in terms of buying and selling. 4. conclusion in the practice of electronic commerce and the civil code, the sale and purchase agreement is regulated in articles 1457-1540 of the civil code. in article 1457 of the civil code, the definition of buying and selling is an agreement that binds the seller to promise to deliver an item/object (zaak), and the other party acting as the buyer binds himself to promise to pay the sale and purchase price. has given its own name and provided specific arrangements for this agreement. named agreement arrangements can be regulated in the civil code and the commercial code. as for how to transact in the civil code, the main elements in a sale and purchase agreement are goods and prices, where between the seller and the buyer there must be an agreement on the price and the object that is the object of sale and purchase. a valid sale and purchase agreement is born if both parties have agreed on the price and goods. the consensual nature of the sale and purchase agreement is confirmed in article 1458 of the civil code. in connection with article 1320 concerning article 1320 of the civil code, the conditions for the validity of the agreement have been regulated in which in general there are 2 (two) main requirements as elements or elements of contract formation, namely subjective conditions (agreement and skills of the parties) and objective conditions (certain matters and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 276 issn print 2086-6852 and issn online 2598-5892 causes). lawful). if these subjective conditions are not met, then the legal consequence is that the e-commerce sale and purchase contract is in danger of being canceled (vernietigbaar). through the conditions for the validity of the contract in article 1320 of the civil code which is applied and integrated into e-commerce buying and selling transactions, it will be possible to measure the extent of the validity of e-commerce buying and selling transactions. references akter, s., & wamba, s. f. 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(2006). the parol evidence rule: a comparative study of the common law, the civil law tradition, and lex mercatoria. ga. j. int’l & comp. l., 35, 233. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 277 issn print 2086-6852 and issn online 2598-5892 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 174 authority of notary to make a declaration as a condition for anyone to be an organ recipient / recipient anita christiana, moh saleh faculty of law, narotama universty surabaya e-mail: anitachristiana1212@gmail.com abstract life of a human being is very valuable, as an effort to save someone from a disease or any cause, the method of organ transplantation is used which is a medical action based on religious, social, cultural values while still referring to the rule of law. the rules regarding organ transplants have been regulated in statutory regulations to ensure legal certainty for the implementation of organ transplants and to avoid things that are against the law. legislations give authority to notaries in making deed of statements as a prerequisite for registering prospective recipients. there are legal issues that can be drawn from this problem, namely the legal aspects of transplanting human organs and their supervision based on statutory regulations and the authority of a notary in making a statement deed as a prerequisite for someone to become a recipient. this type of research in legal research is normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues at hand. the results of the study require a statement deed for prospective recipients, so both recipients and donors are expected not to provide funds and not make other agreements, this is purely a form of help. keywords: declaration deed, organ transplants, notary 1. introduction everyone has a desire to always be healthy in order to be able to carry out activities for worship, work, school, and so on as needed. but it is undeniable that a person has certain diseases, both genetically and non-genetically, which result in certain organs unable to function normally. of course this has a huge psychological and physical impact, through an organ transplant, a person has a higher life expectancy. organ transplants are carried out in various countries, one of which is indonesia. the government and legislators make legal regulations with the aim of being a tool to curb human organ transplant activities (imaniyati & putra, 2016). organ transplants should be carried out legally so that the rights and obligations between donors and recipients can be carried out properly. illegal organ transplants are often carried out and trafficked either directly or through the internet media across countries. this has become an international crime, because of the need for organ donation not only within one country, but between countries. in connection with illegal organ transplants on the pretext of urgent economic needs, there are cases of buying and selling of organ transplants as stated in court decision no. 1015 / pid.b / pn.jkt.pst / 2016, with the essence of the problem according to witness i in his statement stated that when the witness felt economic difficulties told his friends, his friends were advised to meet defendant a who told him http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 175 that the defendant a has sold one kidney and is now in good health, so the witness feels confident to sell his kidney through defendant a, defendant d. meanwhile, according to witness p's testimony that the witness once asked defendant dedi to help the witness sell the kidney because he needed money, which was then the witness had signed a document whose contents were untrue and did not match the witness's actual personal data then witness p underwent an operation in april 2015 and received rp.90,000,000 and was given to defendant d in the amount of rp.1,000,000. regarding this action, the public prosecutor charged primair, namely the defendant violated the provisions of article 7 paragraph (1) of law no.21 of 2007 concerning the eradication of the crime of human trafficking in conjunction with article 55 paragraph (1) to 1 of the criminal code in conjunction with article 65 paragraph (1) the criminal code while the defendant's subsidair indictment violates the provisions of article 2 paragraph (2) of law no.21 of 2007 concerning the eradication of the crime of human trafficking in conjunction with article 55 paragraph (1) to 1 of the criminal code jo article 65 paragraph (1) of the criminal code and more subsidair: violates the provisions of article 192 law number 36 year 2009 concerning health in conjunction with article 55 paragraph (1) to 1 of the criminal code in conjunction with article 65 paragraph (1) of the criminal code, so that the verdicts in this case: 1. state defendant i. d and defendant ii. a was not legally and convincingly proven guilty of committing a criminal act as in primair's indictment; 2. to release the defendants from the indictment primair; 3. to declare that defendants i and ii have been legally and convincingly proven guilty of committing a criminal act of "jointly recruiting someone by paying payment for the purpose of exploiting that person"; 4. imposing the defendants to imprisonment for 5 (five) years and 6 (six) months respectively and a fine of rp.200,000,000; (two hundred million rupiah) provided that if the fine is not paid, it is replaced by imprisonment for 1 (one) month; 5. to determine that the entire period of detention the defendants had served was deducted from the sentence imposed; etc. to avoid cases of organ trafficking, it is necessary to monitor and participate in the community to assist government programs in eradicating the criminal act of trafficking in persons. this type of legal research is normative legal research, which is a process of finding legal rules, legal principles, and legal doctrines in order to answer legal issues faced (marzuki, 2011). researchers use the normative type of research because this research is to find coherence, namely are there legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether a person's actions are in accordance with legal norms or legal principles (kusumo, 2016). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 176 2. research methods in this study, researchers used three methods of approaching the problem, namely, the statutory approach, the conceptual approach, and the case approach. thestatute approach iscarried out by examining all laws and regulations relating to the legal issue being handled. a statutory approach is needed to further examine the regulation of organ transplants and the authority of a notary in making a deed of use as a prerequisite for someone to become a recipient. in this research, the laws used are; 1. law number 29 of 2004 concerning medical practice (state gazette of the republic of indonesia 2004 number 116, supplement to the state gazette of the republic of indonesia number 4431); 2. law no. 21/2007 concerning the eradication of criminal acts in persons (statute book of the republic of indonesia no. 58/2007, supplement to statute book of the republic of indonesia no. 4720); 3. law number 36 year 2009 concerning health (state gazette of the republic of indonesia year 2009 number 144, supplement to the state gazette of the republic of indonesia number 5063); 4. law number 44 of 2009 concerning hospitals (state gazette of the republic of indonesia of 2009 number 153, supplement to the state gazette of the republic of indonesia number 5072); 5. law of the republic of indonesia number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of notary (state gazette of the republic of indonesia of 2014 number 3, supplement to the state gazette of the republic of indonesia number 5491) 6. law number 23 of 2014 concerning regional government (state gazette of the republic of indonesia of 2014 number 244, supplement to the state gazette of the republic of indonesia number 5587) as lastly amended by law number 9 of 2015 concerning the second amendment to law number 23 of 2014 concerning regional government (state gazette of the republic of indonesia number republic of indonesia year 2015 number 298, supplement to state gazette of the republic of indonesia number 5679); 7. regulation of the minister of health number 37 year 2014 concerning determination of death and utilization of donor organs (state gazette of the republic of indonesia year 2014 number 1023); 8. regulation of the minister of health no. 38 of 2016 concerning organ transplantation. 9. mui fatwa no. 13 of 2019 concerning transplants from living donors. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 177 the conceptualapproach departsfrom the views and doctrines developed in the science of law. studying views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. the case approach is carried out by conducting studies of similar cases and relating to the legal issues under study. in this study, primary legal materials consisting of legislation, official notes or minutes were used in the making of legislation and judges' decisions. meanwhile, secondary legal materials are in the form of all legal publications that are not official documents. publications on law include text books, legal dictionaries, legal journals, and commentaries on court decisions. in this research, the secondary legal materials used include: books in the field of law, papers, articles, and theses. the procedure for the collection and processing of legal materials is the first step taken is to collect both primary and secondary legal materials related to the research methods used to answer legal issues. collecting legal materials by researchers by reading books and legislation that researchers have or by borrowing books from campus and library libraries related to issues to be discussed, as well as conducting interviews with authorized officials. then the collected legal materials are processed by classifying them based on the legal issues used and then analyzing them. 3. results and discussion legal aspects of human organ transplantation and supervision organ transplantation is one of the methods used in medicine as a means of healing a person. organ transplants are carried out through a series of tests and a process before the transfer of the organs needed from the donor to the recipient is carried out. as was done by singer selena gomez some time ago, she received a kidney donor from her best friend, francia raisa, with medical records that selena gomez had an immune disease that required a kidney transplant as a method of healing. so that after the kidney transplant, selena gomez returned to health. organ transplants are carried out in various countries and are carried out both legally and illegally. this method of organ transplantation reaps pros and cons, if transplants are studied in the aspect of islamic religion as in mui fatwa number 13 of 2019 concerning transplantation of organs and / or body tissues from living donors for others, by remembering the letters in the al quran and several hadiths, namely : whoever maintains the life of a human being, it is as if he has taken care of the lives of all humans. (surah al-maidah: 32) and help you in (doing) goodness and piety, and don't help in committing sins and transgressions. (surat al-mâidah: 2) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 178 and among humans there are people who sacrifice themselves for seeking the pleasure of allah; and allah is most merciful to his servants. surah al-baqarah. (surah al-baqarah: 207) get treatment, because allah does not create disease unless it also decreases the cure, apart from one disease, namely death. " (narrated by abu dawud) therefore, according to several letters, fatwas, the view of the ulama was stipulated by a fatwa that transplantation is a series of medical actions to remove organs and / or tissues of the human body which is fatwa concerning transplantation of organs and / or body tissues from living donors to others in the context of treatment to replace organs and / or tissue that are not functioning properly the second provision in the fatwa is related to the legal provisions which explain that: 1. a person may not give or sell his organs and / or tissue to other people because the body organs are not property rights (haqqul milki). for this reason, organ harvesting and transplanting without any justified reason is haram. 2. transplantation of organs and / or body tissues of living donors to other people is permitted provided that there is an urgent need that is justified in syar'i (dharurah syariah), there is no dharar for donors due to the harvesting of organs and / or body tissues, either partially or completely, the type of body organ that is transferred to another person is not a vital organ that affects life or survival, no other medical efforts are obtained to cure it, except by transplantation, it is for help (tabarru '), not for commercial purposes, there is approval from the candidate donors, there are recommendations from health professionals or parties who have expertise to guarantee safety and health in the transplant process, there is an opinion from experts about the strong suspicion (ghalabatil zhonn) that the success of the organ transplant to another person, transplantation of organs and / or body tissue is carried out by competent and creative expert dibel, the transplant process is organized by the state. 3. the permissibility for transplanting organs and / or body tissues as referred to in number 2 (two) does not include reproductive organs, genital organs and brain. the vulnerability of illegal transplants of human organs, so legal protection is needed for donors and recipients as well as other related parties. according to fitzgerald, as quoted by satjipto raharjo, this theory of legal protection originates from the theory of natural law or the flow of natural law. this flow was pioneered by plato, aristotle (plato's student), and zeno (founder of the stoic school). according to the flow of natural law, it states that the law comes from god who is universal and eternal, and between law and morals cannot be separated. adherents of this school view that law and morals are internal and external reflections and rules of human life which are manifested through law and morals (rahardjo, 2000). so that views that come from religious values, human values become a source of inspiration for legislators to regulate organ transplants. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 179 the health law in article 64 states that disease healing and health recovery can be carried out through transplanting organs and / or body tissues. so that the practice of organ / tissue transplantation has been recognized by the state and can be carried out in accordance with the laws or regulations under it. transplants can be carried out by living donors or using organs of a person who has been declared brain stem dead by the head of the hospital. regarding the party who carries out the organ transplantation, it is a health worker who has the expertise and authority to do it and is carried out in a certain health service facility. to avoid misuse of organs, donors are required to carry out several tests to determine the health of the donor and it is no less important to get approval from the donor's family or their heirs. the health law is followed up by permenkes 38 of 2016 concerning organ transplantation. the purpose of the promulgation of this permenkes is to ensure safe, quality, accessible, fair, effective, efficient and in accordance with religious, cultural, moral and ethical norms for organ transplants. the minister of health establishes a national transplant committee under article 5 of the permenkes which has the authority to supervise hospitals organizing organ transplants, assess and recommend the establishment of an organ transplant hospital, assess priorities and make a waiting list sequence for recipients, issue donor candidate cards, and determine partner eligibility. recipients and donors based on the results of examinations by the hospital organizing the organ transplantation and the results of background tracing of the donors, provided that the donation of organs is carried out on a voluntary basis and there is no indication of buying and selling and / or commercial use. reiterated in the 13 permenkes the goal of organ transplantation for humanitarian purposes. types of donors consist of living donors and brain stem dead donors with blood or no blood relations with the recipient. the body organs that can be given to recipients by living donors based on article 14 of the permenkes are only one kidney from both kidneys and / or only part of the liver, pancreas, or lungs. talking about donors who come from patients with brain stem dead conditions, their organs are removed when the person has been declared brain stem dead (mbo) in the hospital in accordance with the provisions of laws and regulations. provisions regarding the determination of a brain stem dead person are regulated in permenkes no. 37/2014 concerning determination of death and utilization of donor organs. patients with brain stem death with conditions as stated in article 10 of the permenkes are coma unresponsive/ gcs 3 or four score 0, absence of abnormal posture (such as decortication, or deserebration), absence of uncoordinated movements or epileptic jerks. furthermore, in paragraph 2, it is stated that the conditions that must be carried out to carry out a brain stem death examination include: there are preconditions in the form of coma and apnea caused by irreversible structural brain damage due to disorders that have the potential to cause brain stem death, and no reversible causes of coma and respiratory arrest http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 180 include drugs, intoxication, metabolic disorders and hypothermia. adapun determination of a person's brain stem death can only be done by a team of doctors consisting of three (3) persons competent physician with a mandatory requirement involve a specialist anesthesiologist and specialist nerve to record a team of doctors that perform inspections of independent and diagnosis conducted in icu room. article 12 of the minister of health, stipulating the time of death of a patient is when the brain stem is declared dead, not when the ventilator is removed from the corpse or the heart stops beating. the law regulates the rights and obligations that must be carried out in order to create order in society. regarding transplanting human organs, there are rights and obligations regarding donors and recipients. the definition in the health ministerial decree, a donor is a person who donates his or her organs to a recipient for the purpose of healing the disease and restoring the recipient's health. to become a donor as stated in permenkes 38 of 2016 are: a. 18 years old proven by ktp, kk, birth certificate b. health certificate from a doctor who has sip c. make a written statement regarding the donors willingness to donate their organs voluntarily without asking for compensation d. have reasons to voluntarily donate their organs to recipients e. obtain approval from husband / wife, adult children, biological parents, or biological siblings of the donor f. make a statement understanding indications, contra indications, risks, organ transplant procedures, post-organ transplant life guidelines, as well as a statement of consent; g. make a statement not to carry out the sale of organs or other special agreements with the recipient. the donor has several rights such as knowing their identity, refusing to donate their organs to certain recipients, obtaining health insurance and death insurance, being exempt from all health care costs during organ transplant treatment, obtaining death insurance and rewards for loss of income from work / livelihoods during the post-transplant health care and recovery. determined by the minister. to ensure the health condition of the donor, the donor is obliged to maintain the confidentiality of the recipient, does not enter into a special agreement with the recipient regarding organ transplantation, maintains his health according to the doctor's instructions, conducts medical examinations at least once a year, maintains contact with the national transplant committee or committee representatives. national transplant in the province. a recipient is a person who receives a donor's organ for the purpose of healing disease and restoring health. to become an organ donor recipient, article 24 of the minister of health no. 38 of 2016 provides requirements that must be met by prospective recipients to the national http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 181 transplant committee by attaching a written statement and approval from the hospital transplant team, having written approval of willingness to pay the cost of an organ transplant or provide a letter. organ transplant cost guarantee, for a prospective recipient who is guaranteed by insurance, submits a written statement that has understood the indications, contra-indications, risks and procedures for organ transplantation, as well as a statement of approval; and submit a written statement not to buy body organs from prospective donors or enter into a special agreement with prospective donors, which is stated in the form of a notary deed or a written statement legalized by a notary public. to support government programs in terms of transplanting human organs / certain body tissues, the public can participate in supporting these activities through promotion and socialization that voluntarily donating organs is a religious charity and please help, conduct iec regarding organ transplantation, prevent buying and selling. human organs the law assigns tasks to the minister, governors and regents / mayors to provide guidance and supervision to the implementation of the human organ transplant program. with regard to the law on trafficking in persons, article 58 states that article 58 the government forms a task force consisting of representatives from the government, law enforcement, community organizations, non-governmental organizations, professional organizations, and researchers / academics who are tasked with coordinating efforts. prevention and handling of the crime of trafficking in persons, monitoring the progress of the implementation of victim protection including rehabilitation, repatriation and social reintegration, monitoring the progress of law enforcement; authority of notary to make a statement as a condition for someone to be a recipient an agency / official cannot be released from the authority that is owned by it. the definition or concept of authority in law no. 30 of 2014 concerning government administration is a right that is owned by agencies and / or government officials or other state administrators to make decisions and / or actions in government administration. authority can come from attribution, delegation, mandate. there are two types of officials, namely general officials and public officials. one of the public officials is a notary, based on the law of the republic of indonesia number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of notary (hereinafter referred to as the law on notary position and its amendments). article 1 number 1 law on the position of notary public and its amendments, notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this law or based on other laws. notaries function to guarantee the authority of their writings (deeds). notary is appointed by the highest state management and to him is given trust and recognition in providing services for the benefit of the community (indriani, n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 182 in connection with the authority in article 15 paragraph 1 it is stated that the notary is authorized to make authentic deeds regarding all actions, agreements, and stipulations. who are required by statutory regulations and / or those interested in being stated in the authentic deed, guarantee the certainty of the making date of the deed, keep the deed, provide the grosse, copy and excerpt the deed, all of which as long as the deed is made, it is not also assigned or excluded to other officials or other people determined by law. one of the duties of a notary is to make authentic deeds, according to prof. subekti, deeds can also be called writing. a deed is a piece of writing that is deliberately made to be used as evidence about an incident and signed (raden subekti, 1987). definition of authentic deed in article 1868 bw an authentic deed is a deed which is made in a form determined by law by or before a public official who is competent for it at the place where the deed is made (retno subekti, 2009). based on the form the deed is divided into authentic deeds and underhand deeds as in article 1867 bw is proof by writing done in authentic writings as well as under hand writing. the notary deed as an authentic deed has perfect and strong evidentiary power so that if there is a defect in the making of the authentic deed, the parties are obliged to prove it before a judge. the form of deed made by a notary in the practice of a notary is called the relaas deed which contains a description of the notary which is seen and witnessed by the notary himself at the request of the parties, the second type is the deed of the parties which contains descriptions or statements, statements of the parties given or submitted before the parties. notary which is then recorded and set forth in an authentic deed. in connection with the topic of organ / tissue transplantation in article 24 permenkes no. 38 of 2016 provides requirements that must be fulfilled by prospective recipients to the national transplant committee by attaching a written statement not to purchase organs from prospective donors or making special agreements with prospective donors, as outlined in the form of notary certificate or a written statement legalized by a notary public. the legislative ratio for the establishment of the minister of health requires that the deed of statement is attached, with the aim of the recipient to really carry out the rules in terms of organ donation activities, namely not to provide compensation in the future or to make other special agreements. this provides legal certainty for the rights and obligations of both donors and recipients. it is feared that after a recipient receives a donor, the donor will ask for a certain amount of funds and be burdensome for the recipient. in addition, by making a statement deed before a notary, the notary will guarantee the statement of the prospective recipient's statement as the strongest and most complete evidence. it may be possible that without the knowledge of the national transplant committee, donors and recipients enter into specific written or unwritten agreements. the main source of agreement law refers to book iii bw which regulates engagement, abiding and agreements (rahardjo, 2000), http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 183 the concept of agreement in article 1313 bw, namely an agreement is an act whereby one person, or more binds himself to one or more people. . according to prof. subekti, an agreement is an event where a person promises to another person or where the two people promise each other to carry out something. to fulfill the actions of the parties it can be categorized as an agreement, then it is obligatory to fulfill the validity conditions of the agreement stated in article 1320 bw, namely: 1. agree; 2. the ability to make an agreement; 3. a certain thing; 4. a cause that is not prohibited. there are two types of requirements in article 1320 bw, namely the objective requirements contained in paragraphs three and four and subjective requirements in the first and second paragraphs, if the parties cannot fulfill these requirements there will be legal consequences. the first condition is obliged by the parties to agree first, with the existence of an agreement, the parties mutually agree on things to be agreed upon, there is no coercion, error and fraud. the second element is that the parties are obliged to be competent (bekwaam). the meaning of a person with legal competence is the condition of a person who is mature, healthy in mind and not bankrupt / authorized to carry out his legal actions. a person who is not legally competent is categorized as only being under custody who is deemed unable to carry out legal actions legally, people who have little or no sense of mind, the objective requirements in the third paragraph are that the agreement must have the object being agreed upon / a certain thing. based on article 1333 bw the goods which become the object of this agreement must be certain, at least the type must be determined, while the amount does not need to be determined, as long as it can be determined or calculated later (putra, 2020). furthermore, article 1334 bw allows goods that will only exist at a later date as well as being the object of an agreement. according to wirdjono prodjodikoro's view, items that do not yet exist can be the object of the agreement in a relative sense (relative). there is no absolute meaning, for example, a rice sale and purchase agreement where the plant is just flowering, while there is no relative meaning such as a sale and purchase agreement that is traded in the form of rice, at the time the agreement is held it still belongs to the seller (prodjodikoro, 1981). not all goods can be traded, article 1332 bw states that goods that can be used as the object of the agreement are only goods that can be traded. a cause that is allowed is an objective condition in an agreement. referring to 1335 bw states that an agreement without cause, or that has been made for a forbidden cause, has no power (syamsuddin et al., 2021). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 184 book iii bw adopts an open system that gives the parties the freedom to enter into the desired agreement that is not against the law, public order and morals (nim, n.d.). to the parties bound by the clause in the agreement in accordance with article 1338 bw formulates that all agreements made legally apply as law for those who make them. so that there is no other reason for the parties not to carry out their rights and obligations in the agreed agreement. to avoid imbalance between the parties, the clauses made in the agreement must reflect the value of justice and be in accordance with the proportions of each party. in connection with the possibility of donors and recipients making compensation agreements for organ donors given to recipients, this cannot be justified because it does not fulfill the third requirement in article 1320, namely the promised object is not to be traded in accordance with the mandate of the health law that organs are not for sale. traded solely as a voluntary act without demanding compensation. with the description above, the author can recommend the notary to make a deed with the title deed of a statement with the following format statementno: on this day, monday, the first day of the apil month of the year two thousand twenty, 09.00 wib (nine o'clock west indonesian time) .------------------------------------------- facing me, -----------------------, bachelor of law, master of notary. notary is domiciled in the city of surabaya, east java province, attended by witnesses whom i, notary, know, and will be mentioned at the end of this deed: ---------------------- xxxxxxxxxxxxx, born in surabaya, on 15 (fifteen) april 1997 (one thousand nine hundred ninety seven), indonesian citizen, private, residing in the city of surabaya, jalan bunga no. 01, neighborhood unit 08, neighborhood unit 08, sub-district bubutan, bubutan sub-district, holder of an identity card with a resident identification number 357493483480099 is valid for life that this deed is made as the basis for completing the requirements to register as a recipient of donors or recipients at the national transplantation committee based on regulation of the minister of health of the republic of indonesia number 38 of 2016 concerning organ transplantation organization whereas the parties state that they are willing not to buy body organs from prospective donors and / or u make a special agreement with the prospective donor regarding the provision of organs ------------------ then the tappers (the tappers) also state that: ------------------------------------------------ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 185 guarantee the truth and are fully responsible for fill in all identities / letters / documents and information submitted to me, the notary, and the contents included / mentioned in this deed .------------------ have understood and understand the contents of this deed, and accept all legal consequences that arise, either now or in the future .----------------------- -----------------------these declares ------------were drawn up and completed in surabaya, on days and dates such as mentioned at the beginning of this deed, attended by: ---------------------------------------- 1. mr. xxxxxxxxxxxxxx, bachelor of law, master of notary, born in balikpapan, on 30-06-1983 (thirty june one thousand nine hundred eighty three), indonesian citizen, notary employee, residing at jl ketabang 88, surabaya city, genteng district, ketabang village, -rt.001 rw.001, identity card holder population number: 3578073006830002; -------------- 2. miss yyyyyyyyyyyyyyyyy, bachelor of law, master of notary, born in malang, on 02-05-1987 (two may one thousand-nine hundred eighty seven), indonesian citizen , notary staff, residing in surabaya city, tenggilis mejoyo district, kendangsari village, rt.003 rw.001, jalan kendangsari 4/5, identity card holder with identity number: 3578244205870002; as witnesses. after this deed by me, the notary reads it to the parties and witnesses, then this deed will be signed by the parties, the witnesses, and i, the notary. ------------------ delivered without adding, deleting, or replacing 4. conclusion from the above discussion conclusions can be drawn, namely, organ donation is not needed by potential donor recipients with certain medical reasons, but it must be emphasized that the organ donation process is not the object of a trade agreement and is only for humanitarian purposes. compensation from recipients to donors cannot be justified because it violates article 1320 bw and the agreement is null and void and the notary is authorized to make a statement deed as a prerequisite for recipient / donor recipients in the registration process at the national transplantation committee, as for the contents of the clause in the deed regarding the commitment of the recipient or donor recipient not to give compensation and not to make special agreements in the future. references http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 186 imaniyati, n. s., & putra, p. a. a. (2016). pengantar hukum perbankan indonesia. refika aditama. indriani, a. d. h. (n.d.). the role and legal standing of code of ethics in the law enforcement system in notary profession. kusumo, d. t. (2016). kajian yuridis bentuk hukum badan usaha milik daerah (bumd) di bidang perbankan pasca berlakunya undang-undang nomor 23 tahun 2014 tentang pemerintahan daerah. marzuki, p. m. (2011). an introduction to indonesian law. setara press. nim, j. a. s. (n.d.). wanprestasi anggota dalam perjanjian pinjammeminjam uang pada koperasi pegawai republik indonesia guru sekolah dasar di kecamatan bunguran timur kabupaten natuna. jurnal fatwa hukum, 1(1). prodjodikoro, w. (1981). asas-asas hukum pidana di indonesia, cet. 3. pt eresco, jakartabandung. putra, s. g. m. s. r. (2020). legal reconstruction of implementation legally binding verdict in industrial relations court. jurnal hukum dan peradilan, 9(1), 99–115. rahardjo, s. (2000). ilmu hukum. citra aditya bakti. subekti, raden. (1987). hukum perjanjian. intermasa. subekti, retno. (2009). keunikan model black litterman dalam pembentukan portofolio. prosiding seminar nasional mipa uny, yogyakarta. syamsuddin, k. i., yani, t. a., & darmawan, d. (2021). implementation of the principle of balance in the sale and buy agreement of households in waarmeking by notary in banda aceh city. international journal of multicultural and multireligious understanding, 8(4), 435–441. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 owner's responsibility of traffic vehicles with eticketing fandy firmansyah, evi retno wulan faculty of law, narotama universty surabaya e-mail: ifandifirmansyah@gmail.com abstract the e-ticket system or electronic ticketing has been piloted in several big cities. this electronic ticket, which is commonly called e-ticket, is a digitalization of the ticket process, by utilizing technology it is hoped that the entire ticketing process will be more efficient and effective and can also help the police in administrative management. however, in this e-ticket there are weaknesses as a result of which injustice arises. this study aims to determine whether the vehicle owner is responsible for violations committed by other parties and to find out what efforts the vehicle owner can make with e-tilang. based on the problems discussed in this thesis, the research method used is the legal research method with the statue approach and conceptual approach, the type of data uses primary legal material and secondary legal material, the data collection method used is through literature study and legal materials. the results of the study indicate that e-ticketing in the framework of criminal law is more focused on criminal responsibility and vehicle owners are not responsible for violations committed by other parties in the practice of implementing the article in law number 22 year 2009 concerning traffic and road transportation. efforts that can be made by vehicle owners are to protest to the police if the photo captured by cctv is not him. keywords: e-ticketing, responsible 1. introduction the increase in traffic violations is a new challenge for the police to be able to implement sanctions that are educational but still have a deterrent effect. one of the ways to suppress violations is to carry out administrative sanctions (ticketing) by the police. however, what has happened so far is that the ticket system has often been ignored by unscrupulous members of the police by committing fraud to ask for bribes, but this is also not only on the part of the police but also from members of the community who offer bribes to individual members, therefore this is not uncommon (pusat data dan sarana informatika kementerian komunikasi dan informatika, 2013). made to compromise each other so that their respective interests can be achieved without following the applicable procedures and are often referred to as illegal levies. in addition, every act of violation committed by the community is only recorded in the ticketing certificate and is invested in the ticket administration division then sanctions are imposed, and only up to the final recording level, so that when there is a repeat of the violation by the same person there is no significant increase in sanctions. the ticket system should be well managed so that in every implementation it produces a deterrent effect on traffic offenders (gunawan, 2020). then the information system for every violation by motorists on the highway must be the basis for prosecution of violations in the next stage, meaning that information on violations that have been committed by each person must always be identified by every member of the police who made the ticket. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 along with advances in technology and information, now the ticketing has used an electronic system, one of which is known as the e-ticket system, and it is hoped that the entire ticketing process will be more effective and efficient as well as assisting the police in administrative management. the e-ticketing system referred to in this study will replace the manual ticketing system that uses a ticket form, where the violating motorist will be recorded through an application owned by police personnel. with the e-ticketing, the community has to pay fines through the bank, so that the opportunity for police officers to carry out illegal fees is small or even non-existent (junef, 2017). however, not all people can follow the e-ticketing procedures provided by the police, especially for ordinary people who do not understand technology. the eticketing system that is in place gives attention to the community. with the e-ticketing system, it has a good impact on people who are familiar with technology. however, for people who are not familiar with this technology (bunga, 2019). factors that are taken into consideration by the community are the use of the e-ticketing system which is not well understood and widespread. in addition to some of the factors above, there are also weaknesses of the e-tilang system, one of which is if a driver violates traffic but does not use his own vehicle but uses his friend's vehicle, it means that what appears on the cctv footage is his friend's vehicle and in the system from ea ticket is seen by the police number or vehicle number plate, which means that in this way the ticketing certificate will come to the owner of the vehicle, not the driver of the vehicle (setiyanto et al., 2017). 2. research methods research approach based on the problems discussed in this thesis, the research method used is the legal research method with the statue approach and the conceptual approach. statue approach this is an approach taken by examining all laws and regulations related to the legal issue at hand conceptual approach it is an approach that studies the views and doctrines that develop in legal science. this approach is used to analyze the meaning, principles, norms or legal principles which can then be used as a legal basis in writing this thesis. source of legal materials sources of legal materials used in this research are primary and secondary legal materials, such as: primary legal materials in the form of related laws and regulations, namely: the 1945 constitution of the republic of indonesia criminal code (kuhp) law no. 11 of 2008 on electronic information and transactions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 law no. 22 of 2009 on road traffic and transportation government regulation number 80 of 2012 concerning procedures for inspecting motorized vehicles on the road and prosecuting traffic and road transportation violations (indonesia, 2004). secondary legal materials in the form of literature books related to e-tilang and scientific journals and electronic media that are in accordance with the legal issues discussed. 3. results and discussion rights and obligations of motor vehicle owners the state of indonesia already has a law on traffic and road transportation for the first time, namely through law no. 3 of 1965 concerning highway traffic and transportation. with the promulgation of this law, every motorized vehicle has the obligation to have complete documents in the form of a vehicle registration certificate (stnk) and a motor vehicle owner's book (bpkb). the word motorized vehicle means something that is used to be driven or ridden by using an engine (motor) to run it. meanwhile, according to law no. 14 of 1992 concerning highway traffic and transportation, the meaning of vehicle can be found in article 1 point (6), namely, one device that can move on the road consists of motorized and non-motorized vehicles. it is further explained in article 1 point (7) that a motorized vehicle is a vehicle driven by technical equipment located in that vehicle. in law no. 14 of 1992 requires every motorized vehicle on the road to be registered. this obligation is stated in article 14 paragraph 1, which states that every motorized vehicle operated on the road must be registered. as well as in article 14 paragraph (2) it is stated that, as proof of registration, proof of registration of a motor vehicle is given. motor vehicle owner rights rights are everything that must be obtained by every person who has existed since birth. in the indonesian dictionary, rights have the meaning of something that is true, property, possession, authority, power to do something (because it has been determined by laws, regulations, etc.), true power over something or to claim something, degree or dignity. as a vehicle owner, everyone has the right to do anything with the motorized vehicle as long as it does not change the shape and color of the motorized vehicle or it must match those on the stnk and bpkb of the motorized vehicle. in addition to the vehicle owner being able to do whatever he likes with his / her motorized vehicle, the owner should also be entitled to legal protection for what he has. sudikno mertokusumo stated that what is meant by law is the entire collection of various kinds of regulations or rules that exist in a common life. the whole of the rules about behavior that already apply in a common life, which can be enforced with a sanction. law contains a collection of rules or rules that are general and normative. general because it applies to everyone and is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 normative because it determines what should be done, what should not be done or what should be done and determines how to carry out obedience to the rules. so legal protection is an act that protects various legal subjects with the applicable laws and regulations and can be enforced by the existence of a sanction. that way, the owner of a motorized vehicle will be able to obtain legal protection as a legal subject, if the owner of the motorized vehicle has carried out the obligation to register his motor vehicle in accordance with the prevailing laws and regulations (law no. 14 of 1992). obligations of motor vehicle owners obligation is something that must be carried out, must (something that must be done). as owners of motorized vehicles, we are obliged to properly maintain and care for the condition of the motorized vehicle so that the condition of the motorized vehicle remains good and can be used and does not trouble us because if the motorized vehicle we have is damaged or cannot walk, it becomes difficult for us to move because our motorized vehicle has been damaged or the tire is flat so that it cannot run, eventually making it difficult for us as motorized vehicle owners. so legal protection is an act of protecting legal subjects with the applicable laws and regulations and can be enforced with a sanction. thus legal protection will be obtained by motorized vehicle owners as legal subjects, if they have fulfilled the obligation to register their motorized vehicle in accordance with statutory regulations. traffic the definition of traffic according to article 1 of law number 22 year 2009 concerning road traffic and transportation (uullaj) is defined as follows: movement of vehicles and people in road traffic spaces, as infrastructure used for moving a vehicle, person, and or an item in the form of a road with supporting facilities. according to muhammad ali, traffic is walking, back and forth, traveling on the road. ramdlon naning also describes or puts forward the notion of traffic, namely the movement of a group of people moving with a moving device or without a moving device from one place to another. meanwhile, according to poerwodarminto stated that the traffic is: 1. travel back and forth 2. subject about road trips and so on 3. relation between places based on the above definitions and definitions, it can be interpreted that traffic is anything that has a relationship with public road facilities as the main means for the goal to be achieved. traffic can also be interpreted as something that has a relationship between humans with a moving device or without a means of moving from one place to another by using the road as a space for movement. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 traffic violations the definition of traffic in relation to road traffic violations ramdlon naning explains or states that what is meant by road traffic violations is an act, action or activity that is contrary to the provisions of the existing regulations in traffic laws. the violation referred to above is a violation. as regulated in article 105 of law number 22 year 2009 which reads: 1. to behave in an orderly manner and / or 2. prevent anything that could obstruct, endanger the security or safety of traffic and road transportation or anything that could cause damage to roads in indonesia. to understand about traffic violations in more detail, it is necessary to explain in advance the meaning of the violation itself. in the criminal code (kuhp), criminal acts are divided into 2, the first is crime (misdrijve) and the second is violation (overtredingen). crime itself is regulated in the criminal code in book ii, namely crime. meanwhile, violations are regulated in book iii, namely on violations. in criminal law, there are two (2) views on the criteria for the division of crimes and offenses, namely qualitative and quantitative. according to a qualitative view, it is defined as an act or activity which is deemed or deemed a criminal act after the existence of a law regulating it as a criminal act. meanwhile, crime is recht delicten in nature, which means something that is viewed or judged as an act against justice, regardless of whether the act or activity is punishable by law or not. according to a qualitative view, is that there is or is there a threat of criminal offense that is lighter than the crime. if according to jm van bemmelen in his book "handen leer boek van het nederlandse strafrecht" states that the differences between the two groups of this crime (crime and offense) are not qualitative in nature, but only quantitative, namely crimes that are generally threatened with punitive penalties. slightly heavier than the offense and seems to be based on the more serious nature of the crime. according to wirjono prodjodikoro, the definition of violation is “overtreding” or violation means an act that violates something and is related to the law, meaning nothing other than an act against the law. from the various definitions of violations mentioned above, it can be interpreted that the elements of violations are: 1. there is an act that is against the law. 2. has legal consequences. from the various meanings above, it can be interpreted that a violation is an act, action or activity that is contrary to a provision of the legislation. actions or actions that are contrary to the provisions of this law are usually actions that in fulfilling the legal consequences are subject to sanctions in the form of administrative sanctions, fines or imprisonment. based on the definitions of traffic violations and the definition of traffic above, it can be interpreted that what is meant by traffic violations is an action or act committed by a person driving a public vehicle or motorized http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 vehicle and also a pedestrian that is contrary to a statutory regulation. -traffic legislation that already applies in that area. criminal liability by other parties criminal law is a legal rule regarding crime. the word "criminal" means something that is "convicted", is that the ruling institution is delegated to a person as something that feels bad and is also something that is not like everyday being transferred. according to muladi and barda nawawi arief, criminal is the suffering given to people for committing an act that fulfills certain conditions. meanwhile, roeslan saleh stated firmly that the punishment was a reaction to the offense, and this was in the form of a sorrow that the state deliberately gave to the offender. crime itself always has the following elements or characteristics: a. in essence, the crime itself is an imposition of suffering and other consequences that do not apply. b. criminal is given intentionally by an authorized body or person c. the punishment is imposed on a person who commits a crime based on law. criminal liability contains the principle of error, which is based on a monodualistic balance that the principle of guilt based on justice must be parallel to the principle of legality based on the value of certainty. although the principled concept is criminal liability based on error, in some cases it does not rule out the possibility of substitute and strict accountability. the problem of heresy, both heresy regarding the situation and heresy regarding the law according to the concept, is one of the reasons for forgiveness so that the perpetrator is not convicted unless his error should be blamed on him. criminal liability is a process, method or mechanism that determines whether a person (defendant or suspect) can be held accountable right for a criminal act that occurred or did not occur. to be able to convict the perpetrator, the requirement is that the criminal act committed fulfills the elements that have been determined in the law. criminal responsibility has the meaning or meaning that all people who have committed a criminal act or are against the law, as has been formulated in law, should be held accountable for their actions according to their mistakes. in other words, a person who has committed a criminal act will be held accountable for his act with a criminal if he / she has an error, someone has an error if when he commits an act, seen from the perspective of society, he shows a normative view of or about a mistake that person has committed. . criminal responsibility must pay attention to the fact that criminal law must also be used to create a harmonization of a just and prosperous society with material and spiritual equality. the criminal law is used to do one thing to prevent or to overcome an act that is not desired by many people. in addition, criminal law means must be used with negative sanctions and must pay attention to the costs and capabilities of the workforce of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 relevant institution, so that there should not be a problem such as an overload of duties (overbelasting) in carrying out it. from the explanation above, we can conclude that people who have done something wrong should be punished, which means that the vehicle owner is not responsible for what the other party does (asmuni et al., 2020). definition of e-ticket evidence of violation or commonly abbreviated as a ticket is a fine that has been imposed by the police on all road users who have violated the regulations. road users often violate the regulations that have been or have been stipulated by the traffic law law, are expected to be able to handle traffic problems. e-tilang or so-called electronic ticketing is a digitalization of the ticket process by utilizing a technology. it is hoped that the entire ticketing process will be more efficient and also more effective and also help the police in administrative management. the difference between the ticket and e-ticket system prior to the existence of the e-tilang mechanism, traffic users if they violated the rules were subject to a sanction which is commonly called a ticket or evidence of violation. the ticketing mechanism is different from the e-ticket mechanism. in the ticket system, when a road or traffic user is proven to have committed an error or violation so that the police officer will take several actions, the ticket mechanism for the red form is as follows: a. polri takes action against offenders using a red form. b. determination of the day for the trial must take into account the decisions of the court. c. explain when and where the offender must attend the hearing. d. if the offender is unable to attend, the national police is obliged to summon twice, if he does not come, then the 3rd time to make an arrest. e. the return of evidence awaits the completion of the trial and after the offender has paid a fine to the registrar. e-ticketing process flow the application of e-tilang has or has a strong legal basis, namely law number 11 of 2008 article 5, concerning electronic transactions and law number 22 of 2009 concerning road traffic and transportation. the e-ticket or electronic ticketing mechanism is by using an application that has been downloaded and must be in accordance with the user and password that is owned. the flow of the e-ticketing process includes: a. police take action against drivers who violate traffic. then the police enter the ticket data on the e-tilang application. offenders must provide correct data, in the form of ktp number, vehicle police number, and especially cellphone numbers, because the next process requires a valid cellphone number. at this stage, the police also determine which articles the driver violated. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 b. after being recorded, the offender will receive a notification for the ticket payment number. the notification is in the form of an sms, the content of which is to notify the ticket payment number and also the maximum penalty payment amount in accordance with the article being violated. payments can be made on any banking network. c. after paying, the offender can take the evidence that was confiscated, in the form of a sim, stnk, or vehicle, by showing proof of payment. d. if you do not wish to attend, the offender does not need to come to court because the officers can represent him. the consequence is that if you don't come, the offender cannot defend himself in court. offenders are welcome to court to defend themselves if they feel innocent. e. the violator will then receive an sms notification containing information on the verdict and the amount of the fine. there is also the amount of money left over from the maximum fine that has been previously paid. f. the remainder of the ticket penalty can be collected at the bank by showing an sms from korlantas or it can also be transferred to the offender's account. that's the flow or process of e-tilang. how to make payments for e-ticket violations the procedure for payment of electronic tickets or e-tilang is carried out according to the briva (bri virtual account) number listed so that for each violator the nominal number listed on briva is different. there were some violators who misunderstood the briva number they got, they thought that the number they got was a ticketing account number, resulting in confusion when processing the payment (rudianto & roesli, 2019). payment of the ticket fines can be made in various ways, namely through bri tellers, bri atms, bri mobile banking, bri internet banking, through ebc bri and also use atms from other banks. the advantages and disadvantages of e-tilang the advantages of e-tilang the application of e-tilang is an option that is quite effective that achieves the target (but not all) in the implementation of a ticket to traffic regulation offenders. however, not all people in indonesia are technology literate. there are still a lot of them who do not know about the existence of e-tilang, therefore there is a need for more equitable socialization to the community. it cannot be said that e-tilang is effective because the implementation of e-tilang in indonesia is still in the trial phase and from this trial there will be an evaluation for the improvement of the next e-tilang service. however, the choice to implement the system from e-tilang is considered very effective by taking advantage of advances in information and communication technology (yustianti & roesli, 2018). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 lack of e-ticket system among the advantages of the e-tilang system, there are drawbacks, namely that currently, e-tilang still has limitations. because this new service can only serve blue ticket slips. regarding information, the blue ticket can always be done by entrusting cash to the officer. however, to minimize the occurrence of illegal fees, the e-tilang system was implemented. because with this system, there are no more cash transactions between offenders and officers. the weakness of the e-tilang system is that if the person who violates the traffic regulations is not the owner of the vehicle but the vehicle is borrowed by the brother, borrowed from a friend or neighbor, in the end the vehicle owner does not want to pay a fine because it is not him who violates it but siblings. , his friend or neighbor who is borrowing a vehicle from the owner. this is a weakness that often occurs, but not many people know what the vehicle owner can do if the person who commits the violation is not the owner of the vehicle. definition of criminal sanctions criminal sanction is a punishment from cause and effect, because it is a case and the consequence is the law, every person who is affected by the consequences will get a penalty either going to jail or other punishment from the authorities. criminal sanctions are a type of sanction that is sorrowful in nature that is threatened or imposed on an act or perpetrator of a criminal act or criminal act that can interfere or endanger legal interests (wanda, 2020). the criminal sanction is basically a guarantor to carry out activities to rehabilitate the behavior of all the perpetrators of this crime, but it is not uncommon that the sanction from punishment is created as a threat to human freedom itself. criminal is suffering or sorrow that is deliberately inflicted on a person who commits an act that meets the elements of certain conditions, while roslan saleh emphasizes that punishment is a reaction to the offense, and this is a form of sorrow that the state deliberately bestows on the offender. criminal act according to p.a.f. lamintang: criminal action is the basic meaning in criminal law. criminal action is a juridical definition, different from the term evil deed or crime. in formal juridical terms, a crime is a form of behavior that violates the criminal law. therefore every act that is prohibited by law must be avoided and anyone who violates it will be subject to punishment. so everything and certain obligations which must be obeyed by all citizens of the state must be included in the law and all government regulations. a criminal act is an act of committing or not doing anything that has an element of wrongdoing as an act that is clearly prohibited and punishable by punishment, in which the imposition of a criminal sentence against the perpetrator is for the sake of maintaining legal order and ensuring the interests of the general public (asmuni et al., 2020). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 124 minor crime minor crime (tipiring) is a criminal act that is light or harmless in nature. minor criminal acts are not only in the form of violations but also include all minor crimes written in book ii of the criminal code which consist of, light animal abuse, light humiliation, light maltreatment, light theft, light embezzlement, light fraud. , light damaging, and light bracing. this is a feature of the indonesian criminal code, which is a legacy of the dutch east indies criminal code. even though the dutch east indies criminal code is based on the dutch criminal code, the division of forms of ordinary and minor crimes originating from the netherlands indies itself and then adopted into the indonesian criminal code. crime and offense are different. regulations regarding crimes and violations are placed in different places in the criminal code. basically, the criminal code consists of 569 articles divided into three books, namely: book i: general provisions articles 1103. book ii: crime chapters 104-448. book iii: violations articles articles 449 569. " as we have known so far, the dutch east indies criminal code which has been adopted into the indonesian criminal code recognizes minor crimes, but the netherlands itself does not recognize this institution. however, along with the development of an era, minor criminal institutions are increasingly being questioned. utrecht in his book "hukum pidana 1" uses the term light crime as the equivalent of the word lichte misdrijven in dutch or minor crime or which in this paper uses the term minor crime (yustisia, 2016). the definition of minor criminal offenses will be difficult to find in the criminal code, a fairly understandable definition of minor crimes can be found in the criminal code as the provisions of the formal criminal law of the criminal code. article 205 paragraph (1) of the criminal procedure code which regulates the provisions of the quick procedure examination states that: "what is examined according to the minor criminal offense examination procedure is a case which is punishable by imprisonment or imprisonment of a maximum of three months and or a maximum fine of seven thousand five hundred rupiahs. and minor insults except as provided for in paragraph 2 of this section ”. from the sound of the article, a conclusion can be drawn regarding the definition of a minor crime, namely a case which carries a maximum imprisonment or imprisonment of three months and / or a maximum fine of seven thousand and five hundred rupiahs. if traced further the articles contained in the criminal code, there are at least nine articles that are classified as minor criminal acts, namely article 302 paragraph (1) regarding light abuse of animals, article 352 paragraph (1) regarding light maltreatment, article 364 concerning petty theft, article 373 regarding light embezzlement, article 379 regarding minor fraud, article 384 concerning fraud in sales, article 407 paragraph (1) concerning destruction of goods, article 482 concerning light detention, and article 315 concerning light insult. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 125 efforts made in e-tilang definition of effort in the big indonesian dictionary (kbbi) effort is effort and effort (to achieve a goal, solve a problem, find a way out, effort). poerwadarminta explained that effort is an attempt that aims to convey a purpose, reason and summary. peter salim and yeni salim also said that effort is “a part that is done by the teacher or a part of the most important task that must be done. based on the above understanding, it can be explained that effort is part of the role that must be performed by a person to achieve certain goals. in this study, the emphasis is on how the vehicle owner's business is in an effort to defend himself or herself for traffic violations (e-tilang) committed by other parties. 4. conclusion based on the results of the author's research, it can be concluded that the vehicle owner is not responsible for any violations or actions that have been committed by other parties, because whoever is guilty of that person is punished. efforts that can be made by vehicle owners with etilang are, everyone who gets the letter can go to the post to provide real confirmation. they were given 15 days to come. if indeed the person concerned violates, he will immediately be given a ticket. reference asmuni, a., hasibuan, p., & maswandi, m. (2020). criminal law study behind the polyandri marriage in indonesia. international journal for innovative research in multidisciplinary field, 6(9), 110–114. bunga, d. (2019). politik hukum pidana terhadap penanggulangan cybercrime. jurnal legislasi indonesia, 16(1), 1–15. gunawan, h. (2020). tindak kejahatan cyber crime dalam perspektif fikih jinayah. jurnal elqanuniy: jurnal ilmu-ilmu kesyariahan dan pranata sosial, 6(1), 96–110. indonesia, s. n. r. (2004). undang-undang republik indonesia nomor 34 tahun 2004 tentang tentara nasional indonesia. lembaran ri tahun, 34. junef, m. (2017). perilaku masyarakat terhadap operasi bukti pelanggaran (tilang) dalam berlalu lintas. e-journal widya yustisia, 1(1), 52–60. pusat data dan sarana informatika kementerian komunikasi dan informatika. (2013). laporan potret belanja online di indonesia. pusat data dan sarana informatika kementerian komunikasi dan informatika. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 126 setiyanto, s., gunarto, g., & wahyuningsih, s. e. (2017). efektivitas penerapan sanksi denda etilang bagi pelanggar lalu lintas berdasarkan undang-undang nomor 22 tahun 2009 tentang lalu lintas dan angkutan jalan (studi di polres rembang). jurnal hukum khaira ummah, 12(4), 742–766. wanda, a. n. (2020). pertanggungjawaban tindak pidana perbankan terkait dengan informasi kerahasiaan bank. indonesian journal of criminal law, 2(1), 1–14. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yustisia, t. v. (2016). kuhp: kitab undang-undang hukum pidana. visimedia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 default settlement on unsecured loans kuntri selvilia lidya sari 1 , tutiek retnowati 1 1 faculty of law, narotama university surabaya e-mail: lidyasari60@gmail.com abstract economic development is the most important part of national development goals, such as the 1945 constitution (after amendments) in the fourth paragraph, namely: protecting the entire nation to promote general welfare, educating the nation's life and participating in carrying out world order. the aim is to find out and analyze the legal consequences arising from default from a credit agreement without collateral and to know and analyze so that the settlement of default from an unsecured credit agreement is carried out by the debtor. the research method used is normative law (normative juridical) and analysis of laws and regulations, jurisprudence, contracts and legal literature. the result of the research is the position of guarantee in providing credit by the bank as the creditor to the debtor, which is an absolute requirement with the aim of having legal certainty which has been expressly regulated in the credit agreement. legal remedies that arise if credit is given without any guarantee from the customer (debtor) is that the bank is in its position as a concurrent creditor on a par with other creditors in terms of paying off credit debts, so that they have to compete with other creditors in paying off credit debts. because it does not keywords: debtor, default, unsecured credit 1. introduction protecting the entire nation to promote public welfare, educate the nation's life and participate in carrying out world order (mundy, 1999). from a fragment of the preamble to the 1945 constitution (after the amendment) it is clear that the goal of national development is one form of achieving a just and prosperous society based on pancasila and the 1945 constitution (after the amendment). in order to support and maintain sustainable development, various parties involved in development, both the government and the community as individuals and legal entities, really need financing in very large amounts. one of the means of institutions that have a role in financing or providing capital is banking institutions (osmańczyk, 2003). the definition of a bank as stated in the law on amendments to the law on banking, states that: "in order to maintain the existence of banking institutions in carrying out their business activities, all financial institutions, especially banking institutions, need to understand the principle of prudence in carrying out their business activities (omarova & tahyar, 2011). the description of the credit agreement is a consensual agreement between the debtor and the creditor that results in a debt-receivable relationship, where the debtor is obliged to repay the loan that has been given by the creditor based on the terms and conditions that have been agreed upon by the parties (johnson & rice, 2008). unsecured credit loans must meet the legal requirements of the agreement contained in article 1320 of the civil code, namely (perwitasari, 2018): 1. agree for the parties to bind themselves in the agreement http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 the unsecured credit agreement is based on an agreement between the two parties between the creditor and debtor. 2. proficient in making agreements competence in making agreements or not under supervision or because of the law it is not prohibited to make agreements. 3. a certain thing in an agreement is the object of agreement achievement. a credit agreement is an agreement between a creditor and a debtor that is carried out in a clear manner, carried out with clear processes and procedures. 4. a lawful cause the purpose of the agreement from the principle of providing credit can be a credit analysis, in order to be able to create or build a trust from the bank to the customer who will enter into a credit agreement with the bank. however, banks offer various facilities to the public to get credit or loans. in its development, this facility gave birth to products from credit that no longer require collateral as a condition for granting credit. products issued by banks are commonly referred to as unsecured loans (kta) or in other words called unsecured loans. unsecured credit is a banking product that provides loan benefits without any collateral being used as collateral for the loan. unsecured loans are loans that are given without being followed by any collateral, both movable and immovable objects and because there is no guarantee given by the debtor, the decision to approve the granting of credit is decided based on the prospect of interpreting the ability of the debtor and the track record of the prospective debtor personally or in other terms, it is based on the ability of the borrower to carry out the agreed-upon maturity payments. with unsecured credit, of course, it will make it easier for debtors to get loan credit but do not have collateral to guarantee. because the loan is given only based on the ability of the debtor without any collateral in it, interest is given. unsecured credit provided by the bank actually provides convenience for the community because in providing credit it does not require a condition for the existence of a collateral, but on the other hand it raises the problem of providing a very high risk for the bank. based on the relation regarding the importance of a guarantee by the creditor, that is, the granting of credit is nothing but an effort to minimize the risk that the grace period for repayment and repayment of the credit will arise. the existence of credit guarantees is a requirement in order to minimize unwanted things in providing credit. if, the investment being financed fails or is not in accordance with the original calculation or interpretation. then this happens, the bank will be harmed because the costs distributed have the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 opportunity to be non-refundable by the debtor and the bank will have difficulty covering losses on the loans distributed that collateral has the following : usesget repayment from (default) i.e. repay the debt at the due date specified in the agreement; 2. guarantee credit transactions to finance their business, the project can harm oneself or the company can be minimized or at least the possibility of having bad faith can be overcome; 3. provide encouragement to the debtor to fulfill his promise regarding repayment in accordance with the agreed terms so that the debtor and/or third parties who participate in guaranteeing do not lose their assets that have been pledged to the bank. default clause is an important thing to be included in an agreement. as r. subekti describes the meaning of the word default as follows: "if the debtor (the debtor) does not do what he did, that he is in default, which is caused by negligence or breach of contract. or he violates the agreement, he should not do it. 2. research method the research method used is normative law (juridical normative) and analysis of laws and regulations, jurisprudence, contracts and legal literature. is a statutory approach. on the other hand, the approach used is a conceptual approach. this study uses the basis of analysis of laws and regulations, court decisions, contracts or several legal documents. 3. results and discussion settlement efforts made by creditors against unsecured credit default debtors through litigation in applying unsecured credit (kta) there is no match between theory and practice in the field, usually caused by a situation that makes the creditor and the credit recipient commits an act that is not in accordance with the contents of the agreed agreement. article 1131 of the civil code regulates and discusses this issue (bolton & oehmke, 2011). 1. if, based on this article, this article can provide knowledge to the debtor party who breaks his promise or defaults, so information does not need to be provided from the first time the agreement is made by both parties. the agreement between the parties, the debtor in this case is certainly very disadvantaged. every violation and non-fulfillment of an achievement in the agreed agreement will definitely result in loss for one party. therefore, the debtor who violates the agreed agreement or breaks the promise will receive legal consequences which include: the debtor is required to pay compensation suffered by the creditor (article 1243 of the civil code) (butler, 2007). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 2. the cancellation of the agreement is accompanied by payment of compensation (article 1267 of the civil code). 3. the transfer of risk to the debtor from the time the default occurs (article 1237 paragraph (2) of the civil code). 4. payment of court fees if brought before a judge (article 181 paragraph (1) hir. if the debtor does not carry out the obligations that should be carried out or does not carry it out at all, it will have legal consequences for him and can be sued before a judge. apart from legal consequences from the debtor those who do not carry out their obligations can also be sued by the bank for compensation for losses suffered by them as has been explained in article 1236 of the civil code and article 1243 of the civil code (ramadhani, 2020). so, it can be said that unsecured loans because the creditor cannot decide what the loan is, it can apply provisions regarding the debtor's assets that he owns as collateral for a mandatory loan (debt) paid by him, as stated in article 1131 of the civil code (gordley, 1994). if, referring to law number 8 of 1999 concerning consumer protection, then of course the above problem does not occur, because in in chapter v article 1 8 of law number 8 of 1999, it regulates matters regarding the inclusion of standard clauses. more precisely in article 18 paragraph (1) letter g, it states that consumers must obey and be subject to new rules made unilaterally by business actors because of the benefits of the services of the bank. law number 8 of 1999 concerning consumer protection article 4 the first part of 1999 number 42 tln 382 of the provisions shows that the consumer is harmed. losses in the civil code can be sourced from defaults and acts against the law. losses due to default is an event in which one of the parties does not carry out a good performance, does not fulfill his performance at all, fulfills the achievement but not as it should, fulfills the achievement but is not on time or fulfills the achievement but does what is prohibited in the agreement. the parties can choose the dispute resolution to be used. article 1266 of the civil code states that the conditions for cancellation are considered always included in a reciprocal agreement, if one of the parties does not fulfill its obligations (zulkarnain, 2021). the provisions of the article are very important to remind the parties in this case the creditors and debtors who make an agreement in resolving the problem that the agreement must be carried out consistently by the parties. article 1851 to article 1864 of the civil code concerning peace, which states that peace is an agreement, therefore a peace agreement is valid if it is made to fulfill the conditions for a valid agreement to be made in writing. reconciliation can be done inside the court or outside the court. settlement of disputes by non-litigation, peace is made outside the court which is more emphasized, namely how legal disputes can be resolved by way of peace outside the court and that peace has the power to be carried out by both parties to the dispute in this case. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 losses caused by default can be requested for compensation as contained in article 1243 of the civil code, compensation consists of: loss costs and interest. article 1246 of the civil code also mentions compensation consisting of: actual losses suffered and interest or expected profits, while losses due to unlawful acts as in the explanation in article 1365 of the civil code, it is stated that "every act that violates the law and brings losses on another person, obliges the person who caused it because of his fault to compensate for the loss (gegen, 2021). in the lawsuit against the law there is no clear regulation regarding the compensation. however, as regulated in article 1371 paragraph (2) of the civil code, it states that: "this compensation is assessed according to the position and ability of both parties and the circumstances". losses that occur due to hidden defects are losses that are included in default if they are bound by an agreement and if not, the consumer can sue based on an unlawful act. if, the engagement is born from a reciprocal engagement, the creditor can free himself from his obligation to provide counter-achievements by using article 1266 of the civil code. in addition to the debtor having to bear the foregoing, what the creditor can do in dealing with a debtor who is in default there are five possibilities as follows article 1276 of the civil code: 1. comply with carrying out the agreement. 2. fulfilling the agreement accompanied by the obligation to pay compensation. 3. pay compensation. 4. canceling the agreement, and 5. canceling the agreement with compensation. however, in addition to the above, it is also necessary to remember the provisions of article 1266 of the civil code which contains: "the conditions for cancellation are considered to be always included in a reciprocal agreement when one of the parties does not fulfill its obligations. in such case the agreement is not null and void, but the cancellation must be requested from the judge. this request must also be made even though the void conditions regarding nonfulfillment of the agreement are stated in the agreement. if the conditions for cancellation are not requested in the agreement, the judge is free to according to the circumstances at the request of the defendant to give a period of time to still fulfill his obligations, but the period cannot be more than one month. the provisions of the above article are related to consumer protection, therefore it can be seen that the cancellation of the agreement cannot be canceled unilaterally, but a cancellation is requested to the court. thus we have to sue for default or breaking promises (grose, 2010). settlement efforts made by creditors against unsecured credit default debtors through litigation and non-litigation pathways a. settlement through the restructuring path http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 if there are non-performing loans, the bank must identify the problem and carry out the strategic analysis needed to determine the appropriate steps in resolving the non-performing loans based on bank indonesia regulations, financial services authority regulations and bank internal policies. settlement of non-performing loans can be done in two ways, namely: b. credit restructuring according to bank indonesia regulation number 7/2/pbi/2005 concerning asset quality assessment for commercial banks, that as an effort to minimize potential losses from nonperforming debtors, banks may conduct credit restructuring for debtors who still have business prospects and the ability to repay. credit restructuring efforts are efforts to save nonperforming loans which include efforts (defryanti muchlis & suganda, n.d.): rescheduling, which means changing the debtor's payment schedule or time period. rescheduling is an effort to make changes to several terms of credit agreements relating to the repayment schedule/credit period including grace period, including changes in the amount of installments. if necessary with additional credit. rescheduling is carried out if the debtor is unable to pay off the credit installments that have matured, but from the evaluation results the bank knows that the prospect of the debtor's financial condition in the future is not worrying. the time for extending the due date by rescheduling credit repayment should not be too long. this is due to the extension of the maturity date of credit repayment which is too long by reducing the seriousness of handling non-performing loans. restructuring terms mean part or all of the credit terms, which are not limited to changes in payment schedules, terms, and other terms. provisions for credit restructuring were issued on november 12, 1998, by decree of bank indonesia number 31/150/kep/dir. this decree was later amended by bank indonesia regulation number 2/15/pbi/2000 dated june 12, 2000, where the amendment was only in one article, namely article 12 paragraph (1) letter b. then the provisions regarding restructuring were confirmed in bank indonesia regulation no. 7/2/pbi/2005 as amended by bank indonesia regulation number 8/2/pbi/2006 concerning asset quality assessment of commercial banks, it is stated that credit restructuring is an effort made by banks in credit business activities so that debtors can fulfill their obligations (sujana, n.d.). in addition, bank indonesia has stipulated provisions regarding the obligations of commercial banks to own and implement bank credit policies based on the guidelines for formulating bank credit policies in the decree of the director of bi number 27/162/kep/dir dated march 31, 1995 (dianto et al., 2020). based on the decree of the director of bank indonesia, commercial banks are required to have a written credit policy approved by 4 (four) bank's board of commissioners, which at least contains and regulates the following main matters: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 1.prudential principles in credit. 2.organization and management of credit. 3. policy on credit approval. 4. documentation and administration of credit. 5. credit monitoring. 6. settlement of non-performing loans. the said bank credit policy must be submitted to bank indonesia. in the implementation of lending and credit management, banks are required to comply with bank credit policies that have been formulated consistently and consistently from these provisions. guidelines for daily credit. banks are also required to have rules regarding the settlement of non-performing loans and are carried out in accordance with applicable regulations and procedures. one of them is written policies and procedures regarding credit restructuring. reconditioning means changes in credit terms involving adding credit facilities and converting all or part of arrears in interest installments into new principal installments, which can be accompanied by rescheduling and/or reconditioning. reconditioning is an attempt by the bank to save the credit it provides by changing some or all of the conditions (requirements) that were originally agreed upon by the debtor and the bank which are then set forth in the credit agreement. these changes are not limited to changes in the installment schedule and/or credit terms, but changes in credit without providing additional credit or converting all or part of the credit into company equity. the forms of reconditioning can be: a. changes in interest rates. b. changes in the calculation procedure. c. changes in interest arrears relief. d. grant relief of fines. e. granting of fee or fee waivers. f. changes in the customer's company's capital structure. g. banks participate in customer capital. restructuring efforts, for example, by extending the credit period, providing a grace period for payment, reducing loan interest rates and so on. credit restructuring can be granted if the customer has good intentions. customers with good intentions in resolving non-performing loans can be measured by their willingness and ability to pay from the form of customer behavior, including: 1. the customer is willing to be invited to discuss in order to settle his credit. 2. the customer is willing to provide correct financial data. 3. the customer gives permission to the bank to check the financial statements. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 4. the customer is willing to participate in the non-performing loan rescue program and carry out the steps given by the bank. credit restructuring efforts are improvement efforts made by banks in credit activities for debtors who have difficulty fulfilling their obligations, which are carried out through: 1. reducing loan interest rates; 2. extension of credit period; 3. reduction of loan interest arrears; 4. reduction of loan principal arrears; 5. addition of credit facilities; and/or 6. credit conversion into temporary equity participation. banks are prohibited from conducting credit restructuring for the sole purpose of: a. improve credit quality; or b. avoid increasing the formation of ppap, regardless of the debtor's criteria. efforts to resolve disputes through non-litigation channels. the civil code is divided into several types, namely: arbitration, consultation (negotiation), mediation, and consolidation. regulations that can be used as legal basis are pbi no.8/5/pbi/2006 concerning banking mediation, law number 30/1999 concerning arbitration and alternative dispute resolution, pbi no. 7/7/pbi/2005 concerning settlement of customer complaints. legal protection for creditors (banks) and debtors as customers protection of banks as creditors legal protection in banking transactions is something that should be put forward so that the interests of the parties can be protected. the form of legal protection is basically an effort to enforce the law. given that the provision of kta is carried out without collateral (physical collateral), it is very necessary for banks to protect against possible risks, such as bad loans. as mandated in article 2 of the bank indonesia regulation, that banks are required to apply know your customer principles, standard chartered bank has implemented this principle with the know your customer (kyc) kyc checklist form. in addition, scb also conducts training for sales regarding correct form filling, and its overall application. according to m. ali fauzi (agency unit manager at pt. arya surya perdana), the objectives of kyc include: 1. preventing banks and sales from being involved in money laundering and fraud. 2. to be able to offer products and features that suit their needs. 3. comply with bank indonesia regulations. 4. maintain the reputation and good name of scb. at scb there is also a special division related to the application of know your customer principles, namely the service support unit (ssu) which is in charge of checking and analyzing potential customers, whether or not they are eligible to receive kta. from the information in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 kyc form, re-verification is carried out to check the correctness of the data from the prospective customer, the bank also applies the sc principle (in this case the 4c principle) before granting credit, namely: 1. character (the characteristics of the prospective debtor). 2. capital (capital). 3. capacity (ability). 4. condition of economy (economic condition). collateral requirements are not absolute in the event that the bank already has a credit guarantee, namely the bank's confidence in the debtor's ability to repay the loan in accordance with the agreement. in addition, the 4p principles are also applied which include: 1. personality (debtor's personality). 2. purpose (the purpose of using credit). 3. prospects (future of the debtor's business). 4. payment (the method of payment). the kta agreement also contains a series of clauses, most of which are an effort to protect creditors in granting credit. clauses are a series of requirements formulated in an effort to provide credit from the financial and legal aspects. from the financial aspect, the clause protects the creditor in order to be able to demand or withdraw funds that have been given to the debtor customer in a favorable position for the creditor if the condition of the debtor customer is not in accordance with the agreement. meanwhile, from the legal aspect, the clause is a suggestion for law enforcement so that the customer the debtor can comply with the substance that has been agreed in the credit agreement. protection of customers as debtors legal protection for debtor customers in transacting with banks has not yet been given an adequate place. law number 10 of 1998 concerning amendments to law number 7 of 1992 concerning banking does not directly regulate protection for customers. chapter v regulates the development and supervision of banks. these provisions are: 1. article 29 paragraph (1): bank indonesia is fostering and supervising banks. 2. article 29 paragraph (2): banks are required to maintain the soundness of banks in accordance with the provisions on capital adequacy, asset quality, management quality, liquidity, profitability, solvency and other aspects related to bank business and are required to conduct business activities in accordance with prudential principles. . 3. article 29 paragraph (3): in providing credit or financing based on sharia principles and conducting other business activities, banks are required to take methods that do not harm the bank and the interests of customers who entrust their funds to the bank. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 4. article 29 paragraph (4): for the interest of customers, banks are required to provide information regarding the possibility of risk of loss in connection with customer transactions conducted through the bank. legal protection for debtor customers is also contained in law number 8 of 1999 concerning consumer protection, considering that customers are final consumers. in article 18 paragraph (1) of this law, it is regulated regarding the prohibition of the inclusion of standard clauses in every document and/or agreement if: 1. the transfer of responsibility of the business actor (article 18 paragraph (1) letter (a). declarefrom consumers to business actors either directly or indirectly to take unilateral actions related to goods purchased by consumers in installments (article 18 paragraph (1) letter d) . attorney, continuation and/or follow-up changes made unilaterally by business actors when consumers use the services they buy business actors are prohibited from including standard clauses whose location and shape are difficult to see or cannot be read clearly, or whose disclosures are difficult to understand 36 any standard clauses that has been determined by the business actor in the document or agreement that meets the provisions as referred to in paragraph (1 ) and paragraph (2) is declared null and void." business actors are required to adjust standard clauses that are contrary to law number 8 of 1999 concerning consumer protection. bank indonesia also issued regulations concerning legal protection for debtor customers, including: 1. bank indonesia regulation number 7/6/pbi/2005 concerning transparency of bank product information and personal use of customers. 2. decree of the board of directors of bank indonesia number 27/1120 kep/dir dated january 25, 1995 concerning procedures for exchanging information between banks. 3. decision of the board of directors of bank indonesia number 28/37 kep/dir dated july 10, 1995 concerning information on commercial bank debtors. in the implementation of this regulation, prospective consumers (customers) should use the rights as regulated in law number 8 of 1999 concerning consumer protection, so that they can better protect themselves as well as from losses due to ambiguity and incomplete information. in relation to the principle of freedom of contract in the making of a kta agreement, restrictions are also regulated, including: 1. restrictions from the government and statutory regulations. 2. restriction of decency and public order. 3. restriction of defects in will. in the draft law on banking credit, there are efforts to provide protection for debtor customers, including: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 1. prohibition for banks from including clauses in credit agreements that require credit applicants or debtors to comply with conditions that will be determined later, except for the following: -things that are expressly stated in the act. 2. the obligation for the creditor to notify the debtor in writing if the creditor for certain reasons must increase the agreed interest rate. 3. the obligation of the creditor to periodically provide information to the debtor regarding the mutation of the credit account, either with or without the request of the debtor. 4. conclusion the position of guarantee in granting credit by the bank as creditor to the debtor, which is an absolute requirement with the aim of providing legal certainty which has been expressly regulated in the credit agreement. this is because the guarantee is very important for the bank to ward off the risks that may arise in the future as a result of providing credit by the bank to the debtor. the legal consequences for the bank as creditor if the credit is given without collateral contains a greater risk so that the legal consequences apply that all debtor's assets, both movable and immovable, that already exist or will exist in the future, all become guarantees for the fulfillment of debt payments. legal remedies that arise when credit is given without any guarantee from the customer (debtor) is that the bank is in its position as a concurrent creditor on a par with other creditors in terms of repaying credit debts, so that they must compete with other creditors in paying off credit debts. because they do not have preference rights, credit debt can occur. because they do not have preference rights, it can happen that credit debts are not paid in full to the bank, because the bank has to share with other creditors in terms of paying off debts from customers (debtors). upaya penyelesaiannya yang dilaksanakan melalui non litigasi yaitu: melalui jalur mediasi, konsiliasi, konsiliasi, arbitrase dan penyelesaian secara penjadwalan kembali (rescheduling), persyaratan kembali (reconditioning) dan penataan kembali (restructuring). refrences bolton, p., & oehmke, m. (2011). credit default swaps and the empty creditor problem. the review of financial studies, 24(8), 2617–2655. butler, w. e. (2007). civil code of the russian federation. ооо «юринфор-пресс». defryanti muchlis, a., & suganda, a. (n.d.). restructuring of banking credit as a safety efforts to improve credits that are made in notary. dianto, e., anwar, s., husnawati, h., & zurnalis, z. (2020). bni marketing strategy for credit cards in dealing global competition in state bank indonesia (persero) tbk banda aceh http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 branch office. budapest international research and critics institute-journal (bircijournal), 1134–1146. gegen, g. (2021). legal aspects in the process of damages in civil courts. legal brief, 11(1), 98–105. gordley, j. (1994). myths of the french civil code. the american journal of comparative law, 42(3), 459–505. grose, c. (2010). of victims, villains and fairy godmothers: regnant tales of predatory lending. neulj, 2, 71. johnson, c. a., & rice, t. (2008). assessing a decade of interstate bank branching. wash. & lee l. rev., 65, 73. mundy, k. (1999). educational multilateralism in a changing world order: unesco and the limits of the possible. international journal of educational development, 19(1), 27–52. omarova, s. t., & tahyar, m. e. (2011). that which we call a bank: revisiting the history of bank holding company regulations in the united states. rev. banking & fin. l., 31, 113. osmańczyk, e. j. (2003). encyclopedia of the united nations and international agreements: t to z (vol. 4). taylor & francis. perwitasari, d. (2018). legal certification in electronic credit agreement. j. priv. & com. l., 2, 125. ramadhani, r. (2020). legal consequences of transfer of home ownership loans without creditors’ permission. international journal reglement & society (ijrs), 1(2), 31–37. sujana, i. n. (n.d.). [turnitin] implementation of credit restructuring provisions for debtors of non-performing loans in bank credits. zulkarnain, n. j. r. (2021). problems and dispute resolution of hongkong market development and management cooperation. legal brief, 10(2), 304–313. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 285 cancellation of the marriage agreement dedicated after the marriage is conducted habib adjie, benny aji prasetyo faculty of law, narotama university surabaya e-mail: bennyajiprasetyo86@gmail.com abstract marriage aims to form a happy, eternal, and conscious family without pressure. from a marital relationship, rights and obligations, including property, are regulated in the marriage law. for certain couples, marital property needs to be separated and a special agreement is made that regulates the separation of assets and obligations of both partners. in the case that it was found that there was a couple who made a separation agreement made after the marriage took place, there is a fact that the agreement was requested to be canceled for various reasons from the plaintiff. with these facts, the purpose of this study is to examine the legal aspects of the cancellation of the marriage agreement made after the marriage took place. this research method used a normative juridical method with a conceptual approach and legislation. the conclusion of this study is that marriage is a form of relationship between a man and a woman with the aim of forming a family, that it is undeniable that marriages are carried out between indonesian citizens and foreigners and this is that there are legal differences that apply to men and women in mixed marriages because of differences in nationality. . in mixed marriages, there will be things regarding property that are different from marriages between indonesian citizens and indonesian citizens. the marriage agreement made by the couple before the marriage can be in the form of an authentic deed made before a notary as a public official, if the marriage agreement is made after the marriage it will result in null and void. keywords: marriage agreement, notary, mixed marriage 1. introduction marriage is an important event in every human's life. marriage that occurs between a man and a woman will create physical and spiritual bonds between them, to the community and also their relationship with the assets obtained between them both before, during and after the marriage takes place. in indonesia, the rules regarding marriage are not only influenced by local customs, but are also influenced by various religious teachings, such as hinduism, buddhism, christianity and islam. the existence of various influences in the community resulted in the occurrence of many rules governing marital problems. differences in the way marriage is carried out as an influence of marital arrangements, have consequences on the way of life of kinship, kinship, and one's wealth in social life (hilman hadikusuma, indonesian marriage law, according to customary law and religious law, 2003). still valid are those relating to the arrangement of property in marriage. this arrangement has undergone significant development and has become a discourse of debate in the reform of indonesia's national law. when discussing the issue of property in marriage, basically the assets obtained during the marriage become one, become joint property. after the enactment of law number 1 of 1974 concerning marriage, the marriage agreement is regulated in article 29, which stipulates: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 286 1. at or before the marriage takes place, both parties with mutual consent can enter into a written agreement which is legalized by the marriage registrar, after which the contents also applies to third parties as long as the third party is involved. 2. the agreement cannot be ratified if it violates the boundaries of law, religion and morality. 3. the agreement is valid since the marriage took place. marriage agreements made after marriage are often carried out by several couples, in practice there are legal problems, namely the marriage law has not regulated the legal basis for making marriage agreements made after the marriage takes place, this is found in the case of a lawsuit for the cancellation of the marriage agreement as in the south jakarta district court decision. no. 526/pdt/g/2012/pn.jkt.sel, with the lawsuit that denis antony is against yeane which is that the plaintiff is an australian citizen, passport holder. that the plaintiff and the defendant got married in melbourne, australia as stated in the certificate of marriage dated 18 may 2002. that on 29 april 2003, the plaintiff and the defendant signed the marriage agreement as stated in the deed number 44 dated 29 april 2003 concerning the copy of the marriage agreement outside of each assets partnership, before co-defendant i / notary. whereas according to the plaintiff the marriage agreement violated the notary position law because it was not officially translated so that the plaintiff did not understand what the deed contained. the case is interesting to be investigated further in this legal research. 2. research methods type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced (peter mahmud marzuki, legal research, 2011). the researcher uses a normative type of research because this research is to find coherence, namely whether there are legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether someone's actions are in accordance with legal norms or legal principles (peter mahmud marzuki, legal research revised edition, 2014) as this research is to find. in this study, the researchers used three problem approach methods, namely, the statutory approach, the conceptual approach. the statutory approach is carried out by reviewing all laws and regulations related to the legal issues being handled. the conceptual approach departs from the views and doctrines that develop in the science of law. studying the views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, it will be possible to find the ratio of making a marriage agreement and its legal consequences for the couple. the formulation of the problem will http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 287 then be analyzed with pre-existing concepts and theories. in this study, theories and concepts are used. in this study, researchers used legal sources, including: a. primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. primary laws that will be used in this research include ; b. secondary legal materials are all publications on law that are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and commentaries on court decisions. in this study, the secondary legal materials used include books in the field of law, papers, articles, and theses. 3. results and discussion the concept of marriage marriage is the behavior of creatures created by god almighty in order to always reproduce. (imam al ghozali, revealing the nature of marriage, 1995) legal marriages make the association of men and women happen in an honorable manner according to the position of humans as honorable creatures. with a legal marriage gives clean offspring, making a healthy and good generation. children/offspring of legal marriages always adorn family life and at the same time constitute human survival in a clean and respectful manner (ahmad azhar basyir, islamic marriage law, 2000) as a country based on pancasila, where the first precept is belief in one god, then marriage has a very close relationship with religion / spirituality, but the inner / spiritual element also has an important role. forming a happy family with close relationships with descendants, which is also the purpose of marriage, maintenance and education are the rights and obligations of parents (cst kansil, introduction to indonesian law and legal administration, 1989). article 26 of the civil code (bw) states that the law views marriage only in civil relationships. this means that bw only recognizes civil marriages, i.e. legal marriages are marriages that meet the requirements as determined by bw, so that they are independent of the regulations held by a particular religion. article 1 marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the one supreme godhead. article 2 (1) marriage is legal if it is carried out according to the law of each religion and belief. (2) each marriage is recorded according to the prevailing laws and regulations. marriage law as contained in the marriage law and the compilation of islamic law adheres to the permissibility of polygamy, although it is limited to only four wives. polygamy is marriage http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 288 between a man and several women. islam allows polygamy, but prohibits polyandry, namely marriage between a woman and several men (sudarsono law, national family, 1991). uuup mentions the age limit for marriage as in article 7, namely: (1) marriage is only permitted if the man has reached the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. mixed marriages between indonesian citizens and foreign citizens mixed marriages are marriages between a man and a woman, which in indonesia are subject to different laws due to differences in nationality and one of the parties is an indonesian citizen. mixed marriages are regulated in the marriage law, namely article 57 to article 62. the definition of mixed marriage is contained in article 57 of law number 1 of 1974 concerning marriage. based on the formulation of the article, the elements of mixed marriage can be described as follows: a. marriage between a man and a woman this element explains that mixed marriages are monogamous marriages. b. that the difference in law that applies to men and women who have mixed marriages is not due to differences in religion, ethnicity, and class in indonesia, but because of nationality c. one of the parties to a mixed marriage must be a foreign citizen. d. one of the parties is an indonesian citizen. this element emphasizes that the male or female parties in mixed marriages must be indonesian citizens. article 2 of the uup stipulates that a marriage is valid if it is carried out according to their respective religions and beliefs, this article is only used by marriages of fellow indonesian citizens, it is not appropriate if it is used in mixed marriages. because marriages held abroad are not carried out based on religious law as referred to in article 2 of the uup, the state will apply the lex fori procedure of the state organizing the marriage in question. a country that has sovereignty and has a legal system that is different from other countries as its national law, and for local judges it is called lex fori. on the other hand, if a mixed marriage is held in indonesia, of course, the marriage follows the existing marriage procedures in indonesia in accordance with the uuup. marriage, it must be followed by both internal and mixed marriages so that the marriage is valid. this is in line with the rule of locus regit actum, that the form of legal action is controlled by the law of the country where the act is carried out. article 61 (1) states that mixed marriages are recorded by an authorized registrar. then in paragraph (2) that whoever carries out a mixed marriage without first showing the authorized registrar the certificate or decision to substitute the information referred to in article 60 paragraph (4) of this law shall be punished with imprisonment for a maximum of 1 (one) year. ) month. from the description above, mixed marriages cause legal relations and legal consequences, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 289 including regarding their citizenship status and also regarding the formation of property before and after mixed marriages are carried out. based on article 58 of the uuup, people who have mixed marriages can obtain their citizenship from their husband or wife and can also lose their citizenship according to the methods stipulated in law number 12 of 2006 concerning citizenship of the republic of indonesia. related to mixed marriage citizenship status according to indonesian positive law, which refers to law number 12 of 2006 concerning citizenship. this citizenship law adheres to the principle of equality that both men and women can lose their indonesian citizenship due to the mixed marriage. the citizenship law provides an opportunity for indonesian citizens who have mixed marriages to choose their nationality, which means that the husband can obtain the citizenship of his wife and vice versa, the wife can obtain the citizenship of her husband if the wife chooses to follow the citizenship of her husband. a male or female indonesian citizen who is married to a foreigner loses indonesian citizenship if and during the year after the marriage takes place, he declares a statement to renounce his indonesian citizenship. if a male or female indonesian citizen who is married to a foreigner wishes to maintain his indonesian citizenship, that is by submitting a statement letter regarding his desire to remain as an indonesian citizen to the official or representative of the republic of indonesia whose territory includes the residence of the woman. this is in accordance with article 26 paragraph (3) of law number 12 of 2006 concerning citizenship of the republic of indonesia. based on the above provisions, the citizenship law gives freedom to citizens to maintain their citizenship. the concept of property in mixed marriages after the enactment of the uuup related to marital property, it is regulated in chapter vii. in contrast to bw, which uses the term property in marriage. uuup looks at marital property from the side of material objects, namely in the form of tangible objects. meanwhile, the term assets used by bw has a broader meaning than objects because assets include objects and material rights, including receivables and other intangible material rights (salim hs, introduction to written civil law (bw), 2002,). the uup related to marital assets is regulated in articles 35 to 37 of the uup, while in bw related to marital assets it is regulated in articles 119 to 198 which are outlined in detail and detail. article 35 of the uup regulates: (1) assets acquired during marriage become joint assets. (2) inherited assets of each husband and wife and property obtained by each as a gift or inheritance, are under the control of each as long as the parties do not specify otherwise. the provisions of the article distinguish marital property into 2 (two) types, namely joint property or what is commonly called gono gini property and innate property or original property. joint assets are assets obtained during the marriage bond and without questioning who is registered in whose name. the acquired property will become joint property if there is no agreement regarding the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 290 status of the property. then regarding the joint property, the husband or wife can act with the consent of both parties. this is regulated in article 36 paragraph (1) of the uup "regarding joint property, husband or wife can act with the approval of both parties". congenital assets are property belonging to each husband and wife obtained before the marriage or obtained as a gift or inheritance. based on the provisions of article 35 paragraph (2) of the uup, husband and wife are entitled to fully own their respective assets as long as the parties do not specify otherwise, namely by marriage agreement. in this case, the personal property of each husband and wife is as follows: a. the assets brought by each into the marriage include debts that have not been paid off b. assets obtained as gifts/gifts unless otherwise specified c. inheritance obtained by each, unless otherwise stipulated. the arrangement of marital property in the bw has different legal provisions from the uuup. in principle, bw only recognizes one group or class of assets in a marriage, namely the assets of the husband and wife union, while in the uup it recognizes the separation of assets between husband and wife. the legal consequences of property in mixed marriages include ownership of immovable objects in the form of land and everything attached to the land, law number 5 of 1960 concerning the uupa. article 21 paragraph (3) of the bal stipulates that foreign nationals are not allowed to have ownership rights to land even though the acquisition is the result of joint property, namely the mixing of assets in marriage. for this acquisition, foreigners must release their land within a period of 1 year, if after that period, the land will fall to the state. the concept of a marriage agreement for prospective husbands and wives who wish to avoid the unanimous mixing of these assets in the marriage to be carried out, the law the law regulates the provisions regarding the deviation by making a marriage agreement. in general, a marriage agreement is made for the following reasons: a. if there are a number of assets that are greater in one party than the other party; b. both parties each brought considerable input (aanbrengst); c. each has its own business, so that if one falls (failliet), the other is not involved; d. for the debts they made before marriage, each of them will be responsible individually (titik triwulan tutik, introduction to civil law in indonesia, 2006) in this case it is explained in article 139 bw that prospective husband and wife with a marriage agreement can deviate from the regulations the law concerning joint property, provided that it does not conflict with good morals or general rules, and the provisions described in the following explanation are also observed. like bw, law number 1 of 1974 concerning marriage in it also regulates marriage agreements that can be made by husband and wife which contains http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 291 arrangements regarding assets. this is regulated in article 29 of law number 1 of 1974 concerning marriage, namely at or before the marriage takes place. both parties with mutual consent can enter into a written agreement which is legalized by the marriage registrar. the separation of assets in marriage today is only partially known by people or knows it, the assumption that after marriage everything is mixed into one will make couples feel comfortable and reluctant to make it. for prospective husbands and wives who avoid the mixing of assets, the law regulates the provisions regarding such deviations by making a marriage agreement, the marriage agreement can be used as an effort to prevent disputes regarding marital property in the future. furthermore, to ensure that the marriage agreement made is correct and can bind the parties, the form of the marriage agreement according to bw must be made with a notary deed before the marriage takes place, and will be void if it is not made in this way. as this is explained in article 147 bw which states that, "the marriage agreement must be made with a notarial deed before the marriage takes place, and will be void if it is not made in such a way." the marriage agreement must be made in an authentic deed that has strong evidentiary power. the existence of a condition that the marriage agreement must be made with a notarial deed (authentic deed) is aimed at so that the marriage agreement has perfect evidentiary power in the event of a dispute. by making a marriage agreement in a notarial deed, it will provide legal certainty regarding the rights and obligations of husband and wife on their property, considering that a marriage agreement has broad consequences and can involve large financial interests owned by a household. if one of the two conditions is not met, then the marriage agreement is void. this results in the assumption that there is a togetherness of wealth between husband and wife in the marriage. that is, the legal consequences of the marriage bring the consequences of mixing the assets of husband and wife into one in the wealth of marital property. both parties in making a marriage agreement must expressly state that there is no mixing of assets and must also expressly state that there is no union of property in other forms, such as a profit and loss union or a profit and loss union. according to article 144 bw states that "the absence of joint assets does not mean that there are no joint gains and losses, unless this is expressly eliminated." regarding the content and types of marriage agreements that can be entered into in a marriage agreement according to bw, it is divided as follows: 1. complete (full) separation of marriage assets if before the marriage takes place, the prospective husband and wife do not make a marriage agreement, legally there is a unanimous union of assets. 2. profit and loss union the marriage agreement with the profit and loss union (gemeenschap van winst en varlies) in this case does not recognize the existence of a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 292 unanimous property union, but limits it in terms of a limited union, which is only limited to the profit and loss union. 3. union of income and income a marriage agreement with a union of income (gemeenschap van vuchten en inkomsten) is an agreement between a pair of prospective husband and wife to unite every profit (result and income) only. analysis of decision 526/pdt/g/2012/pn.jkt.sel that the plaintiff (denis) is an australian citizen, holder of australian passport no.e.4016832 and kitas no.2c11je 6090 dks residence permit until december 1, 2012, the defendant is yean. the plaintiff and the defendant got married in melbourne, australia as stated in the certificate of marriage dated 18 may 2002. on 29 april 2003, the plaintiff and defendant signed the marriage agreement as stated in the deed no. 44 dated 29 april 2003 concerning a copy of the foreign marriage agreement. each wealth partnership, before a notary. whereas according to the plaintiff, the notary should have known and it was his duty to find out the plaintiff is an australian citizen, so the notary should have known that the plaintiff did not understand indonesian. article 43 paragraphs 2 and 3 of law number 30 of 2004 concerning the position of a notary (hereinafter referred to as the "notary position law") states: "in the event that the appearer does not understand the language used in the deed, the notary is obliged to translate or explain the contents of the deed in the appropriate language. understood by the appearer" and "if the notary is unable to translate or explain it, the deed is translated or explained by an official translator" based on the above, co-defendant i as a notary is obliged to translate or explain the contents of the prenuptial agreement in a language understood by the plaintiff or: the deed is translated or explained by a sworn translator. whereas in the prenuptial agreement there is no official translator's signature and a statement that the deed has been translated or explained by co-defendant i in a language understood by the plaintiff. thus, based on the above, co-defendant i has violated his obligations as a notary and the prenuptial agreement violated the formal requirements of a notary deed as regulated in article 16 paragraph 1 d jo.43 paragraph 2 and 3 of the notary position act. done by notarial deed. the peace agreement must be made in writing and so on. agreements for which a certain formality or form is stipulated as we have seen are called formal agreements. if such an agreement does not meet the formality requirements stipulated by law, then it is null and void. thus, based on the above matters, the pre-nuptial agreement as stated in the notary deed no. 44 dated april 29, 2003 concerning copies of marriage agreements outside each wealth partnership, has been proven to have violated the formal requirements of a notary deed and therefore null and void. the contents of the marriage agreement that "the appears of both parties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 293 hereby explain that the two parties want to get married, while the consequences of the marriage they will direct are regarding their assets, the pre-nuptial agreement, namely the following articles: a. article 1 of the pre-nuptial agreement states: "between the first party and the second party there is no partnership of assets, like a partnership of assets according to law or a partnership/mixing of profits and losses and mixing of fruits/results. brought into the marriage and obtained by inheritance, grant, testamentary grant or in any other way during the marriage, as well as assets acquired by interest or exchange. b. article 4 of the prenuptial agreement states: "the second party demands and maintains for himself the right to manage and the right to manage his own property, both movable and immovable property and is free to collect interest, fruit or proceeds from his wealth. , his work and from other sources without the need for assistance, approval or authorization from the first party “ c. article 5 of the pre-nuptial agreement states: "all costs and expenses as well as all expenses for household needs and interests including expenses arising from marriage and expenses for the education of children born from this marriage are entirely borne by the first party" d. based on article 1449 of the civil code, an engagement made by coercion, deception or fraud, raises a demand to cancel it. whereas based on the foregoing it has been proven that in the signing of the pre-nuptial agreement there was an element of misdirection by the defendant and therefore the pre-nuptial agreement must be declared null and void. the prenuptial agreement is illegal according to law no. 1 of 1974 concerning marriage and the civil code. e. whereas based on article 29 paragraph 1 of law no. 1 of 1974 concerning marriage (hereinafter referred to as "uup") a marriage agreement can be made at or before the marriage takes place in a written agreement ratified by the marriage registrar f. whereas based on article 66 of the uuup, for marriage and everything related to marriage based on this law, with the enactment of this law the provisions stipulated in the civil code, christian indonesian marriage ordinance, mixed marriage regulations and other regulations other regulations governing marriage to the extent that it has been regulated in this law shall be declared null and void. thus, if it has not been regulated, the provisions of the civil code will still apply. g. based on article 147 of the civil code, every marriage agreement must be made with a notarial deed before the marriage takes place with the threat of cancellation. thus, based on article 29 uuup jo. 147 of the civil code, the marriage agreement must be made http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 294 before or at the time the marriage takes place and is made in a notary deed and ratified by the marriage registrar. that the dispenduk capil does not have the authority to ratify a marriage agreement, has consciously violated article 29 of the uup jo. 147 of the civil code as can be seen in the marriage certificate no. 61/ai/pp/2003, co-defendant ii has ratified the pre-nuptial agreement which was made after the marriage was carried out. from these cases can be analyzed as follows: a. a marriage agreement is invalid if it is made after the marriage takes place because it violates article 29 of the marriage law. if the agreement has been made then it has no legal force. b. the notary is obliged to observe when the marriage takes place and when the marriage agreement is made because the legal consequences will be null and void if it is not in accordance with the laws and regulations. c. regarding legal mixed marriages carried out according to the law where the bride and groom are married, but to legalize a marriage bond, it requires recognition from the state that they are husband and wife. in this case the bride and groom have not registered their marriage. 4. conclusion marriage is a form of relationship between a man and a woman with the aim of forming a family, that it is undeniable that marriages are carried out between indonesian citizens and foreigners and that there are legal differences that apply to men and women in mixed marriages because of differences citizenship. in mixed marriages, there will be things regarding property that are different from marriages between indonesian citizens and indonesian citizens and the marriage agreement made by the couple before the marriage can be in the form of an authentic deed made before a notary as a public official, if the marriage agreement is made after the marriage it will result in null and void. references marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group. hadikusuma, hilman (2003), indonesian marriage law, according to customary law and religious law, bandung: cv. forward mandar. imam al ghozali (1995), revealing the nature of marriage, bandung; charisma. ahmad azhar basyir (2000), islamic marriage law, yogyakarta: uii press. cst kansil(1989), introduction to indonesian law and legal administration, jakarta: balai pustaka. sudarsono (1991), national family law, jakarta: pt rineka cipta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 295 salim hs( 2002), introduction to written civil law (bw), jakarta: sinar grafika. wahyono darmabrata and surini ahlan sjarif (2004), marriage and family law in indonesia, jakarta: faculty of law, university of indonesia. tutik quarterly point (2006), introduction to civil law in indonesia, jakarta: library achievements. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 law enforcement against criminal acts of online gaming in the city of surabaya flavia irene iswahyudi forensic science, airlangga university surabaya e-mail: flavia.ene.iswahyudi-2019@pasca.unair.ac.id abstract purpose of doing research on law enforcement against online gambling crime is to find out the form of law enforcement, especially in the city of surabaya. the research method used by the author is a normative research method, the author collects some data to be used to answer the problem formulation, which comes from from laws and regulations, books or literature, journals, and official documents. the results of the study can be concluded that in the enforcement of criminal law, there are two ways in carrying out countermeasures. in carrying out the first countermeasures, using penal law enforcement, and the second countermeasures using non-penal law enforcement. law enforcement against online gambling uses penal countermeasures, where the process is the same as other criminal acts, starting from the investigation, investigation, to the trial process. in the forms of criminal acts of conventional gambling and online gambling, the contents of the article are not much different. in conventional gambling still uses the traditional way. however, online gambling is much more modern because it uses the internet network and information technology media such as cellphones or laptops. regulations regarding conventional gambling can be seen in article 303 or 303 bis of the criminal code, while regulations regarding online gambling are regulated in article 45 paragraph (2) of law number 19 of 2016 concerning electronic information and transactions. keywords : law enforcement, gambling crime online, ite 1. introduction in everyday life, people have lived side by side with technology. with the advancement of technology, it has changed human life to be more effective and efficient. humans can take advantage of the sophistication of information technology in any case, such as getting information easily, exchanging information, being able to manage various kinds of data, and using existing facilities on the internet. the internet is a source of information for anyone, because by using the internet, people can easily use internet portals to get various information online. the users who initially used technology were only certain groups of people, because in the 2000s the emergence of the internet in indonesia could only be accessed through computer devices. at that time, only a few people had a computer but did not have an internet network. in big cities, they provide internet usage services called internet cafes (warnet). the main target of internet cafe users at that time were teenagers who were still in school. many come to the internet cafe to play online games, stream movies, open email, etc. however, this also has a negative impact because it makes teenagers addicted to playing the internet by spending hours at the internet cafe. so that they spend a lot of time studying for things that are not necessary. the lack of basic knowledge also results in misuse of internet usage, for example opening pornographic sites, online gambling sites, and other prohibited sites. even though internet users should only access the things they need. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 on the internet, there are sites that can be easily used to make money instantly by playing online gambling. this is common among the public because it is easily accessible via a smartphone or laptop. online gambling itself in indonesia is actually prohibited, the government also takes action by blocking online gambling sites. it still doesn't matter because the users have loopholes to keep playing safely. by using a vpn, internet users can still access blocked sites and their internet ip cannot be traced. this can actually be eradicated by the existence of regulations regarding digital crimes, namely the ite law on misuse of internet networks. the ite law itself was only formed in 2008. the ite law was formed to be used in situations where online crimes occur, which are related to legal problems in conveying information, online transactions, etc. in indonesia itself, the ite law can be said to be cyber law (cyberlaw), with the hope of eradicating all crimes that occur on the internet, as well as regulating sanctions against internet crimes. contents of law 19/2016 about information technology and electronic transactions not only refers to certain categories of legal subjects, but also refers to “everyone”, with the affirmation of the phrase “everyone who intentionally commits a criminal act of humiliation and/or defamation”. according to the government, the establishment of law 19/2016 concerning information technology and electronic transactions is a form of protection aimed at everyone. in law number 19 of 2016 it is regulated regarding the threat of sanctions against online gambling actors in article 45 paragraph (2), namely: "every person who intentionally and without rights distributes and/or transmits and/or makes accessible electronic information and/or electronic documents. who has a gambling content as referred to in article 27 paragraph (2) shall be sentenced to a maximum imprisonment of 6 (six) years and/or a maximum fine of rp. 1 billion”. online gambling itself is also rife in the city of surabaya. players usually play by betting that depends on luck. all types of games are done by betting and if one of them wins because of luck, it can be said to be gambling even though he doesn't follow the game directly. one of the cases that occurred in the city of surabaya was online gambling poker games. the poker game itself has been widely used by millions of people in all parts of the world, which turns out to contain elements of a crime. the arrest of the perpetrator has a strong basis on suspicion of committing a crime of gambling online poker by using a cellphone as a tool. the perpetrator also creates an account that has been registered in the online poker account to be used when betting. 2. research methods in conducting a legal research, one can use a structured method, which is commonly referred to as a legal research method (muhammad, 2004). it is very important to be able to understand and determine the type of research that you want to use as a component in doing http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 writing. because it affects the technique and the results of the research writing. in legal research, in addition to being based on a structured way, one must also have certain thoughts, by conducting an analysis that aims to study several legal phenomena that are currently happening. this study uses a normative juridical method, which is carried out by examining library materials or secondary data (soekanto & mamudji, 2001). in conducting normative legal research, usually researching data indirectly or through intermediary media. the data obtained from several books that have a relationship with the object of research, official documents such as those from government agencies, as well as those originating from the results of final-level research such as; theses, theses, dissertations, or journals, and legislation (ali, 2021). 1. data sources following are examples of general (secondary) additional data that can be studied, which have a relationship with the object of research, including: (soemitro, 1982) a. additional personal archives: 1) self-kept archives 2) personal archives originating from the institution in which the person concerned has worked b. additional public: archives1) archive dataarchives 2) officialoriginating from government agencies 3) publicly published archives, such as jurisprudence belonging to the supreme court additional legal archives, seen from the point of view of their binding power and can be divided into: 1 ) principal legal materials (primary) are legal materials that have jurisdiction. this basic legal material consists of legislation, official records or minutes in the making of legislation and judges' decisions. in this case the author uses the main data sources as follows: a) the criminal code b) law law no. 19 of 2016 concerning information and electronic transactions c) law number 7 of 1974 concerning gambling control d) government regulation number 9 of 1981 concerning the implementation of gambling control. 2) additional (secondary) legal materials are publications related to law, including textbooks, legal dictionaries, legal journals and opinions or comments on court decisions. in writing this research, the authors use additional data as follows: a) books related to ite b) books related to law enforcement c) journals or books related to gambling http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 3) tertiary legal materials are legal materials that able to provide instructions and descriptions of primary and secondary legal materials and contribute as research support materials (soekanto & mamudji, 2001). for example, such as: encyclopedias and legal dictionaries. 2. data analysis method the data that has been obtained can then be processed and analyzed by describing the data obtained from the field, then converted into a sentence form in the form of a systematic explanation, so that the results of the data obtained have meaning and reach conclusions. the results of the data analysis can be concluded effectively related to the existing problems, and conclusions can be drawn. then from these conclusions, the problem is discussed in general, then a basis is made on specific facts. 3. result and discussion types of crime forms of online gambling gambling is a crime that is often found in our lives, whether done intentionally or unintentionally. gambling has existed since ancient times and is regulated in the criminal code, (law number 7, 1974) concerning gambling control, and government regulation number 9 year (1981) concerning the implementation of gambling control. judging from the number of three laws and regulations governing gambling, it can be concluded that gambling has been carried out for a long time. gambling in indonesia has a very long history which has existed since the dutch era. this can be proven by the provisions in the criminal code. over time, playing gambling is now becoming more modern. this is due to the existence of internet facilities that make it easier for players. in accordance with the development of information and technology that gave birth to the internet, the form of gambling itself has developed. gambling in the network (internet gambling, online gambling or cyberspace gambling) is the development of conventional gambling, which can be referred to as online gambling. gambling is carried out using electronic technology, as well as the internet network. with the internet network and electronic technology such as cellphones and computers, it can make it easier for the players. players can play gambling without having to meet other players. this is one of the differences with ordinary (conventional) gambling. in addition, another difference between ordinary (conventional) gambling and online gambling is that players are required to open an account to fill in the initial balance and create an id (digital identity) in order to play. usually the players are pegged a minimum balance that must be entered into the player's account, then the player can adjust the contents of the balance himself according to the provisions of the game to be played. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 from the explanation above, two types of gambling crimes can be obtained, namely ordinary (conventional) gambling crimes and online gambling crimes. the definition of ordinary (conventional) gambling crimes with online gambling crimes is the same, namely playing by betting on each other by relying on luck and usually using money if you want to play. each player collects the agreed amount of money, the winner of the game is entitled to get all the money from the players. what distinguishes ordinary (conventional) gambling crimes from online gambling crimes is the use of electronic technology and internet media. regulations regarding the prohibition of granting permits for all forms of organizing and various types of gambling are regulated in government regulation number 9 of 1981 concerning the implementation of law number 7 of 1974 concerning control of gambling, the regulation regulates the implementation of which is held in casinos, in crowded places. , as well as other related reasons. the following forms of ordinary (conventional) criminal acts are regulated in article 1 paragraph (1) of government regulation number 9 year (1981) concerning the implementation of gambling control, categorized into (3) three types, namely: a. gambling at the casino, among others consists of: 1) roulette; 2) blackjack; 3) baccarat; 4) creps; 5) keno; 6) buttons; 7) super ping – pong; 8) lotto fair; 9) satan; 10) paykyu; 11) slot machines; 12) ji si kie; 13) big six wheel; 14) chuca luck; 15) throw paser/feather at the target or rotating board; 16) pachinko; 17) poker; 18) twenty one; 19) hwa hwe; 20) kiu – kiu http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 b. gambling in crowded places 1) throw bracelets; 2) throw money; 3) kim; 4) lure; 5) shoots non-rotating targets; 6) throw the ball; 7) fighting cocks 8) fighting cows; 9) buffalo fight; 10) goat fighting; 11) horse racing; 12) dog racing; 13) mayong; 14) erek – erek. c. gambling associated with other reasons, including gambling associated with habits: 1) cockfighting; 2) cow fighting; 3) buffalo fights; 4) horse racing; 5) karapan beef; 6) fighting sheep/goats. the third point in gambling that is associated with other reasons, such as relating to religious ceremonies, or regional traditions, does not include gambling. because it is included in the customs or habits of the area. an example of an area that is still thick with tradition that is included in one of the third points is the city of madura. the form of ordinary (conventional) gambling crime itself is not regulated in the criminal code, but only regulates criminal sanctions. so to find out what are the forms of ordinary (conventional) gambling crimes, you can only refer to government regulation no. 9 of 1981 concerning the implementation of gambling control. the form of online gambling itself is not regulated in law number 19 of (2016) concerning information and electronic transactions. the form of online crime itself is actually almost the same as the form of ordinary (conventional) gambling crimes, but if you want to play you have to open an online gambling site via the internet. sites that are usually used to play online gambling are: www.sbobet.com and www.sangnaga.com. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.sbobet.com/ http://www.sbobet.com/ http://www.sangnaga.com/ http://www.sangnaga.com/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 the most common form of online gambling crime is soccer betting, which is used during football season. the players bet on the score of the football match, if the score or victory of the team selected from the player wins, then the player who chooses that team gets money from the result of the bet. law enforcement used against online gambling crimes in the city of surabaya indonesian society has experienced growth and developed into a modern society that is technologically literate, but some people are still left behind. this happens because of the small number of people who follow developments in information and technology, including in dealing with legal problems that arise. there are negative impacts that arise, the occurrence of high levels of crime in various fields and various modes of crime. the development of technology and information has influenced the revolution in the form of crime, which was originally traditional (conventional), to modern. the thing that is done or the type of crime is the same, but what makes it different is the participation of information technology, which is a medium that is used in conjunction with a crime. with the internet, in addition to making everything easily accessible, it also makes it difficult to be tracked, processed in court, and difficult to prosecute. internet-related crimes discussed in this study are online gambling (gambling). gambling is currently more often called online gambling than conventional gambling.gambling crimes online, can be done by utilizing the internet. and it can also be said as an internet crime, because it misuses internet media. all crimes that have occurred, of course, must be adjusted to the applicable regulations, such as the criminal code or other regulations relevant to crimes, especially in the field of criminal law. although regulations regarding internet violations are not regulated in the criminal code, you can use law no. 19 of 2016. in practice that occurs in the field, judges are required to carry out their own legal interpretation, as stated in law no. 4 of 2004 concerning judicial power, and also judges can exercise jurisprudence (smith, 1991). however, what happened was more directed to the formation of a new law due to the assumption that the criminal code is not able to regulate the types of crimes above, this makes it difficult for some law enforcement officers to overcome this. to ensure legal certainty, as well as order and legal protection, it is necessary to enforce law in the era of modernization and globalization. the law exists to maintain the harmony and harmony of the morals that exist in society. law enforcement must be seen as a criminal justice system because it is a process of activities that includes various parties including the community within the framework of achieving goals (reksodiputro, 1994). in carrying out law enforcement in indonesia, it can be done in two (2) policy ways, namely: 1. non-penal efforts in crime preventioncrime http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 policiesprevention policies or commonly known as "criminal politics" can cover a fairly broad scope. according to (peter hoefnagels, 1969) crime prevention efforts can be pursued by: a. application of criminal law (criminal law application); b. prevention without punishment (prevention without punishment); c. influencing people's views on crime and punishment through mass media (influencing views of society on crime and punishment / mass media. thus, there are two efforts to overcome crime, the first is "penal" (criminal law) and the second is "non-penal". (instead of / outside the criminal law). in the division of gp hoefnagels above, prevention without crime and efforts to influence society's views about crime and sentencing through mass media included in the "non-penal" (ariel, 2008). the contrast of the two the effort is, if the "penal" prevention effort is more burdensome on thenature repressive (oppression / eradication / suppression) after the crime has occurred, while the "non penal" prevention effort is more burdensome on thenature preventive (prevention / deterrence / control) before the crime occurs. why is it said to be a striking difference, because in repressive measures it can also be seen as preventive action with a broad meaning (arief, 2008). the form of non-penal countermeasures is the effort to deal with crimes that can occur due to conducive factors. conducive factors such as, focus on problems or social conditions that directly or indirectly occur and can lead to crime (arief, 2008). the most strategic non-penal effort is being able to make the community a healthy social and environmental environment from all factors that can cause a crime to occur. it can be said that society can be a deterrent factor for crime that is part of the cause of criminal acts. conducive factors that cause crime is the existence of problems and social conditions which clearly cannot only be solved by penal efforts. this is a limitation of penal efforts, and therefore must also be assisted by non-penal efforts. one of the non-penal efforts aims to ward off and solve social problems (peter hoefnagels, 1969). basically, social policy is a rational effort to achieve public welfare (arif, 2008). in addition to non-penal efforts, it can also be done in other ways, namely making the community healthy through social policies, and also exploring the potentials contained within the community itself, as well as non-penal efforts being explored through various other sources that have potential preventive effects. examples of other sources include the press/mass media, the use of technological advances and the use of potential preventive effects from law enforcement officers (arief, 2008). 2. penal policy (ancel, 1965) once stated that "modern criminal science" has three components, namely "criminology", "criminal law", and "penal policy. put forward by (ancel, 1965), the penal effort (penal policy) is a science as well as an art which ultimately has a practical goal to formulate http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 positive legal regulations better and to not only provide guidance to legislators, but also to those who implement it. law (court) and also to the organizers or implementers of court decisions. furthermore (ancel, 1965) states: "between the study of criminological factors on the one hand and the study of legislative techniques on the other, there is a place for a science that observes and investigates legislative phenomena and for a rational art, where legal scholars can work together not as opposing parties or in conflict with each other, but as co-workers who are bound in a common task, namely primarily to produce a criminal policy that is realistic, humanist, and forward-thinking (progressive) and healthy.” it was stated by (ancel, 1965), that the existence of a criminal law system in the 20th century still had to be realized. the criminal law system in that century could only be created and perfected with the efforts of all people who had good intentions and all experts in the social sciences. with the above sentence, in principle, the problem of policy on criminal law is not only a legal technical work that can be done with normative juridical, in carrying out criminal law policies it is also necessary to have a factual juridical approach, which is able to overcome legal problems or fill legal vacancies by the consideration of existing regulations, can also take a sociological, historical, and comparative approach. a comprehensive approach is also needed from various other social science disciplines, as well as an integral approach using social policy and social development (ancel, 1965). policy terminology is taken from the english word, namely policy or politiek which comes from dutch. the terminology of criminal law policy itself can also be called the political terminology of criminal law. in foreign discourse, the political terminology of criminal law is usually known by various terms, namely penal policy and criminal law policy in english, or strafrechtspolitiek in dutch. it can be seen the meaning of criminal law policy or politics seen from legal politics or from criminal politics (ancel, 1965). according to (sudarto, 1981), "legal politics" are: a. an attempt to make good rules, also in accordance with the circumstances and situations in the future b. the state makes policy through the competent bodies to establish the desired regulations who is able to visualize what is contained in society and to achieve what is aspired (sudarto, 1983) the purpose of crime prevention is to make efforts and policies to make good criminal law regulations. so a policy or policy of criminal law is part of criminal politics. in other words, it can be seen from the point of criminal politics, the politics of criminal law is identical with the notion of "policy of crime prevention with criminal law" (sudarto, 1983). crime prevention efforts with http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 criminal law are essentially part of law enforcement efforts (especially criminal law enforcement). therefore, it is often said that politics or criminal law policies are also part of law enforcement policies (sudarto, 1983). in addition, efforts to prevent crime through the making of criminal law laws in principle, it is also an integral part ofefforts social welfare. therefore, criminal law policies or politics are commonplace if they become an integral part of social policies or policies. in a broad sense, the scope of policies in the field of material criminal law in the field of formal criminal law and in the field of criminal law enforcement can be covered by criminal law policies (sudarto, 1983). based on the description above, two policy methods have been described, namely nonpenal and penal methods. however, the legal policy discussed in law enforcement ongambling crimes online uses a penal law policy (through criminal law). implementing a criminal justice system is the main objective of the judicial process, because the priority is public order and efficiency. in carrying out penal law policies ongambling crimes online , the process is actually the same as other criminal acts. (mr. agus hamzah, 2019) an example of a penal policy in online gambling crimes is to apply formal and material penalties. namely, the formal punishment starts from the investigation and investigation stage, the judicial stage, and the criminal implementation stage. however, there is one thing that distinguishes one of the criminal justice processes ingambling crimes online, namely in the process of investigation and investigation it is different from conventional criminal acts. ingambling online using information technology, which means modern (not conventional) crime. in carrying out the investigation and investigation process, a special unit / team is needed to handle it. the regional police themselves already have a special agency that handles crimes related to ite. the agency is called the cyber crime investigation center of east java or can be called the "siber polda jatim". it is the cyber police who handle investigations and investigations of criminal acts related to ite, because special expertise is needed in carrying out the process. usually the cyber police (investigators) are assisted by it / ite experts because this cannot be done if they only rely on the police, so it / ite experts are needed. in the judicial stage, the process is exactly the same, nothing is different. before the judge makes a decision on the defendant, the judge carefully looks at the articles charged by the public prosecutor. ingambling crimes online, article 303 of the criminal code is always imposed, not article 45 paragraph (2) of the ite law. this is because before making a decision, the judge uses a systematic interpretation to determine the article to be given. article 45 paragraph (2) is usually imposed on the bookies, not on the players. because what is included in the elements in article 45 paragraph (2) is more appropriate/suitable for the city. players usually only need to log in because they were previously guided by the dealer. and also the luck obtained by the dealer is very much http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 compared to the players, so it should be subject to article ite which has a very heavy penalty, yes, imprisonment for six (6) years and a fine of one billion rupiah (rp. 1,000,000,000). (mr. agus hamzah, 2019). for material criminal law, it is the law that regulates the formulation of crimes and violations as well as the conditions if someone can be punished and given the appropriate sanctions. so in this case it can also be referred to as in terms of imposing sanctions for criminal acts that are violated. material punishment is a regulation that includes what actions can be punished, who can be punished and what punishment is appropriate to punish someone. 4. conclusion from the results of the overall discussion above, there is a conclusion that the forms of conventional gambling crimes with online gambling are basically not much different. conventional gambling still uses the traditional way, namely by means of players meeting each other or gathering with other players. however, online gambling uses information technology, which makes it easier for players to play gambling, and is also more practical because they do not need to meet each other. in the form of conventional gambling, it is regulated in government regulation 9 of 1981 concerning the implementation of gambling, but online gambling itself is not regulated in any act, especially the ite law. criminal law policies by using penal facilities in law enforcement on online gambling crimes, the process is the same as law enforcement against other criminal acts. however, there is something different about this process, namely when conducting investigations and investigations. in carrying out the investigation and investigation stage on online gambling crimes, those who handle are special investigators, who usually handle ite cases. in the police, there is a special cyber agency to deal with ite (online gambling) crimes. references ali, z. (2021). legal research methods. graphic ray. ancel, m. (1965). a modern approach to criminal problems. routledge & kegan paul. arief, bn (2008). interest collection on criminal law policy, jakarta: pt. kencana prenada media group. muhammad, a. (2004). law and legal research. bandung: image of aditya bakti. peter hoefnagels, g. (1969). the other side of criminology. holland: kluwer. reksodiputro, m. (1994). the indonesian criminal justice system (seeing crime and law enforcement within tolerance limits). center for justice and legal services, jakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 smith, j. (1991). computers: a new challenge in the field of law. airlangga university press, surabaya. soekanto, s., & mamudji, s. (2001). normative legal research: a brief overview. soemitro, rh (1982). legal research methods. jakarta: ghalia indonesia. sudarto, hp, & society, p. (1983). new light. bandung. sudarto, h., & criminal, h. (1981). bandung. alumni. act. (1981). government regulation number 9 of 1981 concerning the implementation of gambling control. constitution. (2016). law number 19 of 2016 concerning information and electronic transactions (vol. 53, issue 9). law number 7. (1974). law no. 7/1974 on gambling control. (2019, march 11). retrieved from naga bola: http://www.sangnaga.com mr. agus hamzah, hp (2019, april 10). (f. irene, interviewer) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 341 legal journal "examination of the judge's decision in the acts of online football gambling" (case study 2864 / pid.b / 2019 / pn.sby) diki wendyanto 1 , endah lestari dwirokhmeiti 1 1 faculty of law, narotama univercity surabaya e-mail: dikiwendyanto94@gmail.com abstract the criminal code (kuhp) has criminal rules outside of the law, namely law number 11 of 2008 concerning electronic information and transactions (uu ite), in the world of sports the name football is one of the most famous sports games where -where. in the world of football, players are familiar with good gambling. football or the audience and even the referee as a court also participates in a gamble, but in principle playing gambling as stipulated in article 303 of the criminal code (kuhp) and article 27 paragraph (2) of the ite law. appropriate in its application to the surabaya court decision number2864 / pid.b / 2019 / pn sby regarding the crime of online gambling from the probleman the writer can formulate the problem namely what is the decidendi ratio for the high court decision number 2864 / pid.b / 2019 / pn sby? and is the application of the judge's decision on decision 2864 / pid.b / 2019 / pn sby in accordance with the elements of material criminal law? the method used by the author is a normative type with a statutory approach, conceptual, case analysis. in this verdict, it turned out that the judge was not careful about his judgment.this is related to the indictment of the public prosecutor who only accused the defendant under article 303 paragraph (1) 2nd. in fact, when the indictment does not meet the requirements for an accurate, clear and complete description, the indictment letter will be null and void. keywords : online gambling, judge's consideration, indictment 1. introduction in the world of football, gambling is no stranger to either the soccer player or the audience, even the referee as a court participates in a gamble, but in principle playing gambling as stipulated in article 303 of the criminal code (hereinafter referred to as the criminal code) means as each game, the probability of winning generally depends on chance alone, also if the probability of winning increases because the player is smarter or more capable. playing gambling includes all betting agreements regarding the decision of a race or other game not held by those participating in the race or playing, as well as all other bets (asmuni et al., 2020). along with the increasingly rapid development of technology and information, gambling activities have also undergone a more practical and safer transition to online or online system gambling. online gambling is a game where players will guess or choose a game among several choices where there is only one correct choice and is done by an online system. the phenomenon of online gambling that is now rife is online soccer gambling, which is widely found in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 342 community, especially in internet cafes, or by using laptops in carrying out these activities, or even via smartphones that have supporting facilities or supporting applications for playing online soccer gambling. . this gambling is done by guessing the score of the match. if the guess is correct, the buyer gets a prize several hundred or thousand times the amount staked. online gamblers take advantage of information and communication technology as a means of modern gambling. with computers on a large scale network and many websites that provide online gambling, this will certainly make a big advantage over conventional gambling. apart from these conveniences, the safety factor is the reason and consideration for many people to switch from conventional to online systems. this is due to the fact that online betting is still difficult to do thoroughly. online gambling is commonly found in the surabaya, east java area. gamblers can be found easily in the cafes in the surabaya area that carry out their gambling activities safely without feeling afraid of being caught by the police. gambling cases in the surabaya area have started to flare up again since 2019. this was proven during that year, in early august 2019, wednesday, august 7, 2019 at around 00.50 wib. officers from the tanjung perak harbor resort police received information from the public about someone playing an online soccer gambling game at the boy net cafe on jalan simo kalangan baru 2 no. 4 surabaya where later the police made an arrest after a previous investigation into the boy net cafe at jalan simo kalangan baru 2 no. 4 surabaya at that time, police officers saw gambling perpetrators in front of a computer screen playing online soccer gambling. at that time, evidence was also secured in the form of 1 (one) mandiri bank central asia teller machine (hereinafter abbreviated as bca atm), from the description above, the authors are interested in examining criminal cases about online gambling that have been broken up in kracht or are still by the surabaya district court with case number: 2864 / pid.b / 2019 / pn sby 2. research methods in this thesis research, the type of research that will be used is legal research. this type of thesis research is a normative type which is also known as library research or document study because this research is conducted or aimed only at written regulations or other legal materials. 3. results and discussion definition of exammination etymologically, the meaning of examination comes from the english examination which means "to pay attention or examine something with great care and thoroughness". referring to the meaning of the origin of the language vocabulary, which is then adjusted to the judicial process, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 343 then examination means: an action against all judicial products at all levels. examination according to the oxford dictionary, examination: inspection of something to if it works properly, meaning an examination of something to make sure it is functioning properly or according to a predetermined procedure, sudikno mertokusmo argued: "examination (examination of court decisions) is a study or withdrawal of a court decision by the judge who handed down the verdict in question. what is examined mainly is the evidence of events and qualifications, the verdict of the judge who has been handed down is accompanied by logical juridical reasons or not. the decision that has been passed has met the requirements or the procedure for imposing a decision or not ". according to anton suyata, examination is an effort to determine the extent of testing of a decision that has been issued by a judicial institution in a particular case (thalib et al., 2017) definition of gambling gambling is one of the oldest games in the world, almost every country recognizes it as a game of chance. gambling is also a social problem because of the very negative impact it has on the national interest, especially for the younger generation because it causes youth to be lazy in working and the funds flowing in this game are large enough so that the funds that were originally used for development instead flow for gambling games. gambling is also against religion, morals and morals. gambling games can also create dependency and cause losses both in terms of meter and immaterial not only for players but also for their families (roesli et al., 2017). in the interpretation of the criminal code gambling is defined as: "the game of gambling means that it must be interpreted in a broader sense which includes all bets regarding the loss and win of a horse race or other competitions, or all bets, in competitions held between two people who do not participate alone in the competitions, for example. totalizers and others ”. according to constitutionnumber 11 of 2008 regarding electronic information and transactions (hereinafter referred to as the ite law) article 27 paragraph (2) defines gambling as "everyone knowingly and without rights distributes and / or transmits and / or makes electronic information and / or electronic documents that contain gambling content accessible" . according to the criminal code in article 303 paragraph (3) defines gambling as: "every game which is based on the hope of winning generally depends on chance alone and also if that expectation gets bigger because of the cleverness and habits of the game. including gambling is betting on the decision of a race or other game, which is not held by those who are competing or playing it, as well as all other games ”. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 344 definition of online gambling online gambling is a type of gambling that is currently very popular, because besides having many choices of types and being easy to play, it can also be done anywhere; at the office, at home, in a cafe, and in many other places. with only a laptop or smartphone, this gambling can be played. online gambling began to exist in 1994. starting with the passing of the free trade fact by the caribbean country antigua and barbuda, so that with the pact, the caribbean antigua and barbuda could grant permission for organizations to open online gambling. online game security guaranteed by software developed by cryptologic, the first company to develop online gambling security software (naik & peters, 2009). in 1996 the kahnawake gaming commission which regulates online gaming activities, was founded by the mohawk territory of kahnawake. this commission then issued gaming licenses for many online casinos and poker around the world with the aim that the licenses granted allowed the managers to maintain transparency and fairness in running their business. a year after that, or 1997, online gambling was booming, so gambling websites, which originally had only 15 in 1996, increased to 200 in 1997. a report published by frost & sullivan in 1998 states, by that year the turnover of money in the online gambling business had reached us $ 830 million. in the same year, online poker gambling was introduced for the first time. a year later, or in 1999, the united states (us) government enforced the internet gambling prohibition act, so that any company could no longer offer online gambling products to residents of uncle sam's country. however, the policy did not last long because the us government later revoked it. in 1999, shortly after the internet gambling prohibition act ceased to exist, online casino games with a multiplayer system were introduced. this is the first time that people can gamble, chat and interact with fellow gamblers in an interactive environment. in 2000, the federal government of australia became the first government to enforce the fact of the moratorium on interactive gambling, so that for residents in that country, online casinos have become illegal activities because they have not received official permission from the local government. in 2001, the number of online gambling players was estimated to have reached 8 million people, and this number continues to increase from year to year, even though various regulations that prohibit the existence of this type of gambling appear one after another in many countries in the world. in 2008, h2 gambling capital estimates (wahid & labib, 2005). gambling, especially online gambling over the internet, is currently on the rise, according to onno w. purbo, what is referred to as online gambling or internet gambling (internet gambling) usually occurs because of placing bets on sports activities or casinos via the internet. the real online game is the whole process, be it the stakes, the game or the collection of money via the internet. gamblers will be required to make an upfront deposit before they can gamble online. this http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 345 means you have to transfer some money to the gambling website admin as an initial deposit. after the bettor sends money, he will get a number of coins for gambling games. if you win, the money from the bet will be sent via bank transfer and if you lose, the coins will be reduced (pop-eleches et al., 2013). knowing the existence of a criminal act of gambling via the internet, and to strengthen evidence of the existence of this gambling game, by registering a member with the admin of the website to get a username in participating in the game in question. if you already have a username, the admin will provide instructions in following the game and communicate about game procedures. therefore, to transact between players or bettors and gambling managers, they also use bank transaction services with internet media. in addition to using the internet to communicate with members, the website admin uses a cell phone with a specific number that is used between members. in its development, it turns out that the use of the internet does not only have a positive impact but can also bring a negative side, by opening up opportunities for anti-social actions and criminal behavior that have so far been deemed impossible. one example of a negative impact on the internet is online gambling. meanwhile, the definition of online gambling is gambling through electronic media with internet access as an intermediary. 4. conclusion based on the results and discussion of this research, it can be concluded as follows: decidendi ratio or judge's consideration of decision 2864 / pid.b / 2019 / pn sby regarding the crime of gambling. in deciding a case the judge considers: first, the indictment submitted by the public prosecutor through the indictment, namelyarticle 303 bis paragraph (1) 2nd of the criminal code. second, the testimony of witnesses who had been sworn in saw the incident the defendant committed the act of online gambling. third, the defendant's testimony had admitted his actions and regretted his actions. fourth, evidence that has been secured. fifth, the judge considers things that are both mitigating and burdensome for the defendants. with the elements of the article above the judgeto impose sanctions on the defendant by being sentenced to 8 (eight) months imprisonment by the judge for being guilty of gambling. the application of material criminal law to criminal cases of gambling in decision 2864 / pid.b / 2019 / pn sby it is correct based on the legal facts that occurred during the trial, both from the testimonies of witnesses, statements of the defendants, evidence, and evidence. and also based on the consideration of the judge who gave the verdict using the indictment, namely article 303 paragraph (1) 1 of the criminal code which is in accordance with the actions of the perpetrators http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 346 who fulfill the elements of the gambling criminal act itself, namely the element of whoever, without permission, deliberately offers or provide the opportunity to play gambling or knowingly participate in a company for that.but the defendant had committed the act of making accessible information or electronic documents containing gambling content. the element makes it accessible in article 27 verse(2) the ite law is an element of action that is inseparable from the element of prohibited consequences. the application of article 27 paragraph (2) of the ite law is due to the fact that the defendant's actions have met the elements of the rule and the existence of article 63 paragraph (2) of the criminal code which states, "if an act is included in a general criminal rule it is also regulated in a special criminal rule. , then only the special ones are worn. " reference asmuni, a., hasibuan, p., & maswandi, m. (2020). criminal law study behind the polyandri marriage in indonesia. international journal for innovative research in multidisciplinary field, 6(9), 110–114. naik, p. a., & peters, k. (2009). a hierarchical marketing communications model of online and offline media synergies. journal of interactive marketing, 23(4), 288–299. https://doi.org/10.1016/j.intmar.2009.07.005 law number 4 of 2004 concerning judicial power. law number 11 of 2008 concerning electronic information and transactions. law number 8 of 1981 concerning criminal procedure law (kuhap). criminal code (kuhp) court decision number decision 2864 / pid.b / 2019 / pn sby. pop-eleches, c., thirumurthy, h., habyarimana, j. p., zivin, j. g., goldstein, m. p., de walque, d., mckeen, l., haberer, j., kimaiyo, s., sidle, j., ngare, d., & bangsberg, d. r. (2013). mobile phone technologies improve adherence to antiretroviral treatment in a resourcelimited setting: a randomized controlled trial of text mesage reminders. aids, 25(6), 825–834. https://doi.org/10.1097/qad.0b013e32834380c1.mobile roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. thalib, h., rahman, s., & semendawai, a. h. (2017). the role of justice collaborator in uncovering criminal cases in indonesia. diponegoro law review, 2(1), 27–39. wahid, a., & labib, m. (2005). kejahatan mayantara (cyber crime),(jakarta: pt. refika aditama. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 149 due to the law on the purchase of land rights that have not been certified if bound by the government ah city of surabaya (case study number: 678 k/pid.sus/2019 jo 87/pid.sus/tpk/2018/pn.sby abror prima putra, moh.saleh faculty of law, narotama university surabaya e-mail: abrorputra24@gmail.com abstract the immovable property belongs to the state while related to administration, the control of the institution is used with the term “in beheer” or “in control” where this can be evidence that the land parcel is under the control of a certain institution, and certain institutions are said to have a budget which appears from the government to finance the maintenance of the land parcels. land is state or regional property, if this land is purchased or obtained at the expense of the apbn/apbd, or the land comes from other legitimate acquisitions, for example obtained through a grant/contribution, obtained as law or obtained based on court decisions that have legally binding. the purpose of being published is for the benefit of the right holder based on physical data and juridical data as registered in the land book. meanwhile, uncertified land is land that does not have valid proof as a strong means of evidence regarding the physical data and juridical data contained. keywords: property, soil, legislation, and certificate 1. introduction in roman law, there is an adage which states that cojus est solum, ejus est usque ad cuelum, which has the meaning that whoever owns a piece of land thus also owns everything above the surface of the land to the sky and everything else. that is in the ground. every government agency or institution and / or which has been granted control of rights by the state with the task it carries out certainly requires a parcel of land, either for the construction of an office building or for its operational activities, land parcels which are obtained directly by the government or from the purchase of a resident (kahfi, 2016). in staatsblad 1911 number 110 in conjunction with staatsblad 1940 number 430 is regulated with regard to property, buildings and military fields (yustianti & roesli, 2018). where the land parcels are classified into the term is landsonroerende goederen, which means permanent property or immovable property belonging to the state, whereas in relation to the administrative order, the control of the agency is used with the term in beheer or “in control” where this can be evidence that the land parcel is under the control of a certain institution, and that particular ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 150 institution has a visible budget from the government to finance the maintenance of the land parcel (marzuki, 2005). the notion of in beheer has developed or been broadly developed in relation to its definition, resulting in consequences, namely confusion in the field of legal order between government agencies and agencies that hold or are appointed by the government or even often conflict with the interests of the people in general, which finally published government regulation no. 8 of 1958 concerning state land control. if we pay attention to law number 16 of 1960 concerning the establishment of large urban areas within the provinces of east java, central java, west java and in the special region of jogjakarta, there is not a single article that obliges large cities as designated in article 1. this law is to immediately register land designated by the agency as belonging to that agency or at least controlled by an agency or institution in the local national land agency, therefore there is a legal vacuum in this law, so it can be concluded that the implementation of land registration activities is an obligation. from the government which aims to guarantee legal certainty which is rechtscadaster in nature, meaning that it is for the purposes of land registration only and only questions what rights and who owns it, not for other interests such as taxation (novi ratnawati, 2018). furthermore, if the prevailing laws described above collide with government regulation number 24 of 1997 concerning land registration, especially in article 24 paragraph (2) of the government regulation of 1997 which more or less regulates namely people who are in good faith and openly for 20 (two) twenty) years or more consecutively physically controlling land and buildings which is strengthened by the testimony of people who are trusted and not questioned by the community, this can be a legal vacuum that causes us all to become a dilemma when the agencies or institutions or big cities that have appointed by law number 16 of 1950 does not carry out its obligations immediately on land objects to be registered with the local land agency as mandated by article 9 paragraph (3) of the regulation of the minister of agrarian affairs number 9 of 1965 but on the other hand there are people or indonesian citizens who have taken control of the land or object te for more than 20 (twenty) years in good faith and in the process of ownership of rights in the local land agency and have obtained physical data in the form of field maps and are traded on the basis of sale and purchase is a field map which is one of the conditions for obtaining ownership rights which as we know together with the application for rights, one of the conditions is to fulfill both physical and juridical data and the person is found guilty or has fulfilled the corruption crime because it is deemed to have traded state assets against the law as regulated in article 2 and article 3 of the law corruption crime (a’yun, 2014). 2. research methods ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 151 in completing the writing of scientific papers so that they are more directed and can be scientifically accountable, normative juridical research methods are used. normative juridical research means research is carried out or aimed at statutory regulations and other legal materials by reading and studying materials from conventions, laws and regulations, printed media, or from electronic media which according to the author is related to the title of the thesis. in this study, researchers used three methods ncluding legislative approaches, conceptual approaches, and case approaches. statute approach the legislative approach is done by reviewing all laws and regulations related to the legal issues that are being addressed. a legislative approach is needed to further study the legal certainty regarding the requirements and / or obligations of the city government to be carried out by the city government of the cities which has been appointed by the minister of home affairs in law no. 16 of 1950. in this study, the lawthe invitation used is law no. 5 of 1960 jo law no. 16 of 1950 jo regulation of the minister of agrarian affairs number 9 of 1965 jo government regulation number 24 of 1997. conceptual approach the conceptual approach evolved from the views and doctrines that developed in the science of law. studying the views and doctrines in the science of law, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles relevant to the issues encountered. in the conceptual approach, new concepts or theories will be found in accordance with the purpose of this research which is to find legal certainty about the requirements and / or obligations of the city government that must be done by the city government that has been appointed by the minister of home affairs in law number 16 1950. the formulation of the problem will then be analyzed with existing concepts and theories. in this study, the theories and concepts used include the theory of legal certainty, the concept of national land law, and the theory of responsibility. case approach using the case approach, then what the researcher needs to understand is the decidendi ratio, which is the legal reasons used by the judge to reach his decision. according to goodheart, the decidendi ratio can be found by considering the nature of the material. the case approach does not refer to the dictates of the court's decision, but to the decidend ratio. in this study, the case approach used is in surabaya district court decision number 87 / pid.sus / tpk / 2018 / pn.sby. in that decision, the researcher will use the decidend ratio or legal reasons the judge decides to test the application material for the researcher to use in analyzing the legal issues in this study. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 152 3. results and discussion researchers are looking for research references in the form of a thesis that discusses the land law of the republic of indonesia. of the many searches for similar research titles and researchers are also looking for measuring tools to measure the originality of research. researchers found several similar titles and measuring instruments used by researchers. siti prihatin yulianti's thesis entitled "implementation of systematic land registration and its effect on land order (study in serdang urban village, central jakarta)", which analyzes the implementation of systematic land registration and its influence on land order in serdang village, central jakarta. siti prihatin yulianti's research is different from research written by researchers, where the difference lies in the issues raised where the researcher in this case conducts research on the legal consequences of buying and selling land that is not immediately registered with the national land agency while siti prihatin yulianti's thesis examines the implementation of land registration and influence on land order. then, siti prihatin yulianti's thesis specifically examines the serdang area of central jakarta, while the researcher describes it as broader and / or not based on one area only, but specifically in law number 16 of 1950 concerning regional termination of large cities in the environment east java, central java, west java and within the special region of djogjakarta. erpinka aprini's thesis entitled "legal certainty of land rights certificate in relation to the provisions of article 32 paragraph (2) of government regulation number 24 of 1997 concerning land registration", analyzes the objectives for land registration as government regulation number 24 of 1997 is to obtain legal certainty and to find out the theoretical opinion regarding legal certainty guarantees regarding certificates. erpinka aprini's thesis is different from what was researched by the researcher, where the difference lies in the terms of the laws and regulations which will be presented in research where the erpinka thesis specifically uses government regulation number 24 of 1997 in solving problems in the field of land registration, while researchers do not only use government regulation number 24 of 1997 but also using the prevailing laws in addition to relating to land registration there are also obligations for large cities appointed by the minister of home affairs to immediately carry out land registration to the local land agency as based on law number 1 2004 concerning the state treasury, government regulation number 27 of 2014, minister of agrarian regulation number 9 of 196, and regulations related to the importance of land registration. in the national land law structure, all land and other natural resources are controlled by the state, therefore it can be concluded that the state is the object and land as the subject of the national land law structure in the republic of indonesia. furthermore, the definition of state land ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 153 as in government regulation number 24 of 1997 concerning land registration is: "state land or land directly controlled by the state is land which does not belong to any land rights." based on this, it can be concluded that state land on which no land rights are placed can be granted and owned by individuals or legal entities. according to boedi harsono in his book entitled "indonesian agrarian law, the history of the establishment of the basic agrarian law, its contents and implementation." land in a juridical sense is the surface of the earth, which includes the surface of the earth that is under water, including sea water. as it is generally known that land can be divided into two (two), namely: a. rights land is land that has been owned with a land title with the status of state land where a right can be requested for certain interests. b. state land is land directly controlled by the state. immediately controlled, meaning, there is no other party on the land. according to maria s.w soemardjono in her book entitled "land in the perspective of economic, social and cultural rights", land which is directly controlled by the state is also called free state land. state land can also be divided into two types, namely: a. free state land is state land that is directly under the control of the state, on this land there is no single right that is owned by parties other than the state. free state land can be directly requested by us to the state / government through a procedure that is shorter than the procedure for non-free state land. b. non-free state land is state land that has not been boarded by other parties, for example, namely: “state land on which there is a management right owned by the regional or municipal government, perum perumnas, pertamina, bulog, special authority agency. and other government agencies whose entire capital or uniforms are owned by the government and / or local government " state land that can be requested to become private land can be in the form of: a. state land that is still empty or pure, state land which is directly controlled and has not been encumbered with any rights. b. state land originating from the expired western conversion of rights. c. rights land whose status is improved. d. titled land whose status is reduced by relinquishment of rights. whereas the granting of rights to state land according to the regulation of the state minister for agrarian affairs or the head of the national land agency number 9 of 1999 concerning procedures for granting and cancellation of rights to state land and management rights. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 154 state land can be applied for by any person in good faith, where the position of a person in good faith, for more than 20 (twenty) years physically controls a plot of land (and buildings) according to government regulation number 4 of 1997, which is physically controlled is land. , not the building. furthermore, article 24 of government regulation number 24 of 1997 paragraph (1), namely: (1) for the purposes of registering old rights (ha to land originating from conversion of old rights), evidence of the existence of these rights shall be proven in the form of: written evidence; statement of witnesses and or; the statement in question whose validity level by the adjudication committee for systematic land registration or by the head of the land office in sporadic land registration, is deemed sufficient to register the rights, rights holders and rights of other parties who burden it. (1) in the case of no or no longer complete evidence tools as referred to in paragraph (1), the bookkeeping of rights can be carried out based on: "the fact that the physical control over the land parcels concerned has been held for 20 (twenty) years or more consecutively. participate by the applicant for registration and the preliminary introduction ", provided that: a. the control is exercised in good faith and openly by the person concerned as having the right to the land, and is strengthened by the testimony of a reliable person; b. the control, both before and during the announcement as referred to in article 26, is not questioned by the customary law community or the village / kelurahan concerned or other parties. furthermore, based on article 24 paragraph (2) government regulation number 24 of 1977 stipulates that people who have good intentions and consecutively control physically of land and buildings, which are strengthened by the testimony of people who are trusted and are not questioned by the surrounding community. bookkeeping rights where it can be concluded that the party who controls the physical land and buildings can submit proof of ownership due to the existence of article 24 paragraph (2) of government regulation number 24 of 1997, where the party who controls the physical land and buildings can submit a request regarding the issuance of a proof of ownership. what is meant by state losses is explained in article 1 number 15 of law number 15 of 2006 concerning the supreme audit agency (“bpk law”) which states: “state / regional losses are shortages of money, securities, and goods, which real and definite numbers as a result of acts against the law, whether deliberately or negligently. " in chapter 1 number 22 of law number 1 year 2004 concerning state treasury (“state treasury law”): “state / regional losses are shortages of money, securities, and goods, which are real and definite as a result of acts against the law. on purpose or negligence. "whereas as well as ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 155 explained in the elucidation of article 32 paragraph (1) of law number 31 of 1999 concerning eradication of corruption crimes ("law 31/1999"): "what is meant by" in fact there has been a loss to state finances "is a loss that has already been obtained. the amount is calculated based on the findings of the authorized agency or appointed public accountant. " if we pay close attention, it is very clear that the state has suffered losses because the object of the a quo dispute is still in civil law efforts to determine its ownership, so it is very unethical in the prosecutor's claim that defendant soendari has met the element of state losses. whereas it turned out that the surabaya inspectorate to assess the amount of losses suffered was only as if using the sale and purchase price between defendant soendari and witness indra permata kesuma, which was rp. 2,106,000,000, (two billion one hundred and six million rupiah) whereas according to witness drs. siswo sujanto, dea, an agency for calculating state losses, must use a special method but when the inspectorate witness is brought to trial only uses the sale and purchase price between defendant soendari and witness indra permata kesuma, this really makes us have a big question mark, namely "if only based on price sale and purchase between defendant soendari and witness indra permata kesuma what if the 254 kenjeran land in surabaya turned out to be the selling price of rp. 3,000,000,000 (three billion rupiah) then how much would the state lose? and who is responsible for the state's shortcomings? " whereas this is very contradictory to the principle of criminal law, namely the principle of legal certainty (rechtszekerheid) in which a person should not be punished with uncertain state losses. furthermore, in the phrase regarding state losses which at both the first level and the level of cassation, the panel of judges who examined and decided this case stated that the defendant had been proven to have committed an act detrimental to the state, but the author is of another opinion where there is a term rather than criminal law, namely one element is not fulfilled as charged or demanded by the public prosecutor, it cannot be said to be a criminal act, one of the elements which according to the author does not belong to the element of a criminal act is the element of "everyone", that in the doctrine of criminal law the term "actus non est. reus, nisi mens sit rea "or in english translated according to wilson:" an act is not a criminal in the absence of a guilty mind "(willian wilson, criminal law: doctrine and theory, london: logman, 2003, 67). the meaning is "an act cannot be said to be criminal if there is no evil will in it". on the one hand, the mens rea doctrine is a necessity in a criminal act, and on the other hand it also emphasizes that to be held accountable for a person for committing a criminal act, is very much determined by the presence of mens rea in that person. thus it means that the fault lies in the intention of the maker, whether intentional, deliberately conscious of certainty, or deliberately conscious of possibility. based on the facts in the trial of the plot of land transfer from defendant soendari with witness indra permata kesuma, are as follows: ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 156 a. free state land based on the letter of the national land agency number 195 / 300-3580 / ii / 2011 dated february 22, 2011, which basically explains that the land on jalan kenjeran 254, surabaya can be categorized as unregistered land which means that the surabaya city government also does not have any legal basis. over kenjeran 254, surabaya; b. that the defendant soendari carried out the sale and purchase also did not contradict the applicable law, namely by using the field map where this field map was a condition for the issuance of a land right and was known by witness indra permata kesuma who was the buyer of land and buildings on jalan kenjeran surabaya who later agree on this matter; c. whereas in the midst of the buying and selling process, the surabaya city government suddenly and forcibly installed a plank stating that the land and buildings on jalan kenjeran 254 are assets of the surabaya city government; from the legal facts, defendant soendari clearly did not have an evil will / mens rea because defendant soendari was sure that the map of the fields that defendant soendari was holding according to article 39 paragraph (1) letter b pp no. 24/1997, even though the land had not been registered (did not have a certificate or only based on the map of the field) which means that it does not contradict the prevailing legislation, besides that it is also evident that this cannot be imposed on the defendant because on the one hand the city government does not actually register with the surabaya city national land agency so that it can be said to be state land so that can be requested by every person entitled in good faith to the land. whereas there is a rule in article 5 paragraph (1) of law number 16 year 1950 which regulates, namely: "all property is either permanent or non-permanent goods and companies of the big cities mentioned in article 1 prior to their establishment according to the law. these belong to the big cities mentioned in article 1, which can then submit things to the regions under them. " in article 5 paragraph (1) of law number 16 of 1950 concerning the establishment of large city areas within the provinces of east java, central java, west java and within the special region of jogjakarta states this, however law number 16 of 1950 does not mention explicitly what are the obligations of big cities in relation to the goods owned by the big city. thus in my opinion, from article 5 paragraph (1) of law number 16 of 1950, it is only declarative in nature, not constitutional in nature, therefore to find out what the obligations of big cities are, it is necessary to consider other laws and regulations, which among them chronologically are: a) article 11 paragraph (1) pp no. 8/1953 concerning control of state lands states: "land purchased or which is freed from people's rights by a ministry, bureau or regional government for the implementation / implementation of its interests, becomes state land at the time of the purchase / acquisition, with the understanding that control of the land is by the minister ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 157 of home affairs. will be submitted to the ministry, bureau or the swatantra region concerned, after receiving the news about the purchase / acquisition and allocation of the land. " the above provisions stipulate that land purchased / acquired by the swatantra region becomes state land in terms of land tenure rights over state land, when it is handed over by the minister of home affairs to the swatantra region concerned after receiving notification of the purchase of the land.b) article 1 regulation of the minister of agrarian affairs no. 9/1965 concerning the implementation of converting ownership of state land and provisions concerning policies further states: "the right to control over state land as referred to in government regulation no. 8 of 1953, which was granted to departments, directorates and swatantra areas prior to the enactment of this regulation as long as the land was only used for the interests of the institutions itself was converted into use rights, as referred to in the basic agrarian law. which lasts as long as the land is used for that purpose by the agency concerned ”. the provisions above stipulate that the right to control over state land which is used for its own interests is converted into a use right. c) further in article 9 paragraph (3) minister of agrarian regulation no. 9/1965 states: "if the rights mentioned in articles 1 and 2 have not been registered at the land registration office, then the right holder concerned must come to the land registration office concerned to register it using a questionnaire which for example will be determined separately." a) article 49 paragraph (1) of law 1/2004 on state treasury states that: "state / regional property in the form of land controlled by the central / regional government must be certified on behalf of the government of the republic of indonesia / the relevant regional government." the above provisions stipulate that state / regional property in the form of land must be certified in the name of the government. b) article 43 paragraph (1) government regulation 27/2014 concerning management of state property states: "state / regional property in the form of land must be certified on behalf of the government of the republic of indonesia / the regional government concerned." the above provision confirms that state / regional property in the form of land must be certified in the name of the government. c) article 302 paragraph (1) permendagri 19/2016 concerning guidelines for management of regional property states: "the legal safeguard of land that does not have a certificate as referred to in article 299 paragraph (4) letter a is carried out by: ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 158 a. if the property belonging to the region has been supported by the initial document of ownership, among others, in the form of: • letter c, •deed of sale & purchase, • grant certificate, or other equivalent document, then the property manager / property user and / or property user shall immediately apply for the issuance of a certificate on behalf of the regional government to the national land agency / regional office of the local national land agency / local land office in accordance with the provisions of the legislation; and b. if the regional property is not supported by ownership documents, the property manager / property user and / or property user proxy will strive to obtain initial ownership documents such as land history. " the above provision states that legal safeguarding of land that does not have a certificate is carried out by: a. if the regional property has been supported by the initial document of ownership, the property manager / property user and / or property user proxy shall immediately apply for the issuance of a certificate on behalf of the local government. b. if the property belonging to the region is not supported by ownership documents, the property manager / property user and / or property user proxy strive to obtain the initial ownership document thus, based on the consideration of the above provisions, we can know that there is an obligation that must be carried out by big cities to make land as assets of big cities in order to turn a plot of land into assets of big cities. obligations furthermore, with regard to the obligations for big cities such as the obligation to know the existence of state land tenure rights, the obligation to know the conversion of state land tenure rights to use rights; the obligation to come to the local land agency office to register the right to use or the obligation to carry out legal security for uncertified land, basically the implementation of the process is carried out by coming to the local land agency office by submitting land registration, then the land registration application process will go through land registration mechanism for the first time. whereas in the legal facts stated in the decision which is the basis for this thesis, there is evidence relating to besluit van der gementeraad 23 april 1926 number 4276 which according to gemeente van soerabaya's statement decided to buy the land object of dispute from the owner of the disputed land from the land owner named atminah alias bok mat for which compensation payments of 2,500 guilders have been made. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 159 then, whether to pay compensation in such a way that directly belongs to the surabaya city government, to obtain evidence proving that according to the physical data and juridical data, a certain plot of land is an asset of the surabaya city government, then the surabaya city government must register the right to use , as ordered in article 9 paragraph (3) of the regulation of the minister of agrarian affairs number 9 of 1965, by carrying out the obligations as ordered in article 9 paragraph (3) of regulation of the minister of agrarian affairs number 9 of 1965, the head of the surabaya land office should issue a certificate of use rights on behalf of the surabaya city government. in fact, the surabaya city government has fulfilled the order of article 49 paragraph (1) of law number 1 of 2004 concerning state treasury. whereas the author can explain first, namely based on law 1/2004, pp. 27/2014, permendagri no. 19/2016 which regulates, among other things, the security of state property in the form of land, states that land that is secured by the state / regions is land which is the property of the state or region. when is land a state or regional property? land is state or regional property, if the land is purchased or acquired at the expense of the apbn / apbd, or the land comes from other legal acquisitions, or example obtained through a grant / donation; obtained as implementation of the agreement / contract; obtained in accordance with the provisions of statutory regulations; or; obtained based on a court decision which has permanent legal force. then there is the term state security with land that is certified and not yet certified, the author will explain that first the purpose of being published is for the benefit of the right holder based on physical data and juridical data as registered in the land book. meanwhile, land that has not been certified is land that does not have a valid proof as a strong means of evidence regarding the physical data and juridical data contained therein. based on law 1/2004, pp 27/2014, permendagri 19/2016, security of land which is state property is carried out through: 1) physical security physical security of the land is carried out by, among others: a. put up a land layout mark by constructing a boundary fence; b. put up land ownership signs; and c. take care. 2) administrative security land administration security is carried out by: a. collect, record, keep and administer land ownership documents in an orderly and safe manner. b. take the following steps: 1. complete proof of ownership and / or keep the land certificate; ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 160 2. make goods identity cards; 3. carry out an inventory / census of regional property once every 5 (five) years and report the results; and 4. record in the property manager / property user list / user proxy. 3) legal safeguard. legal safeguards are carried out for: a. land that does not have a certificate; legal safeguards for land that do not have a certificate shall be carried out by: (i) if the regional property has been supported by initial documents of ownership, among others in the form of letter c, sale and purchase deed, grant certificate, or other equivalent documents, the property manager / property user and / or property user proxy shall immediately apply for a certificate issuance. name of regional government to the national land agency / regional office of the local national land agency / local land office in accordance with the provisions of the legislation; and (ii) if the regional property is not supported by ownership documents, the property manager / property user and / or property user proxy will strive to obtain initial ownership documents such as land history. b. land that already has a certificate, but not in the name of the local government. legal security for land that has been certified but not in the name of the local government is carried out by means of the property manager / property user and / or property user proxy immediately submitting an application for a change in the name of the land title certificate to the local land office to become the name of the local government. with regard to the provisions governing physical security as referred to in article 299 paragraph (1) permendagri 19/2016, in our opinion considering that there is no single provision regulating physical security that gives the authority to carry out eviction measures, so to prevent conflict between the party that will carry out physical security with other parties, the implementation of physical security of state / regional property in the form of land must consider whether or not other parties actually control the land to be secured or article 299 paragraph (2) permendagri 19/2016 must consider the condition of the land concerned. if on the land to be secured there is no other party who controls the land to be secured, then the security measures as referred to in article 299 paragraph (1) permendagri 19/2016 can be implemented. conversely, if on the land to be secured there is another party who controls the land to be secured, then it is better if the security measures as referred to in article 299 paragraph (1) permendagri 19/2016 should not be implemented first. it is better if in this condition, the party that will carry out physical security shall apply for mediation to the government agency authorized in the land sector. if there is no ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 161 agreement on the outcome of the mediation between the parties, then the conflict resolution between the parties can be resolved through a judiciary. in the case, it can be said that regarding the security of land owned by the city government using the basis of permendagri number 19 of 2016 in conjunction with government regulation number 27 of 2014 even though it is related to physical security of state / regional property in the form of land carried out based on pp 27/2014 jo permendari 19/2016, there is no single provision that authorizes the party that will carry out security to take actions such as using the pol pp line, using barbed wire, bamboo to block access to the house and building, and attacking the party's mentality. conclusion whereas the author does not agree with the decision of the panel of judges examining and deciding this case specifically in the a quo decision on page 19 which basically states that the land belongs to the surabaya city government because based on the author's explanation above, the author is of the opinion that the surabaya city government has made payments. compensation in the amount of 2,500 guilders but did not carry out the obligations according to the prevailing laws and regulations so that it must be clear that the land object of dispute is free state land which can be requested by any person in good faith. considering that our land law adheres to the principle of horizontal separation, the principle of land and building ownership applies that who owns the land does not necessarily own the objects on it. this really depends on the evidence of ownership of the land and building. whereas it turns out that the responsibility of the regional government after the enactment of law number 16 of 1950 does not necessarily follow the law but there is also the responsibility of the surabaya city government to carry out both administrative security which includes registration at the local national land agency office. and physical, which includes one of them is securing early placements or maintenance of the land. suggestion the panel of judges who examined and decided the case should have considered and looked at the comprehensive rules because it is clear that the land of the government in casu of the surabaya city government which has not been certified will become free state land which can be applied for by any person in good faith according to the laws and regulations. valid invitation. the surabaya city government should have received the mandate as mandated by law number 16 of 1950 as a major city in indonesia, then immediately safeguard the land of the object of dispute, both in administrative security related to land registration and physical security of land, ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 162 which means giving placards early on. which is then replaced periodically so as not to cause it 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(2018). upaya penanggulangan terjadinya penipuan yang dilakukan biro perjalanan umroh (studi kasus kota bandar lampung). jurnal poenale. peraturan menteri agraria nomor nomor 9 tahun 1965. peraturan pemerintah nomor 24 tahun 19976. putusan pengadilan negeri surabaya nomor nomor 87 / pid.sus / tpk / 2018 / pn.sby juncto kasasi undang-undang nomor 16 tahun 1950 undang-undang nomor undang – undang nomor 5 tahun 1960. undangundang tindak pidana korupsi undang – undang nomor 20 tahun 2001 tentang perubahan atas undang – undang nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 333 issn print 2086-6852 and issn online 2598-5892 juridical study on the criminal acts of theft by minors at the surakarta supardi, bastianto nugroho, supolo setyo wibowo faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: ainun0610@gmail.com article history: received: june 10, 2022; accepted: july 27, 2022 abstract the purpose of this study is to analyze the punishment for the crime of theft committed by children. under age. the research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. the results of the study of the juridical study of the criminalization conducted by judges against the crime of theft perpetrated by minors in the surakarta district court based on law no. 3 of 1997 concerning juvenile court. that the surakarta district court judge has acted in accordance with the applicable laws and regulations, namely the criminal code, and law number 11 of 2012 concerning the juvenile criminal justice system. in making a decision, the judge will consider several things, namely: evidence, the fulfillment of the elements of a criminal act, aggravating and mitigating matters, and the presence or absence of excuses and justifications. from these considerations, the judge handed down a decision against the naughty child. the punishment carried out by the surakarta district court judge against minors who commit the crime of theft is still far from the maximum penalty that can be imposed, which is in accordance with article 11 paragraph (1) of law number 3 of 1997. keywords: minors, jurisdiction, law, criminal. 1. introduction children as part of the younger generation are the successors of the ideals of the nation's struggle and as human resources for national development, in realizing quality human resources and being able to lead and see the unity and integrity of the nation in the unitary container of the republic of indonesia based on the act. basic 1945 (jarudin et al., 2019). child delinquency remains an actual problem, in almost all countries in the world, including indonesia. attention to this problem has been given a lot of thought, both in the form of discussions and in seminars that have been held by organizations or government agencies that are closely related to this issue (lubis, 2021). the process of fostering children can begin in a family life that is peaceful and prosperous physically and mentally. basically the welfare of children is not the same, depending on the level of welfare of their parents. in indonesia, there are still many children who live in slum areas and some of them have to struggle to earn a living to help their families. poverty, low education, broken family and social environment will affect the life or growth of a child (aripin, 2020). and the above is the basis behind a child to commit a crime or crime. one example is the crime of theft which has recently occurred, and the perpetrators of the theft are children. to deal http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 334 issn print 2086-6852 and issn online 2598-5892 with and cope with various actions and behaviors of naughty children, it is necessary to consider the position of children with all their distinctive characteristics and characteristics (tyas & rodiyah, 2020). according to article 1 point 1 of law no. 23 of 2002 concerning child protection, a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb (budiastuti & hermoyo, n.d.). in relation to children who commit criminal acts, that children as perpetrators are children who are suspected, charged, or found guilty of violating the law, and need protection. according to the juvenile court law, what is meant by naughty children in article 1 number 2 has two meanings, namely: 1. children who commit criminal acts; 2. children who commit acts that are prohibited for children. children who commit this crime are also subject to criminal sanctions. talking about the punishment of children often causes a lively and long debate, because the problem has very broad consequences, both concerning the perpetrators themselves and the community (williams, 1953). the punishment has negative consequences for those who are convicted. so that in imposing a crime against a child, the judge must use a rational basis for consideration so that it can be accounted for. sentencing a child is considered unwise. however, there are also those who think that it is still important to punish children, so that children's bad attitudes do not continue to become permanent until they are adults. and in the practice of juvenile justice in the field of criminal law, children are treated as "little adults", so that the whole process of the case except in the penitentiary is carried out the same as adult cases. the different treatment is only at the time of examination in court, which is in accordance with article 153 paragraph (3) of the criminal procedure code that hearings for children's cases are carried out in private and their duties (judges and prosecutors) do not wear a gown. it is related to the physical, mental and social interests of the child concerned(kadish et al., 2022). in addition to article 153 paragraph (3) of the criminal procedure code, the examination of children's cases is also regulated in article 42 paragraph (3) of law number 3 of 1997 concerning juvenile court, which states that the investigation process of juvenile delinquent cases must be kept confidential. so that all investigators' actions in the context of investigating children must be kept confidential, and without exception (kumara et al., 2019). in practice, the punishment imposed on children who commit the crime of theft is lighter than the punishment for theft for adults (roesli et al., 2017). this is in accordance with the provisions of the legislation which only determines that the punishment for children is (one half) or half of the punishment for adults. this punishment is considered sufficient as a form of education http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 335 issn print 2086-6852 and issn online 2598-5892 for children so that they do not repeat the same actions again in the future, and can still develop as other children of their age (sibarani, 2015). because after all, children are the future of a nation, so that in making decisions, judges must be sure that the decisions taken will be a strong basis for returning and regulating children towards a good future to develop themselves as citizens who are responsible for nation's life. in connection with what i have described above, i found the following problems: a. how is the regulation of criminal acts committed by minors in the criminal code and law no. 3 of 1997? b. how is the judicial review of the punishment carried out by the judge against the crime of theft committed by minors in the surakarta district court based on law number 11 of 2012 concerning the juvenile criminal justice system? 2. research method in this paper, the author uses a normative juridical research method, the focus of the study is based on the provisions of the applicable laws and regulations, accompanied by theories and legal principles related to the problems studied. thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. 3. results and discussion children under the age of a person is still classified in terms of age as a child in indonesia is very diverse, so sometimes it causes confusion to determine someone as a child or not. this is because the legal system in indonesia is pluralistic so that the notion of minors has different meanings and boundaries between one legislation and another. the following is a description of the definition of children according to several laws and regulations: a. civil code (kuhperdata) and s. 1931 no. 54 (for adults). the definition of a child according to the civil code is stated in article 330 paragraph (1) which states that "persons who are not yet mature are those who have not been able to reach the age of 21 years and have not married before". the definition in article 330 paragraph (1) of the civil code is placed the same as those who are not yet mature from someone who has not reached the age limit of legal legitimacy as legal subjects as determined by civil legislation. the position of a child as a result of being immature gives rise to rights that need to be realized with special legal provisions concerning these civil rights. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 336 issn print 2086-6852 and issn online 2598-5892 children in civil law have a broad and plural legal position because they depend on legal events that place children's rights in relation to the legal, social, religious, customs and other environments. the position and understanding of children in this civil law refers to the rights and obligations of children who have legal force both formally and materially. so, what is the essence of s. 1931 no. 54 and article 330 of the civil code: 1. if the laws and regulations use the term "minor", then simply regarding the indonesian nation is meant all people who have not reached the age of 21 years or have never been married. ; 2. if the marriage is dissolved before the age of 21 years, then they cannot return to the status of minors; 3. in the sense of marriage is not including the marriage of children. b. the criminal code (kuhp). understanding children in criminal law raises positive legal aspects to the process of normalizing children from deviant behavior to form personalities and responsibilities which in the end the child is entitled to proper welfare. where, the understanding of children in the criminal code can be taken as an example in article 45 of the criminal code, in the article it is stated that a minor is if the child has not reached the age of 16 (sixteen) years. c. law number 11 of 2012 concerning the juvenile criminal justice system. the definition of a child according to law number 11 of 2012 concerning the juvenile criminal justice system, is contained in chapter i of the general provisions of article 1 number 1 which states "children are people who in the case of naughty children have reached the age of 8 (eight) years but have not yet reached 18 years. eighteen) years and have never been married”. minor children are given a limit between 8 years to 18 years and the child has never been married, if a child has experienced a divorce even though he is not yet 18 years old, he is still considered an adult. d. law number 23 of 2002 concerning child protection. the definition of a child according to law number 23 of 2002 concerning child protection is stated in chapter i of the general provisions of article i number i that "a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb". regulation of crimes perpetrated by minors in the criminal code and law no. 3 of 1997 in the criminal code, it is explained about the prosecution of minors, which is contained in article 45 which reads: in prosecuting a person who is underage (minderjarig) for committing an act before the age of sixteen, the judge can determine: ordering the guilty be returned to his parents, guardians or keeping him, without any punishment or ordering that the guilty be handed over to the government, without punishment. anything, that is, if the act is a crime or one of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 337 issn print 2086-6852 and issn online 2598-5892 offenses referred to in articles 489, 490, 492, 496, 497, 503, 505, 514, 517-519, 526, 531, 532, 536, and 540 and two years have not passed since it was declared guilty of committing a crime or one of the above-mentioned violations, and the verdict is final; or impose a sentence (giacalone & greenberg, 1997). from the description above, it can be concluded that in the criminal code against children who commit acts that violate the law before the age of sixteen (16), the sanctions imposed are returned to their parents or guardians or maintain them without any crime. in addition to being returned to the parents, the guilty child can also be handed over to the government without any crime, if the act committed is a crime or one of the violations. and two years have not passed since being declared guilty for committing a crime or one of the violations, the decision becomes permanent or imposes a sentence (redmayne, 2015). based on this, criminal acts committed by minors are a form of crime so that children who commit crimes can be subject to sanctions in accordance with what is stated in article 45 of the criminal code. however, article 45 of the criminal code is no longer valid because there are new regulations governing naughty children, which are contained in article 4 paragraphs and (2) of law no. 3 of 1997 concerning the age limit of naughty children who can be submitted to the juvenile court is at least 8 (eight) years old but has not yet reached the age of 18 (eighteen) years and has never been married and in the event that the child commits a crime at the age limit referred to in paragraph (1) and submitted to a court session after the child in question has exceeded the age limit, but has not yet reached the age of 21 (twenty one) years, it is still submitted to the juvenile court. the penalty is reduced by one third and if the act is a crime punishable by death or life imprisonment, a maximum imprisonment of fifteen years is imposed. this provision is also no longer valid because in law no. 3 of 1997 has regulated the punishment for naughty children, which is contained in article 26 of law no. 3 of 1997 which states that the imprisonment that can be imposed on naughty children is a maximum of (one half) of the maximum threat of imprisonment for adults. and if a child commits a crime which is punishable by death or life imprisonment, the maximum imprisonment that can be imposed on the child is 10 (ten) years. the enactment of law no. 3 of 1997 concerning juvenile court, among others, has determined what is meant by a child, and this law (kaplan et al., 2014). specialists apply to the criminal code, especially with regard to criminal acts committed by children. the birth of the juvenile court law, later it must also become a reference in the formulation of the new articles of the criminal code relating to crimes and actions for children. thus, there will be no overlapping or contradicting each other. the regulation regarding the crime of theft itself is regulated in articles 362, 363, 364 and article 365 of the criminal code, and as http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 338 issn print 2086-6852 and issn online 2598-5892 long as it is not regulated in the law so that it uses the criminal code because in this case law no. 3 of 1997 does not regulate theft so it uses the criminal code. juridical study of the criminalization conducted by judges against the crime of theft perpetrated by minors in the surakarta district court based on law number 3 of 1997 concerning juvenile courts in the criminal case of angga taufik qurrahman (judgment number: 213/pid.b/2008/pn. ska) a. position of the case that he was the defendant angga taufik qurrahman, on saturday, may 3, 2008 at around 00.30 wib or at least at another time around may 2008 at jl. ahmad yani no. 354 rt 01 rw 09 kerten kec. laweyan, surakarta city or at least in another place which is still included in the jurisdiction of the surakarta district court, has attempted to take something that is wholly or partly owned by another person, with the intention of unlawfully possessing it, at night in a house or house. a closed yard where there is a house is carried out by the person who is there without his knowledge or against the will of the person entitled, and the defendant's actions are not completed until it is finished only because of things that did not join of his own volition. the defendant did this act in the following manner and in the following circumstances: earlier on thursday, may 1, 2008 the defendant met with eko saputro at the ps playground in kleco, the defendant and eko saputro planned to take cigarettes at witness sishadi's house with the aim of using it themselves and selling them. , the next day the defendant and eko saputro met again at the place and confirmed that at 24.00 wib they met in the trash at the slb, on friday after friday the defendant played at witness sishadi's place until 24.00 wib then the defendant met eko saputro in the slb trash can, eko saputro gave a screwdriver to the defendant, then the defendant went to the house of witness sishadi to carry out his plan, while eko saputro waited at that place, then approached the nako's window and looked for the rolling door key which is usually placed in that place, the defendant saw the key was in that place, then the defendant open k aca nako with his right and left hands, the defendant entered to take the key, then after the key was successfully taken, the defendant opened the rooling door, after it was opened the defendant then entered witness sishadi's shop without permission and the owner's knowledge was about to take a cigarette in its place, but did not have time to smoke witness sishadi was taken screaming for his sister, andi, three times, out of fear the defendant then went out through the rooling door again and closed and relocked the rooling door and put the roolong door key into the defendant's wallet, witness sishadi chased the defendant, the defendant ran to al-fatah mosque (south of witness sishadi's house) and pretended to sleep there, witness sishadi who chased the defendant met witness budi santoso who saw the defendant running towards al-fatah mosque and informed the defendant that he had run to the mosque, witness sishadi then catch up and find a kwa was http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 339 issn print 2086-6852 and issn online 2598-5892 sleeping in the mosque, and witness sishadi then suspected that the defendant searched the defendant and found his rolling door key in the defendant's wallet, after being caught the defendant was handed over to the banjarsari police. the defendant's actions are regulated and subject to criminal sanctions in article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code. b. the public prosecutor's claim 1. to declare that the defendant angga taufik qurrahman was found guilty of the crime of “attempted theft in aggravating circumstances”. 2. sentencing the defendant with a sentence of imprisonment for 3 (three) months. 3. determine the period of arrest and the period of detention that has been served by the defendant to be deducted entirely from the sentence imposed. 4. to stipulate that the accused remains in custody. 5. determine the evidence in the form of: 1 (one) rolling door key returned to witness sishadi. 6. charge the defendant a case fee of rp. 1000, (one thousand rupiah). c. decision decision 1. to declare that the defendant angga taufik qurrahman is legally and convincingly proven guilty of committing the crime of “attempted theft in aggravating circumstances”. 2. sentencing the defendant with a sentence of imprisonment for 3 (three) months. 3. determine the period of arrest and the period of detention that has been served by the defendant to be deducted entirely from the sentence imposed. 4. to stipulate that the accused remains in custody. 5. determine the evidence in the form of: 1 (one) rolling door key returned to witness sishadi. 6. charge the defendant a case fee of rp. 1000, (one thousand rupiah). d. author's analysis in decision number: 213/pid.b/2008/pn.ska., the judge in making a decision considers several things, including: 1. that according to the demands of the public prosecutor, the defendant in verbal defense asked for leniency. 2. whereas on the charges of the public prosecutor, the defendant stated that he did not file any objections or exceptions. 3. that at trial the public prosecutor submitted evidence in the form of: 1 (one) rolling door key. 4. whereas at the trial, the public prosecutor has presented 3 (three) witnesses, namely sishadi, sendy ardiatma and budi santoso. from the testimony of the witnesses, the defendant did not object and confirmed the statement. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 340 issn print 2086-6852 and issn online 2598-5892 5. that at trial the defendant admitted to having attempted theft at the shop owned by witness sishadi. 6. whereas all the elements indicted by the public prosecutor, namely article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code, have been proven, the defendant is legally and convincingly guilty of committing a criminal act of attempted theft in aggravating circumstances. 7. whereas the defendant did not find any excuse for forgiveness or justification as a criminal offence, so the defendant must be declared as a person who can be held accountable for all his actions. 8. whereas with respect to the sentence to be imposed on the defendant, the judge needs to consider aggravating things and mitigating factors for the defendant, namely: things that incriminate the defendant: a. the defendant's actions harmed other people, especially witness sishadi; b. the defendant had taken goods without the permission of witness sishadi; c. the defendant had already enjoyed the results of his actions. things that relieve the defendant: d. the defendant regretted his actions; e. the defendant promised not to repeat his actions again. f. the defendant is still a child or not yet an adult, which is 15 years old. in the above case the defendant was charged with committing an act that violated article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code. in order to prove the guilt that has been charged to the defendant, in the trial examination, evidence has been submitted. the evidence submitted was in the form of witness statements consisting of 3 (three) people, namely victim witness, sishadi, witness sendy ardiatma and budi santoso. in addition, there is evidence in the form of the defendant's statement, where the defendant admits that he has committed a criminal act of attempted theft at the shop of witness sishadi. with these two kinds of evidence, it has complied with the provisions of law no. 3 of 1997, where a judge can impose a crime on a person, with at least two valid pieces of evidence he/she obtains the belief that a criminal act has actually occurred and the defendant is guilty of committing it. based on these statements, both from the testimony of witnesses and from the testimony of the defendant, it was found that the actions taken by the defendant fulfilled the elements contained in the article indicted, namely article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code. these elements are: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 341 issn print 2086-6852 and issn online 2598-5892 the element of "whoever" is meant by "anyone" by the law is a legal subject, both a person and a legal entity without exception and in connection with this case what is meant by who is a person named angga taufik qurrahman who is confronted as the perpetrator or legal subject of the criminal act indicted by the public prosecutor, whose identity has been acknowledged by the defendant himself and confirmed by the witnesses, so that the element of "whoever" has been fulfilled. the element of “taking something that is wholly or partly owned by another person” what is meant by “taking” in this provision is that the item must have moved from its original place. in connection with this case, legal facts have been obtained based on the testimony of the witnesses under oath and the testimony of the defendant as well as the evidence presented at the trial that the defendant was proven to have committed theft at the shop owned by witness sishadi and found his rolling door key in the defendant's wallet. in addition, the defendant had previously taken weights from witness sishadi's house, which the defendant later sold for rp. 55,000,(fifty five thousand rupiah) and the defendant used the money to play the playstation. the element "with the intention of being owned against the law" based on the facts revealed in court, the defendant wanted to take the goods in the shop belonging to witness sishadi without the permission and knowledge of the owner, the defendant wanted to take the cigarettes belonging to witness sishadi for possession. thus, the defendant's actions prove that the elements with the intention of being illegally owned have been legally fulfilled. the element contained in article 53 of the criminal code, which is in the form of an "experimental" element, what is meant by "experiment" here is trying to commit a criminal crime but its implementation is not completed. in connection with this case, legal facts have been obtained based on the testimony of witnesses under oath and the testimony of the defendant was proven to have attempted theft in a shop owned by witness sishadi. with the fulfillment of all the elements in article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code, the defendant is legally and convincingly proven guilty of committing a criminal act of attempted theft in aggravating circumstances, in accordance with article 363. and in the absence of excuses and excuses. the justification for the defendant's actions, the defendant can be sentenced as a result of his actions. what is meant by justifying reasons are reasons that eliminate the unlawful nature of the act, so that what the defendant does is a proper and correct act, while the excuse for forgiveness is the reason that erases the defendant's guilt. with the proof that the defendant has committed a crime that meets the elements in article 363 paragraph (1) 3 in conjunction with article 53 of the criminal code, the maximum penalty that can be imposed on the defendant is of the criminal threats contained in the provisions of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 342 issn print 2086-6852 and issn online 2598-5892 article, namely 7 (seven) years, so that the maximum penalty is 3 (three and a half) years. however, in his decision, the judge only sentenced him to 3 (three) months in prison. based on the legal considerations above, it can be seen that the judge in making the decision is in accordance with the laws and regulations that apply to criminal acts of children, namely the juvenile court act. where it can be seen from the imposition of imprisonment in accordance with the provisions of article 26 paragraph (1) of law number 3 of 1997 concerning juvenile court. in addition, before making a decision, the judge had also listened to the research report from the correctional supervisor. this is in accordance with article 59 paragraph (2) of law number 11 of 2012 concerning the juvenile criminal justice system. in making a decision against a minor, the judge must consider the research report from the community counselor, otherwise the decision will be null and void. this case of theft by minors is examined and decided by a single judge. this is in accordance with article 11 paragraph (1) of law number 11 of 2012 concerning the juvenile criminal justice system, which states that judges examine and decide cases of children at the first level as sole judges. 4. conclusion in the regulation of criminal acts of theft, which are committed by minors in the criminal code, that in the criminal code against children who commit acts that violate the law before the age of sixteen (16), the sanction imposed is to be returned to his parents or guardians or to maintain him without any punishment. in addition to being returned to the parents, the guilty child can also be handed over to the government without any crime, if the act committed is a crime or one of the violations. and two years have not passed since being declared guilty for committing a crime or one of the violations, the decision becomes permanent or imposes a sentence. based on this, the crime of theft committed by minors is a form of crime so that children who commit the crime of theft can be subject to sanctions in accordance with what is stated in article 45 of the criminal code. however, article 45 of the criminal code is no longer valid because there are new regulations governing naughty children, which are contained in article 4 paragraphs (1) and (2) of law no. 3 of 1997 concerning the age limit of naughty children who can be submitted to the juvenile court is at least 8 (eight) years but has not yet reached the age of 18 (eighteen) years and has never been married and in the event that the child commits a crime at the age limit referred to in paragraph (1) and submitted to a court hearing after the child in question exceeds the age limit, but has not yet reached the age of 21 (twenty one) years, it is still submitted to the juvenile court. has determined what is meant by a child, and this law applies specifically to the criminal code, especially with regard to criminal acts committed by children. the birth of the juvenile court law, later it must also become a reference in the formulation of new articles of the criminal code http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 343 issn print 2086-6852 and issn online 2598-5892 relating to crimes and actions for children. thus, there will be no overlapping or contradicting each other. the regulation regarding the crime of theft itself is regulated in articles 362, 363, 364 and article 365 of the criminal code, and as long as it is not regulated in the law so that it uses the criminal code because in this case law no. 3 of 1997 does not regulate theft so it uses the criminal code. juridical study of the criminalization conducted by judges against the crime of theft perpetrated by minors in the surakarta district court based on law number 3 of 1997 concerning juvenile court. that the surakarta district court judge has acted in accordance with the applicable laws and regulations, namely the criminal code, and law number 11 of 2012 concerning the juvenile criminal justice system. in making a decision, the judge will consider several things, namely: evidence, the fulfillment of the elements of a criminal act, aggravating and mitigating factors, and the presence or absence of excuses and justifications. from these considerations, the judge handed down a decision against the naughty child. the punishment carried out by the surakarta district court judge against a minor who commits the crime of theft is still far from the maximum penalty that can be imposed, which is in accordance with article 11 paragraph (1) of law number 3 of 1997. in determining the severity the law provides freedom for judges to determine the severity of the crime to be imposed between the minimum and maximum penalties contained in the article in question. references aripin, z. (2020). implementation of laws on the criminal jurisdiction system using a restorative justice approach (a case study at „aisyiyah legal a id institute, central java). law and justice, 5(2), 145–160. budiastuti, s. r., & hermoyo, b. (n.d.). the assistance of community counselor towards children in conflict with the law in surakarta. journal homepage: www. ijrpr. com issn, 2582, 7421. giacalone, r. a., & greenberg, j. (1997). antisocial behavior in organizations. sage. jarudin, s., kemal, e., rahmat, w., & yusri, r. (2019). at-tadīb as the education punishment: an analysis of reasons for beating the children in islamic law (a case study junior high school in indonesian). seword fressh 2019: proceedings of the 1st seminar and workshop on research design, for education, social science, arts, and humanities, seword fressh 2019, april 27 2019, surakarta, central java, indonesia, 27. kadish, s. h., schulhofer, s. j., & barkow, r. e. (2022). criminal law and its processes: cases and materials [connected ebook with study center]. wolters kluwer law & business. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 344 issn print 2086-6852 and issn online 2598-5892 kaplan, j., weisberg, r., & binder, g. (2014). criminal law: cases and materials. wolters kluwer. kumara, g. d. b. m., dewi, a. a. s. l., & sudibya, d. g. (2019). penahanan anak yang melakukan tindak pidana pencurian dengan kekerasan (studi kasus nomor: 6/pid. susanak/2017/pn dps). jurnal analogi hukum, 1(1), 62–66. lubis, a. a. (2021). the role of the ditreskrimum in handling the crime of motor vehicle theft perpetrated by minors in the riau regional police legal territory. police studies review, 5(11). redmayne, m. (2015). character in the criminal trial. oxford monographs on criminal. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sibarani, s. (2015). court verdict anomaly that dropped punishment against children under 12 (twelve) years old. jurnal dinamika hukum, 15(3), 245–250. tyas, d. a. r., & rodiyah, r. (2020). the handling of criminal act of theft with violence by children of the directorate of criminal investigation of the central java regional police. journal of law and legal reform, 1(2), 273–278. williams, g. l. (1953). criminal law. stevens. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 394 abstain voter (golput) on implementation simultaneous regional head elections(pilkada) in surabaya during the corona pandemic andy christanto santoso, woro winandi faculty of law, narotama univercity surabaya e-mail: gila1981@gmail.com abstract the implementation of simultaneous regional head elections (pilkada) during the covid-19 pandemic was faced by the people of indonesia in 2020. the east jave government especially issued several regulations where all of these regulations have the same purpose, namely limiting social interactions or it can be called psbb vol. 1, psbb volume 2, psbb volume 3. on december 9, 2020, indonesia will carry out the pilkada. from the past pilkada experience, the number of people interested in casting their votes has decreased over time. based on the spirit or mother of all laws in indonesia. does it reflect social justice for all indonesian people? what innovations should the government make during this pandemic so that there is no clash between regulations issued during this pandemic? keywords : pilkada serentak, psbb, jawa timur, golput, pandemic, corona 1. introduction the corona pandemic has hit all over the world, especially indonesia. in 2020 the indonesian state is conducting a democratic party by carrying out direct regional head elections or called pilkada. there is a dilemma here, on the one hand, mass gathering is one of the triggers for the spread of covid, while the pilkada is a party for the indonesian people, where mass gathering occurs. how to overcome these two (2) things so that everything can be achieved with a win-win solution (ulum, 2011). when the corona pandemic occurred in indonesia, the government had issued several rules or laws aimed at preventing and reducing the spread of covid-19. one of the efforts made by the government is to carry out psbb, where in the law the public is required to obey and do 3m, namely: menggunakan masker (using masks), mencuci tangan (washing hands), and menjaga jarak (maintaining distance) (mariska, 2022). pilkada in 2020 are a challenge for the government because indonesia is currently being hit by a non-natural disaster, namely covid-19. the government issued a perpu on pilkada. the government will continue to conduct the pilkada on september 9, 2020 with the conditions described in the law (prajoko, 2017). pilkada is one of the efforts made by the government to create a good democratic party. from the first pilkada held in 2005 until before 2020 there were several obstacles or challenges http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:gila1981@gmail.com ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 395 faced, some examples: (1) dissemination of fake news by political opponents against opposing candidates; (2) serangan fajar by certain elements so that their potential partners are chosen by the community; (3) the public's interest in using their voting rights by coming to the tpu is very low or it can also be called as many who become abstain voter (golput) (adia & perdanab, n.d.). during the corona pandemic, collecting mass has actually violated the covid regulations law number 6/2018 “concerning health quarantine”. in chapter xiii of law number 6/2018 it is explained about criminal provisions, precisely in article 93 it is regulated regarding criminal sanctions for people who do not comply with or hinder the implementation of health quarantine. pilkada in east java, especially surabaya, on december 9 yesterday was a democratic party for the indonesian people in making choices. who is the right person to be the mayor? by holding pilkada, indirectly it also includes an effort to gather the masses to exercise or exercise their voting rights in pilkada. however, the government provides a solution, which is to collect time for campaigning and must follow the covid protocol, in accordance with pkpu no. 6 of 2020 which was updated with pkpu no. 10/2020 which contains health protocol obligations in all stages of pilkada (chaniago, 2016). authors are interested in discussing the number of participation rates that have fluctuated and tend to decrease. in the 2015 pilkada, the participation rate was only 70 percent, in 2017 it increased to 74.20 percent, and in the simultaneous pilkada in 2018, the participation rate again decreased to 73.24 percent (anriani, 2018). in order to maintain legitimacy, 3 things are needed, namely: (1) power must be exercised according to the rules that have been made; (2) rules must be justified by mutual belief between the government and the governed; (3) the governed party must show an expression of agreement with the ruling party. the number of voter participation using their right to vote is one of the parameters for the success of an election, both in the pemilu and pilkada. the candidates for regional heads who are candidates for election in the regional head elections must try to get approval for their power from the community (rudianto & roesli, 2019). higher the level of public recognition seen from the number of participation in the political process, the more legitimate the process and results of pilkada and pemilu. the impact of the high level of legitimacy of pemilu or pilkada will automatically have an impact on the effectiveness of the government. from the explanation of the research background, the researcher took the following problem formulation: 1. what are the reasons for the citizens of surabaya to become abstentions (golput) on pilkada in surabaya during the corona pandemic? 2. does the government is the represent of the constitution 1945? http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 396 2. research methods in this study, the researcher uses socio legal research methods that focus on facts or data that have occurred in the community (ashshofa, 2007). by using the sociological juridical approach, which aims to obtain legal knowledge empirically by going directly to the subject. therefore, apart from secondary data, namely the applicable laws and regulations, researchers also rely heavily on data obtained from interviews and observations, as well as documents and even memories of certain people who are related to a particular event. requirements to be included in the voter list: in the regulation of kpu no. 11/2019 concerning the second amendment to the regulation of the kpu republic of indonesia no. 11/2018, concerning the preparation of domestic election lists in the implementation of general elections. explain that the voting requirements are:(1) even 17 (seventeen) years of age or more on the voting day, are married, or have been married before; (2) not having mental/memory disturbances; (3) not being revoked the right to vote based on a court decision that has permanent legal force; (4) domiciled in the administrative area of the voters as evidenced by an e-ktp; (5) voters who do not yet have an ektp, voters can use a certificate of e-ktp recording issued by the population and civil registry office or other similar agencies that have the authority to do so; and (7) not currently a member of the indonesian national armed forces, or the indonesian national police. citing the contents of kpu regulation (pkpu) number 18/2020, there are several types of voter lists, namely: (1) permanent voters list (dpt); (2) additional voters list (dptb); (3) transfer voters list (dpph); abstain voter (golput) the scope of golput is very broad because it can be seen from several factors according to eep saifullah fatah dividing golput into 4 types, namely: (1) technical golput is becoming abstainer for certain reasons such as being sick, and not being able to vote; (2) political technical abstentions caused by mistakes made by the kpu or themselves, such as the unavailability of voting papers, are not registered as voters; (3) political abstentions are caused because they do not believe or do not have the right candidate to change for the better; (4) idiological abstentions are those who do not believe in democratic mechanisms and fundamental reasons such as religion or other political ideologies, distinguishes the typology of political participation into three, namely: (1) active participation, participating in proposing proposals or alternatives regarding policies made by the government; (2) passive participation, following and implementing every government implementation; (3) the golput, a group that does not care about the existing political system and even deviates by not voting (kassim, 2021). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 397 the researcher uses the theory of participation in identifying what are the factors for the occurrence of abstentions in surabaya city in the 2020 pilkada. the reason for making pkpu no 10/2020 from the results of the evaluation of pkpu no. 6/2020, where the pkpu was made under normal conditions or not during the corona pandemic period, the pkpu must be revised following conditions that occur in indonesia. as a result of the evaluation, changes were made in several articles which are described in detail in pkpu no. 10/2020 for the protocol for the implementation of the simultaneous regional elections. 3. results and discussion kpu confirmed that the total participation of the people of east java in the 2020 pilkada was 52%. in addition to an explanation of the number of people participating in the pilkada that has been carried out, he also said that the reason for the people who reached 48% to become abstainers is still unknown, and further research needs to be done. according to (setiawan, 2019), the abstention was caused by several things, namely: (1) absence as a form of distrust of the political system, (2) absence as a reaction to people's dislike of the ruling regime. (3) distrust of political parties and candidates. (4) socio-economic status background factors, socio-economic status variables that can be measured are occupation, education, and income level (utami, 2021). the results obtained in the field by the authors are, they prefer to make money by selling rather than coming to the tpu to exercise their voting rights, because they feel that during this corona pandemic, many rules have been issued by the government to cope with the spread of this corona virus and the impact of the corona virus. the rules issued are expected to reduce the intensity of the community to group together. this causes traders to experience a very significant decrease in income. according to d i (initials of the respondent's name) who is a street vendor in east surabaya, he is: "i'd rather open my shop bro, instead of choosing, if i don't open a shop, what will i eat at home, psbb this is more quiet bro, the streets are quiet, there are a lot of people who buy. besides, i also don't know who will be elected or the candidate bro." from the narrative, it has described several reasons why someone chooses to become abstention according to asfar. the results of the researcher's interview with respondents who exercised their voting rights regarding the implementation of pkpu no. 10/2020 regarding health protocols during the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 398 elections that were implemented at the tpu, setiawan, one of the oil company employees in indonesia who exercised his right to vote, said: “actually, pilkada are the right of every indonesian citizen. so in this democratic party, every citizen must participate in the implementation of the democratic party, even though when the pilkada in east java coincided with the covid-19 period, the kpu officials carried out health protocols very well. so there is no reason for the people to choose not to use their voting rights in this election." from the explanation of the results of the interview, it can be concluded that the government is very concerned about the safety of indonesian citizens in the implementation of the pilkada. this is a representation of the 1945 constitution. 4. conclusion the researcher concludes that the research results obtained from the interviews are the reason for the people of surabaya to become abstentions is, socio-economic factors both in terms of work, education, and income greatly influence a person to participate in the pilkada. so this is what the government needs to pay close attention to in the future so that fewer people choose to become abstainers. the government is the represent of the constitution 1945, because the govermment facilitates all tpu and implements health protocols very well. this is a representation of the 1945 constitution, namely: protecting the entire indonesian nation and all of indonesia's bloodshed. suggestion 1. provide education to the public in stages about the importance of exercising their right to vote in pilkada. 2. the kpu and the covid group are also expected to participate in providing knowledge to the public about the procedures for participating in the elections. 3. it is hoped that the government will try innovative new solutions in the implementation of the pilkada by going directly to the community either directly (accidentally) or coming to their homes and directly asking the community to exercise their right to vote right away. references adia, a. d., & perdanab, a. r. (n.d.). the obstacles in obtaining sustainable democracy: failure in indonesia’s current political party system. anriani, s. (2018). intelijen dan pilkada. gramedia pustaka utama. ashshofa, b. (2007). metode penelitian hukum. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 399 chaniago, p. s. (2016). evaluasi pilkada pelaksanaan pilkada serentak tahun 2015. politik indonesia: indonesian political science review, 1(2), 196–211. kassim, y. r. (2021). rsis commentary: the series-jokowi’s second term: emerging issues. world scientific. mariska, m. a. (2022). golput and its implications. in rsis commentary: the series: jokowi’s second term: emerging issues (pp. 45–48). world scientific. prajoko, r. (2017). general election commission and non-voting behavior (golput): an analysis from political communication perspective. asian journal of applied science and technology (ajast), 1(9), 14–23. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. setiawan, a. (2019). buku pintar hidroponik. laksana. ulum, b. (2011). fatwa of the council of indonesian ulama on golput (vote abstention): a study of contemporary islamic legal thought in indonesia, 2009. miqot: jurnal ilmu-ilmu keislaman, 35(2). utami, d. k. s. (2021). penyelenggaraan pemilihan kepala daerah serentak tahun 2020 di tengah pandemi covid-19 berdasarkan undang-undang nomor 6 tahun 2020. awasia: jurnal pemilu dan demokrasi, 1(1), 13–26. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 246 respect for individual limited company (msmes) for pailit decision sabrina isnintias, moh.saleh faculty of law, narotama university surabaya e-mail:isnintiassabrina@gmail.com abstract ratification of law number 11 of 2020 concerning job creation (job creation law) brings blessings to micro, small and medium enterprises (msmes) entrepreneurs. because it provides convenience, protection, and empowerment to msmes, it is one of the objectives of the creation of the job creation law which is outlined in the form of a derivative, namely government regulation (pp) number 8 year 2021. the job creation law is one of the breakthroughs of the indonesian government to restore a sluggish economy during the covid-19 pandemic, many business sector sectors were hindered and suffered many losses due to the pandemic situation. the pp explains that a limited liability company can be established by 1 (one) founder, specifically pt. individuals (msmes), where this provision raises various questions, one of which is a form of responsibility to a third party (bank) if pt individuals (msmes) are declared in a state of bankruptcy, the purpose of this study is to identify and analyze the legal aspects of pt perseorangan's bankruptcy settlement. the benefits of this research are addressed to individual pt directors and legal experts who face similar cases. keywords : pt individuals, msmes, pailit 1. introduction in the current era of development, the indonesian government is aggressively trying to make the indonesian state progress, one of which is the omnibus law of the job creation act which is predicted to be a creative breakthrough to advance the nation. apart from the various controversies surrounding the discussion, the job creation law is very reformative and phenomenal. for the first time, our government uses the omnibus law method comprehensively for a law. our government argues that the job creation law has a positive impact on economic growth and indonesia's statutory regulations (rusliati, 2020). in the context of accelerating economic recovery, the government has enacted law number 11 of 2020 concerning job creation (job creation law) which was signed by president joko widodo on november 2, 2020, yasonna emphasized that the work creation law was drafted using the method it is hoped that the omnibus law will encourage the acceleration of economic growth through various facilities in doing business (starting business), especially with the existence of an individual company which is a breakthrough to provide convenience for msmes in establishing companies that are legal entities. this individual company is established in a very simple way, namely the founder is only one person and enough with a statement of establishment, which is then registered with the directorate general of general legal administration (ditjen ahu) of the ministry of law and human rights (kemenkumham) and does not require an announcement in an additional state gazette. . for the sake of good and accountable corporate http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt60323da1f146c/node/534/peraturan-pemerintah-nomor-28-tahun-2021 https://www.hukumonline.com/pusatdata/detail/lt60323da1f146c/node/534/peraturan-pemerintah-nomor-28-tahun-2021 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 247 governance, individual companies will also conduct financial reports every year electronically. the ministry of law and human rights will provide a format for individual company financial statements that is very simple and available on the website www.ahu.go.id.jobthrough thiscreation law, the government cuts regulations that impede both the central and regional levels and makes doing business easier, especially for the msmes sector. as is known, the omnibus law of the job creation law has been officially signed by president joko widodo and promulgated as law number 11 of 2020. after being signed, the minister of state secretary through the deputy for law and legislation with letter no: b-437 / kemensetneg / d-1 / hk.00 / 11/2020 dated 2 november 2020 requested that this law be promulgated in the republic of indonesia state gazette as well as in the supplement to the republic of indonesia's state gazette. on the same date, this law was also signed by the minister of law and human rights yasonna laoly and entered the state gazette of the republic of indonesia year 2020 number 245. one of the goals of the job creation law is to create employment and entrepreneurship through the ease of doing business, namely easily obtaining permits , special treatment for mses (medium and small enterprises), easy to obtain business legality (legal entity). in the last few years, the government of indonesia has consistently made gradual improvements to the ease of doing business process. one of the initiatives is launching the online single submission (oss) system in 2018, which serves as the only gateway for applying for business licenses. through the oss platform we are introduced to a business identification number (nib) which must be owned by all business actors regardless of their form of business including limited liability companies (pt). apart from being required when applying for a business license at oss, the nib obtained also applies as a company registration certificate (tdp), import identification number (api), and customs access rights. that way, after the process of establishing a limited liability company (pt) is completed, it can operate for profit, then it can immediately apply for an nib and business license for the pt electronically through oss. all of this was done without having to go to more than one agency repeatedly carrying a pile of documents. this oss procedure is considered to shorten the time and process of establishing pt. since its launch, oss has made various improvements to simplify and clarify the process of obtaining a business license. in law no. 40 of 2007 (uupt), pt is defined as a legal entity that is a capital alliance, established based on an agreement, conducting business activities with authorized capital which is entirely divided into shares and fulfills the requirements stipulated in the company law and its implementing regulations (yustianti & roesli, 2018). pt must be established by a minimum of 2 people. however, this provision does not apply to pt whose shares are wholly owned by the state http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.ahu.go.id/ http://www.ahu.go.id/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 248 or to pt which manages stock exchanges, clearing and guarantee institutions, depository and settlement institutions, and other institutions regulated in the capital market law. after the entry into force of the job creation law, the definition of a pt was changed to a legal entity which is a capital alliance, established based on an agreement, carrying out business activities with authorized capital wholly divided into shares or individual legal entities that meet the criteria for micro and small businesses as stipulated in the laws and regulations. -the act on micro and small enterprises, namely government regulation number 8 of 2021, the company's authorized capital and registration of establishment. the obligations of pts that are established by at least 2 people also experience changes, namely the increase in types of pt, one of which is a pt that meets the criteria for micro and small enterprises. that way, we can establish a pt alone without having to find a partner as long as the business is carried out according to the criteria. micro and small enterprises. in addition, in contrast to pt in general, the process of establishing a pt for micro and small enterprises does not require a deed of establishment, but it is sufficient to use a statement of incorporation in indonesian. in establishing an individual pt, pt owners certainly do not rule out wanting to get additional capital to develop their business, a path that is often taken by pt owners, namely by involving the bank. by applying for a capital loan so that the business being managed can run smoothly without being constrained. however, not everything that has been carefully planned always goes well, sometimes business people (debtors) have difficulty fulfilling their achievements to creditors, due to various things either because of lack of customers or due to negligence in managing the business, especially the pt was declared bankrupt. by the court. if pt persekutuan capital is in a state of bankruptcy, the pt will inevitably be dissolved, by holding a general meeting of shareholders (gms) decision in the form of a notary deed and appointing a liquidator (board of directors or other party), however, in contrast to a private pt, the dissolution of an individual company is stipulated by the decision of the individual shareholders of the company which has the same legal force as the general meeting of shareholders which is set forth in the declaration of winding up and notified electronically to the minister. in article 13 paragraph (1) government regulation number 8 year 2021 explains that in an individual pt, in the event of dissolution, pt individuals will make a statement of dissolution, then article 13 paragraph (3) and paragraph (4) states that the shareholders of pt. this single individual appoints a liquidator, in the event that the shareholder does not appoint a liquidator, the board of directors acts as a liquidator, namely the board of directors or owners of pt. so that only 1 (one) person, namely the sole owner of the pt, the sole owner of pt. individuals can become the liquidator, and the liquidator and owner of pt. individuals are also the same person. there is no http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 249 detailed or clear explanation of the responsibility given to whom, and how the liquidator's accountability mechanism to third parties or the bank. this government regulation number 8 of 2021 only regulates the establishment, amendment, dissolution in a simple manner, but for accountability to third parties there is no detailed and clear explanation. what are the legal consequences when pt.perseorangan is declared bankrupt in connection with a third party (bank)? and what is the form of legal protection for a third party (bank) when a private pt (msmes) is declared bankrupt. 2. research method this research is a normative juridical legal research which aims to find laws and regulations, legal principles and doctrines to overcome current legal problems. (peter marzuki: 2011) besides that. this study is a descriptive qualitative analytical study. literature study is used as a research method considering the study of the legal form of individual pts can be carried out through tracing concepts, government regulations, and implementation through primary legal materials in the form of laws and regulations, secondary materials in the form of books, journals, news. 3. results and discussion legal consequences when pt.perseorangan is declared bankrupt in connection with a third party (bank) establishment of pt. individuals (msmes) in establishing a company, it must be based on the prevailing laws and regulations, especially in law number 40 of 2007 concerning limited liability companies. hereinafter referred to as uupt, although the company law is classified as an economic law specifically regulating the corporate law sector, not all the provisions contained therein are compelling (dwingenrecht, mandatory law). many of the substances are regulating (aanvuelendrecht, directory rule) (yahya harahap: 2019) the establishment of a limited liability company (pt) can be done by one person. this provision is a mandate from law number 11 of 2020 concerning job creation to support ease of doing business. the implementing regulations for the establishment of individual pts are contained in government regulation (pp) no.8 of 2021 concerning the authorized capital of companies and the registration of establishment, amendment and disbanding of companies that meet the criteria for micro and small businesses. in the old provisions, the establishment of a pt at least two people and there was a minimum authorized capital limit was considered to be one of the obstacles for business actors. however, the establishment of an individual pt has procedures and requirements that must be met by business actors. an individual pt can only be established for http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.hukumonline.com/pusatdata/detail/lt603210d8b398b/peraturan-pemerintah-nomor-8-tahun-2021 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 250 the criteria of micro and small businesses. the criteria for a micro business are determined based on a maximum working capital of rp. 1 billion, excluding land and buildings for business premises or annual sales proceeds of a maximum of rp. 2 billion. meanwhile, small businesses are determined based on ownership of business capital of more than idr 1 billion-idr 5 billion excluding land and buildings for your business or have annual sales of more than idr 2 billion-idr 15 billion. this provision is contained in government regulation number 7 of 2021 concerning ease, protection, and empowerment of cooperatives and micro, small and medium enterprises. msmes have a contribution of 60.3 percent of the total gross domestic product of indonesia, and based on the records of the central bureau of statistics, they absorb the most workforce, amounting to 97 percent and 99 percent of total employment. the increase in the number of msmes, in a period of 2 years from 2018, is above 8 million people, namely 64.2 million msmes, although it is important to underline the estimates that there are quite a lot of recurring data records on the same msmes actors. the form of micro, small and medium enterprises refers to article 1 of law number 20 of 2008 concerning micro, small and medium enterprises in the form of individual businesses. abdulkadir muhammad explained that a trading company or an individual company business is a company established and owned by an entrepreneur covering the types of companies trading, service companies and industrial companies. (dijan widijowati: 2012). this company also has no obligation to get approval from its business partners or those we know other directors because of its singular nature, so its dissolution does not require the approval of other parties. a term known in public such as a trading company (pd) or a trading business (ud) is basically an individual company. the formation of an individual pt is a form of development from a pt which was originally only allowed to be established by two or more people. chewaka (2016) states that the formation of the individual pt model is the result of the natural nature of the desire of everyone who wants to form a company with limited responsibilities, but can be founded by only one person (zainal asikin & wira pria suhartana: 2016) the establishment of an individual company may only be made by indonesian citizens (wni). the indonesian citizen must be at least 17 years old and legally competent (article 6 pp company). it is sufficient for the establishment of an individual company to make a statement of establishment in indonesian. the statement of establishment is registered electronically with the minister of law and human rights with the following contents (article 7 pp company): 1. name and domicile of individual company; 2. the period of establishment of an individual company; 3. purpose and objectives and business activities of an individual company; 4. total authorized capital, issued capital, and paid up capital; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 251 5. the nominal value and number of shares; 6. address of the individual company; and 7. the full name, place and date of birth, occupation, residence, resident registration number, and tax identification number of the founder as well as the director and shareholder of an individual company. after that, the individual company will get the status of a legal entity by obtaining an electronic registration certificate (article 6 pp company). the status of the legal entity is announced on the official page https://ahu.go.id/. change of legal entity status of individual companies is a special legal entity, which is intended for msmes. therefore, there are several conditions that make an individual company have to change its legal entity status to become a company in general, namely as follows (article 9 pp company): shareholders become more than 1 (one) person; and / or no longer meet the mse criteria. regarding mse criteria, you can see the criteria in articles 35-36 of government regulation number 7 of 2021 concerning ease, protection and empowerment of cooperatives and micro, small and medium enterprises. the change in the status of a legal entity must be carried out by means of a notary deed and subject to the legal provisions concerning the company (article 9 paragraph (3) pp company) the form of legal liability for private companies (msmes) even though it is established by only 1 (one) person, the legal liability for an individual company follows that of a company in general. limited liability is adopted in individual companies, meaning that the shareholders (founders) are only responsible for the amount of shares they own. this is stated in article 153j paragraph (1) of the job creation law, namely "the shareholders of the company for micro and small enterprises are not personally responsible for the engagement made on behalf of the company and are not responsible for the company's losses exceeding the shares owned." however, the shareholder (founder) becomes responsible up to his personal assets, if (article 153j paragraph (2) of the job creation law): the requirements of the company as a legal entity have not been or are not fulfilled; shareholders in bad faith use the company for personal gain; shareholders are involved in illegal acts committed by the company; or shareholders unlawfully use the company's assets, which results in the company's assets being insufficient to pay off the company's debts. dissolution of pt.perseorangan (msmes) dissolution of an individual company must be carried out through a decree of the shareholders of an individual company. this decision has legal force like the general meeting of shareholders (gms). the decree is set forth in the declaration of disbandment and notified electronically to the minister (article 13 paragraph (1) pp company). the reasons for the dissolution are as follows: based on the shareholder's decision; the standing period has ended; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 252 based on court order; with the revocation of bankruptcy based on the decision of the commercial court which has permanent legal force, the bankruptcy assets of an individual company are not sufficient to pay bankruptcy costs; bankrupt assets of an individual company that has been declared bankrupt are in a state of insolvency as regulated in the bankruptcy law and postponement of debt payment obligations; or the revocation of the business license of an individual company so that it requires an individual company to carry out liquidation by filling out a statement of dissolution. in order to attract msmes players, this individual company receives a fee waiver for its establishment. its establishment does not require a notary deed. in addition, the founders of the company act directly as directors. finally, a company founder can only establish 1 (one) individual company in a year. concept of bankruptcy in companies in indonesia, formally, bankruptcy law has existed and there has even been a special law since 1905 with the enactment of staatsblad 1905-217 juncto staatsblad 1906-348. in fact, in everyday life people are familiar with the words bankrupt. the staatsblad 1905127 and staatsblad 1906-348 were later amended by legislation no. 1 of 1998, which was later accepted by the house of representatives (dpr) so that it became law no. 4 of 1998. law no. 1 of 1998 is on amendments to the bankruptcy act, which was then revised by act no. 37 of 2004 on bankruptcy and suspension of payment (munir fuady,:2014) bankruptcy is a situation in which the debtor is unable to make the payments to debts from its creditors. the condition of being unable to pay is usually due to financial distress from the debtor's business which has experienced a setback. ( m. hadi shubhan: 2009) meanwhile, bankruptcy is a decision issued by the court which results in general confiscation of all assets owned and assets. which will be owned by the debtor at a later date. the management and settlement of bankruptcy are carried out by the curator under the supervision of the supervisory judge, the two officials who are directly appointed at th e time the bankruptcy decision is read. according to article 2 paragraph (1) of law number 37 year 2004 (uukpkpu) which defines bankruptcy as follows: "a debtor who has two or more creditors and does not pay in full at least one debt that has matured and can be collected, is declared bankrupt with a verdict. the court either at its own request or at the request of one or more creditors. requirements to be declared bankrupt: a. there is a state of stopping paying, that is, when a debtor is unable or unwilling to pay his debts. b. there must be more than one creditor, and one of them, the debt is already collectible. in general, for a statement of bankruptcy it does not need to show that the debtor is unable to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 253 pay his debt, and does not care, whether to stop paying it as a result of not being able to or dont want to pay. according to article 2 of law number 37 year 2004 concerning bankruptcy, the applicant in a bankruptcy case is one of the following parties: 1. the debtor itself. 2. one or more creditors. 3. the prosecutor's office when it comes to public interest. 4. bank indonesia if the debtor is a bank. 5. the capital market supervisory agency if the debtor is a securities company, stock exchange, clearing and guarantee institutions, as well as a depository and settlement agency. 6. the minister of finance if the debtor is an insurance, reinsurance, pension fund, or bumn company engaged in the public interest. due to the absence of the involvement of the notary as in the capital alliance limited liability company in general. the process of establishing and ratifying an individual pt legal entity is considered to be simpler than that of an ordinary pt. because it is intended specifically for mses so that msmes can obtain legal entity status by simply registering and showing proof of registration of pt.perseoranagan in the ahu system electronically. pt. individuals who have become legal entities will be able to easily apply for capital loans from third parties / banks to advance their business. the establishment of this pt can be done by making a statement of establishment and filling out forms directly online via a web platform or mobile phone application. in fact, third party assistance is also opened to accommodate msmes. the legal entity ratification process is fast due to electronic registration. after all required forms and documents are complete and have paid the establishment fee. mse players are fully responsible for the accuracy of the information conveyed in the filling in the form they submit. in law number 11 of 2020 concerning job creation, there are new things, namely micro and small companies which are regulated in article 153 which is divided into 10 articles (153a, 153b, 153c, 153d, 153e, 153f, 153g, 153h, 153i, 153j ), among these articles relating to the establishment of a company are as follows: article 153a 1) companies that meet the criteria for micro and small enterprises can be established by 1 (one) person. 2) the establishment of a company for micro and small businesses as referred to in paragraph shall be based on a statement of establishment made in indonesian. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 254 3) further provisions regarding the establishment of a company for micro and small enterprises are regulated in a government regulation. regarding the form of the company owned by a person previously existed in countries that embrace lawsystem thecommon such as america, britain, and malaysia are company yangdimiliki by one person and has limited liability. however, the legislation of that state governing the enterprise(company)have restrictions are very strict. (nindyopramono, 2011). in addition, shareholders in micro and small companies also have a limited responsibility like a non-microsmall company, this is confirmed in article 153 j paragraph (1), which reads: "company shareholders for micro and small enterprises are not personally responsible. for an engagement made on behalf of the company and not responsible for the company's losses in excess of the shares it owns ”. we know that this pt perorangan is a sole proprietorship, so that the form of responsibility is only up to the paid-up capital. the dissolution process is also considered very simple and carried out electronically, however, the company liquidation and settlement process does not follow what is stated in the applicable company law, where at pt persekutuan modal (pt ordinary) which is dissolved, namely a gms with a notarial deed, then by appointing a liquidator / board of directors or other party, but different from pt perorangan related to the dissolution, namely by only making a share decision statement, then this sole shareholder appoints a liquidator, which can be the owner or the board of directors, for the owner and the board of directors are single or the same person. pt perorangan does not mention the existence of a commissioner, where the commissioner is in charge of supervising the related directors. so that it seems that there is a high probability that the directors of pt perorangan will make mistakes or negligence, one of which causes pt. the individual is declared bankrupt and experiences insolvency. if pt. the individual has been declared bankrupt by the court so it is clear that there will be dissolution. in pp no. 8 of 2021 concerning the authorized capital of the company and the registration of establishment, amendment and disbursement of companies that meet the criteria for micro and small businesses, it is not regulated and explained in detail regarding the dissolution of pt due to bankruptcy, will automatically open the opportunity to dispute with third parties. it is recommended that pt. individuals still have the same organ structure as a limited liability company (ordinary pt), namely the existence of the gms, the board of directors and the board of commissioners, even though the three organs are held by the same person. this needs to be clearly stated in the statement of the establishment of an individual pt as well as changes in its composition if any. in line with the number of shareholders who are one person, the minimum number of directors and commissioners is 1 (one) person each. the responsibilities of the board of directors (fiduciary duty) and the board of commissioners are the same as those of an ordinary pt. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 255 so that in making the statement of establishment of pt perorangan, a clause on the mechanism of accountability for third parties is made clearly and in detail if the pt is experiencing bankruptcy, this will make both parties, both the debtor (pt. perorangan) and the creditor (bank) no one is harmed. forms of legal protection against third parties (bank) when pt. individuals (msmes) are declared bankrupt. forms of legal protection for third parties (bank) the existence of arequirement concursus creditorium is a consequence of the enactment of the provisions of article 1131 burgerlijk wetboek where the bankruptcy ratio is the fall in general confiscation of all debtor's assets, then after a debt-receivable verification meeting does not reach peace or accoord, a liquidation process is carried out for all debtor's assets to then distribute the proceeds to all creditors according to the order of creditors' level as regulated by article 1132. the civil code states that all debtor's assets become joint guarantees for his creditors, and if the bankrupt debtor who is used as collateral in the settlement of his debts is transferred or sold to a third party, then the assets can be returned to their original state withdemands actio pauliana's accepted by h court. actio pauliana can be interpreted as a creditor's or curator's right to demand the cancellation of a debtor's legal action which harms his creditors, this authority is generally regulated in article 1341 of the civil code. indonesia as a state based on law is stated in article 1 paragraph (3) of the 1945 constitution of the republic of indonesia. it is the state's obligation to guarantee the rights of every citizen by providing these rights in the form of legal protection. legal protection is the right of every citizen and should be implemented as best as possible. likewise, legal protection must be given to a third party to claim their right to cancellation with the debtor due to the existence of actio pauliana. creditors through actio pauliana are given an effort to prosecute the rights of the debtor (ida ayu kade winda swari: 2014) which can be said to be actio pauliana, namely; 1. a right or legal protection that is owned by a creditor at any time if he feels aggrieved. 2. an action taken by a debtor to transfer his / her rights to property that is detrimental to his creditor if he feels that he is threatened to be declared bankrupt in bad faith. 3. one thing that must be proven with whom the debtor has taken legal action as mentioned above is that the "debtor" knows that the act committed can harm the creditor (adrian sutedi; 2009). with the existence of a bankruptcy statement addressed to the debtor, the debtor for the sake of the law since the day declared bankruptcy loses the right to control his assets, and who subsequently takes care of the activities and settlement of the debtor's bankruptcy is taken over by the curator, this is the duty and authority of the curator (kadek indra dewantara: 2019) states that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 256 rights owned by third parties must be protected against objects obtained in good faith. likewise, the civil code states in article 1341 that the rights obtained by third parties in good faith over the objects that become objects must be protected. as for the explanation regarding article 49 paragraph (3), namely "the rights of third parties over objects as referred to in paragraph (1) which are obtained in good faith and not for free, must be protected." in connection with the article above, article 49 paragraph (4) states that "objects received by the debtor or its replacement value must be returned by the curator as long as the bankruptcy property benefits, while for the shortcomings, the person against whom the cancellation can appear as a concurrent creditor." observing the article above, it can be understood that the third party will receive a replacement value if the bankruptcy assets are sufficient to settle the bankruptcy or in other words there is time to replace it. if the bankruptcy assets are not sufficient in resolving the bankruptcy, compensation for losses suffered by third parties can be prosecuted by appearing only as a concurrent creditor. the position of the third party as a concurrent creditor does not guarantee that he will receive compensation with the same value as issued, the problem is that the debtor's bankruptcy assets that have been auctioned are in the hands of a third party after the assets have been shared with the preferred creditor, so that legal protection for the party the third form of legal protection is that the third party can appear as a concurrent creditor whose debt repayment is sufficient from the sale and auction of the debtor's bankruptcy assets whose first part has been divided by separatist or preferred groups, and the second form of third party legal protection, namely by a means of legal protection (coercion) repressive where protection is given to legal subjects in terms of dispute resolution that enter the realm of the court. 4. conclusion the legal consequences for a third party (bank) if a pt. individual is declared bankrupt will affect the position of the third party (bank) as a financing institution where the government should formulate regulations on msmes that clearly state the responsibility mechanism of pt. to a third party if the pt is experiencing bankruptcy, in which the role of the third party (bank) is to assist pt. individuals to develop the msmes business. it is recommended that pt. individuals still have the same organ structure as a limited liability company (ordinary pt), namely the existence of the gms, the board of directors and the board of commissioners, even though the three organs are held by the same person. this needs to be clearly stated in the statement of the establishment of an individual pt as well as changes in its composition if any. in line with the number of shareholders who are one person, the minimum number of directors and commissioners is 1 (one) person each. the responsibilities of the board of directors (fiduciary duty) and the board of commissioners are the same as those of an ordinary pt. so that in making the statement of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 257 establishment of pt perorangan, a clause on the mechanism of accountability for third parties is made clearly and in detail if the pt is experiencing bankruptcy, this will make both parties, both the debtor (pt. perorangan) and the creditor (bank) no one is harmed. the government does not state clearly and in detail in the formulation of uuck and in government regulation number 8 of 2021 concerning third party (bank) protection if pt. individuals go bankrupt, but the government has prepared weapons of war for pt. individuals (msmes) if any other parties are suing, the government has prepared full legal assistance for the pt. the individual and also the role of the notary was not involved at all. it would be nice for the government when formulating the rules on uuck, especially regarding msmes, it must be clearer and more detailed so that when the regulation has been formalized, the public and especially financial institutions can be protected by the interests of the parties concerned. the government should be able to minimize the risk of a lawsuit against the private pt (msmes), namely by providing clear and detailed rules in these rules. then the role of a notary should be involved to guarantee the legal certainty of the parties concerned because of the notary's impartial nature, and the notary can also transcribe the agreement in the form of an authentic deed so that the interests of the parties can be protected if one of the parties fails to fulfill his / her achievement (default), or maybe the debtor is in a difficult / difficult situation, or he is also in bankruptcy. so that in pp number 7 of 2021 not only pt. individuals (msmes) can get legal protection, but financing institutions or third parties (bank) can also protect their interests. references adrian sutedi (2009), bankruptcy law, bogor: ghalia indonesia. dijan widijowati, (2012). commercial law, yogyakarta: andi offset. herlin budiono (2017), basic technique of making notary deeds, bandung: pt. cotra aditya bakti. ida ayu kade winda swari (2014), legal protection of creditors' interests due to actio pauliana in bankruptcy law ”, kertha semaya. kadek indra dewantara (2019) authority of curators in managing and controlling bankrupt debtor's assets ”, kertha semaya, vol. 7, no. 9. m. yahya harahap, (2019). limited liability company law, jakarta: sinar grafika. munir fuady, bankruptcy law in theory and practice (2014) bandung: pt. citra aditya bakti. m. hadi shubhan (2009), bankruptcy law: principles, norms and practices in justice, jakarta: kencana. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 258 mansastrawidjaya (2006), bankruptcy law and postponement of debt payment obligations, bandung: alumni. peter mahmud marzuki, (2011). legal research, jakarta: kencana prenada media group. rusliati, e. (2020). an innovation for the resilience and development of msmes in majalengka regency, indonesia. 6th international conference on social and political sciences (icosaps 2020), 632–643. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. zainal asikin & wira pria suhartana, (2016). introduction company law, first edition, jakarta: prenada media group. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 430 issn print 2086-6852 and issn online 2598-5892 transfer of agricultural land function in relation to spatial law on yusuf efendi 1* , mohammad roesli 1 , asep heri 1 1 faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: fendinh688@gmail.com article history: received: oktober 23, 2022; accepted: january 10, 2023 abstract the purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. the research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. agricultural land products have received protection in accordance with the ratification of law no. 41 of 2009 and this is also reinforced by presidential regulation no. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration. keywords: land, land, agriculture, constitution, law 1. introduction indonesia is a developing country that cannot be separated from modernization. the modernization paradigm that has been developing so far is that developed countries are industrial countries (roesli et al., 2017). thus, if indonesia wants to become a modern country, it must change itself from an agrarian country to an industrial country, and for that economic growth becomes its development paradigm. however, the impact of such a development pattern is that farmers are evicted and lose their land, land speculation is rampant, land control is concentrated in one or a certain group of people, and various other land tenure patterns that are far from democratic and justice values. indonesia is a country that has abundant natural resources (zhong et al., 2011). natural resources are managed by the government with the aim of prospering the people. this is stated in article 33 paragraph (3) of the 1945 constitution of the republic of indonesia "that the earth, water and natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people". one of them is in the field of land. soil is one of the important natural resources for human survival. human life is almost largely dependent on land, both for livelihoods, needs for clothing, housing, food and other religious needs. the reality in society, people will http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 431 issn print 2086-6852 and issn online 2598-5892 always try to defend an inch of their land. so that in their lives, the community will never be separated from matters related to land (binswanger et al., 1995). since ancient times, people have started to use land as their livelihood, namely by farming. the large number of agricultural lands that are managed because of the large number of people who carry out farming activities so that the state of indonesia is called an agrarian country where the agricultural sector is the main commodity to produce food for its people. the era of globalization has had a negative impact on the state of indonesia (yang et al., 2020). currently, indonesia has lost its nickname as an agricultural country. many agricultural land conversions (conversions) have been carried out. as a result of this agricultural land conversion, it will have an impact on national food security. where, the indonesian state must import food to continue to meet the needs of the community. and the most regrettable thing is the conversion of productive agricultural land into residential land due to the large demand for housing (mcsweeney et al., 2017). land conversion or commonly referred to as land conversion is defined as a change in the function of part or all of the land area from its original function (as planned) to another function that has a negative impact (problem) on the environment and the potential of the land itself. with the increase in population that occurs every year, it will also result in an increase in population density (zhang & wu, 2017). the higher population density without being accompanied by the addition of residential land area will result in increased land use change. this requires attention from the government, especially local governments in anticipating the occurrence of uncontrolled land conversion. in this case, the role of the government is very necessary to prevent the conversion of agricultural land into settlements. therefore, to protect the existence of productive agricultural land that has been converted into a residential area whose purpose is to provide protection for food security and independence, the government has passed law number 41 of 2009 concerning protection of sustainable food agricultural land (kocur-bera & pszenny, 2020). 2. research methods in this writing, the author uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by theories and legal principles related to the problems studied. thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. legal materials for this research were obtained through library research in order to obtain various materials related to the problem being studied, books and scientific works, papers, newspapers and field studies which are expected to provide an overview of the problems being studied. and the data collected was http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 432 issn print 2086-6852 and issn online 2598-5892 processed in order to obtain legal material that is ready to be analyzed. the analysis of the legal material is carried out deductively in accordance with the problem approach in this study. with this kind of analysis, it will be able to provide conclusions to the problems discussed in this study. 3. results and discussion transfer of agricultural land functions in relation to spatial law and spatial planning settlement is an area or land used as a residential area or residential environment and a place for activities that support people's lives. in general, there are many houses in residential areas. in article 4 of law no. 4 of 1992 concerning housing and settlements, states that settlements are defined as "part of the environment outside the protected forest area, both in the form of urban and rural areas that function as a unit of residential environment or residential environment and a place for activities that support livelihoods and livelihoods. however, this law is no longer used because it is not in accordance with the development and needs of decent and affordable housing and settlements in a healthy, safe, harmonious and orderly environment.then law no. 4 of 1992 was replaced with law no. 1 of 2011 (widowaty & wahid, 2021). in law no. 1 of 2011 concerning housing and settlement areas, it is explained that "settlements are part of a residential environment consisting of more than one housing unit. article 106 of law no. i of 2011 stipulates that the provision of land for the construction of houses, housing, and residential areas can be done through: a. the granting of land rights to land controlled directly by the state. b. land consolidation by land owners. c. transfer of rights or relinquishment of land rights by land owners. d. utilization and transfer of state-owned or regional-owned land in accordance with statutory regulations. e. utilization of state land, former abandoned land. f. procurement of land for development for the general interest in accordance with the provisions of the legislation. there is one key word that land is one of the strategic elements of space and its use is related or related to regional spatial planning. regional spatial planning, contains a commitment to implement a consistent and consistent arrangement within the framework of land policy based on law no. 5 of 1960 concerning basic agrarian regulations (sanjaya & widayati, 2022). in line with the above description, article 33 paragraphs (1) to (5) of law no. 26 of 2007 concerning spatial planning (state gazette of 2007 no. 68) emphasizes more clearly the correlation between land use and spatial planning with a complete description as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 433 issn print 2086-6852 and issn online 2598-5892 1) space utilization refers to the function of space specified in the spatial plan carried out by developing stewardship land, water stewardship, air stewardship and other natural resource stewardship. 2) in the framework of developing the stewardship as referred to in paragraph (1), activities are carried out for the preparation and determination of the land use management balance, the water resources management balance, the air resources management balance, and the other natural resource management balance sheet. 3) land use in the space planned for the construction of infrastructure and facilities for interest gives first priority to the government and regional government to receive the transfer of land rights from the holder of land rights 4) in the use of space in a protected function space, the first priority is given for the government and regional government to accept the transfer of land rights from the holders of land rights if the concerned will relinquish their rights. in article 2 of the law on spatial planning (uupr), it is emphasized that: "within the framework of the unitary state of the republic of indonesia, spatial planning is carried out based on the principles: a. integration what is meant by "integration" is that spatial planning is carried out by integrating various interests that are cross-sector, cross-regional, and cross-stakeholder stakeholders, among others, are the government, regional government, and the community b. harmony, harmony and balance what is meant by "harmony, harmony and balance" is that spatial planning is carried out with realize harmony between spatial structures and spatial patterns, harmony between human life and the environment, balance growth and development between regions as well as between urban areas and rural areas c. sustainability what is meant by "sustainability" is that spatial planning is carried out by ensuring the preservation and n continuity of the carrying capacity and capacity of the environment by taking into account the interests of future generations. d.usability and effectiveness what is meant by "usability and usability" is that spatial planning is carried out by optimizing the benefits of space and the resources contained therein as well as ensuring the realization of quality spatial planning. e. openness http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 434 issn print 2086-6852 and issn online 2598-5892 what is meant by "openness" is that spatial planning is carried out by providing the widest possible access to the public to obtain information related to spatial planning. f. togetherness and partnership what is meant by "togetherness and partnership" is that spatial planning is carried out by involving all stakeholders g. protection of public interest what is meant by "protection of public interest" is that spatial planning is carried out by prioritizing the interests of the community. h. legal certainty and justice what is meant by "legal certainty and justice" is that spatial planning is carried out on the basis of laws/statutory provisions and that spatial planning is carried out by taking into account the community's sense of justice and protecting the rights and obligations of all parties fairly with guaranteed legal certainty. i. accountability what is meant by "accountability" is that the implementation of spatial planning can be accounted for, in terms of the process, the financing, and the results (bergsteiner, 2012). the objectives of spatial planning are explained in article 3 of the law on spatial planning (uupr), namely: "the implementation of spatial planning aims to create a safe, comfortable, productive, and sustainable national space based on the archipelago insight and national resilience by: a. the realization of harmony between the natural environment and the artificial environment. b. the realization of integration in the use of natural resources and artificial resources with due regard to human resources, and c. the realization of the protection of spatial functions and prevention of negative impacts on the environment due to the use of space.” 2. management land use management is the same as the spatial use management pattern which includes the control, use and utilization of land in the form of consolidated land use through institutional arrangements related to land use as a unified system for the benefit of the community in a fair manner (erb et al., 2017). in law number 26 of 2007 concerning spatial planning, it is stated that "spatial planning, structure, and spatial patterns which include land use, water use and other resource use". in this regard, land use management is an inseparable part of spatial planning, or a subsystem of spatial planning. currently, land use is the most dominant element in the spatial planning process. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 435 issn print 2086-6852 and issn online 2598-5892 in article 3 of government regulation no. 16 of 2004 explicitly states 4 objectives of land use management, namely: a. regulate the control, use and utilization of land for various needs for development activities in accordance with the regional spatial plan. b. realizing the control, use and utilization of land in accordance with the direction of the function of the area in the regional spatial plan. c. realizing land order which includes control, use, and utilization of land including land maintenance and control of land use. d. guaranteeing legal certainty to control, use and utilize land for people who have legal relations with the land in accordance with the determined regional spatial plan. 3. basic competencies of land function transfer land based on positive law in indonesia is a state right that is intended entirely for the prosperity of the people, land is a state-owned unit which covers all land and seas within the limits set by national law covering land areas, inland waters, waters the archipelago and the territorial sea along with the seabed and subsoil thereof, as well as the air space above it, including all sources of wealth contained therein as stated in article 1 paragraph 1, law no. 43 of 2008 concerning state territories and international law (continental shelf boundaries, eezs, territorial and jurisdictional boundaries) "uti possidetis juris" regional development and development based on the principles of autonomy and decentralization that occurs has reduced the function of green open spaces, according to a ministerial regulation pu no. 5 of 2008 concerning guidelines for provision and utilization of green open space in urban areas; (a) guaranteeing the provision of green open space to be part of the air circulation system (city lungs), (b) microclimate regulator so that the air and water circulation system naturally runs smoothly, (c) as shade, (e) oxygen producer ( f) provider of animal habitats (g) absorbent of air, water and soil media pollutants and (h) windbreaks. according to huisman, the government's authority in the concept of the rule of law from the law states that government organs do not consider having government authority by law, followed by that authority comes from legal ethics. land conversion should at least pay attention to; 1. the area of land to be transferred; 2. potential loss of food yields due to conversion; 3. value of risk due to conversion; 4. impact on decreasing absorption of agricultural labor and; 5. estimation of socio-cultural changes http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 436 issn print 2086-6852 and issn online 2598-5892 in land conversion in the regulation of the minister of agriculture number 81 of 2013 concerning technical guidelines for the transfer of functions of sustainable food agricultural land concerning technical guidelines for the procedures for sustainable food agricultural land transfer which stipulates that land conversion must include data that includes ; 1. data related to land area, soil fertility, quantity and variety of commodity production in the area concerned and potential for future production 2. agricultural labor absorbed, 3. estimated length of time for recovery to be fulfilled, 4. household income, and demographic conditions 5. then and accompanied by land conversion planning data. if you have obtained an ippt permit, it is a land use permit issued by bpn contained in a principle permit, in this case it is also intended to have a land conversion plan (permentan no. 81 of 2013) for the public interest including the preparation of an annual plan including the area, location, designation and completed with a master plan without disturbing the utilization of existing infrastructure (site plan) along with the recommendation for the height of the area, after going through the formal procedure above and the transfer of rights has been carried out/freedom of land rights, the land undergoes change of function by drying by the agricultural service in the context of p when this activity is completed, the land to be built must be accompanied by an amdal permit (analysis of environmental impacts) then land that is ready to be built is issued with an imb (permit to construct a building) (gereffi et al., 2005). the ippt permit is a permit that is carried out at the local land office, before an agricultural land will change its function in the form of a technical balance from the bpn office, bapppeda, government, camat, lurah for a decree. based on the post-independence era, indonesia implements a sustainable development system that starts from all sides, both economic, legal, social to the welfare of the residence. land has become very important since the liberation of the era of agrarian reform which later became awareness of the fundamentals of land that are inherent with the nation in terms of the right to control by the state which is the context of the rights and obligations of the state over the owner (domain) not as eigenaar which is directed at privaatrechtelijke. 4. determination of the policy for the protection of the transfer of land functions. in accordance with statutory regulations, agricultural land in this case has experienced protection, including; sustainable food agriculture area, sustainable food agricultural land, sustainable food agriculture reserve land designated for rural areas, while the hierarchy is stated in article 5 the sustainable food agricultural land area consists of national, provincial and district/city areas, with the requirement to have a stretch of land with a certain area and produce staple food http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 437 issn print 2086-6852 and issn online 2598-5892 with a production level that can meet the food needs of the local community at district/city, provincial and or national 8.regulation of the minister of agriculture number 81 of 2013 concerning technical guidelines for the transfer of functions of agricultural land for sustainable food if in terms of land conversion food agriculture must include related; the area of land to be converted, the percentage of food loss due to land conversion, the value of the loss, the impact on employment, and the impact on the socio-cultural changes of the community (kinship, settlements, etc.)9 and article 17 of government regulation no. 1 of 2011 a sustainable food agricultural land if in terms of the provision of protection must include the relevant; a. area of food agriculture b. productivity c. technical potential of land d. reliability of dam infrastructure e. availability of agricultural facilities and infrastructure. which will be used as a national strategic area. several incentives in the field of community welfare in agriculture are realized by the government in government regulation number 12 of 2012 concerning incentives for protection of sustainable food agricultural land by: a. encouraging the realization of sustainable food agricultural land. b. increase efforts to control the conversion of agricultural land c. provide certainty of land rights for farmers. d. improving partnerships in agricultural businesses in presidential regulation number 59 of 2019 it states that irrigated and non-irrigated rice fields are protected in their use for the transfer of land functions under supervision and evaluation with an integrated team in the field of environment and government affairs, the regulation also mentions land protection rice fields through; verification, synchronization, and implementation of the determination of protected paddy fields maps. the protected rice fields are located in protected areas or cultural areas. the state's authority over land is a form of legal relationship authority between the state as a subject and agrarian resources as an object, meaning that this legal relationship gives birth to the right to control agrarian resources and the state's obligations in natural resources as a prosperous people. 4. conclusion agricultural land has received protection in accordance with the ratification of law no. 41 of 2009 and this is also reinforced by presidential regulation no. 59 of 2019 concerning http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 438 issn print 2086-6852 and issn online 2598-5892 controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally smart. protection of agricultural land is very important, especially for small-scale entrepreneurs for living capital, but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration. references bergsteiner, h. (2012). accountability theory meets accountability practice. emerald group publishing. binswanger, h. p., deininger, k., & feder, g. (1995). power, distortions, revolt and reform in agricultural land relations. handbook of development economics, 3, 2659–2772. erb, k., luyssaert, s., meyfroidt, p., pongratz, j., don, a., kloster, s., kuemmerle, t., fetzel, t., fuchs, r., & herold, m. (2017). land management: data availability and process understanding for global change studies. global change biology, 23(2), 512–533. gereffi, g., humphrey, j., & sturgeon, t. (2005). the governance of global value chains. review of international political economy, 12(1), 78–104. kocur-bera, k., & pszenny, a. (2020). conversion of agricultural land for urbanization purposes: a case study of the suburbs of the capital of warmia and mazury, poland. remote sensing, 12(14), 2325. mcsweeney, k., richani, n., pearson, z., devine, j., & wrathall, d. j. (2017). why do narcos invest in rural land? journal of latin american geography, 3–29. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sanjaya, s. m., & widayati, w. (2022). local government policies related to transfer of agricultural land functions to non agricultural governments. jurnal hukum khaira ummah, 16(4), 83–90. widowaty, y., & wahid, d. a. (2021). law enforcement of land transfer from agricultural land to housing in indonesia. e3s web of conferences, 232, 4008. yang, z., li, c., & fang, y. (2020). driving factors of the industrial land transfer price based on a geographically weighted regression model: evidence from a rural land system reform pilot in china. land, 9(1), 7. zhang, q. f., & wu, j. (2017). political dynamics in land commodification: commodifying rural land development rights in chengdu, china. geoforum, 78, 98–109. zhong, t.-y., huang, x.-j., zhang, x.-y., & wang, k. (2011). temporal and spatial variability of agricultural land loss in relation to policy and accessibility in a low hilly region of southeast http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 439 issn print 2086-6852 and issn online 2598-5892 china. land use policy, 28(4), 762–769. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 403 issn print 2086-6852 and issn online 2598-5892 justice and tax benefits of msmes in government regulation no. 23 of 2018 reinhard yeremia 1* , m. hidayat 1 , handyka prayogi lesmana 1 faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: reinhardyeremia.93@gmail.com article history: received: oktober 10, 2022; accepted: december 22, 2022 abstract tax collection is a function that the state must carry out for the welfare of the people. every tax levy must be based on law. thus the tax must have a clear legal basis and its implementation should not be carried out without a legal basis.to achieve the target of state revenue, the government agreed to sign government regulation of the republic of indonesia no. 23 of 2018 (pp 23) concerning income tax on income from business received or obtained by taxpayers with certain gross circulation. through this government regulation, entrepreneurs and smes who have income of less than rp. 4.8 billion in one tax year can pay a tax of 0.5 percent of their gross turnover. the aspect of justice is one of the cons that is often highlighted considering that the pph 23/2018 income tax is included in the final tax. this is the msme tax which is final. regardless of whether the final result of the taxpayer's business is profit or loss, as long as the taxpayer has a turnover, the taxpayer must pay taxes. the type of research in this research is normative juridical law research, which is research based on literature study. found through a good arrangement, pp 23 of 2018 is a form of partisanship of the state in the field of taxation for the community. msmes are given leeway in calculating their taxes, which are half a percent of the gross turnover each month. in addition, pp 23 was made to encourage the public to participate in formal economic activities, by providing convenience and more justice to taxpayers. government regulation no.23 of 2018 is expected to be able to support tax collection and expand the taxation database, as well as support policies that strengthen the national economy. keywords: tax, msmes, government regulations, uud. 1. introduction to become a sovereign and independent country, it takes a lot of money from the state to build. for this reason, the state must be present in every aspect of people's lives. for the success of this effort, the state requires a large amount of funding. if we look at the apbn, the income received by the state is obtained from two sources, namely domestic revenue and foreign aid. domestic revenue can be obtained from oil and gas revenue, tax and non-tax revenue. given the limited number of sources of income from oil and gas, the state seeks financing through taxes. the scope of the tax is so wide, it includes regency/city local governments (regency/city regional taxes), provincial governments (provincial regional taxes), central government (central taxes), bilateral taxes (tax treaty), and regional taxes and international taxes. in this study will focus on the central tax (purnawan et al., 2019). in the midst of high expectations of income generation through taxes, there are at least five challenges to the tax situation in indonesia : http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 404 issn print 2086-6852 and issn online 2598-5892 1. low tax compliance in indonesia. in 2016, of the approximately 131 million workforce in indonesia, there were only 38.6 million registered taxpayers and only 17.6 million who submitted spt. in 2018, the level of compliance was in the range of 70.4% 2. the structure of indonesia's tax revenue is less balanced and is dominated by revenues from vat and corporate income tax. in 2018, it contributed about 59% of the total tax revenue. the implication is that our tax revenue is vulnerable to macroeconomic factors because it is too dependent on the consumption sector (as the growth locomotive) and the commodity sector (because many corporations are engaged in commodities or have dependence on commodities) . 3. shadow economy, cannot be separated from the many sectors that are difficult to tax (informal sector, black market, smes, and so on). the shadow economy in indonesia in the 2015-2015 period reached 26.6% of gdp 4. the capacity of the tax authorities is still considered weak, resulting in the suboptimal performance of services, supervision, and tax law enforcement 5. tax leaks that arise due to the increasingly open economy indonesian country. the existence of tax avoidance practices that result in the erosion of the tax base and the transfer of profits. examples: transfer pricing practices, treaty shopping, excessive loan interest payments, hybrid financial instruments and so on. or it could be through tax evasion across jurisdictions. this means that it is done by storing funds or assets abroad so that they are not reported to the tax authorities or their ownership is deliberately obscured. during the administration of president joko widodo, the executive agreed to sign government regulation of the republic of indonesia no. 23 of 2018 concerning income tax on income from business received or obtained by taxpayers with certain gross circulation replacing pp 46 of 2013 which is effective july 1, 2018. through according to the government regulation, entrepreneurs and smes who have income of less than rp. 4.8 billion in one tax year can pay a tax of 0.5 percent of their gross turnover. in his consideration, this government regulation was made to encourage the public to participate in formal economic activities, by providing convenience and more justice to taxpayers. in addition, msme actors who have not previously registered and reported their business results can be encouraged to register and start paying taxes on their business results as a form of contribution to the state (lestary et al., 2021). although the perceived impact of taxes is real for a country, there is often reluctance when taxes become a topic of conversation for citizens. the aspect of justice is one of the cons that is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 405 issn print 2086-6852 and issn online 2598-5892 often highlighted considering that the pph 23/2018 income tax is included in the final tax. justice is the key word in the government's efforts to collect funds from the public (transfer of resources). one of the most commonly studied principles is the ability to pay principle approach. this principle seems more relevant to be the background of the tax collection system in indonesia, because this principle suggests that the tax is charged to taxpayers based on their respective ability to pay. in this case the final msme tax does not look at whether the final result of the taxpayer's business is profit or loss, as long as the taxpayer has a turnover, the taxpayer must pay taxes (wijaya & arumningtias, 2021). departing from this, this study will discuss the fairness and benefits of msme taxation in government regulation no.23 of 2018. before this paper was written, there were several studies related to the application of msme taxes in indonesia (amin et al., 2019). among them: the application of taxes to msmes in indonesia written by elizabeth hasian halawa, faculty of law, sriwijaya university (2019). other research related to the analysis of the application of government regulation no. 23 of 2018 at the south malang tax service office, written by ferry irawan and faizal achmad putra erdika, state finance polytechnic (stan) in 2021. from this research, it can be concluded that government regulation no. 23 of 2018 adds tax stalemate for the south malang tax service office. however, pp 23 of 2018 has not been fully utilized by taxpayers. researchers used previous research as a comparison and complement to the implementation of government regulation no. 23 of 2018 (sudarno et al., 2021). 2. research method the type of research in this research is normative juridical law research, which is research based on literature study which includes primary legal materials, secondary legal materials and tertiary legal materials. primary legal materials consist of binding legal materials. secondary legal materials consist of documents or legal materials that provide explanations for primary legal materials. tertiary legal materials consist of materials that provide instructions and explanations of primary and secondary legal materials. the research method used consists of various methods and activities carried out in order to collect the necessary data and materials. there are two approaches to the problem used in writing this thesis, namely the statute approach and the conceptual approach. the statute approach is an approach that is carried out by identifying and discussing the applicable laws and regulations, which are related to the issues discussed. then the conceptual approach is an approach by looking at the opinions of scholars contained in various literatures as a supporting basis. the legal materials used are primary legal materials and secondary legal materials. primary legal materials include law of the republic of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 406 issn print 2086-6852 and issn online 2598-5892 indonesia number 6 of 1983 concerning general provisions and tax procedures as has been amended several times, most recently by law number 7 of 2021 concerning harmonization of tax regulations. in addition, law of the republic of indonesia number 7 of 1983 concerning income tax as has been amended several times, most recently by law number 7 of 2021 concerning harmonization of tax regulations. as well as government regulation of the republic of indonesia no. 23 of 2018 concerning income tax on income from business received or obtained by a taxpayer with a certain gross turnover. secondary materials are taken from journals, books, articles from online media related to the object under study. 3. results and discussion justice and benefit of pp 23/2018 in the tax sector in the field of taxation, indonesia has undergone reforms since 1983 by replacing the official assessment where the amount of tax owed was determined annually by the government into a self-assessment system (wijaya & arumningtias, 2021). where to calculate, pay, and report tax obligations. principle of self-assessment is universally adopted, namely the values of justice, convenience and efficiency of administration. the characteristics of the self assessment include: · determination of the amount of tax payable is carried out by the taxpayer himself. · taxpayers play an active role in completing their tax obligations, starting from calculating, paying, and reporting taxes. the government does not need to issue a tax assessment letter, unless the taxpayer is late in reporting, late in paying the tax owed, or there is a tax that the taxpayer should have paid but not paid. the legal basis for self-assessment can be seen in article 12 paragraph (1) of the kup law which states: "every taxpayer is obliged to pay the tax owed in accordance with the provisions of the tax laws and regulations, without relying on the existence of a tax assessment letter." from the description above, formal law regulates the rights and obligations of the government and taxpayers in carrying out self-assessment. apart from being formal, material law related to taxes continues to evolve with the times (susanto et al., 2020). material law in taxes concerns norms that explain the circumstances, actions, legal events that are taxed (tax objects), parties subject to tax (tax subjects), the amount of tax imposed (tax rates), everything related to the emergence and elimination of taxes. tax debts, as well as the office of sanctions in the legal relationship between the government and taxpayers. each type of tax is regulated in each each act. examples of material tax laws include income tax (pph), value added tax (ppn), and sales http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 407 issn print 2086-6852 and issn online 2598-5892 tax on luxury goods (ppn and ppnbm), land and building tax, stamp duty, customs, excise. in addition, through government regulation no.23 of 2018. the definition of government regulation according to the law of the republic of indonesia no.15 of 2019 concerning amendments to law no.12 of 2011 concerning the formation of laws and regulations article 1 paragraph (5) is regulation invitation law appointed by the president for carry out the law properly (rachmawan et al., 2020). in preparing the draft government regulation, the initiator forms an inter-ministerial committee and/or non-ministerial government agency. government regulations are statutory regulations stipulated by the president to carry out the act as it should not deviate from the material regulated in the relevant law. in order to achieve justice, humans are not only obliged to organize themselves, but also must organize society and the state which is regulated by law. the existence of public legal awareness as an effort to seek the validity of the law is a consequence of various problems that arise in its application. justice is the key word in the government's efforts to collect taxes from its citizens. this must be done so that every right and obligation can be carried out in a balanced manner. but the problem is basically justice is a relative concept. the musgrave brothers argue that it is fair to say that the greater the income, the greater the tax to be paid (rachmawan et al., 2020). this is called vertical justice or vertical equity. agreeing with this, according to langen, put forward the theory of carrying power where everyone is obliged to pay taxes according to their respective carrying capacity. the criticism raised by this theory is not actually a theory to justify tax collection, but is a basis for collecting fair taxes. low-income taxpayers are protected, while high-income taxpayers pay higher taxes (hardiningsih et al., 2022). through government regulation of the republic of indonesia no. 23 of 2018 concerning income tax on income from businesses received or obtained by taxpayers with a certain gross circulation, the state of indonesia provides facilities for imposing a final income tax rate of only 0.5% of gross income to taxpayers . in this case the msme tax which is final does not look at whether the final result of the taxpayer's business is profit or loss, as long as the taxpayer has a turnover, the taxpayer must pay taxes. government regulation no.23 of 2018 supports tax collection and expands the taxation database, as well as supports policies that strengthen the national economy. business entities and msmes in indonesia the contribution of msmes to the indonesian economy includes the ability to absorb 97% of the total workforce and can collect up to 60.4% of the total investment (candraningrat et al., 2021). in the field of taxation, while utilizing the rates of government regulation no.23 of 2018 entrepreneurs still need to strive to learn how to carry out tax administration according to the norm http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 408 issn print 2086-6852 and issn online 2598-5892 and the implications of tax obligations on the running of the business. government regulation no.23 of 2018 is in accordance with the presumptive regime described by the world bank (yustianti & roesli, 2018). the presumptive regime itself is a form of tax imposition approach that is applied in the economy, where the perpetrators still have limited administrative and bookkeeping capabilities. in addition to presumptive regime , there are other models in which several developed countries apply the standard regime by simplifying tax forms, payment procedures, or by reducing tariffs. micro, small and medium enterprises (msmes) are included in a special cluster in the omnibus law on job creation, specifically in chapter v on the convenience, protection, and empowerment of cooperatives and msmes. in that chapter, the government also includes points of legal protection for msmes. law of the republic of indonesia number 11 of 2020 chapter v cluster ease, protection and empowerment of cooperatives, enterprises, micro, small and medium enterprises has changed the provisions of law number 20 of 2008 concerning micro, small and medium enterprises (rosmadi et al., 2019). it is further explained that article 87 of the job creation law, part three criteria for micro, small, and medium enterprises amends article 6 regarding the criteria for msmes in law number 20 of 2008 concerning micro, small and medium enterprises (state gazette of the republic of indonesia of 2008 number 93 ) to: (1) criteria for micro, small and medium enterprises can contain business capital, turnover, net worth indicators, annual sales results, or investment value, incentives and disincentives, application of environmentally friendly technology, local content, or the number of workers in accordance with with the criteria of each business sector (rizky, 2019). (2) further provisions regarding the criteria for micro, small, and medium enterprises shall be regulated in a government regulation. further rules regarding the provisions of msmes based on government regulations are stated in government regulation (pp) number 7 of 2021 concerning ease, protection, and empowerment of cooperatives and msmes. in paragraph i of the criteria for micro, small and medium enterprises article 35 states: (1) micro, small, and medium enterprises are grouped based on the criteria for business capital or annual sales results. (2) the criteria for working capital as referred to in paragraph (1) are used for the establishment or registration of business activities. (3) the criteria for working capital as. referred to in paragraph (2) consists of: a. micro business has a business capital of up to a maximum of rp. 1,000,000,000.00 (one billion rupiah) excluding land and buildings for the place of business; b. small business has a business capital of more than rp. 1,000,000,000.00 (one billion rupiah) up to a maximum of rp. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 409 issn print 2086-6852 and issn online 2598-5892 5,000,000,000.00 (five billion rupiah) excluding land and building for the place of business; and c. medium enterprises have a business capital of more than rp. 5,000,000,000.00 (five billion rupiahs) up to a maximum of rp. 10,000,000,000.00 (ten billion rupiahs) excluding land and buildings for business premises. (4). for the provision of facilities, protection, and empowerment of micro, small, and medium enterprises other than the criteria for business capital as referred to in paragraph (2), the criteria for annual sales results are used. (5). the criteria for annual sales results as referred to in paragraph (4) consist of: a. micro business has annual sales of up to a maximum of rp. 2,000,000,000.00 (two billion rupiah); b. small business has annual sales of more than rp2,000,000,000.00 (two billion rupiah) up to a maximum of rp15,000,000,000.00 (fifteen billion rupiah); and c. medium enterprises have annual sales of more than rp. 15,000,000,000.00 (fifteen billion rupiahs) up to a maximum of rp. 50,000,000,000.00 (fifty billion rupiahs). micro, small and medium enterprises (msmes) have a very important function in the national economy (ali, 2014). moreover, the increasingly uncertain economic conditions and global geopolitical tensions place msmes as the backbone of the indonesian economy (purwandari et al., 2019). msmes are considered very important, especially as a policy instrument to reduce poverty levels. so many efforts have been made by the government to support and grow msmes. every person and/or business entity can do business. the business entity can be in the form of a legal entity or non-legal entity. legal entities can be in the form of cooperatives, foundations or limited liability companies. non-legal entities can be in the form of trading businesses (ud), individual businesses, firms and limited partnerships (commanditaire venno chap). this is in accordance with government regulation (pp) number 7 of 2021 concerning ease, protection, and empowerment of cooperatives and msmes where micro, small and medium enterprises can be in the form of individuals or business entities. meanwhile , corporate taxpayers who meet the msme criteria will still receive a 50% discount on pph rates in accordance with article 31e of the income tax law. this tax support is expected to increase the resilience and competitiveness of msme businesses in indonesia. 4. conclusion government regulation no. 23 of 2018 is the government's step in supporting a conducive business climate for the community. this government regulation is made to encourage the public to participate in formal economic activities, by providing convenience and more justice to taxpayers. in addition, pp 23 of 2018 is a form of partisanship of the state in the field of taxation http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 410 issn print 2086-6852 and issn online 2598-5892 for the community. msmes are given leeway in calculating their taxes, which are half a percent of the gross turnover each month. second conclusion pp 23 of 2018 is in accordance with the tax reform agenda in indonesia. the government through the competent ministry (in this case the ministry of finance) is the first doorstop for state revenues. as part of the global community, indonesia faces the challenge of being able to increase revenue by expanding its tax base. government regulation no.23 of 2018 is a step for the government to expand its tax base. incentives are directed at strengthening msmes that encourage employment and increase investment power in indonesia. references ali, m. (2014). agribisnis “bebek sinjay” dalam perspektif kewirausahaan dan pemasaran. amin, a., khisni, a., & witasari, a. (2019). increasing voluntary compliance of tax payments in micro small and medium enterprises (msmes) post-issuance of government regulation number 23 of 2018 (case study in semarang city). legal reconstruction in indonesia based on human right. candraningrat, i., abundanti, n., mujiati, n., & erlangga, r. (2021). the role of financial technology on development of msmes. accounting, 7(1), 225–230. hardiningsih, p., srimindarti, c., alfasadun, a., & lisiantara, g. (2022). liquidity assistance on msmes’ growth in the time of covid-19: empirical evidence of msmes in indonesia. quality-access to success, 23(186). lestary, s. r., sueb, m., & yudianto, i. (2021). the effect of tax fairness, tax socialization and tax understanding on tax compliance: a study on micro, small and medium enterprises (msmes). journal of accounting auditing and business-vol, 4(1). purnawan, a., khisni, a., & witasari, a. (2019). politics of law of imposing income tax (pph) based on micro, small and medium enterprises (msmes) with justice value base to increase voluntary tax compliance in industrial revolution 4.0 era. 3rd international conference on globalization of law and local wisdom (icglow 2019), 294–299. purwandari, b., otmen, b., & kumaralalita, l. (2019). adoption factors of e-marketplace and instagram for micro, small, and medium enterprises (msmes) in indonesia. proceedings of the 2019 2nd international conference on data science and information technology, 111– 116. rachmawan, r., subekti, i., & abid, n. (2020). the effect of tax knowledge on relationship of procedural justice perception towards voluntary tax compliance mediated by trust. international journal of research in business and social science (2147-4478), 9(4), 207– 213. rizky, m. (2019). the identification of financial literacy level (accounting) of msmes actors in the wetlands area (study of msmes actors in pemakuan village, banjar regency). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 411 issn print 2086-6852 and issn online 2598-5892 international journal of accounting & finance in asia pasific (ijafap), 2(2). rosmadi, m. l. n., herlina, h., widiastuti, e., & tachyan, z. (2019). the role of indonesian human resources in developing msmes facing the industrial revolution 4.0. budapest international research and critics institute (birci-journal): humanities and social sciences, 2(1), 193–199. sudarno, s., suyono, s., yusrizal, y., & regita, v. (2021). the effect of taxation understanding, tax perception on application of amendment to government regulation no. 46 of 2013 become no. 23 of 2018 on sanctions of taxation and personal msme taxpayer compliance in pekanbaru. jurnal aplikasi manajemen, 19(1), 99–111. susanto, f. x. n., pesudo, d. a. a., & warouw, m. v. (2020). perceptional analysis of msmes tax justice aspect. international journal of social science and business, 4(3), 480–488. wijaya, s., & arumningtias, d. (2021). preventing the potential tax avoidance in government regulation of the republic of indonesia number 23 of 2018. multicultural education, 7(1), 288–301. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 legal supervision and enforcement in environmental law under the law number 32 year 2009 on environmental and protection management hery agus susanto1, daniel susilo2 faculty of law legal studies program 1, 2, merdeka university surabaya e-mail: dsshmhum@gmail.com abstract: with law supervision and enforcement in environmental law, elements of the environment can be resolved, including elements of conservation, social culture and physical. element of conservation (biotic) is element of the environment that consists of a living creature, such as a human, animals, plants and microorganisms. social and cultural element is a social-cultural environment created by human beings which is a system of values, ideas and beliefs in behavior as social beings. physical elements (abiotic) consists of non-living objects including soil, water, air, climate and other elements. the three elements must be maintained and preserved from environmental damage and pollution. government is responsible for the welfare of his people and has a fundamental responsibility in realizing the formation of environmental conservation. protection and management of law includes planning, utilization, maintenance controlling, monitoring and law enforcement. keywords: law supervision and enforcement. 1. introduction environment is something s outside or around living creatures. environment experts provide definitions that environment (or habitat) is a complex system in which various factors influence a reciprocal one another and with community of plants. forestry encyclopedia states that environment is the total amount of non-generic factors that affect the growth and reproduction of trees. it covers a very wide range of things, such as soil, moisture, weather, the influence of pest and disease, and sometimes human intervention. the importance or influence of environmental factors on plants varies at different times. a factor or several factors are critical if at a certain time greatly affect the life and growth of plants. this can be at a minimum, maximum or optimal level, according to the limits of tolerance of the plants or their respective societies. environment is divided into two: biotic and abiotic with the following explanations: a. biotic component (living things component) e.g animals, plants, and microbes. b. abiotic component (components of non-living things) e.g water, air, soil and energy. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 under the terms of the tropic or nutrients, biotic components of the ecosystem are composed of two types: a. autotrophic component. autotrophic comes from the words autor means comes from the word itself, and tropikos means to provide food. this is organisms that provide or synthesize its own food in the form of organic material with the help of chlorophyll and primary energy in the form of solar radiation. therefore, organisms containing chlorophyll belong to autotroph group and are generally plant species. binding of solar radiation energy and synthesis of inorganic materials into complex organic materials occur in it. b. heterotrophic component. this comes from the word hetero meaning different or another, and trophikos means provides food. heterotrophic component include organisms whose lives always use organic materials as food ingredients, while the organic material used is provided by other organism. therefore, this component obtains food from autotrophic component. some members of this component breaks the organic material complex into the form of organic material. thus, animals, fungi and microorganisms belong to the class of heterotrophic component. odum (1993) suggested that all ecosystems, from its basic structure, consists of four components. similar statement was also delivered by rososoedarmo et al. (1986) that the ecosystem consists of four components: abiotic, biotic component include producers, consumers and decomposers. each of the components are described as follows: abiotic component (or nonliving) is a chemical and physical component consisting of soil, water, air, sunlight, and other form of medium or substrate for life. according to setiadi (1983), abiotic component of an ecosystem may include compounds of inorganic elements e.g, water, calcium, oxygen, carbonate, phosphate and blended organic bonds. in addition, there are also physical factors involved, for example steam, water and solar radiation. producer component, autotrophic organisms is generally green plants. producers use sun radiation energy in photosynthesis process, so as to assimilate co and h2o resulting in komia energy stored in carbohydrates. this chemical energy is a rich source of energy of carbon compounds. in the photosynthesis process, the oxygen released by the green plant is then used by all living beings in the process of respiration. consumer component is a heterotrophic organism, for example human and animal who eat other organisms. so, a consumer is all the organisms in the ecosystem that uses a synthesis product (organic material) from other the manufacturer or from organisms. based on the category, consumer is all kinds of animals and humans in an ecosystem. consumers can be yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 classified into first, second, third and micro consumers (resosoedarmo setiadi et al 1986 and 1983). the first consumer is herbivore including animals consuming green plants e.g insects, rodents, rabbits, deer, cattle, buffalo goat, zooplankton, crustaeeae and mollucas. the second consumer is a group of small carnivores and large omnivore and eat other living animals e.g dogs, cats, jungle dogs, prenjak, starlings and crows. omnivores are organisms that eat herbivores and plants such as humans and sparrows. the third is large carnivores (high level) consuming a small carnivore such as tiger, wolf and eagle. micro consumers are plants or animals that live as parasites, scavengers, and saprobes. plant and animal parasites depend on food sources from their host. while scavenger and saprobe live by eating carrion. from the description in the introduction, the author conducted a research entitled supervision and enforcement in environmental law under the law number 32 year 2009 on environmental and protection management 2. research methodology normative juridical approach is applied in the present research. the approach is carried out from legal aspects of laws and regulations on supervision and enforcement of law and sourced from library data which is then associated with the existing cases in environmental issues. 3. discussion a. definition of environmental law environmental law (mileurecht) is a law related to inner environment (naturlijk milieu) in the widest sense. its scope is related and determined by the scope of environmental management. thus environmental law is a juridical instrumentation for the management of the environment whose management is carried out primarily by the government; therefore, environmental law largely consists of governmental law. environmental law by law no. 32 year 2009 is the unity of space with all things, power, circumstances, and the living creatures including human beings and behavior that affect nature itself, the continuity of human lives and livelihoods as well as other living creatures. a. protect and manage the environment yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 b. protect the territory of the unitary state of the republic of indonesia from pollution and or environmental damage c. ensure safety, health and human life d. ensure the survival of living beings and the preservation of ecosystems e. maintain environmental function f. achieve harmony and environmental balance g. ensure the fulfillment of the nations of present and future generations h. ensure environmental compliance and protection as part of human rights i. control the utilization of natural resources j. achieve sustainable development k. anticipate global environmental issues legal protection and management include: 1. planning 2. utilization 3. control 4. maintenance 5. supervision 6. law enforcement supervisors and law enforcement supervision: 1. minister, governor, or the regent/mayor in accordance with his/her mandatory is obliged to supervise responsibility for a business and/or activities on the conditions set out in the legislation in the field of environmental protection and management. 2. minister, governor, or regent/mayor may delegate to supervise the statement of the party responsible for the business and / or activity on the provisions stipulated in the laws and regulations in the field of environmental protection and management 3. in conducting supervision, minister, governor or regent/mayor shall stipulate environmental monitoring officer assigned as functional official 4. minister, governor, or regent/mayor in accordance with their authority shall be obliged to supervise the compliance of the party responsible for the business and or activity on environmental permit 5. minister may supervise the compliance of the party responsible for the business and/or activities whose environmental permit is issued by the regional government if the government considers serious violation in the field of environmental protection and management. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 official of environmental supervisor as referred to in article 71 paragraph (3) shall have the authority to: a. conduct monitoring; b. ask for information; c. copy documents and/or make necessary notes; d. enter a certain place; e. photographing; f. make audio visual recordings; g. take sample; h. check equipment; i. check the installation and/or tools transportation; and/or j. stop certain offenses. k. coordinate with civil servant investigators. l. party responsible for the business and/or activities is prohibited from blocking execution of the official duties law enforcers can be classified into 3 categories, they are: a. environmental law enforcement related to administrative law/state administration. b. environmental law enforcement related to civil law c. environmental law enforcement related to the criminal law government’s effort in imposing administrative sanctions is consistent with the authority to maintain environment preservation, in this respect, enforcement of administrative sanction is the frontline in the enforcement of environmental law (primum remediumn). if sanctions are not effective, criminal sanctions as the ultimate weapon (ultimum remedium). this means that criminal law enforcement on environmental criminal act can only be started if: the affluent apparatus has imposed administrative sanctions and has prosecuted violators by dropping an administrative sanction. however, it was not able to stop violations. for companies that committed violation, dispute resolution mechanism has been proposed outside the court in the form of discussion/negotiation/ mediation, yet it was deadlocked and continued through civil courts, yet the effort is also not effective, thus, instruments of environmental criminal law enforcement is imposed. government authority to regulate is something that has been established by the act. from administrative law, this authority is called by attribution authority (atributive bevoeghdheid), which is authority attached to government agencies gained from act. the government agencies thus have authority to apply the provisions of article 8 of law no. 23 of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 1997. accordingly, the authorized government agencies have particularly legitimacy (authority to act in political scope) t run the jurisdiction. legitimacy is a matter of authority to impose sanctions such as supervision and sanction mandated by the law. supervision is carried out by a special institution formed by the government. administration sanctions can be delegated to the regency/city government. this is stated in article 25 of law no. 23 of 1997 on environmental management. damage to the environment is a side effect of human action to achieve a goal that has consequences on the environment. environmental pollution is the result of the ambiguity of human action. the obligation of the entrepreneur to control the pollution of the environment is a requirement in granting a business license that the entrepreneur can be held accountable if they neglect their obligations. there are some typical sanctions sometimes used by the government in environmental law enforcement, including bestursdwang. bestuursdwang (governance coercion) is outlined as concrete actions by employers to end a situation prohibited by an administrative law rule or (if still) conducts what the citizen is supposed to be abandoned because it is against the law. profitable (subsidy, payment permit) decision recall (decision). the recall of a verdict does not necessarily need to be based on legislation. it is not included when the decision) is valid for an indefinite time and according to its nature of 'can be terminated' or withdrawn (permit, periodic subsidies). 3) factor inhibiting environmental law enforcement in indonesia a. lack of socialization to the public regarding environmental law according to hamzah, in general problem begins at one point of the occurrence of violations of environmental law. it is started by individual members of the community, victims of law enforcement who know immediately the occurrence of violations without any reports or complaints. bapedal ngos or environmental organizations is a place to make report for civil avenues, especially the demands of unlawful acts, may bring their own lawsuit to civil judges on behalf of the public (striped algemen, stripes maatschappelijk). if they cannot bear the cost of the case, under article 25 of presidential decree no. 55 of 1991, they can forward to prosecutors who will sue civil in the name of public interest or public interest. in the prosecutor's office there is a special field for this, namely the deputy attorney general of civil and state administration. in addition, community members, victims, ngos, environmental organizations, even anyone can make criminal reports to the police. anyone witness a crime is required to report to the investigator. from the police, they can request juridical prosecutor's instruction. the is is clearly a criminal law. however, prosecutors can still settle on the basis of the principle of opportunity, whether on condition or unconditionally. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 if violation have been serious and offensive to all dimensions, for example violating the terms of a license causing financial loss to a person or society, and even a recidivist has inflicted injuries or death, law enforcement should do his duty. in order for the sanctions imposed do not overlap, for example fines (based on administrative and criminal sanctions), law enforcement need to consult that action is taken each well-coordinated. b. obstacles in proof development activities undertaken by the indonesian nation not only provide a positive impact, but also negative impacts (e.g the occurrence of pollution). manufacturers do not incorporate externalities as cost elements in its activities, thus the other party loses. this will be an obstacle to the take-off era, as this condition is concerned with protecting the right to enjoy healthy environment. this pollution problem, if not addressed well, will threaten the preservation of environmental functions. this difference indicates that environmental issues are complex in terms of proof and application of the article, and the subjectivity of decision makers is high that it needs a medium to simplify, facilitate and minimize the element of subjectivity. c. law enforcement infrastructure the main difficulty frequently expressed by the government or law enforcement officers in dealing with forest fires is the lack of monitoring apparatus, or the lack of evidence. in the case of being caught, the snared are operators who are daily workers. companies can always escape the law. the state should have the power to revoke operating licenses or concessions on companies in the region with hotspots. there are only two possibilities in case of fire within a forest or plantation concession, i.e they are deliberately burned or they are not seriously keeping their area free from fire. if such government power presence, it can be ascertained the number of forest burning will drop drastically. thus, we need rule of law in the form of government regulation because the existing law is not adequate. d. poor law culture in some cases, environmental crimes occur because of the strong culture of corruption, collusion and nepotism between corporations, governments and the house of representatives. illegal lobbying is still common. for example, procurement of goods and services project in sidoarjo environment agency (blh) budget year. it is not an easy job to eradicate corrupt practices that often occur, but it is not impossible. 4. environmental impact assessment (eia/eia) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 environmental impact assessment (eia) is a study of major and significant impacts of a business and/or planned activities on the environment necessary for the decision making process regarding business and/or activities in indonesia. this is made when planning a project that is expected to have an impact on the surrounding environment. an environmental impact analysis emerged in response to concerns about the negative impacts of human activities, particularly environmental pollution caused by industrial activities in the 1960s. since then eia has become a major tool for carrying out clean environmental management activities and is always attached to sustainable development goals. eia was first introduced in 1969 in the united states. according to law no. 23 of 1997 on environmental management and government regulation no 27/1999 on environmental impact analysis, indonesia has an environmental impact assessment (eia) to be created if one wants to establish a project that is expected to have a major and significant impact on the environment. eia is a study of the major and significant impacts of a planned business and/or activity in the living environment necessary for decision-making processes concerning the conduct of business and/or activities. the basis of eia law is government regulation no. 27 of 2012 on 'environmental permit'. eia itself is a study of the positive and negative impacts of an action plan or project, which the government uses in deciding whether an activity or project is feasible or not environmentally feasible. the study of positive and negative impacts is usually prepared by considering the physical, chemical, biological, socio-economic, socio-cultural and public health aspects. an activity plan can be declared not environmentally feasible, if based on the results of an eia study, the negative impacts that its impact cannot be overcome by available technology. likewise, if the costs necessary to combat the negative impacts are greater than the positive impacts that will be generated, then the activity plan is deemed unsuitable for the environment. an activity plan that is decided not environmentally feasible can not continue its development. eia mandatory criteria is only required for projects that have a significant impact on the environment, which is generally contained in the planned activities, large-scale, complex and located in areas with a sensitive environment. basically environmental impact assessment (eia) is the overall process that includes successive preparation as stipulated in government regulation no. 27 of 2012, the form of the eia study results in the form of eia documents consist of five (5) documents, namely: 1. document of terms of reference of environmental impact analysis (kaandal) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 2. document of environmental impact analysis (andal) 3. document of environmental management plan (rkl) 4. document of environmental monitoring plan (rpl) 5. executive summary document a. terms of reference for environmental impact analysis (ka-andal) ka-andal is a document containing the scope and depth of the andal study. the scope of the andal review includes determining the significant impacts to be studied in more depth in andal and andal study limit. the depth of the study is concerned with the determination of the methodology to be used to assess the impact. determining the scope and depth of this study is an agreement between the activity proponent and the eia appraisal commission through a process called scoping process. b. analysis on environmental impact (eia). andal is a document that contains a careful review of the important impact of an activity plan. important impacts that have been identified in kaandal documents are then examined more carefully using agreed methodologies. this study aims to determine the magnitude of the impact. once the magnitude of the impact is known, further determination of the nature of the impact is important by comparing the magnitude of the impact on the important impact criteria set by the government. the next assessment phase is an evaluation of the linkages between impacts with each other. this impact evaluation aims to determine the basics of impact management that will be undertaken to minimize negative impacts and maximize positive impacts. c. environmental management plan (rkl) rkl is a document containing efforts to prevent, control and mitigate the negative environmental impacts and maximize the positive impacts of an activity plan. these efforts are formulated based on the results of the baseline of impact management resulting from the andal study. d. environmental monitoring plan (rpl) rpl is a document containing monitoring programs to see the environmental changes caused by impacts arising from the activity plan. the results of this monitoring are used to evaluate the effectiveness of environmental management efforts that have been undertaken, the initiator's compliance with environmental regulations and can be used to evaluate the accuracy of the impact prediction used in the andal study in relation to the procedures of eia, the government decree number 27 of 2012 has established the following mechanisms: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 1. the proponent develops a terms of reference (ka) for the preparation of eia documents. subsequently submitted to the eia commission. the terms of reference are processed for 75 business days from receipt by the eia commission. if within the time specified, the eia commission does not provide responses, the said terms of reference document becomes valid for use as a basis for the preparation of the andal. 2. the proponent prepares the environmental impact analysis (andal) document, the environmental management plan (rkl), the environmental monitoring plan (rpl), then submitted to the agency responsible for processing by submitting the document to the eia assessment commission for assessment 3. the result of the evaluation of the eia commission shall be returned to the agency responsible for issuing the decision within 75 days. if within the time period provided, it has not been decided by the responsible agency, then the document is not environmentally feasible. 4. if within a specified period of time, it appears that the agency responsible for issuing the rejection decision because it is deemed not to meet the eia technical guidelines, then the initiator is given an opportunity to fix it. 5. the results of the amendment of the eia document by the proponent shall be re-submitted to the agency responsible for processing in decision making in accordance with article 19 and article 20 of government regulation no. 27/1999. 6. if eia document can be concluded that negative impacts cannot be overcome based on science and technology, or the cost of mitigating negative impact is greater than the positive impact. article 16 of the uulh states that "every plan that is expected to have significant environmental impacts shall be supplemented by an analysis of impacts environment whose implementation is regulated by government regulation ". from the provisions of article 16 uulh can be concluded two things: a. environmental impact assessment is part of the process of planning and decisionmaking instruments. b. not all planned activities shall be supplemented by an analysis of environmental impacts, which shall be supplemented by an analysis of environmental impacts only those having significant environmental impacts. to measure or determine the major and important impacts such criteria are used on: 1. the number of people who will be affected business and/or activities plans 2. area affected yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 3. intensity and duration of the impact 4. the number of environmental components that will be affected 5. the cumulative nature of the impact 6. reversible or irreversible impact according to pp. 27 year 1999 article 3 paragraph (1), business and or activity which may cause major and important impact to the environment include: 1. the form of conversion of land and landscape 2. exploitation of natural resources both renewable and non-renewable 3. processes and activities that could potentially lead to waste, pollution and environmental degradation, and the deterioration of natural resources in their utilization 4. processes and activities which may affect the natural environment, built environment, as well as the social and cultural environment 5. processes and activities which may affect the preservation and conservation of resources/or protection of cultural heritage 6. introduction of plant species, animal species, and types of microorganisms the types of business plans and/or activities that must be supplemented by eia can be seen in the decree of the state minister of the environment number 17 of 2001 on the type of business and/or activities required with eia. type of business and/or activity must eia such as defense and security, agriculture, fisheries, forestry, health and others others. environmental impact analysis function the eia serves as the determination of decision-making as stated in article 1 paragraph 1 of pp 27/1999, the eia is a study of the major and significant impacts of a planned business and / or activity on the environment required for the decision-making process concerning the operation of the business and / or activities. decision-making is the process of choosing an alternative way of acting with an efficient method according to the situation. the objective of eia in general is to maintain and improve the quality of the environment and reduce pollution so that the negative impact becomes as low as possible. eia is an environmental management instrument that is expected to prevent environmental damage and ensure conservation efforts. the results of the eia study are an important part of the project development plan itself. the objective of eia is to ensure that a business and/or development activity can operate sustainably without damaging and sacrificing the environment or in other words the business or activity is feasible from the environmental aspect. in essence, it is expected that through the eia study, the environmental feasibility of a business plan and / or development yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 activity is expected to optimally minimize the possibility of negative environmental impacts, and can utilize and manage natural resources efficiently. eia is part of a system's overall development; the eia does not stand alone. the usefulness and benefits of the eia can be seen from several approaches, they are: 1. usefulness and benefits for the community eia can have usefulness and benefits for the community, because eia is a study that also involves the community in providing input or information on the eia study. so the planning of development in the region can be informed from the positive and negative aspects. for example the positive aspect, which can help the area around the development planning in the absorption of labor so that it can open employment, the existence of facilities and infrastructure of roads and electricity so as to assist in the existence of means of transportation on the region and others. 2. usability and benefits of eia for decision makers eia is helpful for decision makers as an input in the direction and control of development so as to avoid unwanted side effects and adverse. in addition, decision makers can know impact exceeded the limit tolerance, impacts on communities, impacts on other development activities, wider environmental influences. it is as also reference in research in the field of science and utilization technology; as a comparison of other eia implementation and as a prerequisite in the round of funding projects and licensing. 3. usability and benefits of eia in environmental monitoring eia study results expressed in terms of the environmental management plan (rkl) and environmental monitoring plan (rpl). with the rkl and rpl, the implementation of development activities will be legally bound to implement the management and monitoring of its environment, because in rkl and rpl there is a procedure for developing positive impacts and mitigating negative impacts, as well as environmental monitoring procedures. environmental impact assessment law in indonesia, the legal basis for the environmental impact assessment (eia) is provisions of article 16 of law no. 4 of 1982 whose implementation is regulated in government regulation no. 29 of 1986 on environmental impact analysis. the formulation of article 16 of law no. 4 of 1982 is as follows: "any plans expected to have an impact important to the environment shall be supplemented by an environmental impact analysis whose implementation is governed by a government regulation ". to implement government regulation no. 29 of 1986 above, it has been stipulated five decree of the minister of state for population and environment on june 4, 1987, one day before yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 the effective enactment of government regulation n0. 29 year 1986. as for the decisions as the following: a. kep-49 / menklh / 6/1987 on guidelines of important impact assessment, b. kep-50 / menklh / 6/1987 on guidelines for the preparation of analysis regarding environmental impacts, c. kep-51 / menklh / 6/1987 on guidelines for the preparation of evaluation studies regarding environmental impacts, d. kep-52 / menklh / 6/1987 regarding the deadline for the preparation of the evaluation study regarding environmental impacts, e. kep-53 // menklh / 6/1987 on guidelines for the membership arrangement and working procedures of the commission. the above mentioned legislation is no longer valid since the issuance of the new law in the form of law no. 23 of 1997 on environmental guidelines. similarly, the government regulation no. 29 of 1986 has been revoked by the enactment of government regulation no51 of 1993 on environmental impact analysis on october 23, 1993. as a follow-up of government regulation no. 51 of 1993 has been established six (6) decree of the state minister of environment on 19 march 1994 and one decision of head of bapedalda on march 18, 1994. the sixth ministerial decree on environment are: f. kep-10 / menklh / 3/1994 on the revocation of decree of the minister of state for population and environment no. kep-49 to kep-53 mentioned above. g. kep / 11 / menklh / 6/1994 on business types and activities required to be completed with analysis about environmental impacts. h. kep-12 / menklh / 3/1994 on the general guidelines for environmental management efforts and environmental monitoring efforts. i. kep-13 / menklh / 3/1994 on guidelines for membership arrangement and work procedure eia commission. j. kep-14 / menklh / 3/1994 on guidelines for preparation of analysis about environmental impacts. k. kep-15 / menklh / 3/1994 on the establishment of komisis analysis on integrated environmental impacts with the enactment of law no. 23 of 1997 on the management of the environment it is necessary to make adjustments to the government regulation no. 51 of 1993 on eia, therefore yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 the government regulation no. 51 of 1993 was sown, with the enactment of government regulation no. 27 of 1999 which became effective on 18 november 2000. relation of environmental impact analysis with environmental permit certain businesses or activities cannot be performed without the permission of the authorized governmental organs. that fact is understandable because things are often related to activities to be performed by the applicant permit. permit a tool rights and obligations of the applicant to carry out a business or particular activity. as said in the background, environmental permission is one of the requirements to obtain a business license or activity. business license or permit required activities such environments is an activity or business activity shall be obligatory eia or ukl and upl. article 1 paragraph 35 states that "environmental permit is a license granted to any person doing business and / or activities that are mandatory eia or uklupl in the framework of environmental protection and management as a prerequisite for obtaining a business license and / or activity". environmental permits contained in the law-pplh incorporate the process of handling environmental feasibility decisions, liquid waste disposal permits, and hazardous waste toxic waste permits (b3). at the enactment of law no. 23 of 1997, environmental feasibility decisions are administered at the beginning of business activities. the mining sector, for example, was taken care of before construction of the mine. after construction is completed, the entrepreneur must take care of the discharge permit of liquid waste and b3. now the three licenses are merged, being taken care of once into an environmental permit. the requirement is clear, that the environmental impact assessment (eia) or environmental management efforts (ukl) and environmental monitoring efforts (upl). without these three documents, environmental permits will not be granted. based on article 123 uu-pplh, "all permits in the field of environmental management issued by the minister, governor or regent / mayor in accordance with their authority shall be integrated into the environmental license no later than 1 (one) year since the law is stipulated" .elucidation to article 123, "permit in this provision, such as permits for the management of b3 waste, permits to discharge of wastewater into the sea, and discharge permits to water sources". the determination of this article is then questioned by the environmental entrepreneurs, especially the mining entrepreneurs . actually, the provision of environmental permit in the period of law no. 23 of 1997 already exists, but not yet united as article 123 uu-pplh.environmental permit at the time of act no. 23 of 1997 is granted separately and "as if" does not bind the entrepreneur to carry yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 out. this is due to unclear legal relationship between environmental permits with business license or other activities. environmental permit is an administrative legal instrument provided by an authorized official. environmental permit serves to control the concrete acts of individuals and businesses that do not damage or pollute the environment. as a form of direct regulation, environmental permits have the function to foster, direct, and discipline the activities of individuals or legal entities in order not to pollute and / or damage the environment. therefore, environmental permit is an essential environmental policy instrument in preventing and mitigating pollution and/or environmental damage. the main function of environmental permit is preventive, ie the prevention of pollution which is reflected from the obligations listed as permit requirements, while other function is repressive that is to overcome pollution and / or environmental damage which is realized in revocation of permit. in contrast to the two previous environmental laws, the law-pplh-2009 has been granted limited understanding of environmental permits. the definition of environmental permit is provided in article 1 number 35 which reads: environmental permit is a license granted to any person doing business and / or activities that are mandatory eia or ukl-upl in the framework of environmental protection and management as a prerequisite for obtaining a business license and/or activity. from this understanding there are two important things that need to be explained. first, that the environmental permit is not necessary for all business licenses and/or activity, but only obliged to businesses and/or activities that are mandatory eia or ukl-upl. this is in harmony with the function of environmental permits to control businesses and / or activities that have an impact on the environment. second, environmental permits are a prerequisite for obtaining business licenses and/or activities. this provision is a more progressive novelty of the two previous environmental laws. environmental permit has been combined with business license. authority issuance of environmental impact analysis the authority of the government in the management of the environment is constitutionally based on the provisions of article 33 paragraph (3) of the 1945 constitution of the state of the republic of indonesia which reads: "the earth and the water and the natural wealth which is contained therein are controlled by the state and used for the greatest prosperity of the people". the above provision asserts existence "right to harness the state "over the earth, water and natural resources contained therein . through this right the state is empowered to regulate the use and management of the earth, water and natural resources in order to be used for the greatest prosperity of the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 people. this authority may be fully implemented by the government or partly submitted to the region, depending on the system of government adopted. along with the demands of reform, since the enactment of law no. 22 of 1999 on regional government, which is now replaced by law no. 32 of 2004 on regional government article 10 paragraph (1), there has been a paradigm shift of centralist government system to be decentralized. since then there has been a reversal of power from center to region. unfortunately, this provision is itself countered by article 11 paragraph (1) that out of the six government affairs which are the most rapid authorities, it will be administered jointly between the center and the regions based on the criteria of externalities, accountability and efficiency (concurrent). on the basis of the nature of concurrent authority that is held the division of authority as regulated further in government regulation no. 38 of 2007 on the division of government affairs between the government, provincial governments and district / city governments. based on this pp, there are 31 matters of government that become joint affairs, comprising compulsory and optional affairs . affairs in the field of environmental management are included in the obligatory affairs group, meaning that it must be implemented by all regions. while that is optional, depending on the condition, uniqueness, and potential seed of the region concerned. on this basis, then each region does not necessarily have the same authority. therefore regional authority must first be determined by each region through local regulations (perda). 5) legislation l. law no. 23 of 1997 on environmental management (as umbrellas for other people related to the environment). m. law no.32 of 2009 on protection and management of environment (substitute of law no. 23 of 1997). n. minister of environment decree no. silivienlwl } llggs on quality standards liquid waste for indusfii activities. o. government regulation no. 27/1999 on anatisis on impact living environment. p. hinder ordonantie (ho ): act no. 1926 no. 226. q. government regulation no. 82/2001 on water quality management and pollution control water r. no. 9 of 2000 on guidelines for preparation of eia yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 4. conclusion the minister, governor or regent/mayor in accordance with their authority shall be obliged to supervise the compliance of the party responsible for the business and/or activity on the environmental permit. solving environmental disputes can be done through in or out of court. environmental dispute resolution options are voluntary by the related parties. judicial proceedings can only be made if the dispute resolution efforts outside the selected court are declared unsuccessful by one or the parties to the dispute. reference algore, earth in the balance: economics and the human spirit obor indonesia, jakarta prmisar aspects of pengelolahan environmental law, the milky notices , bandung. environmental law (in the development environment) letera, bandung. introduction to environmental licensing law, environmental law stylists (ers) cooperation between indonesia and the netherlands, surabaya, siahaan, 2004.hukumlingkungan ecology and development.publisher: jakarta nonimous, 1999. government regulation no. 27, 1999, on environmental impact assessment; anonymous, 2000. decision of the state minister of environment no. 2 in 2000, for guidance on assessment of environmental impact assessment (eia); anonymous, 2000. decision of the state minister of environment no. 8 in 2000, the involvement of indigenous peoples and the information disclosure in the environmental impact assessment process; anonymous, 2000. decree no. kepalda bapedal 9 year 2000 on guidelines for the preparation of environmental impact assessment (eia); anonymous, 2001. state minister lh, about type of business and / or activities that must be equipped with an environmental impact assessment (eia); ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 legal aspects of house sales agreement with inhouse method *dian yunari, moh saleh faculty of law, narotama university surabaya e-mail: *dianyunarie@gmail.com abstract house buying and selling can be performed with cash or installments through bank or kpr/ppr. in addition, a method of buying and selling houses between housing developers and buyers by installments can be also done without mortgage process called inhouse system. the purpose of this study is to determine and analyze the legal aspects of the house sale and purchase agreement using the in-house method. a house sale and purchase agreement and land rights must pay attention to the elements of article 1320 bw regarding the validity of an agreement. buyers are required to check the legality of a housing development company and the legality of the housing unit to be built. prospective buyers are expected not to be tempted by prices far below the housing market price, even though the company offers credit facilities without usury and bank mortgages. it's a good idea for buyers to make transactions if the building has been built, although partly to avoid fraud by the developer. to prevent development companies that do not comply with statutory regulations on settlements, the regional government should supervise and enforce the law regarding the legality of housing and infrastructure development, facilities and utilities as well as other environmental permits so that buyers' rights can be fully guaranteed. keywords: buying and selling of houses, inhouse, agreement 1. introduction every person has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment, which is a basic human need, and which has a very strategic role in shaping the character and personality of the nation as one of the efforts to develop indonesian people. completely, self-aware, independent, and productive. the government is still pursuing the right to an adequate place to live for indonesian citizens (li, 1999). a proper form of residence such as a landed house, flat, or other forms as in the statutory regulations, the term house according to is a building that functions as a habitable place to live, a means of fostering family, a reflection of the dignity of its inhabitants, as well as assets for the owner. in several cases, it was found that there were legal problems in housing construction up to the handover of the house, given that the housing construction process takes a long time, and of course a lot of money (ashworth & perera, 2018). housing developers can sell housing units without a home ownership credit, there are advantages that are felt by buyers in this case such as the amount of installments that are lower than those offered by the bank and without interest as well. however, it is necessary to remember that kpr has a plus value, namely the security of the ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 building object and the legality of the housing unit. this research will discuss more deeply about the aspects of the house sale and purchase agreement with the inhouse 2. research methods legallegal researchis a process to find the rule of law, legal principles, and legal doctrine in order to answer the legal issues at hand. this is in accordance with the character of law science. there are two types of legal research proposed by soerjono soekanto, namely normative legal research and empirical legal research. the type of research used in this research is normative legal research, which is a study that primarily examines positive legal provisions and legal principles. to support legal research, a research method is used which consists of the approaches used in this legal research, namely the statute approach, the case approach, the comparative approach and the conceptual approach. this research uses the empirical juridical method, namely juridical research carried out by examining library materials called library research with a statute approach. sources of legal materials used in this legal research use primary legal materials which are legal materials that are authoritative in nature, meaning they have authority. primary legal material consists of legislation and judges' decisions. the primary legal material in this research is law number. 4 of 1996 concerning mortgage rights to land and objects related to land, law number 10 of 1998 concerning banking, law number 8 of 1999 concerning consumer protection, law number 1 of 2011 concerning housing and settlement areas and law number 20 of 2011 concerning flats, as well as ministerial regulations as implementing regulations. meanwhile, secondary legal materials are all legal publications that are not official documents. publications on law that are used as secondary legal material in research are text books, legal dictionaries, literatures, scientific journals, and other dictionaries as a support. 3. results and discussion buying a house with an inhouse installment system the meaning of an agreement according to article 1313 bw is an act whereby one or more people bind themselves to one or more other people. the definition of an agreement according to the expert opinion of r. subekti is a legal event where a person promises to another person or where the two people promise each other to carry out something (raden subekti, 1987). in contrast to r wirjono projodikoro's opinion, the agreement is a legal relationship regarding property between two parties where one party promises to do something or does not make a promise while the other party demands its implementation (prodjodikoro, 1981). according to subekti, the principle of freedom of contract is a principle which states that basically everyone is ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 allowed to make a contract (agreement) which contains and of any kind as long as it does not conflict with law, morals and public order. this principle is implied in article 1338 bw, which in essence states that there is freedom to make any contract as long as it does not conflict with law, order and morality. the freedom to enter into agreements gives birth to various forms and forms of agreement which suit the parties. buying and selling is included in a group of named agreements, meaning that the law has provided its own name and special arrangements for this agreement. the mutual agreement has been regulated in both bw and wvs. according to article 1457 bw that a sale and purchase agreement is an agreement whereby one party binds himself to deliver an object and the other party to pay the promised price. according to r. subekti in his book, defining buying and selling is a reciprocal agreement in which the seller promises to hand over property rights to an item while the other party to the buyer who promises to pay a price consisting of an amount of money in return for the acquisition of the property rights (retno subekti, 2009) . according to wirjono prodjodikoro stated that buying and selling is an agreement in which a party binds itself to be obliged to deliver an item and the other party is obliged to pay the price, which both of them agreed (prodjodikoro, 1981). furthermore, according to volmar's opinion, as quoted by suryodiningrat as saying that: "buying and selling is a party where one seller (verkopen) binds himself to another party, the buyer (loper) to transfer an object in eigendom by obtaining payment from the latter, a certain amount. , in the form of money (suryodiningrat, 1996). according to salim hs, a sale and purchase agreement is an agreement made between the seller and the buyer. in the agreement, the seller is obliged to hand over the object of sale and purchase to the buyer and is entitled to receive the price and the buyer is obliged to pay the price and is entitled to receive the object (hayyuroza sofyan salim & marietza, 2017) objects that can become objects of sale and purchase are all movable and immovable objects, both according to the pile of weight, size, and scales, while those that are not allowed to be traded are (h s salim & ali, 1996). a. other people's objects or belongings; b. items that are not permitted by law such as illegal drugs; c. contrary to order, d. good morality. in essence, the seller's obligations under article 1474 of the civil code consist of two, namely: a. the seller's obligation to deliver the goods sold to the buyer; b. b.the obligation of the seller is under coverage or guarantee (vrijwaring), that the goods sold do not have any connection, either in the form of claims or differences. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 the main obligation of the buyer is to pay the price of the goods purchased at the time and place as agreed in the agreement. besides the main obligations, there are 3 main obligations of the buyer, namely checking the goods sent by the seller, paying the price of the goods in accordance with the contract, accepting delivery of the goods as stated in the contract. the principle of freedom of contract gives freedom to the parties to determine the form of a treaty, there are two forms of the purchase agreement, namely: 1. the agreement in oral form, which is an agreement made by the parties in an oral form and only by consensus and trust among parties. 2. the agreement in written form, the agreement which is poured into the writing or deed, the deed is divided into two kinds: a. authentic deed the definition of authentic deed is contained in article 1868 of the civil code, which is a deed made in the form prescribed by law by or before a public official who has the authority to do so at the place where the deed was drawn up. authentic deed can be in the form of notary deed, deed of official land deed maker (ppat), deed of mortgage. if there is a dispute regarding the content or implementation of the agreement, then everything contained in the deed is always considered to be true. b. underhanded deed deeds under hand or onderhands are deeds made by the parties without the intermediary of an official. article 1874 bw states that the deed below is a written signed and made without the intermediary or assistance of a public official. regarding the object of the agreement, it can be in the form of sale and purchase of a residential house along with land rights. a house is a building that functions as a place to live that is suitable for habitation, a means of fostering family, a reflection of the dignity of the occupants, as well as assets for the owner. housing can be provided by means of transfer or relinquishment of land rights by land owners, utilization and transfer of state-owned or regional property lands in accordance with the provisions of laws and regulations, utilization of former state land abandoned lands, land acquisition for development for the public interest in accordance with the provisions. legislation. legal entities play an important role in housing development, however, there are restrictions on buying and selling houses to consumers, including: a. everyone is prohibited from selling residential neighborhood units or lisiba that have not completed their land title status. b. conduct handover and / or withdraw funds of more than 80% (eighty percent) of the buyer c. build housing and / or settlements outside the area specifically designated for housing and settlements d. it is prohibited to transfer public infrastructure, facilities and utilities outside of their functions. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 e. it is prohibited to sell ripe land without a house. the developer can sell before the unit is built or what is known as pre project selling which is regulated in article 42 of the housing and settlement area law that single houses, row houses, and / or flats which are still in the construction process stage can be marketed through the preliminary sale and purchase agreement system according to with the provisions of laws and regulations. then in this provision it is stipulated that the preliminary sale and purchase agreement is carried out after meeting the certainty requirements for: a. land ownership status; b. things that were promised; c. ownership of the main building construction permit; d. availability of infrastructure, facilities and public utilities; and e. housing development at least 20% (twenty percent). buyers are obliged to clearly ask about the status of the land rights to be built housing, referring to article 43 of the law on housing and settlements that construction for houses can be carried out on land: a. right of ownership; b. right to build c. management rights; or d. use rights over state land. not all consumers or home buyers use kpr as a means of installment for home purchases. in fact, it is found in the field that the sale and purchase of house objects with land and buildings is carried out under the hands of the seller / developer and the buyer. whereas the sale and purchase of house buildings and land rights using the inhouse system are carried out by: a. giving down payment of 30% of the selling price of the house that has been set by the developer, or the dp can be paid in installments within a certain period, accompanied by the signing of the reservation letter for the housing unit. b. after the dp is granted, a sale and purchase agreement is signed between the developer and the buyer which can be done under the hand or in front of a notary c. drawing up a ppjb deed by a notary as a binding between the developer and the buyer explaining the installment amount and the period as well as other matters d. ppjb as the basis for signing the sale and purchase deed between the buyer and seller if the house unit has been paid in full by the buyer and the house building has been built, do not forget the pph and bphtb tax payments. in-house purchases of houses are in demand by the public due to several factors such as high bank interest which according to certain religious beliefs violates the principles of sharia in ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 bermuamalah, namely business activities that do not contain elements of usury, maisir, gharar, haram, and zalim. the definition of usury in the elucidation of article 2 of the sharia banking law is article 2 business activities based on sharia principles, among others, are business activities that do not contain the following elements: a. usury, which is an increase in income illegally (vanity), among others in the exchange of similar goods that are not of the same quality, quantity and time of delivery (fadhl), or in lending and borrowing transactions that require the facility recipient customer to return the funds received in excess of the loan principal because the passage of time (nasi'ah). for example, in east java, there are many islamic home offers without usury using the in-house installment method, which attracts buyers who avoid usury transactions. installments using this in-house method have legal issues that have been decided by the surabaya district court in decision no. 86 / pdt gs / 2020 / pn.sby which will be discussed in a special sub-chapter. analysis of the decision of the surabaya district court no 86 / pdt gs / 2020 / pn.sby whereas at the beginning the plaintiff entered into a house sale and purchase agreement with the defendant as stated in the house sale and purchase agreement (spjbri) number 04 / ping-l / spjbr / x / 2017 with the defendant (pt. pig) represented by the ss director on the date 21 october 2017. that the price of the house that the plaintiff has agreed to buy from the defendant is idr 303,600,000 (three hundred three million six hundred thousand rupiah) located in aparna wiyung kav.15 with lb / lt: 40m2 / 20 m2. this is stated in the spjbri house sale and purchase agreement (inhouse house sale and purchase agreement) no. 04 / ping-l / spjbr / x / 2017 article 1 and on the installment table, with a down payment of rp. 30,000,000 ,. (thirty million rupiah) and monthly installments of rp. 2,850,000 (two million eight hundred and fifty thousand rupiah) for 8 (eight) years. whereas before signing the spjbri house sale and purchase agreement (letter of sale and purchase agreement) no. 04 / ping-l / spjbr / x / 2017 and the advance payment between the plaintiff and defendant. pt pig stated that it would build the house that had been purchased (aparna wiyung kav.15) then would hand over the house in accordance with article 4 number (5) in the spjbri house sale and purchase agreement (inhouse house sale and purchase agreement) no.04 / ping -l / spjbr / x / 2017 after the down payment is paid in full. whereas then on december 23, 2017, the plaintiff had paid the down payment for the purchase of a house in aparna wiyung kav. 15 as stated in article 8 number 2 (two) in the spjbri house sale and purchase agreement (letter of sale and purchase agreement) no. 04 / ping-l / spjbr / x / 2017 amounting to rp. 30,000,000 ,. (thirty million rupiah). then the plaintiff paid installments for the purchase of a house in the aparna wiyung kav. 15 for 23 (twenty three) months. starting january 2018 february 2020. with a total paid amounting to rp. 2,850,000 x 23 = rp. 65,550,000., (sixty five million five hundred and fifty). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 whereas later after the plaintiff paid the down payment for the purchase of the house and paid the installments for the house in aparna wiyung kav.15 up to the 23rd (twenty three) installments, the defendant had not yet built and made the handover of the house to the plaintiff in accordance with what had been agreed both. in writing and orally. whereas on june 3, 2020 the plaintiff sent a request for clarification number: 01 / snp / kls / 2020 which in essence requested the settlement of the dispute in accordance with article 9 paragraph 1 of the spjbri house sale and purchase agreement (letter of sale and purchase of house houses) no. 04 / ping-l / spjbr / x / 2017. that because there was no response to our first letter of clarification on june 10, 2020, we sent a return letter which basically stated that the request for clarification was not responded to with the number: 02 / snp / kls / 2020. whereas on june 10, 2020, the defendant sent a response to a request for clarification which stated that the defendant admitted that he had not built the object of the house in aparna wiyung kav.15 which had been purchased by the plaintiff. whereas on july 1, 2020, we sent a letter of notice / warning number: 01 / snp-adv / somasi / vi / 2020, asking the defendant to immediately carry out the obligation to construct the housing unit purchased by the plaintiff or to return all costs paid by the plaintiff. . on july 9, 2020, the defendant sent a letter of response to a summons / warning, which basically admitted that the defendant had not carried out the construction of the housing unit purchased by the defendant and offered to move the housing unit with an increase in price. the plaintiff objected because there were additional costs that were requested. therefore, asked the defendant to continue to build the aparna wiyung kav.15 unit which had been purchased by the plaintiff or return the fees paid by the plaintiff. that on july 20, 2020, the defendant sent a subpoena response letter, in which the defendant agreed to carry out the obligation to build a house unit that had been purchased by the plaintiff, and asked the plaintiff to pay the unpaid installments for the purchase of a house. according to the defendant, the mechanism for the in-house purchase of the defendant's house was that down payments had been paid, the installment payments had reached 24 times, then the construction would be carried out and after that the handover would be carried out. however, the plaintiff has not yet reached 24 installments and a fine has been incurred for the late payment of the plaintiff's installments which have been paid in 23 installments belonging to the plaintiff so that the defendant has not yet carried out construction because the plaintiff has not made the payment as agreed in the spjbri no. 04 / ping-l / spjbri / x / 2017 pt. pig has clearly written sanctions and fines in article 6, which in this case is that if the plaintiff is in good faith, then it is appropriate to understand the rights and obligations of each party. in this case, it is necessary to study whether the defendant has broken his promise or in default on the basis that the defendant did not carry out his obligation to build the house that the ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 plaintiff had purchased and made the handover of the house after the down payment was paid in full in accordance with the spjbri house sale and purchase agreement (sale and purchase agreement). inhouse house) no. 04 / ping-l / spjbr / x / 2017. in this case, there is an element of default, namely default, namely the failure to carry out the construction of the house as promised by the seller, the doctrine of default according to salim hs carrying out the agreement is said to have committed an act of default. the concept of default according to salim hs is a person or party who cannot or does neglect in the implementation of the obligations stipulated in the agreement made between the parties. ahmad qirom syamsudin argues that default can take the form of (miru, 2007). 1. unable to carry out the contents of the agreement clause is a debtor who is negligent of his obligations / achievements whole; 2. fulfill the achievement but it is too late. parties who are late in fulfilling the achievements can include parties who default on their promises; 3. fulfill the achievement but not in accordance with the clause it was explained that the debtor carried out the agreement but it was not in accordance with the agreement clauses. evidence that a person has committed default is required to send a subpoena as stated in article 1238 of the civil code that the debtor is declared negligent with a warrant, or with a similar deed, and in fact that the buyer has sent a warning letter to the seller to immediately build the house according to what was promised. however, until the defendant was challenged the defendant had not been built, according to the judge, from the evidence and witnesses submitted by the defendant, none of the evidence indicated that there was an obligation for the plaintiff to pay installments to the 24 new houses purchased by the plaintiff to build or not to build houses. purchased by the plaintiff because of forced circumstances or (overmacht), or because the plaintiff is also in default. however, based on witness testimony, pendik, who is legal from the defendant as well as a contractor partner, testified that the letter of working order kav.15 had only been discharged and worked for the last 2 weeks, because the defendant did not have the funds to build it. because if it hasn't been paid yet, the witness doesn't dare to build it. based on the aforementioned considerations, it is clear that the defendant has been proven to have broken his promise or default and can prove the arguments for his lawsuit while the defendant cannot prove the arguments for his denial, therefore the plaintiff's petitum number 3 can be granted. considering that because the defendant was proven to have broken his promise or default and the plaintiff asked for the inhouse house sale and purchase agreement (spjbri) number: 04 / ping-l / spjbr / x / 2017 broken due to default (default), the panel of judges granted plaintiff's lawsuit. as a consequence of not building the house, based on article 1243 bw ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 the debtor is obliged to compensate the creditors for fees, losses and interest if they default. the judges' decisions in this case included: 1. partially granted the plaintiff's claim; 2. declare and bind the inhouse house sale and purchase agreement (spjbri) number: 04 / ping-l / spjbr / x / 2017; 3. to declare that the defendant committed default; 4. declare the letter of agreement for the sale and purchase of house houses (spjbri) number: 04 / ping-l / spjbr / x / 2017 disconnected due to default (default); 5. sentenced the defendant to reimburse costs, losses and interest as well as fines to the plaintiff with details of the advance fee of: rp. 30,000,000.00 (thirty million rupiah) installments for 23 months amounting to rp. 2,850,000.00 (two million eight hundred and fifty thousand rupiah) per month x 23 months = rp. 65,550,000.00 (sixty-five million five hundred and fifty thousand rupiah). so that the total cost is idr 95,550,000.00 (ninety five million five hundred fifty thousand rupiah), interest: idr 95,550,000.00 (ninety five million five hundred fifty thousand rupiah) x 6% = idr .5,733,000.00 (five million seven hundred thirty three thousand rupiah) x 3 years from 2017 to 2020 = so that the total interest to be paid by the defendant to the plaintiff is rp.17,199,000.00 (seventeen million one hundred and ninety nine thousand rupiah) fines: rp. 100,000,000.00 (one hundred million rupiah) and an amount of rp. 212,749,000. so that the total amount that must be paid by the defendant to the plaintiff is rp. 212,749,000, (two hundred and twelve million seven hundred and forty-nine thousand rupiah). 4. conclusion a house sale and purchase agreement and land rights must pay attention to the elements of article 1320 bw regarding the validity of an agreement. buyers are required to check the legality of a housing development company along with the legality of the housing units to be built and do not be tempted by prices that are far below the housing market price even though the company offers credit facilities without usury and kpr bank. it's a good idea for buyers to make transactions if the building has been built, although partly to avoid fraud by the developer. to prevent construction companies that do not comply with statutory regulations on settlement, the regional government should supervise and enforce the law regarding the legality of housing and infrastructure development, facilities and utilities as well as other environmental permits so that the buyer's rights can be fully guaranteed. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 references ashworth, a., & perera, s. (2018). contractual procedures in the construction industry. routledge. li, t. m. (1999). compromising power: development, culture, and rule in indonesia. cultural anthropology, 14(3), 295–322. miru, a. (2007). hukum perjanjian dan perancangan perjanjian. raja grafindo. jakarta. prodjodikoro, w. (1981). asas-asas hukum pidana di indonesia, cet. 3. pt eresco, jakartabandung. salim, h s, & ali, a. (1996). menguak tabir hukum suatu kajian philosophis dan sosiologis. jakarta: pt. chandra prtama. salim, hayyuroza sofyan, & marietza, f. (2017). pengaruh manajemen laba dan corporate governance terhadap kecurangan laporan keuangan (studi empiris pada perusahaan manufaktur yang terdaftar di bursa efek indonesia periode 2008-2015). universitas bengkulu. subekti, raden. (1987). hukum perjanjian. intermasa. subekti, retno. (2009). keunikan model black litterman dalam pembentukan portofolio. prosiding seminar nasional mipa uny, yogyakarta. suryodiningrat, r. m. (1996). perikatan-perikatan bersumber perjanjian, tersito. bandung. ------------(2005), main -primary of civil law, jakarta: intermasa -------------(1995), various agreements, bandung: citra aditya bakti ---------------------------(1991), civil law regarding certain agreements, bandung: sumur --------------(2008), introduction to written civil law (bw), jakarta: sinar grafika ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 135 legal aspects in the making of the buying boarding deed and the power of sale eric reinaldo, rusdianto sesung faculty of law narotama university surabaya e-mail: ericreinaldo14@gmail.com abstract the process of buying and selling land has a procedure that has been regulated in the legislation. in the process of buying and selling land, problems are often found, such as the inability to sign the deed of sale because it has not been paid off. one way to keep the binding on the object of sale and purchase is through the making of a ppjb deed and the power to sell. the function of ppjb and the power of attorney is to prevent the seller from committing fraudulent acts to the buyer by reselling the object's land to other prospective buyers. there have been criminal law cases in connection with the making of the ppjb deed and the power to sell which will be analyzed in this legal research. the formulation of the problem in this legal research is the procedure for making a sale and purchase binding deed and the power to sell, a juridical review of a criminal decision against a notary in making a sale and purchase deed and ppjb. that this legal research uses normative legal research and uses a conceptual approach, and a case approach as a means of supporting legal research. the benefits of this legal research are as a guide so that law enforcers have a better understanding of how notaries work and as a means of increasing knowledge. keywords: notary/ ppat, power to sell, ppjb 1. introduction contract law in the indonesian civil code is open or flexible in nature as in the principle of freedom of contract. this principle has a meaning which means that the parties can have the widest freedom to enter into an agreement containing anything, as long as it does not violate applicable regulations, public order, and morality. the agreement makers may make provisions in the agreement itself that deviate from the articles in the law of the agreement. articles of contract law are complementary, which means that these articles can be waived if desired by the parties making an agreement. if they do not regulate something themselves, it means that it will be subject to the applicable law (subekti: 2002). that this open system in the kuhperdata can be found in article 1338 paragraph (1), which is quoted as follows "all agreements made legally apply as law for those who make them". making an agreement can be used in a land sale and purchase agreement that accommodates land supplies for those in need. one of the methods used to obtain land today is through buying and selling. buying and selling transactions have actually existed since before the independence of the republic of indonesia, known as transactions through customary mechanisms that are accommodated in the current legislation. with the times, of course, changes in the regulations in the field of buying and selling land have also changed. to achieve this legal certainty, authentic written evidence is needed regarding legal circumstances, events, or actions. notaries and ppat are officials who have the authority to make authentic deeds based on the law. authentic deeds as the strongest and fullest evidence have http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 136 an important role in every legal relationship in people's lives. in various sales and purchases of land. through authentic deeds that clearly define rights and obligations, guarantee legal obligations, and it is also hoped that disputes can also be avoided (supriyadi: 2008). the principle of buying and selling there is a real principle or real delivery that occurs if the price according to the agreement has been paid, there will be real levering or delivery. the customary law principles used in the sale and purchase of land in article 5 of law no. 5 of 1960 concerning basic regulations on agrarian principles requires that buying and selling must be cash and clear. this clearly means that the sale and purchase is carried out in the presence of an authorized public official, in this case the land deed making officer (ppat), while what is meant by cash is the transfer of ownership rights when the sale and purchase of land is carried out and the sale and purchase at that time. however, for certain cases, if the ajb cannot be implemented, the sale and purchase can be postponed and a deed of sale and purchase agreement or a deed of sale and purchase binding agreement (ppjb) made before a notary. the sale and purchase binding agreement made before a notary is an agreement of the parties based on article 1320 in conjunction with article 1338 of the civil code so as to provide legal certainty and protection for those who make it. the sale and purchase binding agreement (ppjb) is the initial bond between the seller and the buyer in the transaction, and must be followed up with the making of a sale and purchase deed (ajb), because ppjb has not legally transferred rights. the achievement of the real intent and purpose of buying and selling. a ppjb deed also contains a statement that the price of the land and/or building has been paid in full (repayment occurs) by the buyer to the seller/land owner. juridically, this means that the deed has fulfilled the requirements as the basis for the transfer of land rights. consequently, the ppjb deed will be followed by the deed of authorization to sell. in the power of sale from the land owner as the seller to the buyer, all legal interests can be carried out. furthermore, with the power to sell, the buyer can later sell to other parties without the need for legal assistance from the seller or in this case it is used to sell to himself the buyer himself for the purpose of transferring the rights to the land and buildings. the granting of power (lastgeving) is an agreement by which one person gives power (authority) to another person, who receives it, to carry out an affair on his behalf. provisions regarding the granting of power of attorney are regulated in the civil code, namely book iii chapter xvi starting from article 1792 to article 1819. power of attorney (volmacht) is not regulated, either specifically in the civil code or in other provisions of the act, but is described as one part of the grant power (herlien budiono: 2008). notaries are required to pay attention to aspects of making binding deeds of sale and purchase and authorization to sell, this is done by checking the original certificate and other documents. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 137 a criminal law case has been found that occurred after the ppjb deed was made which was actually not purely the fault of the notary but rather of the appellants themselves. this case is taken from a decision that has permanent legal force and can be categorized in an interesting decision to be studied more deeply. this legal research paper is published under the title legality aspects in the making of buying and sale bonding deeds 2. research methods a research according to soerjono soekanto is a scientific activity based on analysis and construction which is carried out in a systematic, methodological and consistent manner and aims to reveal the truth. as a manifestation of human desire to know what they are facing (soerjono soekanto: 1986). this research is not social research but legal research which is normative law, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced (peter mahmud marzuki, legal research, 2011). the researcher uses a normative type of research because this study aims to find coherence, namely whether there are legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether someone's actions are in accordance with legal norms or legal principles (peter mahmud marzuki , legal research revised edition, 2014). this study aims to examine legal facts juxtaposed with regulations and concepts in law. in this study, the researchers used three problem approach methods, namely, the statutory approach, the conceptual approach, and the case approach. the statutory approach is carried out by reviewing all laws and regulations related to the legal issue being researched. the conceptual approach departs from the views and doctrines that develop in the science of law. studying the views and doctrines in legal science, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, it will be possible to find the concept of responsibility attached to the position of a notary if there is negligence in reporting the will. in this study, researchers used legal sources, including: a. primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. b. secondary legal materials are all publications on law that are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and commentaries on court decisions. in this study, the secondary legal materials used include books in the field of law, papers, articles, and theses. the formulation of the problem that will be discussed in this paper can be formulated as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 138 1. procedure for making a deed of binding sale and purchase and power of sale 2. juridical review of criminal decisions against a notary in making a deed of sale and purchase and ppjb 3. results and discussion procedure for making a deed binding sale and purchase and power to sell there is an expression that from the land and will return to the land, the expression is none other than that land is a major natural resource and has strategic value. the need for land for humans is increasing day by day but is not balanced with the amount of land area, so that the availability of land is increasingly limited. these limitations make land a very valuable asset for humans and it is not uncommon as a result of this a dispute occurs. therefore, in land ownership it is mandatory to attach a right which is usually called a land right. land rights are rights to certain limited parts, two dimensions in length and width. a person who has land rights will be authorized to utilize the land according to its function and use. (harsono boedi, indonesian agrarian law:2008). one of the authorities in land ownership is to transfer land rights through buying and selling procedures. the procedure for buying and selling land rights that have been certified can be done through ppat, but if the buyer has not been able to fulfill article 5 of the uupa, a sale and purchase agreement can be made on the land rights. other provisions regarding ppat are regulated in article 37 paragraph (1) government regulation number 24 of 1997 concerning land registration, transfer of land rights and ownership rights to apartment units through buying and selling, exchanging, grants, income in the company and legal acts of transfer of rights. others, except that the transfer of rights through auction can only be registered if it is proven by a deed made by the authorized ppat according to the provisions of the applicable laws and regulations. the ppjb deed and the deed of power of attorney to sell are agreements made by the parties before the ajb is carried out or it can be called a preliminary deed. this power of attorney to sell is an authentic deed made by a notary in accordance with the authority in the notary position act and other regulations. a ppjb must be based on an agreement as outlined in the agreement. the parties in making ppjb are based on the agreement as stated in the agreement in accordance with the provisions of article 1320 of the kuhper which is a condition for the validity of an agreement, namely: a. agreed; b. legal proficient; c. a certain matter, and d. a reason that is allowed http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 139 ppjb's position in contract law is an agreement that was born because of the principle of freedom of contract where there must be an agreement between the parties making the agreement, so that if there is no agreement in an agreement, then the agreement made is invalid and tied. in making ppjb it is not only motivated by the non-fulfillment of elements in buying and selling according to article 5 of the uupa, the fact that ppjb can be motivated by the existence of a debt agreement which in this case becomes a legal smuggling as if the sale and purchase of land that is guaranteed has been agreed. where in general a deed of debt recognition should be made with the guarantee of the land by also making a deed of granting mortgage which if the debtor breaks his promise, the auction process will be passed. protection for buyers in ppjb is usually carried out with conditions that are also followed by a request for an irrevocable power of attorney with the aim that if the seller does not fulfill it, the buyer can claim and ask for compensation in accordance with the agreement stipulated in the ppjb. in general, the legal procedure for making a ppjb deed and the power of attorney to sell is carried out by the parties, with the buyer first giving a down payment of 30% of the transaction price or funds that have been agreed upon by both parties, then depositing the certificate at a notary so that the seller does not immediately resell the object's land. . the deposit is provided with a receipt issued by a notary. if the buyer pays the sale and purchase price as evidenced by receipts and proof of transfer as well as other tax provisions, then the process of signing the deed of sale and purchase is carried out before the ppat. juridical review of criminal decisions against notaries in making sale and purchase deeds and ppjb that in this case a notary became a defendant with the initials kna, sh, mkn who was accused of committing a crime in september 2014 located at the notary's office belonging to the defendant on jalan nakula no. 8 legian kuta, badung regency or at least in other places that are still included in the jurisdiction of the denpasar district court, intentionally providing an opportunity, means or information, for witness gunawan priambodo (the defendant in a different case file) to commit an act intentionally and against the law owning something wholly or partly belongs to another person, but which is in his control not because of a crime, the act is carried out in the following way: 1. witness gunawan priambodo and witness (victim) marhendro anton inggriyono, both of whom are fellow businessmen / property agents in bali , until august 8, 2014 the defendant was visited by witness sugiartini, who is witness gunawan priambodo's personal staff, with a letter of completeness for land located at the taman griya housing complex, villa paradise loft (hereinafter referred to as tanah paradise loft) in the form of hgb certificate: 7062/ kelurahan benoa covering an area of 5,455 m2 on behalf of pt . nuansa bali utama to make a sale and purchase http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 140 agreement between witness gunawan priambodo and the witness (victim) but not by making a sale and purchase agreement (ppjb) but only making a deed of power to sell between witness gunawan priambodo and the victim's witness), which according to witness sugiartini that the witness gunawan priambodo and the witness (victim) agreed that the payment method for the land was to write off the receivables belonging to the witness (victim) that were still with witness gunawan priambodo then accumulated the receivables together with several transactions between witness gunawan priambodo and the witness (victim) who failed, including: 1. rp.5,542,250,000,(five billion five hundred forty two million two hundred fifty thousand rupiah) which is the total payment for paradise loft land (february 8 2013, february 9, 2013, and october 31, 2013); 2. rp. 750,000,000,(seven hundred and fifty million rupiah) which is a receivable from the buyback of 1 shophouse unit on jalan diponegoro on october 18, 2012 which should have been returned by witness gunawan priambodo; 3. rp. 50,000,000,(fifty million rupiah) which is a payment receivable for shop houses in nusa dua in july 2013 which should have been returned by witness gunawan priambodo; 4. rp.5,493,750,000,(five billion four hundred million ninety three million seven hundred fifty thousand rupiah) which is a receivable (failed transaction due to permit) for the payment of 4 lots of land in bangsing pecatu, south kuta in july 2013; so that it becomes a total of rp. 11,673,500,000, (eleven billion six hundred seventy three million five hundred thousand rupiah), then after knowing the condition of the hgb certificate which is still in the name of pt. nuansa bali utama and not on behalf of witness gunawan priambodo, the defendant was still willing to agree to the making of the power of attorney to sell, so that the hgb certificate was kept at the notary office of the defendant, however on august 13, 2014 witness sugiarto returned to the defendant's notary office, which in at that time, witness sugiartini admitted that he was ordered by witness gunawan priambodo to take back the hgb certificate: 7062/ benoa village covering an area of 5,455 m2 which at that time was in/still being kept in the defendant's office, on the grounds that witness gunawan priambodo himself would take care of the splitting of the certificate. furthermore, without asking about where the certificate will be taken for resolution or other problems related to the plan to make the previous power of attorney, the defendant easily gave the certificate to witness sugiartini, until finally on september 4, 2014 witness gunawan priambod o together with the witness (victim) marhendro anton http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 141 inggriyono and the witness shanty rahardjo came to the defendant's office to carry out the transaction and the engagement, by bringing the following documents: sale and purchase agreement (ppjb) no.30 dated 20 november 2012 between witness gunawan priambodo with pt. nuansa bali utama, and deed of power of attorney no. 31 dated november 20, 2012 which contains pt. nuansa bali utama authorized witness gunawan priambodo to sell a plot of land with an area of 4179 m2 with hgb: 6237/ benoa from a base area / global area of 6063 m2 on behalf of pt. nuance bali utama, both ppjb and the deed of authorization to sell were made at the notary office of witness putu trisna rosilawati, sh, mkn who is a professional colleague of the defendant or fellow notary and ppat who served in the badung regency area, but even though he knew this the defendant who was a notaries should have more ability and knowledge in the land sector than other general public, which then the defendant did not check with the notary witness putu trisna rosilawati, sh, mkn regarding the legality of ppjb and the power of attorney to sell, then the defendant received land documents and the identity cards of the parties for further processing, apart from that the defendant also did not inform the witness (victim) of the existence of the hgb certificate no. 7062 / benoa village which had previously been taken back by the witness gunawan priambodo and was no longer in the defendant's office. so that it gives happiness opposition to witness gunawan priambodo to continue to carry out the deed of power of attorney to sell with the witness (victim), even though the defendant is very understanding and knows that the making of the deed of power of attorney will have an impact on the loss of witness gunawan priambodo's obligation to return the money / write off the receivables belonging to the witness (victim) was with witness gunawan priambodo, but the defendant continued to make the deed of authorization to sell, which before signing the deed the defendant had shown a photocopy of hgb certificate no: 7062 / benoa village while providing information to help witness gunawan priambodo convince the witness (victim) in the form of a statement. "that it is true that the paradise loft land that the witness (victim) is going to buy belongs to witness gunawan priambodo, and a transaction can be carried out" so that upon hearing this statement, the witness (victim) felt more confident and trusted to enter into an engagement, so that finally ak power of attorney to sell number: 03 dated september 04, 2014, in which the contents of the letter are witness gunawan priambodo as the attorney who has sold part of the land covering an area of approximately 2962 m2 and has been paid in full by the beneficiary namely witness (victim) marhendro anton inggriyono, and will be completed within a period of 3 months and so on..., then after the completion of the deed the witness http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 142 (victim) can no longer collect his money which is with witness gunawan priambodo (receivables) and considers the deed of authorization to sell as collateral for the sale and purchase transaction between himself and witness gunawan priambodo, namely in the form of a portion of paradise loft land covering an area of 3021 m2 for rp. 11,673,500,000, (eleven billion six hundred seventy three million five hundred thousand rupiah) which subsequently due to an agreement with witness gunawan priambodo was changed to an area of 2962 m2 for rp. 11,538,000,000, (eleven billion five hundred thirty eight million rupiah, then after 6 (six) months since the deed of authorization to sell above, the witness (victim) has not yet received a hgb certificate from the defendant or from witness gunawan priambodo, so the witness (victim) asked the defendant this, and only then did the defendant tell the witness (victim) that the hgb paradise loft certificate no: 7062 / kelurahan benoa had been taken a long time ago by witness sugiartini, so the witness (victim) was confused and felt very disadvantaged, then tried to contact witness gunawan priambodo, but to no avail, so he can only ask about it to witness sugiartini, and witness sugiartini explained that the hgb certificate no: 7062 / kelurahan benoa was already at the witness notary office triska damayanti then the witness (victim) checked the notary office marhendro anton inggris yono made various efforts to witness gunawan priambodo to collect / get back all of his money in the amount of rp. 11,673,500,000,(eleven billion six hundred seventy three million five hundred thousand rupiah) which is still with the defendant, but never found a meeting point / solution so that he finally reported all the actions of the defendant to the police. however, he was unable to meet witness triska damayanti, sh, mkn and was only able to meet witness i made juli ardika, sstpar who is an employee of witness triska damayanti, sh, mkn, then the witness (victim) received an explanation that it was true that the paradise loft (hgb) land certificate no : 7062 / benoa) located at the notary office of the witness triska damayanti and some of the land, covering an area of 1746 m2 has been sold by the defendant gunawan priambodo to witness sariyanto for rp. 3,500,000,000, (three billion five hundred million rupiah), so that next, the witness (victim) tried to meet witness sariyanto, and got the same information, so the witness (victim) whereas the defendant's actions gave witness gunawan priambodo the opportunity to enter into an engagement without checking the legality of the alas hak object of the engagement, then providing facilities in the form of a place to carry out transactions / engagements and information to the witness (victim) mahendra anton inggriyono for a it made it easier for witness gunawan priambodo to carry out his actions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 143 resulting in the write-off of the receivables belonging to witness (victim) marhendro anton inggriyono who was with witness gunawan priambodo, resulting in the witness (victim) suffering a loss of rp. 11,673,500,000, (eleven billion six hundred seventy) three million five hundred thousand rupiah); from this description, it can be concluded that the notary concerned did not check the legality of the rights mat attached by the seller, lacked accuracy in his work, provided a certificate which should not be allowed until the buying and selling process was completed and provided a means to commit a criminal act of fraud. the defendant's actions were regulated and threatened with crime in article 372 of the criminal code jo. article 56 paragraph (2) of the criminal code. in the decision of the district court no. 196/pid.b/2019/pn.dps has been given a verdict that: 1. stating the defendant ketut neli asih, sh. above, it has been legally and convincingly proven guilty of committing the criminal act of “intentionally providing opportunities or facilities in the criminal act of fraud” as stated in the second indictment of the public prosecutor; 2. sentencing the defendant therefore with imprisonment for: 1 (one) year and 4 (four) months; 3. determine the period of arrest and detention that has been served by the defendant to be deducted entirely from the sentence imposed; 4. determine that the defendant remains in custody; in this case, the judge considered that the notary's office was used by the defendant as a means of committing the crime of fraud committed by the witness, even though from a civil law perspective, the notary is not a party but an independent official who does have an office designated as a place to work. the administrative error committed by the defendant was related to the administrative aspect of making the deed. the judge should look at the aspect of the presence or absence of intention or mens rea in the defendant. with regard to mens rea, that the locus delicti of the perpetrator commits the act, the perpetrator has the will (willen) of the act and or the consequences of his action, also knows or understands (weten) these things. if actus reus involves an act that is against the law (unlawful act), then mens rea includes the elements of the offense maker, namely the mental attitude, which by the monistic view of the offense is called the subjective offense or psychological state of the maker (utrecht, criminal law i: 1967). . that the judge is obliged to judge in terms of the presence or absence of intentions and actions. if viewed from the mens rea doctrine, that the defendant made a mistake in terms of administration of making the ppjb deed and the power to sell, but the indictment of providing a notary office facility as a locus delicti for a criminal act of fraud by witnesses is not appropriate and tends to have to participate in "dragging" a notary as a defendant even though he is not thus, if he commits an act http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 144 of administrative error that results in a person feeling a loss, a civil lawsuit should be made, not a criminal one. meanwhile, in the decision of the bali high court number 27/pid/2019/pt dps, the defendant was sentenced as follows: 1. accepting the request for an appeal from the defendant ketut neli asih, sh, said; 2. correcting the decision of the denpasar district court number 196/pid.b/2019/pn dps dated april 25, 2019 for which an appeal was requested, only regarding the sentence imposed on the defendant, so that the sentence reads as follows: “impressing the defendant with a sentence of imprisonment for: 1 (one) year and 2 (two) months”; 3. confirming the decision of the denpasar district court number 196/pid.b/2019/pn dps dated april 25, 2019 for the rest; 4. determine that the defendant remains in custody; 5. charges case fees to the defendant at both levels of court, which at the appeal level is set at rp. 5,000.00 (five thousand rupiahs). the decision of the high court is not much different from the verdict handed down to a notary, and this is very detrimental to the notary. on this basis, a judicial review was submitted which was decided in the decision number 20 pk/pid/2020. in the review decision, the panel of judges had different opinions on the judges of the district court and the high court. judges have legal opinions, including the following: 1. judex facti at the first instance has erred in assessing and concluding the legal facts revealed before the trial: that the legal considerations of the panel of judges at the first level on page 59 paragraph 2 (two) point 3 (three) which stated "in the end, ppjb was not made but only made a power of attorney to sell between witness gunawan priambodo and witness (victim) "that the consideration of the panel of judges was wrong and misleading and did not match the facts of the trial, as if the defendant did not allow making ppjb and only wanted to make ppjb. power of attorney to sell. based on the facts of the trial, the testimony of witness marhendro anton inggriyono, gunawan priambodo, the corresponding statement of the defendant explained that ajb could not be carried out because the hgb certificate no. 7062/benoa had not been renamed in the name of gunawan priambodo and because it could not be made an ajb, the defendant suggested that it be made deed of authorization to sell on the basis of ppjb no.30 dated 20 november 2012, authorization to sell no. 31 dated 20 november 2012, receipt of payment from gunawan priambodo to pt. the nbu and the statements of witnesses mahendro anton inggriyono and gunawan priambodo who stated that they had paid off the payment for land with hgb certificate no. 7062/benoa covering an area of 2962m2 in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 145 paradise loft based on a payment agreement by accumulating the victim's witness receivables. on the basis of these evidences, the defendant made a deed of authorization to sell. 2. the fact that the defendant/comparant described above is contained in the judge's consideration on page 60 which states that “because the hgb certificate is still in the name of pt. nuansa bali utama (pt.nbu) and not on behalf of witness gunawan priambodo, the defendant made a deed of power of attorney to sell between witness gunawan priambodo and witness victim"/: that the legal considerations of the first level judges on page 61 point 2: "the defendant did not check regarding the legality of ppjb and the deed of power of attorney for which the deed has been revoked…….”, that the consideration of the panel of judges was incorrect and misleading and ignored the facts of the trial, as if the defendant was forced by the panel of judges to exceed the authority of the defendant as a notary which is regulated by the law on the position of notary to carry out investigations into the truth of pjb and the selling authorization made by another notary. only checking the formalities of the appearances such as the original id card and other required completeness so that it cannot be criminally prosecuted for the product made, the product is in the form of a notarial deed (p. safe 48). and the opinion of the criminal expert is in accordance with the opinion of the notary expert dr. i made pria dharsana, sh., m.hum who is of the opinion that based on article 15 of the law of the republic of indonesia number 2 of 2014 concerning the position of a notary, the obligation of a notary is only a formality, not material in nature, there are no obligations given by the law on the position of a notary for a notary act to investigate/investigate or examine materially the original or fake files that are used as the basis by the parties that are submitted to the notary, such as the party's id card/kk, especially when brought by the parties it is a copy of the original deed and the original certificate of the land object to be transferred /for sale (page 51). the testimony of the witness trisna rosilawati, sh, mkn on page 37 the witness stated that after the witness made the deed of cancellation of ppjb and revocation of the power of attorney to sell the witness had asked for a copy of the ppjb and the power to sell. based on the information from witness sugiartini, it was shown that the defendant made the deed of authorization to sell no. 3 dated september 4, 2014 on the basis of the original hgb certificate no. 7062/benoa which has been checked for the certificate at the bpn badung office and the results are not problematic, the original copy of pjb and the original power of attorney selling, so the judge's judgment stating that the defendant made the power to sell based on a photocopy of the certificate has been refuted with the testimony of witness sugiartini. and in accordance with the statement with the opinion of the criminal law expert, dr. i gusti ketut ariawan, sh., mh. who is of the opinion that if the notary when signing the deed of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 146 authorization to sell only shows a photocopy of the certificate of ownership which has previously been submitted to the original certificate of ownership to the notary, and has been checked with bpn and from bpn there is no problem with the certificate of ownership, then it is said to be valid even though when the signing is only shown a photocopy because it is in accordance with the procedures in uujn. based on these legal considerations, the panel of judges at the supreme court held another opinion and gave a verdict that: 1. granted the petition for judicial review from the petitioner for judicial review of the convicted ketut neli asih, sh, mentioned; 2. cancel the decision of the denpasar high court number 27/pid/2019/pt dps dated 27 june 2019; trial back: 1. declaring that the convict ketut neli asih, sh, is proven to have committed the act as charged against him, but the act was not a criminal act; 2. release the convict therefore from all lawsuits (ontslag van alle rechtsvervolging); 3. restoring the rights of the convict in terms of ability, position and dignity and worth; from this case it can be concluded that: 1. in the case of making a deed of sale and purchase / ppjb along with the power to sell, the notary is obliged to check the original certificate through the local land office if a transaction is to be carried out on the binding of land rights, preferably after the signing of the transaction the certificate is stored by entrusted to the notary so as not to be traded by the seller before signing the deed of sale and purchase 2. . administrative errors made by a notary do not necessarily become the realm of criminal law, the judge is obliged to conduct a review based on the regulations of the position of a notary and other regulations regarding the position of a 3. notary. accused of providing advice to the appearer to commit a criminal act. this must be reviewed, the prosecutor must understand the function of the notary office as a place of work for a notary in accordance with the law on notary positions, and must understand the concept of "facing" by the parties to make a deed. referring to the case, the defendant was purely working according to the rules in the notary position act and did not help clients commit fraud. the author appreciates the panel of judges who are very pro in carrying out legal protection for the position of a notary by releasing the defendant and returning the position of a notary. as a legal consequence of the review decision, if the minister of law and human rights has made a decision to dismiss a notary, then http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 147 according to the contrarius actus principle, the convicted notary can be reappointed as a notary. 4. conclusions the making of the ppjb deed and the power to sell is a preliminary agreement made by a notary as a means of binding down payments on the transaction. if the payment for the object of land rights has been paid off, a deed of sale and purchase in front of the ppat can be signed which is attached with a receipt for payment by the buyer. in the case of making a deed of sale and purchase/ppjb with the power to sell, the notary is obliged to check the original certificate through the local land office if a transaction is to be carried out on the binding of land rights, preferably after the signing of the transaction the certificate is stored by depositing it with a notary so as not to traded by the seller before signing the deed of sale and purchase. administrative errors made by a notary do not necessarily become the realm of criminal law, the judge is obliged to conduct a review based on the regulations for the position of a notary and other regulations regarding the position of a notary. in this case, it is unfortunate that the notary was charged with providing advice to the court to commit a criminal act. this must be reviewed, the prosecutor must understand the function of the notary office as a place of work for a notary in accordance with the law on notary positions, and must understand the concept of "facing" by the parties to make a deed. referring to the case, the defendant was purely working according to the rules in the notary position act and did not help clients commit fraud. the author appreciates the panel of judges who are very pro in carrying out legal protection for the position of a notary by releasing the defendant and returning the position of a notary. as a legal consequence of the review decision, if the minister of law and human rights has made a decision to dismiss a notary, then according to the ius contrarius actus principle, the convicted notary can be reappointed as a notary. suggestions 1. the notary must provide an explanation to the parties who appear regarding the ppjb procedure and the power to sell up to the stage of the sale and purchase deed. the notary should be careful so as not to be dragged as a party in the making of the deed. 2. the preparation of the ppjb deed must be carried out carefully and thoroughly regarding the legality of the certificate as evidenced by checking the certificate through the local land office, the notary has the right to refuse the making of the deed if the appearer is not willing to submit the original certificate as a condition of checking. references http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 148 boedi, harsono (2008), indonesian agrarian law, history of the formation of basic agrarian laws, content, and implementation, jakarta: trisakti marzuki university publisher, mahmud peter (2011), legal research, jakarta: kencana prenada media group subekti , covenant law (2002), jakarta: intermasa supriadi, ethics & responsibilities of the legal profession in indonesia (2008), jakarta: sinar graphic budiono, herlien (2008), collection of civil law writings in the notary field, bandung: image of aditya bakti soekanto, soerjono (1986), introduction to legal research, jakarta: ui press utrecht (1967), criminal law i, bandung: university publisher http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 354 legal sanctions against companies that breach the provisions of circulation license (case study of decision number 728 / pid.sus / 2018 / pn.sby) zelfy aristin 1 faculty of law, narotama univercity surabaya zelfyaristin666@gmail.com abstract through the decision of the surabaya district court number 728 / pid.sus / 2018 / pn.sb pt. asahan food does not need to stay in prison for 6 (six) months, provided that within the next 1 (one) year the owner of pt. asahan food is of good character. in the case of endangering the public with the decision mentioned above, the verdict in the case of the surabaya district court has anomalies and has a vague meaning to law no.18 of 2012 concerning food article 91 and article 142 considering that there are still legal loopholes as a criminal act in the case of pt. asahan food for deliberately taking steps to ignore it for quite a long time (4 years) since the issuance of the new regulation to administer the permit from bpom as the agency that has control over the safety of food products. so that this can cause loss and cause of death for the wider community. keywords: law, food crimes, and community losses. 1. introduction indonesia is a large and densely populated country with a scale of more than 260 million people and with the influence of the globalization era, indonesia has very diverse food needs. to safeguard the country's sovereignty, indonesia also needs to pay attention to domestic food security. national development must be considered and monitored as best as possible. national development is a reflection of all the people to always improve their prosperity and welfare in a just and equitable manner in all aspects of life in order to create a just and prosperous society, both material and spiritual based on pancasila, contained in the fifth principle and the constitution of the republic of indonesia 1945 (hufbauer, 1998). food availability efforts based on the optimal use of local resources are carried out by means of food diversity and prioritizing domestic food production. this is realized through the management of supply and price stabilization of staple food, management of staple food reserves, and distribution of staple foods. utilization of food or consumption of food and nutrition will be one of the factors determining the success of development. this is done by fulfilling diverse food intake, nutritionally balanced, and meeting the requirements for food safety, food quality and food nutrition (bulkeley & kern, 2006). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 355 food safety administration for food production activities or processes for consumption must be carried out through food sanitation, regulation of food additives, regulation of genetically engineered food products and food irradiation, stipulation of food packaging standards, providing food safety and quality assurance as well as guaranteeing halal products for which is required. food business actors are responsible for food distributed, especially if the food produced causes loss, both to health problems and to death of the person consuming the food (maduka & okafor, 2014). to realize general welfare, food sovereignty, food self-sufficiency and food security, the public can participate through the implementation of production, distribution, trade, food consumption, implementation of community food reserves, prevention and overcoming of food and nutrition hazards, delivery of information and knowledge on food and nutrition. , supervision of the smooth implementation of food availability, food affordability, food diversification, food security and / or improvement of household food self-sufficiency. the community can also convey food problems to the government and local governments (rose-ackerman, 2002). the efforts of bpom and mui in maintaining food quality and quality are not alone because the roles of the two institutions are assisted by the halal product guarantee agency (bpjph) which is supervised by the ministry of religion (mranani & lastianti, 2019). the role of bpjph is in charge of accepting registration and issuing halal certificates to find out whether processed food is appropriate or not to be labeled by bpom so that it does not have an impact on health causing poisoning or impacting death from processed food that is ready to eat that has been widely circulated in consumers. consumers must be vigilant and careful with packaged food that will be purchased and consumed. today the circulation of processed food products is widely circulated in the market, even through online social media, including using facebook, instagram, twitter and others. in this case, well-known artists or social media activists who have many followers or followers can be used as a tool to promote these processed food products, as commonly referred to as advertising or endorsement media. because it attracts consumer interest this triggers the artist's followers to buy the product that their idol is advertising. but the artist does not use it directly only to promote it so do not think about the impact of what they have been promoting, it could be that it has an impact on human health. as public figures, they must also participate and be responsible in providing good product information to the public with what they have promoted so that they do not participate in promoting ready-to-eat food that does not or does not have food permit distribution provisions (indriani, n.d.). in consumer protection, there are several principles, namely the principle of benefit, the purpose of the principle of benefit is that efforts to implement consumer protection can provide http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 356 maximum benefits for the benefit of consumers in this case for consumers and producers (putra, 2020). in essence, both must be mutually beneficial but still within the corridor of regulated laws. in addition, there is the principle of justice, which is meant for the organizer of consumer protection to realize the implementation of their rights and obligations in a fair manner. on the other hand, there is a principle of balance which aims to provide a balance between the interests of consumers and business actors and the government. in addition, there are safety and security principles for consumers to provide security and safety guarantees for consumers in consuming the selected food. the last principle in consumer protection, namely the principle of legal certainty, is intended so that consumers and business actors obey the laws regulated in order to obtain justice in the implementation of consumer protection guaranteed by the state (tănăsescu, 2020). this last principle is the main problem in the problem of the relationship between producers as business actors who produce processed food to the public as consumers. so that they get legal protection and companies that obey the rules that have been adjusted by the indonesian state get criminal sanctions. recently in indonesia there has been a spread of a virus which is very worrying and deadly for the community. this also occurs in parts of the world, in the international world this virus is known as the corona virus disease or better known as the corona virus or covid-19. this virus spreads very quickly to fellow humans, the way of transmission is through fluids that come out of a human body that has been exposed to the corona virus previously through the media of goods or objects that are often touched by humans. therefore, the authors also pay attention to the cleanliness of goods, namely in terms of sterilization of processed food products so that all communities are more sustainable (sisman et al., n.d.). the existence of law enforcers, especially judges, to make a decision ideally should contain an idea des recht which includes three elements, namely justice (gerechtigheid), legal certainty (rechtszekerheid), and benefit (zwechtmassigheid). sanctions are generally a means of coercing a person to obey the prevailing norms. sanctions contain the essence of a criminal threat (strafbedreiging) and have a duty to comply with the established norms (carter, 1987). seeing the various problems that exist, this will have a deeper discussion related to health, food, food hygiene, food entrepreneurs and licensing of ready-to-eat distributed food. any person engaged in one or more food agribusiness subsystems, namely providers of production inputs, production processes, processing, marketing, trade and food support as supporting rights and obligations that can be held accountable for the business that they manage. pt. asahan food, which produces and trades pia bali print cakes and male balinese pia cut cakes, which do not have a food distribution permit, do not have a food production and home industry certificate issued by the regent / mayor of surabaya (yustianti & roesli, 2018). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 357 food business actors who deliberately do not have a distribution permit for any processed food made domestically or imported for trading in retail packaging as referred to in article 142 in conjunction with article 91 paragraph (1) of law no. 18 of 2012 concerning food. pt. asahan food, in this case, produces a balinese cake that only uses a distribution permit from the health office extension letter no. depkes ri.sp no. 244/13 / .01 / 92 and the health office extension letter no. depkes ri.sp no.1056 / 13.01 / 96 which is printed on the cardboard pia bali cake. in this case the verdict of the surabaya district court case still has a vague meaning considering that there are still legal loopholes as a crime in the pt. asahan food because it deliberately took a long time to ignore the permit from bpom as the agency that has control over the safety of food products so that it can cause loss and cause of death for the wider community which can be a legal issue in the subject of this research. 2. research methods this type of research is juridical normative which is sourced from statutory regulations, the surabaya district court decision, and other legal documents. legal research or what is often said to be normative juridical research aims to find coherent truth, namely are there legal rules that are in accordance with legal norms, then what are the norms in the form of orders and prohibitions that have been made in accordance with legal principles and one's actions are in accordance with legal norms in other words not only according to existing rules or legal principles. 3. results and discussion judge position the decidendi ratio in the judge's decision becomes an interpretation in a legal proposition. interpretation according to kbbi (big indonesian dictionary) is giving impressions, opinions, or theoretical views on something; interpretation. the proposition in this context is the premise, the premise according to the kbbi (big indonesian dictionary) is first; what is considered true as the basis for later conclusions and rationale, second; reason and third; assumptions, sentences or propositions that are used as the basis for drawing conclusions in logic in this case is the judge's deliberation process. this proposition can be realized explicitly or implicitly. the existence of a legal proposition that decides a case is seen from the point of view or context of material facts as a legal proposition which is the result of the rational judgment of the judge. another definition of legal adage is "judex set lex laguens" (the judge is the speaking law). this is the existence of law enforcement and express or implied rules that are applied by judges as a process of reaching conclusions. in the perspective of the common law system, the previous judge's decision is the main source of law which is absolutely necessary to observe when facing a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 358 similar case. the material facts, which are used by the judge when he builds considerations towards the conclusion that becomes a verdict. the rule of jurisdiction in essence it is the rule of legal discovery. it is not appropriate for a decision to be called jurisprudence if there is no trace of legal discovery, either providing a new interpretation (through interpretation outside the grammatical interpretation) or establishing a new norm (through construction), which differs from the provisions of various legal sources that have been in effect at the time. this. judge policies are referred to as guidelines in deciding a case in court or the main pillar and last place for justice seekers in the judicial process. judges are officials who carry out the duties of judicial power as located in article 11 paragraph (1) of law number 5 of 1986, namely judicial officials who are authorized by the law to judge contained in article 1 paragraph (8) of law number 8 years 1981 concerning criminal procedure law (kuhap), to uphold law and justice. so from that it is burdened on the power of judges as a consequence of the rule of law, how the explanation of the 1945 constitution states that the republic of indonesia is a state of law and the consequences are determined by judicial power, considering the position of the judiciary even article 25 of the 1945 constitution states that the conditions for becoming and dismissed as judges are established by law. the judge's decision determines a sentence and its fairness in a dispute or violation of the law. thus the task of judges in law enforcement is repressive, meaning that it determines law and justice after concrete cases have occurred, which in turn creates a source of law. every law is static and not dynamic, so it cannot keep up with social developments. this creates an empty space in the legal provisions that apply in society and for that it needs to be filled in. the task of filling the empty space is borne by the judges by making legal discoveries through the method of interpretation or legal construction, on the condition that in carrying out their duties with the spirit of law or not being arbitrary. article 10 paragraph (1) of law number 48 of 2009 concerning justice, namely 1. to ensure legal certainty that every case submitted to court will be decided. 2. to encourage judges to make legal discoveries. 3. as a symbol of the freedom of judges in deciding cases. 4. as a symbol, the judge does not always have to be literally bound by the existing laws and regulations. judges can use various methods to achieve a true and fair trial. judge function the implementation of the principle ius curia novit for a judge in handling a case in the judicial system in indonesia who tries not to apply the unus judex principle, but adopts a flexible panel system (vide article 11 paragraph (1) of law number 48 2009), unless the law stipulates http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 359 otherwise. having a minimum of 3 (three) judges in one panel is intended to complement and complement one another. even the law itself states that for the sake of examination of cases in court proceedings, all courts are obliged to provide mutual assistance requested (vide article 15 of law number 48 of 2009), and judges are obliged to explore, follow and understand the values. law and a sense of justice that lives in the community, so that it will greatly assist the judge in resolving every case that is being examined or tried by the panel of judges concerned. in article 19 of law 48 of 2009 concerning judicial powers it reads: "judges and constitutional judges are state officials who exercise judicial powers as regulated in law" judge's verdict an executable judge's decision which contains ethos (integrity), pathos (first and foremost juridical considerations), philosophical (based on a sense of justice and truth), and sociological (in accordance with the cultural values prevailing in society), and logos (accepted by reason. healthy), for the sake of creating the independence of the administrators of the judicial power. in this case the author analyzes the subject matter of the study, namely the decision of pt. asahan food with number 728 / pid.sus /2018 / pn.sby as material for analysis of the results of the verdict above, there are irregularities or legal loopholes where the judge's interpretation is not directly proportional to the decision of the judge who tried pt. asahan food. in the verdict, the judge interpreted the actions of pt. asahan food which does not have a food distribution permit is a common violation not a crime that incriminates the owner of pt. asahan food. even though the judge's verdict was real and convinced that the defendant's actions could endanger the community as burdensome matters. however, in the verdict on the trial, the judge only sentenced the defendant to imprisonment for 6 (six) months and then the judge's verdict also stipulated that the sentence did not have to be served unless a judge decided otherwise because the convict had committed an act. punishment before the probation period for 1 (one) year ends. in terms of endangering the public with a criminal verdict that is only imprisoned for 6 (six) months, it is a very light matter, especially since there is an additional verdict that is not burdensome, namely probation for 1 (one) year which means the defendant. in short, probationary punishment (voorwaardelijke) means the defendant owns pt. asahan food does not need to stay in prison for 6 (six) months, provided that within the next 1 (one) year the owner of pt. asahan food is of good character. the owner of pt. asahan food was given a harsher sentence by the panel of judges. considering that there is an element of crime in it, namely deliberately neglecting for a period of approximately 4 (four) years not to take care of food distribution permits and other certifications determined by the competent government agencies, in this case the bpom and mui. this has http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 360 become a legal loophole where there are no clear rules regarding the time frame of a necessity in the provisions for managing a food distribution permit as can be seen in law no.18 of 2012 concerning food article 91 paragraph (1) in terms of safety, quality control. , and nutrition, every processed food made domestically or imported to be traded in retail packaging, food business actors are required to have a distribution permit. the importance of public safety as consumers is not taken into account by judges and tends to be ignored. judges should prioritize interests and provide protection to the wider community as consumers who have inherent human rights and are protected by the constitution of the republic of indonesia in article 28a concerning human rights, where everyone has the right to live and has the right to defend his life and life. and article 28d paragraph (1) where everyone has the right to just recognition, guarantee, protection and legal certainty as well as equal treatment before the law. judges as the vanguard in maintaining justice, should give accurate and fair decisions. the judge can also use his power to impose sentences beyond what is charged by the public prosecutor (jpu), this is called the ultra petita principle. the principle of ultra petita is that a judge renders a decision on a case that is not prosecuted / petitioned for or passes more than what was requested. i.p.m. ranuhandoko defines ultra petita as exceeding what is requested, so that the meaning of ultra petita is to impose a decision by a judge on a case that is not prosecuted or decide beyond what is requested. one example of ultra petita occurred in the ahok case, the panel of judges at the north jakarta court sentenced the governor of dki jakarta to 2 (two) years in prison, basuki tjahaja purnama (ahok) for the alleged case of blasphemy. the verdict hearing took place at the auditorium of the ministry of agriculture, south jakarta. "sentenced to 2 (two) years imprisonment" said chairman of the panel of judges dwiarso budi santiarto in the trial, tuesday (9/5/2017). the panel of judges found ahok guilty. although in the previous trial the public prosecutor (jpu) demanded a sentence of 1 year in prison with a probation period of 2 (two) years against basuki tjahaja purnama alias ahok. the governor of dki jakarta was deemed to have violated article 156 of the criminal code, which means that in short, probation (voorwaardelijke) means that the defendant ahok does not need to stay in prison for 1 year, provided that in the next 2 (two) years ahok is of good character. although in this case ultra petita is the pros and cons, ultra petita is still needed and needed to uphold the justice that lies on the shoulders of a judge. in the history of justice in indonesia, there are several decisions of the supreme court of the republic of indonesia that dare to open the frame of the ultra petita prohibition, namely as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 361 1. supreme court decision no. 140k / sip / 1971, which is basically regulated in the provisions of the judge making a verdict that is ultra petita on the condition that "it must still be in a framework that is in line with the core of the lawsuit". 2. decision of supreme court rl no. 556k / sip / 1971, which basically stated that the judge may decide to grant a lawsuit that exceeds the request on the condition that "it must still be in accordance with the material incident". 3. decision of supreme court ri no.1097k / pdt / 2009, which in essence states that permitting ultra petita decisions is not clearly stated in the petitum in the a quo case but in the lawsuit contains a subsidiary petitum and is necessary for the effectiveness of the decision. 4. supreme court decision no. 425k / sip / 1975, which in essence an order of the judge may carry out ultra petita in determining how appropriate the amount of compensation should be, even though the plaintiff has the right to demand a certain amount of compensation; the attitude of the supreme court above is evidence that the judiciary has carried out its main activity, namely providing and administering substantial justice for the justice-seeking community, and does not want to make law as a technology without a conscience, but as a moral one. thus from the description above it can be understood that a judge in examining and deciding a case must have the courage to leave the frame of a legal principle or rule that cannot bring justice or justice to the justice-seeking community, because the judge's duty is to realize and uphold justice, not only limited to what is in the laws and regulations. considering that statutory regulations are not purely a legal product, statutory regulations still have political interests in them because there is an element of negotiation of attraction in making or creating these laws and regulations. so that for the sake of justice, the judge becomes an important figure who is expected to create justice in an effort to find law, so ultra petita can be an option to uphold real justice for the community. legal sanctions against companies that breach uncertificated food laws legal sanctions on the company food that is safe, high quality and nutritious is very important for the role of growth, maintenance and improvement of health status and increasing public intelligence. therefore, the community needs to be protected from food that can harm and / or endanger health. through the food and drug supervisory agency (bpom) and the indonesian ulema council (mui) which have an important role in maintaining the quality and quality of a processed food product through tests and leading to certification of a food processed product so that it has a food distribution permit and is ready for distribution. to the wider community as consumers. certification is proof that a business actor has carried out a feasibility test at bpom and mui which have certification of safety, quality, food nutrition and halal assurance. thus the wider http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 362 community as consumers is guaranteed the safety and sustainability of their lives. the government, through state institutions, seeks to ensure food safety that is circulating in the wider community. through the government regulation of the republic of indonesia number 28 of 2004 also provides rules related to food safety, quality and nutrition. there is a relationship between the company as a business actor that produces processed food and the community as consumers. according to the law of the republic of indonesia number 8 of 1999 concerning consumer protection, what is meant by business actors is every individual or business entity, whether in the form of a legal entity or non-legal entity which is established and domiciled or carries out activities within the jurisdiction of the republic of indonesia, either independently. as well as jointly through agreements to carry out business activities in various economic fields. apart from being the government's responsibility, security for food quality and nutrition assurance is also the responsibility of business actors. the existence of sanctions is closely related to the form of supervision and law enforcement by law enforcers and by the community. legal sanctions for companies that violate food distribution permits are the result of law enforcement, while law enforcement occurs due to violations and the occurrence of violations can be overcome through supervision. the form of supervision and law enforcement can be objective, honest, integral and dynamic. based on presidential regulation number 80 of 2017 concerning the food and drug supervisory agency, the food and drug supervisory agency is a non-ministerial government agency that carries out government affairs in the field of drug and food control. bpom is under and responsible to the president through the minister who holds government affairs in the health sector. the bpom has the task of carrying out government duties in the field of food and drug control in accordance with the provisions of laws and regulations. drugs and food consist of drugs, medicinal ingredients, narcotics, psychotropic substances, precursors, addictive substances, traditional medicines, health supplements, cosmetics, and processed food. in carrying out the task of drug and food control, bpom carries out functions: 1. to formulate a national policy in the field of drug and food control; 2. implementing national policies in the field of medicine and food; 3. to formulate and stipulate norms, standards, procedures and criteria in the field of precirculation control and during circulation control; 4. implementation of supervision before circulation and supervision during circulation; 5. to coordinate the implementation of drug and food control with central and regional government agencies; 6. providing technical guidance and supervision in the field of drug and food control; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 363 7. to take action against violations of the provisions of laws and regulations in the field of drug and food control; 8. coordinating the implementation of tasks, guidance, and providing administrative support to all organizational elements within the bpom; 9. to manage state property / assets which are the responsibility of bpom; 10. supervision of the implementation of tasks within the bpom; 11. implementation of substantive support to all organizational elements within the bpom. in carrying out the task of drug and food control, bpom has the authority to: 1. issuing product distribution permits and certificates in accordance with the standards and requirements of safety, efficacy / benefits and quality, as well as drug and food testing in accordance with statutory provisions; 2. conduct intelligence and investigation in the field of drug and food control in accordance with the provisions of laws and regulations; and 3. imposing administrative sanctions in accordance with statutory provisions. the role of bpom against companies violating food distribution permit rules bpom as the food and drug control agency certainly has the authority to supervise the circulation of food in society. business actors producing or importing food packaged into indonesian territory for trading are required to include a label on, inside and / or packaged food and the label contains at least information regarding: (a) name of product, (b) list of ingredients used , (c) net weight or net content, (d) name and address of the party producing or importing food into the territory of indonesia and (e) information about halal and the date, month and year of expiration. in article 142 of law number 18 year 2012 concerning food, it is stated: food entrepreneurs deliberately not having a distribution permit for any processed food made domestically or imported for trading in retail packaging as referred to in article 91 paragraph (1) shall be punished with imprisonment of 2 (two) years or a maximum fine. a lot of rp. 4,000,000,000.00 (four billion rupiah). sanctions for dangerous food sellers anyone who violates the provisions regarding compliance with food quality standards as well as contaminated food as mentioned above, will be subject to administrative sanctions. the administrative sanctions are in the form of: a. fine; b. temporary suspension from activities, production and / or distribution; c. withdrawal of food from circulation by producers; d. compensation; and / or http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 364 e. revocation of license. in addition, it can also be criminalized. in law number 8 of 1999 concerning consumer protection (“consumer protection law”) it is stipulated that business actors are prohibited from producing and / or trading goods and / or services that do not meet or do not comply with the required standards and the provisions of laws and regulations. for food and beverages, there are food safety and quality standards established by the government. so, if the seller sells food that does not meet food safety and food quality standards, then he also violates the provisions of the consumer protection law. business actors who violate the provisions of the consumer protection law, will be punished with imprisonment of up to 5 (five) years or a maximum fine of rp. 2 (two) billion. the chairman of the indonesian consumers foundation (ylki) north sumatra, abubakar siddik, also said in the ylki article: snacks containing hazardous preservatives can be punished, that food sellers who use hazardous substances can be charged under article 62 of the consumer protection law and face a maximum penalty of 5 years in prison and a fine of rp. 2 billion. 4. conclusion efforts by the government of the state of indonesia in upholding justice through judges' considerations in deciding a case are contained in law no. 48 of 2009 concerning judicial power. this provides an illustration related to the ratio analysis of the surabaya district court in deciding the case of pt. asahan food no.728 / pid.sus / 2018 / pn.sby. judges as the vanguard in maintaining justice, should give accurate and fair decisions. judges should prioritize interests and provide protection to the wider community as consumers who have inherent human rights and are protected by the constitution of the republic of indonesia. the duty of a judge is to realize and uphold justice, not just what is in the laws and regulations. considering that statutory regulations are not purely a legal product, statutory regulations still have political interest in them because there is an element of negotiation of attraction in making or creating these laws and regulations. so that for the sake of justice, the judge becomes an important figure who is expected to create justice in legal discovery efforts, then ultra petita can be an option to uphold real justice for the community. the food and drug supervisory agency (bpom) and the indonesian ulema council (mui) have an important role in maintaining the quality and quality of a processed food product through tests and leading to certification of a processed food product so that it has a food distribution permit and is ready for distribution. to the wider community as consumers. certification is proof that a business actor has carried out a due diligence at bpom and mui that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 365 have halal certification. thus the wider community as consumers are guaranteed safety and survival. the government, through state institutions, seeks to ensure food safety that is circulating in the wider community. however, in its development there are still business actors who are naughty and have evil intentions that are oriented solely to material gain. the regulations that apply to food distribution permits can be easily circumvented by cooperating with law enforcement officials. the community should also be introspective to protect themselves and their families, the community must know the importance of bpom and mui certification. the government through state institutions must also play an active role in socializing and enforcing the law, so that people as consumers do not become victims again. suggestion the government should conduct a review related to the limits on the requirement for a food distribution permit so that it does not become a legal loophole for business actors who cheat, namely the laws and regulations governing food, especially in article 142 of the republic of indonesia law number 18 of 2012 concerning food. the government must also be more serious in enforcing the law on the circulation of food permits and the hope is that the government will immediately make new regulations, especially on criminal sanctions against companies that commit criminal acts and acts against the law related to food circulation. the efforts of bpom and mui to maintain quality assurance and clarity of a product through certification are good, but there are still obstacles in the field related to cooperation between business actors and law enforcement officers (certification officers) who deviate from the soup rules that apply in bpom and mui which aim to simplify the certification process so that the community becomes victims. it is hoped that the government will carry out double supervision independently and in an impartial manner during the certification assistance period with the aim of the process not being made an arena for personal gain by individuals who have interests above the interests of the wider community as consumers. references bulkeley, h., & kern, k. (2006). local government and the governing of climate change in germany and the uk. urban studies, 43(12), 2237–2259. carter, b. e. (1987). international economic sanctions: improving the haphazard us legal regime. calif. l. rev., 75, 1159. hufbauer, g. (1998). economic sanctions. proceedings of the asil annual meeting, 92, 332–335. indriani, a. d. h. (n.d.). the role and legal standing of code of ethics in the law enforcement system in notary profession. maduka, c. e., & okafor, o. (2014). effect of motivation on employee productivity: a study of manufacturing companies in nnewi. international journal of managerial studies and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 366 research, 2(7), 137–147. mranani, n. a., & lastianti, s. d. (2019). analysis of the effect of experiential marketing and community reference on purchase decisions (study in surabaya brain coffee). international journal of advances in social and economics, 1(1), 36–44. putra, s. g. m. s. r. (2020). legal reconstruction of implementation legally binding verdict in industrial relations court. jurnal hukum dan peradilan, 9(1), 99–115. rose-ackerman, s. (2002). corruption and the criminal law. forum on crime and society, 2(1), 3– 21. sisman, w. p. p., rahman, s., qahar, a., & abbas, i. (n.d.). repositioning the notary code of ethics as a fair legal instrument. tănăsescu, m. (2020). rights of nature, legal personality, and indigenous philosophies. transnational environmental law, 9(3), 429–453. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 strength and guarantee of legal certificate of written evidence after the issuance of permen atr no. 6 years 2018 mohammad saleh * , susakti wibowo, reinhard yeremia faculty of law narotama university surabaya e-mail: * ssleh.nwa@gmail.com, susaktiwibowo@ymail.com, reinhardyeremia.93@gmail.com abstract research with the topic of strength and guarantee of legal certainty of certificates as written evidence after the issuance of ministerial regulation no. atr. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on pp. 24 of 1997 according to article 26 paragraph (1) pp no. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity article 11 paragraph (1) permen atr no. 6 of 2018 for 14 (fourteen) working days. the matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. research using the approach to legislation and a concept approach obtained a conclusion, that: the principle of publicity in pp no. 24 of 1997 for a period of 60 working days and permen atr no. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith. keywords: publication, certificate, legal certainty i. introduction the government in an effort to ensure legal certainty, organizes land registration throughout the territory of the republic of indonesia according to the provisions stipulated in a government regulation, as referred to in article 19 paragraph (1) of law number 5 of 1960 concerning basic agrarian regulations ( uupa) (nair, 2011). the above shows that the government is aware of the importance of land registration to ensure legal certainty for the holder, and understands that there are still many parcels of land throughout indonesia that have not been registered, of course, do not have proof of rights, which serve as a strong evidence. as article 19 paragraph (2) letter c bal. land registration is “a series of activities, carried out by the government, continuously, continuously and regularly, including the collection, processing, bookkeeping, and presentation and maintenance of physical data and juridical data, in the form of maps and lists, regarding land parcels, issuing letters proof of rights for parcels of land that already have rights. land parcels are registered, certificates are issued as evidence of land rights and the authority to issue them is the land office. when a certificate is issued, it can be easily proven who the right holder is (suwitra & puspadma, 2018). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 land registration to guarantee legal certainty to holders whose names are listed in the certificate, is in line with the objectives of land registration as stated in the general elucidation of the bal, namely: a. lay the foundations for the preparation of the national agrarian law, which will be a tool to bring prosperity, happiness and justice to the state and the people, especially the peasants, in the framework of a just and prosperous society; b. laying the foundations for unity and simplicity in land law; c. laying the foundations to provide legal certainty regarding land rights for the whole people. land registration is to ensure legal certainty, that legal certainty is a guarantee that the law must be implemented in a good way. legal certainty requires efforts to regulate law in legislation made by authorized and authoritative parties, so that these rules have a juridical aspect that can guarantee certainty that the law functions as a regulation that must be obeyed. normative legal certainty is when a regulation is made and promulgated with certainty, because it regulates clearly and logically. it is clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that they do not clash or cause norm conflicts. norm conflicts arising from uncertainty in the rules can take the form of norm congestion, norm reduction or norm distortion. the importance of legal certainty over land tenure, especially in the life of the state, therefore the agrarian legislation in indonesia (uupa) regulates land registration regulated in government regulation no. 24 of 1997 (pp no. 24 of 1997), in order to guarantee legal certainty for rights holders. on the land in question. in order to guarantee legal certainty for holders of land rights, according to the law a "certificate" is a strong means of proof so that the owner is given legal certainty and legal protection. with the certificate, the holder of land rights will be guaranteed its existence (putri et al., 2020). land registration, the registrant is given proof of title, which acts as a strong means of proof known as a certificate, in which it consists of a copy of the land book containing juridical data, then attached with a measuring document containing physical data, then bound together. and given a green cover with a picture of an eagle. to test the strength of the certificate, the land registration system is also known as a publication system (supriadi et al., 2020). land registration is carried out in accordance with statutory regulations and carried out as pp no. 24 of 1997. related to the principle of publicity used to test the strength of proof of certificate, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on pp. 24 of 1997 with land registration based on the regulation of the minister of agrarian affairs and spatial planning/head of bpn of the republic of indonesia number 6 of 2018 concerning complete systematic land registration (permen atr no. 6 of 2018). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 in article 26 paragraph (1) pp no. 24 of 1997 that the list and maps of the relevant land parcels or parcels as a result of the measurement are announced for 30 (thirty) days in systematic land registration or 60 (sixty) days in sporadic land registration to provide opportunities for parties who interested parties file an objection, while article 11 paragraph (1) of the minister of atr no. 6 of 2018 it is stated that "to fulfill the principle of publicity in proving land ownership, an announcement of physical data and juridical data is carried out which is published at the land office and the local kades/kelurahan office for 14 (fourteen) working days". the existence of ambiguity in the application of the principle of publicity makes the absence of a legal certainty for certificates issued based on the minister of atr no. 6 of 2018. the matter that needs to be disputed is related to the strength and guarantee of legal certainty for certificates as written evidence after the issuance of permen atr no. 6 of 2018. 2. research methods normative legal research as a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced, namely the legal consequences of the ppat delay in registering the deed of transfer of rights at the bpn office during the covid-19 pandemic in terms of laws and regulations in this case pp no. 24 of 1997. primary legal materials are in the form of statutory regulations and secondary legal materials in the form of concepts of undergraduate opinion, journals and so on. 3. result and discussion land registration land registration for the first time, according to article 1 point 9 of pp on land registration, land registration for the first time is a land registration activity carried out on land registration objects that have not been registered based on government regulation number 10 of 1961 concerning land registration ( pp 10/1961) or pp land registration. for the first time, land registration was carried out through systematic land registration and sporadic land registration. systematic land registration is a land registration activity for the first time that is carried out simultaneously which includes all land registration objects that have not been registered in the territory or part of the territory of a village/kelurahan. systematic land registration is carried out at the initiative of the government based on a work plan and carried out in areas determined by the minister (gunadi, 2019). sporadic land registration is a land registration activity for the first time regarding one or several objects of land registration in the territory or part of the territory of a village/kelurahan individually or in bulk (article 1 number 11 pp no. 24 of 1997). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 registration of publications, is used to test the power of proof of certificates, namely strong or not strong and absolute or not absolute (frampton, 2018). there are two types of publication systems, namely the positive publication system and thepublication system negative. the positive publication system uses a rights registration system, so there must be a register or land book for the storage and presentation of juridical data, while the certificate is a letter of proof of rights. recording a person's name in the register as a right holder makes a person the holder of the right to the land concerned, not a legal act of transferring rights (tittle by registration, the register is everything). this statement is the philosophical basis that underlies the torrens system, namely with this positive publication system the state guarantees the truth of the data presented. in a negative publication system, the registration operator acts passively, only accepting what is stated by the applicant or registrant, in such conditions it is vulnerable to be disputed by third parties who feel more entitled to challenge the validity of the certificates issued (magassing et al., 2018). this means that the negative publication system of the information contained in it has legal force and must be accepted as true information as long as and as long as there is no evidence to prove otherwise. because it is vulnerable from third party lawsuits, because negative publications do not provide legal certainty to registrants as rights holders because the state does not have a guarantee of truth related to the physical data and yirudus data presented (mulyono, 2022). the land registration system in indonesia as explained in article 32 pp no. 24 of 1997, that the uupa does not use a positive publication system, where the truth of the data presented is guaranteed by the state, but uses a negative publication system. in the negative publication system, the state does not guarantee the truth of the data presented, but nevertheless it is not intended to use the negative publication system purely, so that land registration in indonesia is more directed to a negative publication system with positive tendencies in land registration adopted by indonesia (hidayat, 2018). this means that the state does not guarantee the correctness of the data in the land certificate but the acquisition of the land is carried out in good faith. the publication system adopted now can be sued by other parties at any time, because they feel they have more rights or have stronger evidence than the land. land registration activities for the first time include: 1. collecting and managing physical data, carried out by measuring and mapping activities which include: 1. making registration base maps; 2. determination of boundaries of land parcels; 3. measuring and mapping land parcels and making registration maps; 4. making land registers; 5. making a measuring letter. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 2. proof of new rights and old rights and their bookkeeping; 3. issuance of certificates; 4. presentation of physical data and juridical data; 5. storage of general lists and documents. maintenance of land registration data according to the provisions of article 1 point 12 is a land registration activity to adjust physical data and juridical data in registration maps, land registers, name lists, measuring documents, land books, and certificates with changes that occur later. rights holders are required to register changes to physical data or juridical data to the land office. changes in physical data in question are when there is a separation, split or merger of land parcels that have been registered, while changes in juridical data are for example when there is an assignment or transfer of rights to a registered land parcel (roesli et al., 2017). activities for maintaining land registration data are divided into: 1. registration of transfers and assignment of rights, consisting of: 1. transfer of rights; 2. transfer of rights by auction; 3. transfer of rights due to inheritance; 4. transfer of rights due to the merger or consolidation of companies or cooperatives; 5. encumbrance of rights; 6. refusal of transfer registration and encumbrance of rights; 7. others. 2. registration of changes to land registration data, consisting of: 1. extension of the term of land rights; 2. splitting, separating and merging land parcels; 3. sharing of joint rights; 4. the abolition of land rights and ownership rights to apartment units; 5. transfer and abolition of mortgage rights; 6. changes in land registration data based on court decisions or stipulations; 7. name change. according to urip santoso, changes in juridical data can occur due to several things, namely: 1. transfer of rights due to buying and selling, exchanging, grants, income in the company, and other legal acts of transferring rights; 2. transfer of rights due to inheritance; 3. transfer of rights due to the merger or consolidation of companies or cooperatives; 4. encumbrance of mortgage rights; 5. transfer of mortgage rights; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 6. the abolition of land rights, management rights, ownership rights to flat units and mortgage rights; 7. sharing of joint rights; 8. changes in land registration data based on a court decision or a decision by the head of the court; 9. change of name due to the change of name of the right holder; 10. extension of the term of land rights. furthermore, according to urip santoso, changes in physical data can occur due to: 1. splitting of land parcels; 2. separation of part or parts of the land parcel; 3. merging of two or more parcels of land. pp land registration only regulates matters of a general nature, while more detailed provisions are regulated in a separate implementing regulation, so that the rules regarding land registration can be easier to follow technological developments (ramadan et al., 2022). currently, the implementing regulation of the pp on land registration is the regulation of the state minister of agrarian affairs/head of the national land agency number 3 of 1997 concerning provisions for the implementation of government regulation number 24 of 1997 concerning land registration (perkaban 3 of 1997). land registration and publication principles land registration as referred to in article 1 point 1 pp no. 24 of 1997 is a series of land registration activities carried out by the government continuously, continuously and regularly, including the collection, processing, bookkeeping, and presentation and maintenance of physical data and juridical data, in the form of maps and lists, regarding land parcels, including granting a certificate of proof of rights for parcels of land that already have rights and ownership rights to flat units as well as certain rights that encumber them (abdulai & ochieng, 2017). land registration is carried out by the national land agency (bpn), where the implementation task is carried out by the head of the land office with the assistance of the land deed making officer (ppat) and other officials assigned to carry out certain activities. according to the provisions of article 9 paragraph (1) of pp on land registration, the objects of land registration include: 1. land parcels which are owned with property rights, cultivation rights, building use rights and use rights. 2. land management rights. 3. waqf land. 4. ownership of the apartment unit. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 5. mortgage right. 6. country land land registration according to soedikno mertokusumo, in land registration there are two kinds of principles, namely: 1. principle specialiteit, meaning that land registration is carried out based on certain laws and regulations, technically related to measurement, mapping, and registration of transitions. 2. the principle of opernbaarheid (principle of publicity), it is hoped that all people who feel they have rights can find out juridical data on the subject of rights, land status, transfer of rights, and the imposition of land rights, if any, at the land office, including submitting objections before the issuance of the certificate. replacement certificate, lost certificate or damaged certificate. purpose of land registration according to article 3 of the pp on land registration is as follows: 1. to provide legal certainty and legal protection to holders of rights to a plot of land, apartment units and other registered rights so that they can easily prove themselves as holders of the rights in question. the provision of legal certainty and legal protection is carried out by providing a certificate of land rights to the holder of the right in question. the guarantee of legal certainty that is the goal of land registration is certainty regarding the status of the registered land, certainty regarding the subject of rights and certainty regarding the object of rights. 2. to provide information to interested parties, including the government, so that they can easily obtain the data needed to carry out legal actions regarding registered land parcels and apartment units. the form of the implementation of this information function is physical data and juridical data from land parcels and flats that have been registered open to the public. 3. for the implementation of orderly land administration. this is done by registering each plot of land and apartment unit, including registration in the event of a transfer, encumbrance and annulment of such rights. the issuance of a certificate is a letter of proof of rights that applies as a strong means of proof regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. the strength of the certificate as evidence is free from third party objections, for that land registration activities must be informed to the public, known as the publication principle. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 land registration gives rights to the registrant and is included in the scope of material rights. among the issuance of these material rights is the principle of publicity. the principle of publicity (openbaarheid) is an "announcement" to the public regarding the status of ownership. the announcement of material rights with guaranteed land rights is carried out through registration in the land book. publicity occurs because of registration in the land book, so that the registration becomes evidence of registration. however, as stated by mariam darus badrulzaman that the registration agency does not only mean to provide strong evidence, but also creates material rights. material rights to an object (land) occur at the time of registration. without the material nature of land rights, it has not been related to "ownership" which means that as long as registration has not been carried out, land rights only have meaning for private parties while third parties do not know the change in the legal status of the land rights. recognition of the new community occurs when the ownership of the object is registered through registration, then a general recognition is born regarding material rights to land. the principle of publicity is the principle that requires registration of land rights at the local land office, which means that the birth of the principle of publicity from registration so that third parties know about it. it is further determined that the registration is carried out by recording it in the land book on the object of land rights and copying it in the certificate of land rights.the certificate as a proof of title is a strong means of proof regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question, but still gives confirmation; petition to other parties to be able to prove the opposite regarding physical data and juridical data contained therein must be accepted as correct data, can sue for the cancellation of the certificate. regarding land registration issues, the government in an effort to accelerate land registration, issued a regulation of the minister of agrarian affairs and spatial planning/head of the bpn of the republic of indonesia number 6 of 2018 concerning complete systematic land registration (permen atr no. 6 of 2018). according to article 1 number 2 of the atr regulation no. 6 of 2018 means complete systematic land registration (ptsl) is a land registration activity for the first time which is carried out simultaneously for all land registration objects throughout the territory of the republic of indonesia in one village/kelurahan area or other name equivalent to that, which includes data collection physical and juridical data regarding one or several objects of land registration for the purposes of its registration. simultaneous land registration activities for the first time as a government program certainly take less time, cost and energy than systematic land registration is a land registration activity for the first time that is carried out simultaneously which includes all land registration http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 27 objects that have not been registered in the territory or part of the territory of a village. /kelurahan, as stated in article 1 number 10 of pp no. 24 of 1997 and sporadic land registration are land registration activities for the first time regarding one or several objects of land registration in the territory or part of the territory of a village/kelurahan individually or in bulk as referred to in article 1 point 11 pp. 24 of 1997. but in reality the community responded differently, as happened at the bpn office (bpn), that the number of land parcels that had not been registered and did not have a certificate was quite high. ptsl was carried out in 2018 at ptsl locations determined in the form of a decree from the head of the regency/city bpn regarding the determination of ptsl locations. the determination of the location of the ptsl program is carried out with consideration of budget and human resources and is prioritized in villages where there are national agrarian operations project (prona) activities and other similar mass certificate activities. after determining the location, then bpn formed an adjudication committee for the ptsl program. the ptsl program in the target area was implemented starting in march 2018 which began with socialization. the socialization was carried out in the designated area and attended by the local bpn, village officials, the local police station and all residents in the area. after the socialization was carried out, the measurement and mapping of all land parcels in the program target area was carried out. the measurement is carried out by the regency/city bpn. registration for the ptsl program is carried out through each hamlet/rw, then all the files that have been collected at the village office will be processed by the regency/city bpn. some of the requirements that must be met by the community to participate in the ptsl program include a photocopy of id card, photocopy of family card, land certificate (peg d), boundary sign/peg, and proof of payment of sppt/pbb. study of land registration publicity conflicts from the legislative system the provisions of article 7 paragraph (1) of law number 15 of 2019 concerning amendments to law number 12 of 2011 concerning the formation of legislation (uu formation per law) it is stated that “thetypes and hierarchy of legislations consist of: the 1945 constitution of the republic of indonesia, decrees of the people's consultative assembly, laws/government regulations in lieu of laws, government regulations; presidential regulations, provincial regulations and regency/city regional regulations. in relation to the systematics of statutory regulations, "the enactment of a norm can always be returned to the enactment of a higher norm, and so on, so that it finally arrives at the grundnorm". (malaspina, 2022)according to hans kelsen, "the norm is tiered and layered in a hierarchical arrangement, where a higher norm applies, originates, and is based on a higher norm, and so on in the end this 'regressusbasic' stops at the mostnorm. this is called the basic norm (grundnorm) which can no longer be traced to who http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 28 formed it or where it came from. this basic norm or commonly called grundnorm, basicnorm, or fundamentalnorm is the highest norm whose validity is not based on and does not originate from a higher norm, but applies presupposedly, that is, it has been determined by the community first”. land registration in general, as the implementer of the uupa has a higher position than permen atr no. 6 of 2018, even if it is related to the provisions of article 8 paragraph (2) of the law on formation of per law, it is stated that the legislation as referred to in paragraph (1) is recognized for its existence and has binding legal force as long as it is ordered by a higher legislation or was established. based on authority. in the preamble to the remembering section, there is indeed a reference to the uupa and pp no. 24 of 1997, but regarding land registration there is no article in pp no. 24 of 1997 regarding land registration is further regulated in a ministerial regulation. in article 26 paragraph (1) pp no. 24 of 1997 that the list and maps of the relevant land parcels or parcels as a result of the measurement are announced for 30 (thirty) days in systematic land registration or 60 (sixty) days in sporadic land registration to provide opportunities for parties who interested parties file an objection, while article 11 paragraph (1) of the minister of atr no. 6 of 2018 it is stated that "to fulfill the principle of publicity in proving land ownership, an announcement of physical data and juridical data is carried out which is published at the land office and the local kades/kelurahan office for 14 (fourteen) working days". there is an ambiguity in the implementation of the publication principle in pp no. 24 of 1997 with atr regulation no. 6 of 2018, creates a legal uncertainty for certificates as evidence of rights as the purpose of land registration is to provide legal certainty. but what does it mean if land registration still uses negative publications but leads to positive publications, the holder of the land rights certificate does not yet feel safe from the possibility of a third party lawsuit that can prove that the registrant has bad intentions. 4. conlusion publicity of land registration as referred to in article 26 paragraph (1) pp no. 24 of 1997 was announced for 30 (thirty) days in systematic land registration or 60 (sixty) days in sporadic land registration, and the publication of article 11 paragraph (1) permen atr no. 6 of 2018 the announcement of physical data and juridical data published at the land office and the local kades/kelurahan office for 14 (fourteen) working days does not guarantee legal certainty because the publications used are negative and lead to positive. registrants are still vulnerable to being sued by third parties as long as they can prove that the registrant has bad intentions in registering land rights, so that the certificate is legally flawed. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 29 references abdulai, r. t., & ochieng, e. (2017). land registration and landownership security: an examination of the underpinning principles of registration. property management. frampton, t. w. (2018). the jim crow jury. vand. l. rev., 71, 1593. gunadi, a. (2019). the embodiment of adat law as an element of legal certainty in administration of adat rights. indon. l. rev., 9, 259. hidayat, m. (2018). juridical review of decriminalization on efforts to cut drugs users‟ addiction in indonesia. yurisdiksi: jurnal wacana hukum dan sains, 11(2), 1–12. magassing, a., patittingi, f., alwy, s., hambali, r., & sumardi, j. (2018). the removal of offshore installation in indonesian national regulation. je asia & int’l l., 11, 183. malaspina, e. f. (2022). universalising colonial law principles on land law and land registration: the role of the institut colonial international (1894). history of european ideas, 1–16. mulyono, a. (2022). legal review concerning uncertified land rights in bandung district. legal brief, 11(2), 749–759. nair, a. (2011). morality and the mirror: the normative limits of the „principles of land registration.‟ in modern studies in property law: volume 6 (pp. 263–284). hart publishing. putri, d. a. i., wibowo, g. d. h., & sahnan, s. (2020). legal certainty of land rights after an earthquake disaster (study of regulation of the head of bpn number 6 of 2010 concerning disaster management and restoration of community rights in land assets in disaster areas in the village of gala klu). international journal of multicultural and multireligious understanding, 7(7), 364–377. ramadan, f., dewantara, r., & sudirman, m. (2022). legal certainty for the reading and signing of the deed through teleconferencing media during the covid 19. jurnal hukum prasada, 9(1), 7–19. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. supriadi, d., sood, m., & sili, e. b. (2020). juridical implications of subject limitation of liability rights in electronic services. international journal of multicultural and multireligious understanding, 7(10), 425–444. suwitra, i. m., & puspadma, i. n. a. (2018). legal certainty perspective on ulayat land ownership in bali. international conference on business law and local wisdom in tourism (icblt 2018), 97–100. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 legal protection of workers on bankruptcy decisions of employing companies sumarso faculty of law, merdeka university surabaya e-mail: sumarso.unmer@gmail.com abstract labor groups are very very vulnerable to violations of the law such as not being given decent wages and severance pay for layoffs, to avoid arbitrary actions by employers, workers are provided with legal protection facilities in the form of regulations regarding employment. bankruptcy conditions experienced by companies will result in delays in payment of workers' wages, therefore the law provides certainty regarding the privileges granted to workers in order to get priority in paying wages owed. the purpose of this study is to find out more about bankruptcy and its impact on workers, and the expected benefits of this research as a guide for law enforcers in the scope of civil law. the formulation of the problem in this legal research is the legal protection of workers' rights based on normative law and the position of workers in the settlement of payment of workers' rights for the bankruptcy status of the employer or entrepreneur. while this type of legal research is normative legal research that uses several approaches as a method of case analysis. everyone has the right to work in fulfilling their daily needs as regulated in the legislation. workers as workers need legal protection from the state as a guarantor of certainty for their rights to be obtained. through applicable regulations, the government can supervise the private sector in managing employment and can guarantee the welfare of workers. the condition of a company declared bankrupt will have a direct impact on workers such as not paying wages according to the contract, in carrying out the settlement of unpaid wages for workers there will be a debt that must be paid off by the bankrupt debtor. the settlement of the debt must take precedence according to the regulations in the manpower act, and the industrial relations court is no longer the court that has the authority to decide post-bankrupt industrial relations cases. keywords: labor, bankruptcy, legal protection 1. introduction every human being has the right to earn a living by working properly and in accordance with his abilities, for that the state guarantees manpower as stipulated in the 1945 constitution of the republic of indonesia in article 27 paragraph (2) which states that "everyone "every citizen has the right to work and a decent living for humanity". based on the provisions in the article, it becomes a legis ratio to be made as the basis for regulations in the field of manpower which we can see in the preamble to the law of the republic of indonesia number 13 of 2003 concerning manpower, namely in the implementation of national development, the workforce has a very important role and position (hanifan & sudahnan, 2014). it is important as an actor and development goal, that in accordance with the role and position of the workforce, it is necessary to develop manpower to improve the quality of the workforce and their participation in development as well as increase the protection of workers and their families in accordance with human dignity (dewi & budiartha, 2022). it is none other than that the protection of workers is intended to guarantee the basic rights of workers/laborers and to ensure equal opportunity and treatment without discrimination on any basis in order to realize the welfare of workers/laborers and their http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 families while taking into account the progress of the business world. with regard to the concept of manpower in the manpower act, it is anyone who is able to do work to produce goods and/or services both to meet their own needs and for the community. given that the role of manpower in development of course requires coordination between the central and local governments and other parties involved (ermawan & yunus, 2019). along with the development of the times, human needs continue to increase which is a demand for the development of science and technology. the development of science and technology in this era of globalization has an impact not only on primary needs but also on several aspects of life in indonesia, both in the social, economic, cultural, and other fields (laheri, 2019). due to the development of the sector in the economic field, it has led to the formation of a community to develop in the business sector. for companies that cannot keep up with the era of globalization, it is feared that they will experience a financial crisis which will result in the company going bankrupt because it cannot fulfill agreements with other parties. bankruptcy according to the law of the republic of indonesia number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations is a general confiscation of all assets of the bankrupt debtor whose management and settlement is carried out by the curator under the supervision of the supervisory judge as regulated in this law. basically, this bankruptcy arises because there are debts that have failed to be paid so that it requires a decision from the court to settle the debt. for example, in the era of the pandemic, there are many companies experiencing financial difficulties which resulted in the company going bankrupt and this certainly had an impact on workers' rights. for this reason, an instrument of legal protection for workers is needed that can guarantee the basic rights of workers and equal opportunity and treatment of any discrimination in order to realize the welfare of workers and their families and this must be considered for the sustainability of the business world (singadimedja et al., 2018). this legal research started from the author's curiosity about labor rights if the company where he works experiences bankruptcy conditions that have been stipulated in the decision of the commercial court, therefore this legal research was written with the title legal protection of workers on the bankruptcy decisions of the employing companies. 2. research methods this study uses a normative legal research type, namely research that is able to provide a systematic explanation by emphasizing the regulations governing legal categories in order to analyze the relationship or relationship between regulations/regulations and predictions of future development (jonaedi efendi et al., 2018). the approach used in writing this law is the approach http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 based on legislation or often called the statute approach and the conceptual approach or often called the conceptual approach. in this study, where the author uses various rules or sources of legal material, namely: 1. primary legal primary legal materials used as references in this legal research refer to law number 37 of 2004 concerning bankruptcy and postponement of debt payment obligations, law no. number 2 of 2004 concerning settlement of industrial relations disputes, law number 13 of 2003 concerning manpower, court decisions, jurisprudence, circulars of the supreme court, and other regulations 2. secondary legal materials in this legal research consist of covering scientific books in the field of law, papers, scientific journals and scientific articles. the purpose of this legal research is to identify and analyze legal issues in the context of bankruptcy and industrial relations. it is hoped that this legal research will be useful for legal practitioners in dealing with similar cases. the formulation of the problems that will be discussed in this paper can be formulated as follows, namely: legal protection of workers' rights based on normative law and position of workers in the settlement of payment of workers' rights on the bankrupt status of employers or employers 3. results and discussion legal protection of workers' rights based on normative law human rights is a right inherent in a person that no one can interfere with being sued. the problems that continue to surface about injustice that interfere with a person's human rights are increasing day by day. in fact, the laws governing human rights are very detailed, human rights are rights that are firmly attached to humans, the truth is believed to be an inseparable part of human life (majda el muhtaj, human rights in the indonesian constitution from the constitution of the republic of indonesia). 1945 until the amendment of the 1945 constitution of 2002: 2005). provisions on constitutional guarantees for human rights are very important and are even considered to be one of the main characteristics of adhering to the rule of law principle in a country. but in addition to human rights, it must also be understood that everyone has obligations and responsibilities that are also human. regulations regarding human rights have been regulated in law no. 39 of 1999 concerning human rights, through the human rights law of the republic of indonesia, it recognizes and upholds human rights and basic human freedoms as rights that are inherently inherent in and inseparable from humans, which must be protected, respected, and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 enforced for the sake of increasing human dignity, welfare, happiness, and intelligence and justice (rudianto & roesli, 2019). to fulfill their daily needs, everyone can work according to their field and is entitled to a decent wage according to the work agreement. regarding the right to work, it is regulated in article 38 of the human rights law which states that: (1) every citizen, according to their talents, skills and abilities, has the right to decent work. (2) everyone has the right to freely choose a job he likes and is also entitled to fair terms of employment. as a follow-up to the mandate of the human rights act, regulations regarding labor were issued which are accommodated in the manpower act. the definition of a worker or worker is anyone who works by receiving wages or other forms of remuneration (shubhan & prinsip, 2008). from the definition of workers, several concepts can be drawn, namely that there is a bond regarding rights and obligations between workers and employers. this bond can be made by means of an agreement. article 1 number 14 of the manpower law states that a work agreement is an agreement between a worker/laborer and an entrepreneur or employer that contains the terms of employment, rights and obligations of the parties. based on the work agreement, between the worker or laborer and the employer are mutually bound to carry out their obligations and provide their rights, and the term employment relationship appears which is none other than the relationship between the entrepreneur and the worker/ laborer based on a work agreement, which has elements of work, wages, and orders. the manpower law regulates several rules in the work agreement as in article 52 (1) that the employment agreement is made on the basis of: a. both side agreement; b. ability or ability to perform legal actions; c. the existence of the promised work; and d. the agreed work does not conflict with public order, decency, and the prevailing laws and regulations. with regard to the content of the work agreement in article 54 (1) of the manpower act, that the work agreement made in writing shall at least contain: a. name, company address, and type of business; b. name, gender, age, and address of the worker/laborer; c. position or type of work; d. place of work; e. the amount of wages and the method of payment; f. terms and conditions of work that contain the rights and obligations of entrepreneurs and workers/laborers; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 g. the start and period of validity of the work agreement; h. the place and date the work agreement was made; and i. the signatures of the parties in the employment agreement. the type of work agreement can be distinguished based on the length of time agreed by the employer and the worker in the work agreement which is divided into a work agreement for a certain time (pkwt) and a work agreement for an indefinite time (pkwtt). after the parties sign a work contract, by law the work agreement is like law for the parties. a work agreement can end if there are several conditions that have been regulated as stipulated in article 61 of the manpower law, such as: a. the worker dies; b. expiration of the term of the work agreement; c. there is a court decision and/or decision or stipulation of an industrial relations dispute settlement institution that already has permanent legal force; or d. the existence of certain circumstances or events that are stated in the work agreement, company regulations, or collective work agreement that can cause the employment relationship to end. if the entrepreneur dies or the rights to the company are transferred due to a sale, inheritance, or grant, the work agreement still exists. in the event of a transfer of the company, the rights of the worker/ laborer become the responsibility of the new entrepreneur, unless otherwise stipulated in the transfer agreement which does not reduce the rights of the worker/ laborer. as we know that the law has a function to protect a person's interests by allocating a power to him to act in the context of that interest (shubhan, 2015). in relation to the concept of legal protection, legal protection can be preventive or repressive, either written or unwritten. according to philipus hardjo, preventive legal protection means that people are given the opportunity to submit their opinions before the government's decision gets a definitive form which aims to prevent disputes, in contrast to repressive legal protection which aims to resolve disputes. legal protection is a guarantee given by the state to all parties to be able to exercise their legal rights and interests in their capacity as legal subjects (satrio et al., 2020), legal protection for the indonesian people: 1988). meanwhile, according to satjipto rahardjo, legal protection is an effort to protect a person's interests by allocating a human right power to him to act in the context of his interests (hanifan & sudahnan, 2014).the theory of legal protection for workers is implemented in the manpower act as stipulated in several rules, namely: 1. article 67 (1) guarantees for the protection of workers with disabilities in accordance with the type and degree of disability. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 2. article 68 prohibits the employment of children. 3. article 69 (1) the provisions as referred to in article 68 may be exempted for children aged between 13 (thirteen) years to 15 (fifteen) years to do light work as long as it does not interfere with physical, mental and social development and health. 4. article 76 (1) regulation regarding the prohibition of working hours for female workers/laborers who are less than 18 (eighteen) years old between 23.00 to 07.00. 5. article 76 (2) employers are prohibited from employing pregnant women workers/laborers who, according to a doctor's statement, are dangerous to the health and safety of their wombs and themselves if they work between 23.00 and 07.00. 6. article 77 (1) every entrepreneur is obliged to implement the provisions on working time. (2) the working time as referred to in paragraph (1) includes 7 (seven) hours 1 (one) day and 40 (forty) hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours 1 (one) day and 40 (forty) hours 1 (one) week for 5 (five) working days in 1 (one) week. 7. article 79 (1) employers are obliged to give rest and leave time to workers/ laborers. the rest and leave time as referred to in paragraph (1) includes rest between working hours, at least half an hour after working for 4 (four) hours continuously and the rest time does not include working hours, weekly rest 1 (one) day for 6 (six) working days in 1 (one) week or 2 (two) days for 5 (five) working days in 1 (one) week, annual leave, at least 12 (twelve) working days after the worker/laborer has worked for 12 (twelve) months continuously; and a long break of at least 2 (two) months and carried out in the seventh and eighth year for 1 (one) month each for workers/laborers who have worked continuously for 6 (six) years in the same company with the provisions of workers the worker is no longer entitled to his annual rest in the current 2 (two) years and thereafter applies to every multiple of 6 (six) years of service. it is possible for business conditions to go bankrupt due to default on a number of debts that are past due but have not been paid. if the company goes bankrupt, it will have an impact on the workforce such as termination of employment or being laid off. in the next chapter, we will discuss the legal position of workers and the procedure for the settlement of payment of workers' http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 wage rights to a bankrupt company or entrepreneur based on regulations and referring to court decisions. position of workers in settlement of payment of workers' rights for bankrupt status of employers or entrepreneurs in the era of globalization, every company will conduct business competition in order to keep up with changing market needs. this also causes the competitiveness between companies to increase, which has resulted in several companies, even companies that have been established for a long time and are large, experiencing losses due to not being able to compete and eventually going bankrupt (danendra et al., 2021). the definition of bankruptcy in the law of the republic of indonesia number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations is a general confiscation of all assets of the bankrupt debtor whose management and settlement is carried out by the curator under the supervision of the supervisory judge as regulated in this law. the requirements for an employer to be bankrupt must refer to article 2 (1) of the law on bankruptcy and suspension of debt payment obligations, namely a debtor who has two or more creditors and does not pay off at least one debt that has matured and can be collected, is declared bankrupt by a court decision (saija & sudiarawan, 2021), either at his own request or at the request of one or more creditors. the absolute competence that handles cases is the commercial court in the general court environment. the brief procedure for a business entity to be declared bankrupt is as follows: 1. an application for a declaration of bankruptcy is submitted to the chairperson of the court; 2. the clerk of the court registers the application for a declaration of bankruptcy on the date the application is filed, and the applicant is given a written receipt signed by the competent authority on the same date as the date of registration; 3. the registrar submits a petition for a declaration of bankruptcy to the chief justice of the court no later than 2 (two) days after the date the application is registered; 4. within a period of no later than 3 (three) days after the date on which the petition for declaration of bankruptcy is registered, the court shall study the petition and determine the day of trial; 5. the hearing on the petition for a declaration of bankruptcy shall be held within a period of no later than 20 (twenty) days after the date the petition was registered; 6. a summons is made by the court to the debtor in the event that the application for a declaration of bankruptcy is submitted by the creditor, the prosecutor's office, bank indonesia, the capital market supervisory agency, or the minister of finance, the court may summon the creditor, in the event that the application for a declaration of bankruptcy http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 is filed by the debtor and there is doubt that the requirements to be declared bankrupt are as referred to in article 2 paragraph (1) has been fulfilled. 7. an application for a declaration of bankruptcy must be granted if there are facts or circumstances that are simply proven that the requirements to be declared bankrupt as referred to in article 2 paragraph (1) have been met. 8. the court's decision on the petition for a declaration of bankruptcy must be pronounced no later than 60 (sixty) days after the date on which the petition for a declaration of bankruptcy is registered. the court's decision must also contain: 1. certain articles of the relevant legislation and/or unwritten sources of law that are used as the basis for adjudicating; and 2. legal considerations and differing opinions of the member judges or the chair of the panel. the decision on the petition for a declaration of bankruptcy which contains in full the legal considerations underlying the decision must be pronounced in a trial open to the public and can be implemented first, even though a legal remedy is filed against the decision. a copy of the court's decision must be submitted by the bailiff by registered express letter to the debtor, the party applying for the bankruptcy statement, the curator, and the supervisory judge no later than 3 (three) days after the date the decision on the petition for a declaration of bankruptcy is pronounced. 9. in the decision to declare bankruptcy, a curator and a supervisory judge are appointed from the court judges. the appointed curator must be independent, have no conflict of interest with the debtor or creditor, and not be handling bankruptcy cases and delays in paying debt obligations for more than 3 (three) cases. within a period of no later than 5 (five) days after the date the decision on the bankruptcy declaration is received by the curator and the supervisory judge, the curator shall announce in the state gazette of the republic of indonesia and in at least 2 (two) daily newspapers determined by the supervisory judge, regarding the summary of the bankruptcy declaration decision. . regarding the authority of the curator, it includes carrying out the task of administering and/or settling the bankruptcy estate from the date the bankruptcy decision is pronounced even though an appeal or judicial review is filed against the decision. upon the decision to declare bankruptcy, it will result in legal consequences for the debtor not to have rights to his assets, including all the assets of the debtor at the time the bankruptcy declaration decision is made as well as everything obtained during the bankruptcy. provisions regarding property may be excluded for objects such as animals that are really needed by the debtor in connection with his work, his equipment, medical equipment used for health, bedding and equipment used by the debtor and his family, and food for 30 (thirty) years. ) days for the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 debtor and his family, who are located at that place, everything that the debtor obtains from his own work as a salary from a position or service, as wages, pensions, waiting fees or allowances, to the extent determined by the supervisory judge, the money given to the debtor to fulfill an obligation to provide maintenance according to the law. then in article 24 (1) of the bankruptcy law and pkpu it is stated that the debtor by law loses his right to control and manage his assets which are included in the bankruptcy estate, from the date the bankruptcy declaration decision is pronounced. the decision date as referred to in paragraph (1) is calculated from 00.00 local time. during the course of the bankruptcy, the claim to obtain fulfillment of the engagement from the bankruptcy estate directed against the bankrupt debtor, can only be filed by registering it for verification. regarding companies or entrepreneurs who are declared bankrupt will have an impact on workers who are still bound by contracts with them, article 95 of the manpower law stipulates that: 1. violations committed by workers/laborers due to intentional or negligence may be subject to fines. 2. entrepreneurs who intentionally or negligently result in delays in payment of wages, shall be subject to a fine according to a certain percentage of the worker/laborer's wages. 3. the government regulates the imposition of fines on entrepreneurs and/or workers/laborers in the payment of wages. 4. in the event that the company is declared bankrupt or liquidated based on the prevailing laws and regulations, the wages and other rights of the workers/laborers shall be the debts which have priority in payment. the provisions for the obligation to pay workers' wages are also regulated in the bankruptcy law and pkpu as referred to in article 39 (1), namely: workers who work for the debtor can terminate their employment relationship, and conversely the curator may terminate them by taking into account the period of time according to the approval or provisions of the applicable laws and regulations. with the understanding that the employment relationship can be terminated with at least 45 (four five) days' prior notice. then in paragraph (2) of the article that since the date the bankruptcy declaration decision is pronounced, the wages owed before and after the bankruptcy declaration decision are pronounced are bankrupt assets debt. it can be concluded that workers' wages that have not been paid by the bankrupt debtor must be settled first in the settlement process by way of the worker submitting an official letter of claim for unpaid rights to the appointed curator. in practice, not everyone knows the function of the commercial court and the curator in the process of extorting unpaid wages from workers, for example in the cassation case number 887 k/pdt.sus-phi/2018, which involved the curator of pt http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 starlight prime thermoplas, represented by feber ew silalahi, sh, and akhmad jazuli, sh, m. hum., as the curator team with widodo, teguh santoso, suryadi. that the case is a result of the decision of the industrial relations court at the yogyakarta district court with decision number 8/pdt.sus-phi/2018/pn yyk., dated july 11 2018, whose ruling is that the lawsuit is partially accepted by the industrial relations court at the yogyakarta district court with decision number 8/pdt.sus-phi/2018/pn yyk., dated 11 july 2018, which was issued as follows: in the exception: rejecting the defendant's exception in its entirety; in the main case: 1. accepting the plaintiff's claim in part; 2. to declare that the working relationship between the plaintiffs and pt starlight prime thermoplas (in bankruptcy) has been terminated since the letter of dismissal was issued due to the company's bankruptcy; 3. sentencing and ordering the defendant as the curator of pt starlight prime thermoplas (in bankruptcy) to pay in cash the severance pay, service award, compensation and leave with a total amount of rp.89,495,234.00 (eighty-nine million four hundred ninety-five) thousand two hundred thirty four thousand rupiah) with the following details to the plaintiffs: a. plaintiff i (widodo) amounting to rp 38,084,400.00; b. plaintiff ii (teguh santoso) rp. 25,702,000.00; c. plaintiff iii (suryadi) rp. 25,708,834.00; 4. charge the state with court fees in the amount of rp.461,000.00 (four hundred and sixtyone thousand rupiahs) to the state; 5. reject the claim of the plaintiffs other than and the rest; considering, whereas the decision of the industrial relations court at the yogyakarta district court has been notified to the cassation petitioner on 11 july 2018, then against him by the cassation appellant through his proxy, based on a special power of attorney dated 19 july 2018, a cassation request was filed on 20 july 2018 as it turns out from the deed of statement of application for cassation number 8/pdt.sus-phi/2018/pn yyk., made by the registrar of the industrial relations court at the yogyakarta district court, the application is followed by a memorandum of cassation containing the reasons accepted by the registrar of the industrial relations court at the yogyakarta district court on 23 july 2018. that the objections in the cassation memorandum from the cassation petitioner can be justified, because after carefully examining the cassation memorandum received on 23 july 2018 and the counter cassation memorandum received on 6 august 2018 are linked listen n consideration judex facti, in this case http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 the industrial relations court at the yogyakarta district court has wrongly applied the law with the following considerations.prime thermoplas was declared bankrupt by the central jakarta commercial court on april 21, 2017 starlight . regarding rights are filed against the curator and can only be submitted by registering them for verification. whereas the plaintiff's claim should also be submitted to the curator through the bankruptcy mechanism, namely by registering the claim with the curator to be verified/verified at the creditors' meeting, thus the submission of the claim to the curator to the industrial relations court cannot be justified, because the industrial relations court is not authorized to examine and prosecute parties who have been declared bankrupt. considering, whereas based on the above considerations, in the opinion of the supreme court, there is sufficient reason to grant the petition for cassation from the petitioner for cassation, curator pt starlight prime thermoplas, and to annul the decision of the industrial relations court at the yogyakarta district court number 8/pdt.sus-phi/2018 /pn yyk., on july 11 2018, the supreme court then tried this case by itself with a verdict as described below; considering, whereas because the value of the lawsuit in this case is below rp. 150,000,000.00 (one hundred and fifty million rupiah), as stipulated in article 58 of law number 2 of 2004, the costs of the case at this level of cassation shall be borne by the state. with due observance of law number 13 of 2003 concerning manpower, law number 2 of 2004 concerning settlement of industrial relations disputes, law number 48 of 2009 concerning judicial power, law number 14 of 1985 concerning the supreme court as amended by law number 5 of 2004 and the second amendment to law number 3 of 2009 and other relevant laws and regulations. based on the request for cassation by the curator, the judge made a decision that: 1. granted the petition for cassation from the cassation petitioner, curator pt starlight prime thermoplas; 2. canceling the decision of the industrial relations court at the yogyakarta district court number 8/pdt.sus-phi/2018/pn yyk., july 11 2018; judge yourself: in exception: 1. accept the defendant's exception; 2. stating that the industrial relations court at the yogyakarta district court is not authorized to examine and adjudicate the a quo analysis: if it refers to article 39 (1) of the bankruptcy law and pkpu that workers who work for debtors can terminate their employment relations, and conversely the curator can dismiss them by respecting the period of time according to the agreement or the provisions of the applicable http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 legislation, with the understanding that the employment relationship can be terminated with at least 45 (four five) days' prior notice. then in paragraph (2) of this article that since the date the bankruptcy declaration decision is pronounced, wages owed before and after the bankruptcy declaration decision is made are debts of bankruptcy estate. referring to the case, the company in question is bankrupt and has not paid the employee's rights, the industrial relations court should reject the case and the parties can file a claim against the company for unpaid wages through the curator and workers who have not received wages can be categorized as creditors and have special rights in the form of prepayment based on article 95 of the manpower law. 4. conclusion everyone has the right to work to fulfill their daily needs as stipulated in the laws and regulations. workers as workers need legal protection from the state as a guarantor of certainty for their rights to be obtained. through applicable regulations, the government can supervise the private sector in managing employment and can guarantee the welfare of workers and the condition of a company declared bankrupt will have a direct impact on workers such as not paying wages according to the contract, in carrying out the settlement of unpaid wages for workers there will be a debt that must be paid off by the bankrupt debtor. the settlement of the debt must take precedence according to the regulations in the manpower act, and the industrial relations court is no longer the court that has the authority to decide post-bankrupt industrial relations cases. suggestion the parties who will be bound by work must fully understand the contents of the contract agreement, lest the parties just sign it regardless of the contents of the agreement. and the industrial relations court should be obliged to reject the case submitted if the company being sued has gone bankrupt to comply with the provisions of the bankruptcy law and pkpu. references danendra, r., handayani, i. g. a. k. r., jaelani, a. k., & najicha, f. u. (2021). legal protection of non wage workers’rights after omnibus law. jurisprudentie: jurusan ilmu hukum fakultas syariah dan hukum, 8(1), 85–99. dewi, n. p. t., & budiartha, i. n. p. (2022). perlindungan hukum terhadap pekerja dalam hal perusahaan mengalami kepailitan dan penundaan kewajiban pembayaran utang. jurnal interpretasi hukum, 3(1), 159–163. ermawan, a., & yunus, a. (2019). perlindungan hukum hak-hak tenaga kerja yang perusahaannya diputus pailit. indonesian journal of criminal law, 1(2), 100–108. hanifan, a. a., & sudahnan, s. (2014). perlindungan hukum pekerja alih daya di perusahaan penyedia jasa pekerja pailit. perspektif, 19(2), 81–93. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 jonaedi efendi, s. h. i., johnny ibrahim, s. h., & se, m. m. (2018). metode penelitian hukum: normatif dan empiris. prenada media. laheri, p. e. (2019). probabilitas pengajuan permohonan pailit terhadap perusahaan atas piutang upah pekerja/buruh. jurnal advokasi, 9(1), 44– 55. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. saija, r., & sudiarawan, k. a. (2021). perlindungan hukum bagi perusahaan debitur pailit dalam menghadapi pandemi covid 19. batulis civil law review, 2(1), 66–77. satrio, a., kartikasari, r., & faisal, p. (2020). eksekusi harta debitor pailit yang terdapat di luar indonesia dihubungkan dengan pemenuhan hak-hak kreditor. ganesha law review, 2(1), 96–108. shubhan, m. h. (2015). hukum kepailitan. prenada media. shubhan, m. h., & prinsip, h. k. (2008). norma dan praktik di peradilan. jakarta, kencana. singadimedja, h. n., karsona, a. m., & pramudya, w. (2018). penyelesaian tunggakan iuran jaminan kematian oleh perusahaan yang dinyatakan pailit ditinjau dari hukum ketenagakerjaan. jurnal hukum positum, 3(2), 1–28. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 application of presidential threshold in indonesia and comparison with several countries muhammad ali farhan 1 faculty of law, university of indonesia e-mail: officialmalifrhn@gmail.com abstract a country is said to be a modern country is the large number of people's participation in regulating and running their country, as well as the existence of general elections in selecting candidates for people's representatives to occupy positions from state positions, therefore each country must have its own arrangements regarding how to obtain a position and the duration of a person or more. in occupying these positions, one of which is the position of president and vice president whose terms of office and the pattern of carrying them often differ between countries, in indonesia, president have a power more than parliament, therefore someone or more who wants to hold the office of president and vice president needs to get more than twenty percent of the votes in the seats the house of representatives, however not all countries implement the presidential threshold with a vote of twenty percent the parliament. but it could be more and there are even some countries don’t use this system? and the method i used in this research is normative type with conceptual approach and case analysis, because as we known in this world theres a much country who not applied presidential threshold system, so in this research i found the country who applying presidential threshold and the reason that county not use that system. keyword: president, presidential threshold, democracy and presidential system. 1. introduction in the modern world, or we could say in democracy is a system that is essentially considered capable of rising after being lost for thousands of years. however,nowadays the revival of the system has become a major current that has swept the world so that it can now be said to be a very popular system.(feldman, 2008). literally the democratic system can be run if a community gets a vote or is elected by the people so that it can run a country, this can be interpreted that anyone can become a state official, as long as they are legally elected according to the provisions or applicable laws. basically, democracy is interpreted differently as a mutual agreement, which can be used as a rule or procedure for playing by all parties, in its making democracy in the end is aconsensus, where the consensus must be contained in a legal product. a legal product that should be produced through a consensus that is formed through representatives who are usually considered as a form of people's sovereignty. classical thinkers such as montesquieu have long discussed the procedure for interpreting popular sovereignty as a basic law. (fitra arsil, 2017.) in the discussion of people's sovereignty, it is deemed necessary to establish proceduresthe implementation of it and the law governing the interpretation mechanism of the people's sovereignty is a fundamental form of government, therefore it is an important part of a country in the form of a republic, in this case montesquieu calls it fundamental law in republics.(montesquieu baron de 1689-1755, 1823). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 because democracy is an interpretation of people's sovereignty, general elections need to elect one or more people to carry out the task of running the government system. in indonesia, general elections are held every five years, where the elections are held in order to elect representatives of the people to fill the legislative and executive positions. the election is carried out freely, meaning that the community can independently choose anyone who is deemed worthy to fill the position. given the direct election from year to year there is always the issue of the threshold regarding the requirements to nominate a pair of presidential and vice presidential candidates, for example in the 2004 general election where the required threshold was 10% (ten percent) and increased to 20% (twenty percent) in 2009 and continues to this day. however, this has resulted in a polemic for some circles, some who support that the application of the threshold is needed in order to create a strong presidential system, making it easier for candidates who have been elected to carry out their work programs in the future. among the figures who support the existence of this system is tjahjo kumolo, where he said that "the presidential threshold cannot be made to 0 percent" there are those who support that the application of the threshold is necessary in order to create a strong presidential system, making it easier for elected candidates to carry out their work programs in the future. among the figures who support the existence of this system is tjahjo kumolo, where he said that "the presidential threshold cannot be made to 0 percent" there are those who support that the application of the threshold is necessary in order to create a strong presidential system, making it easier for elected candidates to carry out their work programs in the future. among the figures who support the existence of this system is tjahjo kumolo, where he said that "the presidential threshold cannot be made to 0 percent" (febryan a, 2022). on the other hand, there are also parties who reject the presidential threshold because they think that the threshold will have an impact on limiting public participation in proposing themselves as president and vice president, whereas in a democratic country anyone is guaranteed political rights and can participate in government as long as it is in accordance with the rules. constitution. 2. research methods this research, the type of the research that will be used its legal research, this type of journal research it’s a normative type which is alswo as known library research or a document study because in this research is conducted only at the written regulations and others legal materials. 3. result and discussion http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 separation of power in a presidential system law is a product that cannot be separated from the life of the state, with the aim of regulating and bringing order to society in an organization or state. a modern state today as we know it needs to contain provisions regarding power and ways to limit that power. this provision in this case is called the separation of powers. the separation of powers is intended to limit someone in power in order to prevent corrupt or arbitrary power from occurring. through the concept of separation, power is distinguished and separated into several different functions.(asshiddiqie, 2006.) among preventing the occurrence of power that gives birth to such arbitrariness is to separate it into three parts which are called the legislative, executive and federative. john locke in his work two treaties on civil government, puts democracy or sovereignty as a mandate from the people to carry out the function of legislation or forming legal products. because considering that in a republic country, there is no written decision that can be made without the approval of the institution (legislative).(locke et al., 2003) therefore, the legislature, which has considerable power because it can determine a rule or legal product that has an impact on the pattern of people's life behavior, needs to be limited, in this regard. locke concluded that the thing that needs to be limited in this case is in the form of legal content. according to him, although in essence the legislative decision represents the voice of the people who have voted for it, it does not make the institution able to make decisions as it pleases, therefore restrictions need to be made. in a country that adheres to a presidential government system, the distribution of power between state institutions is intended to create a balance or pattern check and balance the presidential system is also known as a system that separates the power of the main institutions in the trias politica pattern, so this system is commonly known as a system of separation of powers or (seperated of powers). in this system, general elections cannot be separated from the pattern of parliamentary and presidential elections, therefore the general election between the legislative and executive does not give legitimacy to other institutions or mutual independence. thus these two powers cannot overthrow each other. or in other words that the house of representatives cannot overthrow a president who is in office, or the president cannot overthrow the house of representatives. the rules regarding filling and obtaining votes in this system can usually be found in the constitution, which is the supreme law oraccording to hans kelsen as staatsfundamental norm, referred to as the basic norm in a sovereign state. however, in his interpretation of the practice of the presidential system, it can't necessarily be said to be successful, especially in latin american http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 states, where it seems that this goal is not always successful.(fitra arsil, 2019.) therefore, the presidential system is seen as a factor causing political instability. based on this rule, the experts actually formulate that it is further than the characteristics categorized in the presidential system of government. wuest describes the characteristics of presidential systems in several categories. 1. it is based upon the separation of powers principle 2. the executive has no power to dissolve the legislation nor must he resign when he loses the support of the majority of its membership. 3. there is no mutual responsibility bertween the president and his cabinet the later is wholly responsible to the chief executive. 4. the executive is chosen by the electorate. (shepherd & witman, 1963.) powers of the president according to the 1945 constitution of indonesia the president is someone who is elected through general elections to exercise executive power which is limited by law, the president in the true sense does not refer to people or legal subjects, but in this case refers to positions obtained based on general elections, when viewed again in the structure indonesian administration the president is regulated in the highest law or constitution, which means that the president has broad and important powers in exercising his power. in the interpretation of the 1945 constitution of indonesia the president's powers include: a. the power to administer the government is the power of the president as the holder of the highest power in the government (article 4 paragraph (1, 2) of the 1945 constitution. b. the power in the field of legislative regulations, namely the president's power in submitting draft laws and discussing them with the dpr, the power to form government regulations in lieu of laws (article 5 paragraph (1,2) and article 22 of the 1945 constitution of the republic of indonesia c. the power in the judicial field where the president can grant clemency and amnesty which takes into account the considerations of the supreme court and in granting amnesty and abolition, the president takes into account the considerations of the house of representatives, article 14 paragraphs (1, 2) of the 1945 constitution of the republic of indonesia d. power in foreign affairs where the president has the power to make treaties with other countries, the power to declare war with other countries, the power to declare peace with other countries, and the power to appoint ambassadors or consuls. article 11 paragraphs (1, 2, 3) and article 13 of the 1945 constitution of the republic of indonesia http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 e. the power to declare danger means that the president based on his authority can declare danger without the approval of the house of representatives article 12 of the 1945 constitution. f. the president has supreme power over the army, navy and air force. article 10 of the 1945 constitution. g. the power to inaugurate other officials under the president. article 23f paragraphs (1, 2) and article 24 paragraphs (1, 2 and 3).(undang undang dasar, 1945). thus the power of the president can be said to be very important in carrying out government power, but the discussion regarding the president does not stop at the power of the president, but the discussion related to the president is still said to be very broad, one of which is related to the nominations for president and vice president, and the threshold for nominations for president and vice president. president or known by the term presidential threshold. regulations related to presidential threshold in indonesia the feature of a presidential system of government is that elections are held and the highest head of government is with the president. meanwhile, the power of the president cannot be exercised based on the free will or the will of the state official who is holding the position, but that power is limited by constitution or constitution.(zamroni, 2015). in addition to regulating the term of office of the president and also the length of time in his term of office, the constitutional limit is not only limited to the arrangements as stated in it, but also the rules regarding the acquisition of votes or the minimum requirements for the nomination of president and vice president based on the number of votes in parliament or the votes declared. valid nationally obtained from each political party or a combination of political parties. regulations related to the presidential threshold are further regulated in law number 7 of 2017 concerning general elections, in article 222 which states that "a pair of candidates is proposed by a political party or coalition of political parties participating in the general election who fulfills a minimum of 20% (twenty percent of the total) seat votes. ) of the number of seats in the dpr or obtain 25% (twenty five percent) of the nationally valid votes in the previous election for members of the dpr.(undang undang dasar 1945). the regulation related to the presidential threshold that has been determined previously is a further elaboration in article 6a paragraph (2) of the constitution which states that "the pair of presidential candidates and vice presidential candidates is proposed by a political party or a combination of political parties participating in the general election before carrying out the general election.".in this case the provisions in article 6a paragraph (2) do not rationally determine the number of votes received as a condition for the nomination of president and vice president, while in law no. 7 of 2017 concerning general elections, regulations regarding the number of votes are http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 explicitly regulated. so to respond to things like this, the constitutional court stated that the rules or regulations related to these two laws are open legal policy.(diniyanto, 2018). the implementation of the presidential threshold is not only happening now, however, the implementation has occurred in the first general election in 2004. the general election at that time was held to determine or choose two instruments, while the instruments in question were the instrument, dpr, dprd, dpd and presidential and vice presidential elections. after that in the 2019 general election, the only legal instrument used was law no. 7 of 2017, this is because the 2019 general election was held or held simultaneously, while the simultaneous purpose is, the general election of the dpr, dprd and the dpd and the president and vice president are conducted at the same time. impact on the implementation of presidential threshold in indonesia in the world of law, the application of a rule or norm, will inevitably lead to a cause and effect, as for the resulting cause and effect that can be accepted by everyone or even rejected.presidential threshold not only always associated with a threshold, but always associated with the pattern or concept itself in a democratic country. based on the previous statement above, we can see that the presidential threshold has not yet arrived at what is meant, or has not been accepted by allin the circles, we can realize this by the continuous emergence of petitions for the application of this presidential threshold in the constitutional court. the impact felt by the presidential threshold is not felt directly by the public, but it is felt very significantly by political parties, in law number 7 of 2017 concerning general elections, it expressly states that what is meant by presidential threshold is the vote obtained by 20% of the dpr and votes with 25% valid nationally owned by the combined political party or a political party. this is because it was taken by the previous electiona, namely elections in 2014. when viewed in the 2014 people's representative election, none of the political parties received a valid vote of 20% for the dpr and 25% nationally, this has an impact that no single political party or combination of political parties can nominate the president and vice president. that causes great losses to political parties, political parties in this case are directly harmed by the constitution, even though the guarantee to propose pairs of presidential and vice presidential candidates is guaranteed by the constitution in article 6a (2) of the 1945 constitution, the existence of a presidential threshold makes the presence of political parties injured . various patterns of thresholds that have been applied to general elections in indonesia are arguably not quite successful in creating simplification of decision making in indonesia, the implementation of the presidential threshold for the acquisition of political parties in the next general election can be said to have failed in its implementation. the threshold that has been imposed since the first era in the indonesian reformation encourages political parties to carry out merger or bottom up so that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 it is not like the general election in the previous era (the new order), when the state decided to merge political parties so that there were only two political parties and groups. work. however, in reality, parties that do not meet the electoral threshold, instead of joining other parties, only change their party names slightly and re-enter the next general election. the threshold that has been imposed since the first era in the indonesian reformation encourages political parties to carry out merger or bottom up so that it is not like the general election in the previous era (the new order), when the state decided to merge political parties so that there were only two political parties and groups. work. however, in reality, parties that do not meet the electoral threshold, instead of joining other parties, only change their party names slightly and re-enter the next general election. the threshold that has been imposed since the first era in the indonesian reformation encourages political parties to carry out merger or bottom up so that it is not like the general election in the previous era (the new order), when the state decided to merge political parties so that there were only two political parties and groups. work. however, in reality, parties that do not meet the electoral threshold, instead of joining other parties, only change their party names slightly and re-enter the next general election. when the state decided to merge political parties so that there were only two political parties and the working group. however, in reality, parties that do not meet the electoral threshold, instead of joining other parties, only change their party names slightly and re-enter the next general election. when the state decided to merge political parties so that there were only two political parties and the working group. however, in reality, parties that do not meet the electoral threshold, instead of joining other parties, only change their party names slightly and re-enter the next general election.(arsil, 2019) this does not necessarily stop there, but other problemswill attend, one of which is related to the new political party. as for the new political parties, they cannot nominate pairs of presidential and vice presidential candidates because the new political parties have not received valid votes as stipulated previously in the vote acquisition in the dpr. the pair of president and vice president is also an act that can be said to be futile. this is in contrast to the old political parties which have obtained 20% and 25% valid votes nationally, so that the old political parties can nominate pairs of presidential and vice-presidential candidates. from this point of view, we can see that there is no element of justice between the old political parties and the new political parties. even though in the constitution each party has the same position. whereas the constitution explicitly states that political parties and coalitions of political parties can nominate a presidential and vice-presidential pair. for this reason, political parties are directly affectedas a result of the implementation of the presidential threshold, new political parties cannot automatically nominate pairs of presidential http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 and vice presidential candidates independently, and new political parties cannot nominate presidential and vice presidential pairs independently even though they have formed a coalition with other parties.(diniyanto, 2018). although the disadvantage of new political parties is that they cannot nominate pairs of presidential and vice presidential candidates because they have not yet received 20% of the dpr's votes and 25% of the valid national votes. however, the disadvantage of implementing the presidential threshold is not only having an impact on new political parties, but also old political parties, if it is seen that it is true that old political parties can propose pairs of presidential and vice presidential candidates independently or in coalition, but if they can propose pairs of presidential and vice presidential candidates, the old political parties may not be absent or neutral in the presidential and vice presidential elections, if the old political parties can nominate pairs of presidential and vice presidential candidates. but in the end, if the old political party does not comply with the proposal, then the consequence or consequence is that the political party will not be able to participate in the general election in the next five years. the losses referred to in the previous discussion can also be felt by the people, in the sense that the people are at the same time taking shelter in a political party. the losses are caused by the implementation of the presidential threshold. thus, it can be understood that the presidential threshold has not yet been fully accepted by the indonesian people. the presidential threshold is currently being rejected by some politicians because it is considered that the system is not appropriate, so it often causes controversy. the controversy was caused by the existence of several requirements for the presidential nomination, even though the general election was held directly and simultaneously with the first stage of the presidential election and the election of the people's representative council. thus, the votes that are used as the basis for calculating the fulfillment of the threshold are not possible for political parties to gain votes in the legislative elections that year, but the numbers obtained by political parties in previous general elections are no longer considered actual.(arsil, 2019) although there are often controversies about presidential system thresholds, the main goal is to create effectiveness and stability for the presidential system. application of presidential threshold in other countries. 1. brazil is part of a country in latin america, brazil is also one of the countries that adheres to a presidential system of government, so that government power is also carried out and led by a president, as for becoming a president in this country a candidate must obtain a vote of 50% plus one (1 ) in the brazilian constitution especially in chapter“v”, whose regulation is related to political parties, does not mention the presidential threshold or the threshold for presidential http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 candidacy, but in the chapter it only regulates the establishment, consolidation, merger and dissolution of political parties based on overall or national sovereignty. based on the contents of the constitution, all political parties are considered entitled to nominate pairs of candidates for president and vice president. this does not stop there, even presidential candidates who run independently are considered normal and appropriate or legal or legally or constitutionally, even though they give as much space as possible tocandidacy for president and vice president, but in fact in 2018 brazil managed to record that as many as 13 presidential candidates participated in the presidential nomination.(restiyani & isharyanto, 2020) provisions on chapter"v" the brazilian constitution requires that at least to win a candidate running for president, at least he must obtain a vote of 50% (fifty percent) plus one, after being elected and concurrently with the completion of administrative matters or requirements, the pair of presidential and vice presidential candidates is officially determined. as president and vice president. however, if there is no winner or no number of votes is considered a majority, the presidential election will be held again or a second round of elections. after twenty days after the announcement of the results of the first round. brazil does not have a threshold setting in its constitutional system, but the presidential election is regulated in such detail that the time and day of the election are also regulated, article 77 of the brazilian constitution, it is stated that the presidential and vice presidential elections will be held on the first sunday of the month to be exact october.(ghoffar, 2018) 2. united states of america as one of america's superpowers, it also has its own presidential system or model, but so far the presidential threshold arrangement does not exist or is not regulated by the american constitution, for example in 2016 the presidential and vice presidential candidate pairs between hillary clinton, tim kaine from the democratic party (democratic part) against donald trump, mike pence from the republican party (republic party), besides that there are also pairs from third parties (the third party) which are usually filled by independent parties. for example, jill stein, ajamu baraka from the green party and gary johnson's partner, bill weld of the libertarian party. if you add up a total of 24 candidates registered on the ballots in several states. a number of candidate pairs, making america a country that opens and maintains the value of democracy, even the tradition of democracy in this country has survived for 250 years.(nainggolan & muhamad, 2020) in america, the process of electing the president and vice president is referred to as the electoral college where the election is carried out by a group of people who come from political parties, called the electors, the number of electors is equal to the number of the house of representatives with the senate but the house of representatives and the senate cannot become an elector. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 in america alone, general elections are carried out through several phases. 1. convention, namely the determination of candidates who will fight in the general election 2. campaign, where the activity is carried out to campaign or promote goals in print or digital mass media. 3. vote, where the election was carried out 2 times, namely the election was carried out by the community and then by the elector. 4. inauguration, the inauguration of the elected president and vice president.(doris febriyanti & m. jerry pratama, 2017) the nomination of a presidential candidate is a first step for the implementation of democracy in the united states, where nominationsthe president is determined by elites from political parties who represent some or all of the states, but currently the election process in the united states is very time-consuming and requires high costs. currently the presidential nomination is determined by sworn delegates who are elected through a pre-election, the first step in the presidential nomination begins with the early primary election in iowa and new hampshire, the implementation of the pre-election takes place in both states in february, while preliminary elections in other states will be held in march and june. this preliminary election is interpreted as a significant step towards the presidential election process because in this process it is what determines whether a presidential candidate will continue the election in another state with a wider coverage area or not. it is therefore not surprising that many pairs of candidates who have lost the general election in iowa and new hampshire have chosen to step down rather than resume as candidates for president.(aisah putri budiarti, 2013) therefore, even though america does not apply a threshold, the process to determine each one to advance in the presidential nomination takes a long time or stages. unlike in indonesia, the us presidential and vice-presidential pair hold positions for four years.(debora, 2020) 3. colombia in this country the president is declared as the party who has the highest authority in exercising his power. a person who is elected as a president and vice president will carry out his duties for 5 years, by obtaining a vote of 50% (fifty percent) plus one vote which is declared a valid vote based on the calculation results. the election is carried out directly and confidentially. however, if there is no pair of presidential and vice-presidential candidates who get 50% (fifty percent) of the votes plus one, the second and third rounds of elections will be held.will be held three weeks later after the first round is carried out. after obtaining a valid vote of 50% plus one, the pair of presidential and vice presidential candidates is officially declared a president. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 however, if during the second round of the presidential and vice presidential candidate pairs there is no way or there is a vacancy in re-election, then the candidate pair will be replaced by a new candidate promoted by the political party. if there is a vacancy for less than 2 weeks before the second round of voting, the second round will be postponed for another 15 days. in 2018, there were three pairs of candidates who would participate in the presidential nomination, including ivan duque, gustavo petro and sergio fajardo.(sekarwati, 2018) none of the three candidates received an absolute majority of votes, therefore the election process will be held again through a second round of elections. 4. conclusion the presidential threshold is basically a system that is needed to create an effective and stable system, but the application of this system is not necessarily justified, because it is true that indirectly the existence of this threshold can reduce the participation of the people who will take part in nominate himself deemed fit by the constitution. therefore, the presidential threshold should need to be compiled or re-examined whether the system is in accordance with existing democratic values or is it the other way around, the aim of which is to maintain democratic values in a country, because when talking about democracy it is not only about general elections. only, but opening up space for anyone to participate in politics is also part of existing democracy. today, the presidential threshold is essentially unjustified and of course the application of this system globally also many countries that do not use the system, which instead prefer independent candidates to nominate themselves as pairs of presidential and vice presidential candidates, even the united states which is the mecca of even modern democracies do not apply thresholds. reference feldman, n. (2008). the fall and the rise of the islamic state (rev-revised). princeton university press. arsil, f. (2017). teori sistem pemerintahan: pergeseran konsep dan saling kontribusi antar sistem pemerintahan di berbagai negara. jakarta: rajawali pers. montesquieu.(1989). the spirit of laws. newyork: cambridge university press. asshiddiqie, jimly.(2006). pengantar hukum tata negara. jakarta: sekretariat jenderal dan kepaniteraan mahkamah konstitusi republik indonesia. locke, john.(2003). two treaties of government and a letter concerning toleration: edited and an introduction by ian saphiro. new heaven london: yale university press. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 shepherd, witman and john.(1963) comparative government visualized. new jersey: littlefielf adams & co. zamroni, mohamad."kekuasaan presiden dalam mengeluarkan perppu". direktorat jenderal peraturan perundang undangan kementrian hukum dan ham diniyanto, ayon.(2019) "mengukur dampak presidential threshold di pemilu serentak tahun 2019. indonesian staats law review. volume i. no.1 arsil, fitra (2017). stabilitas sistem presidensial indonesia melalui pemilihan umum serentak dan presidential threshold. jurnal ketatanegaraan vol.005. november restiyani, isharyanto.(2020). "anomali presidential threshold dalam sistem presidensiil di indonesia". res publica. vol.4 no.3 desember goffar, abdul.(2018)"problematika presidential threshold: putusan mahkamah konstitusi dan pengalaman di negara lain".jurnal konstitusi. vol.15. no.3 nainggolan, poltak partogi, simela victor m.(2020). "pemilihan presiden di amerika serikat dan implikasinya bagi dunia" info singkat. vol.xvii no.21. november febriyanti, doris. m jerry pratama. (2017) "perbandingan sistem pemilihan umum di amerika serikat dan indonesia" jurnal pemerintahan dan politik. vol.2 no.1. januari budiarti, aisah putri. (2013). "pemilihan umum presiden amerika serikat" jurnal penelitian politik. vol.10 no.2 deborah.(2020). "tahapan pilpres amerika serikat: pemilihan hingga capres" sekarwati.(2018). "pemilu presiden kolombia: lanjut putaran kedua" http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 382 issn print 2086-6852 and issn online 2598-5892 the effectiveness of expansion of the working area of land deed officials related to electronic land services lingga felani faculty of law narotama universty surabaya, indonesia corresponding author e-mail: linggafelani16@gmail.com article history: received: june 10, 2022; accepted: july 27, 2022 abstract fulfillment of legality in legal relations and legal actions in the private sphere, the authority is given to public officials who are called ppat. in terms of carrying out the duties of the ppat, the aim is to provide a deed as evidence of a special legal action relating to land and buildings. to maximize this goal, the government regulation concerning ppat position regulations was enacted in which there was an expansion of the working area into a provincial area and the convenience of electronic land information services. the existence of such expansion cannot be applied by ppat. the formulation of the problem in this study is the effectiveness of the expansion of the ppat's work area related to electronic land information services and the criteria for expanding the ppat's work area that reflect legal certainty. the research method in this paper is normative juridical research. the research results obtained from this writing are that the expansion of the ppat work area based on electronic land information services cannot run effectively because there is no coordination between land offices in other regions, differences in values in the application of bphtb and no regulation regarding technical legal actions related to land in other work areas against ppat and other parties. key words : expansion, ppat, work area 1. introduction the life of the nation and state cannot be separated from the existence of a person's right to carry out a legal action. particularly in the private sphere, legal acts committed by the public tend to increase day by day when compared to acts in the realm of public law. fulfillment of land rights in various regions is increasing due to economic development and progress of culture in society. in essence, land is a basic need for the community as mandated in the 1945 constitution which management, designation and protection guarantees are left to the state (woruntu et al., 2016). conditions regarding the increasing needs of the community for transitions and other actions related to land, on the other hand, must be accompanied by the provision of guaranteed protection and legal certainty, bearing in mind that after the enactment of law number 5 of 1960 concerning basic agrarian regulations (hereinafter referred to as uupa) and there is also an obligation regarding land registration as referred to in government regulation number 24 of 1997 concerning land registration (hereinafter referred to as pp land registration). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 383 issn print 2086-6852 and issn online 2598-5892 provision of aspects of legal protection and certainty related to public legal actions in the private sphere is known for the existence of a public official who has the authority to provide legalization of legal relations and legal actions relating to the private sphere. particularly with regard to legal actions and relations related to land rights, this authority lies with the land deed official (lubis & ramadhani, 2021), (hereinafter referred to as ppat). the role and function of the ppat in national development, especially to ensure legal certainty and protection for the parties, is very vital because the authority given to the ppat is quite broad. land which is one of the objects of legal action is given full authority to the ppat in terms of transfer, encumbrance to land registration. it can also be said that the fulfillment of other people's subjective rights must also depend on the authority and competence of the ppat (mayi et al., 2021). substantially, based on the provisions of government regulation number 24 of 2016 concerning amendments to government regulation number 37 of 1998 concerning regulations for the position of officials for making land deeds (hereinafter referred to as pp ppat) the ppat's authority is to carry out part of land registration matters by making a deed as proof of a legal action. regarding a land right as the basis for land registration (sumartoputra & endipradja, 2020). the authority granted by the ppat by laws and regulations is limited to the area of work as stated in article 4 paragraph (1) pp ppat. the work area referred to is the work area in accordance with the stipulation in the provisions of laws and regulations. pursuant to the provisions of article 6 paragraph (1) of the regulation of the head of the national land agency number 23 of 2009 concerning amendments to the regulation of the head of the national land agency number 1 of 2006 concerning provisions for the implementation of government regulation number 37 of 1998 concerning position regulations for officials making land deeds (hereinafter referred to as the minister of bpn regulations for implementing the position of the ppat) are required to choose their work area if there is division in an area and the choice of work area for the ppat is only in 1 (one) district or municipality (arrohim et al., 2020). this provision is an old rule where the ppat's working area only covers the district/city area where the ppat's office is located. this means that all legal actions and providing evidence of legality of legal relations are only valid and can be carried out in the territorial area of the ppat's work area as referred to in article 6 paragraph (1) above. but in 2016 along with the changes to pp ppat, there was an expansion of the ppat work area to become one province based on the provisions of article 12 paragraph (1) pp ppat. such expansion of the ppat's working area does not substantially add to the main authority of the ppat but rather expands the ppat's daily technical work. as is well known, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 384 issn print 2086-6852 and issn online 2598-5892 ppat cooperates with the land office where the working area is to be able to take care of anything related to land registration. likewise, the land office also records and/or registers the names of ppats in its territory (anggraini et al., 2022). the expansion of the ppat's work area also poses its own challenges because currently the development of digitization through rapid information technology makes it easier for ppats to work. one of these convenience policies is the enactment of minister of agrarian affairs and spatial planning regulation number 5 of 2017 concerning land information services (hereinafter referred to as permen atr/bpn concerning land information services) wherein in terms of checking certificates, making a certificate of land registration to other information related to data land, ppat can access easily (wajdi & ramadhani, 2022). but in practice, the ppat in carrying out its duties and authorities is still subject to the provisions of pp ppat of 1998 and still refers to the provisions of article 6 paragraph (1) of the bpn regulation regulations for the implementation of ppat positions so that implementation to facilitate and effectively carry out land registration, especially the presence of land information services, is not can be implemented. whereas the potential obstacle to implementing the expansion of the ppat's work area is related to checking certificates where the land office previously registered the name of the ppat and then the ppat coordinates with the land office in other areas where services cannot be provided directly. then the value of the fee for acquisition of land and building rights at the place where the ppat practices is different from other regions. due to such potential constraints, there is no legal certainty regarding the 2016 pp ppat whether it will be revised or revoked, which incidentally until now the 2016 pp ppat is still valid. how effective is the expansion of the ppat's work area related to land information services electronically? and what are the criteria for expanding the work area that reflects legal certainty for ppats? 2. research methods type of research . this type of research is normative legal research, namely research carried out by conducting a review of applicable laws and regulations applied to a particular legal issue and a case approach. the name of the research is legal research because in legal research this is done by examining library or secondary materials only. then the object of this study is research at the level of harmonization of law, to examine the extent to which existing written positive laws are in sync or in harmony with one another. research approach http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 385 issn print 2086-6852 and issn online 2598-5892 the research approach serves to separate the analysis with the theoretical basis and principles used to answer the problems of researchers. this research approach uses a statutory research approach and a conceptual approach. types and materials of law legal materials are a source of research rather than legal research. authors can find sources of research from primary legal materials and secondary legal materials. techniques for tracing legal materials the technique for tracing legal materials in this writing is carried out by studying the literature on legal materials, both primary legal materials and secondary legal materials. the technique of tracing legal materials is carried out by reading, understanding, studying and listening to both legal materials in the form of electronic media and internet facilities. techniques for analysis of legal materials in legal research, the processing or analysis of legal materials is in the form of activities to systematically conduct predetermined legal materials. in the case of processing legal materials, it is carried out by selecting primary and secondary legal materials, then classifying according to the classification of legal materials and compiling the research data in a systematic and logical manner, which means that there is a relationship and connection between one legal material and another. other legal materials to get an overview of the research results (fajar & achmad, 2010). 3. results and discussion the effectiveness of the expansion of the ppat's work area in relation to land information services the effectiveness of law has a major role for the development of national law. moreover, the legal system in indonesia does not adopt provisions regarding the legal sources of court decisions. therefore, the existing sources of law must be measured regarding whether the community can apply the law properly and whether the functioning of the law is in accordance with the purpose of the law itself. assessment of legal effectiveness requires 3 (three) fundamental aspects, namely the norms or substance of laws and regulations, implementing apparatus of legal provisions and community culture. these three aspects must run continuously, in tandem and influence each other so that it can be said that the law is effective. conversely, if one or even all of the aspects do not work as they should. then there will be conflicts and problems one after another (parman & adi, 2014). the effectiveness of the law related to the implementation of agrarian reform must be carried out in a comprehensive manner when the aspirations for people's welfare in the field of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 386 issn print 2086-6852 and issn online 2598-5892 control, allotment and management of land rights are achieved for the greatest prosperity of the people. the achievement of agrarian reform cannot be fully handed over to the land office as the organizer of land affairs, but there is another role, namely the role of the ppat as a supporter and provider of legal certainty and protection to the community (mayfitrianthy & nasseri, 2021). the phenomenon regarding the non-implementation of the expansion of the ppat's work area which was previously designated as one regency/city area has changed to one province area based on the provisions of article 12 paragraph (1) pp ppat of 2016. in carrying out its duties and functions the ppat is required to have a strong legal basis because of the authority ppat is making evidence regarding the existence of legal actions in the corridor of land rights. in addition, the task carried out by the ppat is to provide certainty and legal protection for both the deed he made and for the parties who appear. therefore, in carrying out the duties and authorities of the ppat, it is obligatory to pay attention to the terms, duties, obligations, prohibitions, the nature of the deed made, the ppat's work area and the ppat's code of ethics. that after the 2016 pp ppat came into effect, the land office provided expansion and convenience regarding land information services through the atr/bpn ministerial regulation no. 5 of 2017 concerning land information services. it is stated that this policy rule is made directly by the ministry which functions and applies universally to all stakeholders including ppat in it relating to checking certificates, making documents for land registration certificates to other information relating to land objects that will be registered. the application of this land information service should make it easier for ppat affairs in providing certainty and legal protection, especially since the pp ppat regulation has been promulgated and land information services have been running for more than 5 (five) years. again, the effectiveness of law enforcement and application does not only depend on substantive norms, but officials who implement them must participate in national development. in connection with the non-implementation of the expansion of the ppat work area into one province, there are several obstacles that can be encountered if pp ppat regarding the expansion of the ppat work area is carried out. first, regarding coordination with the land office in the work area of the ppat in one registered district/city it is not that easy to transfer and/or add further coordination with the land office in another area. second, the difference in the value of land and building rights acquisition fees between regions and third, if there is a binding legal action of the ppat outside the working area to apply the provisions of article 12 paragraph (1) pp ppat 2016, where the location of the appearer must sign the deed and how to store a copy and minuta deed considering that the ppat office is in the office or position in the old work area. whereas even though the promulgation of electronic land information services in 2017 was not sufficient to accommodate the needs and juridical basis of ppats in carrying out their duties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 387 issn print 2086-6852 and issn online 2598-5892 and functions to carry out land registration in new work areas as referred to in article 12 paragraph (1) pp ppat of 2016. theoretically pp ppat, which incidentally has been in force since 2016 and has not been fully operational, is recognized as still valid and has not been constitutionally revoked. that article 12 paragraph (1) cannot be implemented even though there is support for the existence of an electronic land information service, which creates legal uncertainty regarding the enactment of this government regulation. this is not in line with the legal principles explained by hans kelsen that law is a system of norms and norms are statements that emphasize the imperative aspect, by regulating statements about what should be done and what is prohibited. this rule should apply to society as a guideline for behavior (sumartoputra & endipradja, 2020). regulations that become a limitation for society in burdening or taking action against an individual. the existence of rules and the implementation of these rules creates legal certainty. the aspect of legal certainty can be seen from the existence of general rules and statements regarding requirements and prohibitions. with no progress regarding the 2016 pp ppat mandate even though it is also supported by the existence of land information services, it can be said that the expansion of the ppat's work area is not running effectively because the ppat itself does not want to implement breakthroughs to be able to create more extensive land registration services. criteria for expansion of work area reflecting legal certainty for ppat ppat as already mentioned is a public official who is given special authority to carry out and provide evidence in the case of legal actions in the private sphere. therefore the ppat must have a strong legal basis so that its authority is not easy to be dimmed by anyone. strengthening the legal basis and norms starting from the arrangements for ppat appointments, authorities, work areas, requirements, obligations, prohibitions and codes of ethics that are formed from noble professions in the midst of this society (saputri et al., 2020). whereas in terms of strengthening the function of the ppat there must be many breakthroughs that reflect the acceleration regarding the ease of land registration to the prevention of agrarian conflicts. this must be provided by the land office and also the role of the ppat to support any policies from the land office. even though they have different auspices, the land office and ppat are interrelated and cannot be separated from one another. the entry into force of the latest pp ppat in 2016 brings new hope where there is a change regarding the ppat work area which was previously only in the regency/city area to be expanded into one province area. this change was also confirmed through the existence of a policy regarding electronic land information services which was ratified as a norm a year later through the atr/bpn ministerial regulation. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 388 issn print 2086-6852 and issn online 2598-5892 the impact arising from the enactment of the pp ppat in 2016, especially related to the aspect of the working area, turns out that it cannot run as it should because in fact the ppat is still carrying out its duties in the district/city area. it turned out that the pp ppat did not work in the new work area because there were potential difficulties in coordinating with the land office in other areas, there were differences regarding the bphtb value in each region and the technical binding of a legal action against appearers when obtaining clients outside the ppat work area (flammer & kacperczyk, 2016). by norm, the pp ppat is still valid and has not been revoked. it would be better if there were several solutions regarding the problem regarding the inability to apply new work areas as in pp ppat 2016 because the pp carries the spirit of renewing land law which will then be integrated through electronic land information services. the author summarizes several criteria to be able to maximize arrangements regarding new work areas for ppats including coordination between the land office through the ppat organization namely the association of land deed making officials (hereinafter referred to as ippat), the establishment of special regulations regarding technical duties outside the work area for electronic-based ppats because in the 2017 atr/bpn regulation it has not yet accommodated technical ppats outside the old working area. 4. conclusion the expansion of the ppat work area related to electronic land information services cannot be applied at all even though it has been regulated in pp ppat of 2016. there is potential for coordination between land offices, there are differences the value of bphtb acquisitions in each region as well as the mechanism for binding a legal action against the appearers in the event of an expansion of the ppat's work area, the criteria for expanding the ppat's work based on electronic land information services that reflect legal certainty are increased coordination and socialization between the land offices by the association of making officials land deed (ippat) and the formation of special regulations regarding the technical implementation of daily tasks related to the expansion of the ppat's work area after the entry into force of the 2016 pp ppat. suggestions that can be given by the authors for this study are: 1. formation of special regulations for the implementation of pp ppat 2016 which provides for integration between the association of land deed making officers and the land office in each province. this becomes important in managing and maximizing the role and function of the ppat with new work areas. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 389 issn print 2086-6852 and issn online 2598-5892 2. further arrangements regarding the expansion of the work area must also be disseminated to other institutions besides the land office, namely the regional revenue service where ppat often coordinates bphtb matters. references anggraini, r., fendri, a., & delfiyanti, d. (2022). implementation of electronic mortgage services through land deed maker officials in padang pariaman regency. international journal of multicultural and multireligious understanding, 9(5), 343–349. arrohim, m. b., sunarno, h. w., & wahyuningsih, s. e. (2020). analysis of judicial application of criminal penalty against notary/land deed officials conducting making crime of the fake authentic deed in state court of semarang. jurnal akta, 7(2), 443981. fajar, m., & achmad, y. (2010). dualism of normative and empirical legal research. student library, yogyakarta. flammer, c., & kacperczyk, a. (2016). the impact of stakeholder orientation on innovation: evidence from a natural experiment. management science, 62(7), 1982–2001. lubis, t. h., & ramadhani, r. (2021). the legal strength of the deed of power to sell as the basis for transfer of land rights. international journal reglement & society (ijrs), 2(3), 149–160. mayfitrianthy, m., & nasseri, j. (2021). the exixtence of the official of the land deed (ppat) to assists the government in collectin the acquisition and diversion of land and bulding (bphtb) to realize legal certainty. international journal of human computing studies, 3(1), 1–11. mayi, b. s., leibowitz, j. a., woods, a. t., ammon, k. a., liu, a. e., & raja, a. (2021). the role of neuropilin-1 in covid-19. plos pathogens, 17(1), e1009153. parman, l., & adi, k. (2014). penal individualization principles of specific-minimum criminal system within corrupt criminal offense in indonesia. jl pol’y & globalization, 24, 32. saputri, m. a., gunarto, g., & purnawan, a. (2020). the responsibilities of notaries/land deed making officials (ppat) to electronic mortgages based on the regulation of the minister of agrarian. sultan agung notary law review, 2(4), 369–389. sumartoputra, m. i., & endipradja, f. t. (2020). liability of land deed official (the ppat) on falsifying document under indonesian land regulations. international journal of latin notary, 1(1), 17–28. wajdi, f., & ramadhani, r. (2022). legal problems of land services online. international journal reglement & society (ijrs), 3(1), 19–29. woruntu, r. a., mawuntu, j. r., frederik, w. a. p. g., & pinasang, r. (2016). legal aspects of land in the regional autonomy in relation to land services in indonesia. jl pol’y & globalization, 50, 109. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 390 issn print 2086-6852 and issn online 2598-5892 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 278 issn print 2086-6852 and issn online 2598-5892 juridical review of cancellation of notary deed mohammad roesli 1 , dyah ayu septi arinningtyas 2* , adies kadir 3 1,2,3 faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: dyahayutyas313@gmail.com article history: received: agustus 10, 2022; accepted: oktober 22, 2022 abstract the purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. the research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. the results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. if it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. but if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. criminal sanctions are not regulated in the notary position act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the criminal code. while civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation. keywords: notary, deed, civil, law, constitution. 1. introduction pancasila as the basis of the state makes indonesia a state of law and the 1945 constitution of the republic of indonesia has guaranteed certainty, order and legal protection for every indonesian citizen. one form of providing certainty, order, and legal protection is the existence of authentic written evidence made by or before a notary. notaries are public officials authorized to make authentic deeds and other authorities (article 1 (1) law number 2 of 2014 concerning notary positions) (sasauw, 2015). notaries are not civil servants. notary is a public official who is only authorized to make an authentic deed regarding all actions, agreements and stipulations required by a general regulation or by interested parties who are required to be stated in an authentic deed, guarantee the certainty of the date, keep the deed and provide grosse, copies and the quote, all of which are as long as the deed by a general regulation is not assigned or excluded to other officials or people (handayani, 2019). notary positions may not be concurrent with the positions of regional head http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 279 issn print 2086-6852 and issn online 2598-5892 governors, judges, heritage halls, pokrol advocates (notary regulation article 10) (chandranata, 2021). as in general, an agreement creates an engagement. with regard to agreements made by interested parties, it is inseparable from the unique culture of the indonesian nation (pohan et al., 2021). the principle of mutual trust is firmly entrenched in the minds of the people. when they enter into an agreement, this is evidenced by the binding of an agreement verbally and witnessed by only a few witnesses. over time, this culture can no longer be used as a guide in making agreements, because it has many weaknesses when there are disputes between parties (irmawati, 2019). to overcome this, it is necessary to have legal protection and certainty for the parties to the agreement. the role of the notary as a public official appointed by the minister or appointed official is getting bigger due to the increasing number of people making agreements or engagements. this happens because the notary has the authority to make an authentic deed that is able to provide protection to the parties making the agreement. the law states that a notary is a public official who is mandated to make an authentic deed, because the deed made by a notary has perfect evidentiary power, due to the authentic nature of the deeds he made (yulianti & anshari, 2021). notary is a public official authorized to make authentic deeds and other authorities. notary is a profession that is motivated by special skills taken in a special education and training, this requires a notary to have extensive knowledge and responsibility to serve the public interest. notaries in carrying out their duties must uphold and uphold the dignity of their profession. in serving the public interest, notaries are faced with various kinds of human characters and different desires from the parties who come to the notary to make an authentic deed or just legalize it as written evidence of an agreement he made. 2. research method this type of research uses a qualitative type of research method, namely by using a problem approach through a statutory approach. the sources and data collection used in this study are normative. the analysis used in this study, researchers used descriptive analysis method. to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to look for similarities and differences of opinion by experts to be used as a comparison. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 280 issn print 2086-6852 and issn online 2598-5892 3. results and discussion factors caused cancellation the development of the involvement of the role of a notary in business activities and other activities in indonesia is increasing from year to year in line with the progress and development of business activities in indonesia (soesilo & pratama, 2022). this is due to the desire and awareness of the indonesian people towards the importance of obtaining legal protection and certainty in order to prevent and anticipate disputes in the future. notaries are faced with the fact that they are not only required to record and legalize, and make deeds for the benefit of the parties who want them, but also to provide fair legal advice, especially regarding the deeds they have made to the parties in connection with the legal actions they wish to record, legalize and make the deed before a notary. notaries are also faced with the problem of creating laws in resolving problems that may arise or already exist between the parties, so that a satisfactory solution is obtained for the parties. in carrying out such a task, professionalism is needed in formulating the wishes of the parties and while maintaining a position as neutral as possible from the possibility of taking sides with the interests of one of the parties. in carrying out these duties, notaries are regulated by a code of ethics for the position of a notary. however, a notary sometimes accidentally makes a fatal mistake in his deed, which in the end results in the defect of the deed made so that the deed can be canceled by the court. there are several factors that cause the deed to be canceled, for example because the notary does not read the deed in front of the parties, there is an element of coercion to sign a deed and there are other formal requirements that are not fulfilled. deed not read in carrying out its duties, the notary is obliged to explain what is contained in the deed. the notary deed has truly been understood and understood and in accordance with the will of the parties, namely by reading out the deed so that the contents of the deed are clear to the parties. thus, the parties can freely determine whether to agree or disagree with the contents of the deed to be signed. this action must be carried out by a notary in carrying out his authority in making authentic deeds, especially deeds involving the interests of rights and obligations reciprocally by providing personal benefits. for example, the deed of sale and purchase agreement, lease, acknowledgment of debt with exchange guarantees and the distribution of joint property (maria, 2020). the obligation to read the deed may not be carried out as long as the appearers requesting the deed not to be read out because the parties have read it themselves, know and understand its contents as explained in article 16 paragraph (7), that reading the deed is not mandatory if the appearer wants the deed not to be read because the appearer has read it himself, knows and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 281 issn print 2086-6852 and issn online 2598-5892 understands the contents provided that it is stated in the closing of the deed and on each page of the minutes of the deed initialed by the appearers, witnesses and notaries (soesilo & pratama, 2022). reading the deed to signing is an integral part of the inauguration of the deed where before the deed is signed, the deed is read before the parties concerned, then the deed is signed by presenting two witnesses. this is the obligation of a notary as described in article 16 paragraph (1) letter i of law number 2 of 2014 concerning the position of a notary, that read the deed before the appearer in the presence of at least two witnesses and signed at the same time by the appearer, witnesses and notaries. the consequence implemented by the law on notary positions is the degradation of the deed into a private deed or the deed will lose its authenticity. this will have an impact on legal protection and certainty that is detrimental to the parties themselves, where the authentic deed is no longer a perfect evidence but only as evidence of an underhand deed, as explained in article 16 paragraph (8) of the law. number 2 of 2014 concerning notary positions, namely if one of the requirements as referred to in paragraph (1) letter 1 and paragraph (7) is not fulfilled, the deed in question only has the power of proof as an underhand deed. the affirmation of the provisions of article 16 paragraph (1) of law number 2 of 2014 concerning notary positions has emphasized the process of inaugurating the deed from reading to signing the deed which must be done before a notary. in fact, when a notary cooperates with several banks and financial institutions, where the notary is domiciled to make a fiduciary guarantee, the binding often occurs on the same day and time. there is an element of coercion to sign the deed substance of the notary deed is a formulation of the statement of the wishes of the parties presented before a notary. the notary cannot force his wishes or opinions to be followed by the appearers, but the notary is obliged to provide an explanation from a legal point of view. if the notary's suggestion is approved by the appearers and then poured in the form of a deed, then it is the wishes of the appearers themselves, not the wishes or statements of the notary (andriany, 2016). based on the substance of the deed, there is a declarative notarial deed and a constitutive notarial deed. the signing of the deed is proof that the deed is binding on the parties so that signing is an absolute requirement for binding the deed. affixing the signature is one of a series of inauguration of the deed (verlijden). the signature is done at the bottom of the deed, on the blank part of the paper. the signing of the deed must be stated expressly in the deed section as explained in article 44 paragraph (1) of law number 2 of 2014 concerning the position of a notary which reads: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 282 issn print 2086-6852 and issn online 2598-5892 immediately after the deed is read, the deed is signed by each appearer, witness and notary, unless there is a appearer who is unable to affix his signature by stating the reasons. the implementation of the provisions regarding the time of signing the deed by the appearers, witnesses and notaries if it is carried out at a time that is not at the same time between the appearers and witnesses and the notary is usually due to the busy work of the appearers where the appearers find it difficult to find the same time to be present before the notary. another reason is that there is mutual trust between the appearer and the notary where the notary and the appearer have long cooperated in work related to the making of deeds, such as cooperation between a notary with a bank and a notary with other companies. the signing of the deed that is not concurrently by the parties is indeed a dilemma and poses a risk for the notary. therefore, the notary tries to bring the parties together at the time of signing the deed in various ways, such as delaying the execution of the signing of the deed where this delay is carried out until the parties have reached an agreement on the time for the signing. in this case, the notary does not limit how long the delay in the signing will be carried out by the appearers, and the signing of the deed that does not coincide with this time is possible as long as it is carried out on the same day and date, with the aim of not diluting the date and time of the deed where the time notary ranger affixes his/her signature as soon as the last appearer signs his/her signature. in addition to considering the existing rights and obligations of each party in the agreement. another thing that arises is the risk that occurs to the notary where the parties may deny the deed to the signing of the deed. in practice, a deed made before a notary is an authentic deed and does not need to be proven by a judge. the obligation of proof is left to the party who denies the deed. as long as the deed is presented before the court as evidence, then the deed remains as evidence that really has an authentic nature. the implementation of the signing of the deed not simultaneously between the parties is carried out by a notary on a casuistic basis. cases in which one of the parties does not have a problem, such as the signing of the power of attorney for imposing mortgage rights (skmht) and deeds where the parties have agreed and agreed that the deed was not signed simultaneously between them. if the appearers have not found the right time, then there are two actions taken by the notary. pertamina, the notary who asked the appearers to make a letter of agreement that the appearers agreed and agreed to sign the deed not simultaneously in the presence of witnesses and a notary. second, ask one of the presenters who is unable to attend to make a power of attorney for someone to attend and sign the agreed deed. if the appearer is unable or unable to affix his signature on the deed, then the information regarding the reasons for being unable or unable to be stated is expressly stated by the notary in the deed. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 283 issn print 2086-6852 and issn online 2598-5892 meanwhile, if the appearer is unable to put his signature on the ranger because he cannot read or write, then the person in question can give his thumbprint. the thumbprint is not a signature but a sign. giving the thumbprint must also be stated in the deed. according to the author, the reason why the presenters could not be present at the time of the signing was understandable because the current situation required fast-paced thought and movement and precious time. it is difficult to bring together the same time between the appearers, which needs to be considered in the signing of the deed that is not simultaneously by the appearers before witnesses and a notary is the legal consequence of the action, where the deed made can be a deed under the hand or a deed canceled for the sake of law and can be a reason for parties who suffer losses to demand compensation for compensation costs and interest from a notary. the agreement that exists between the parties in an agreement is one of the conditions for the validity of the agreement as stipulated in article 1320 of the civil code, namely the existence of an agreement, the ability to make an engagement, the existence of a certain thing and the existence of a lawful cause. an agreement is considered to have been reached if the parties accept each other what they want. the statement of will as outlined in the deed is a written statement that an agreement has occurred. the time of signing the deed by the parties before a notary becomes one of the determinants of whether a deed is authentic or not. the signing of the deed determines whether or not the contents of the agreement are binding. if in the deed only one party signs, it cannot be said that there has been an agreement between the parties. article 1338 of the civil code also states that the agreement that appears binds them as a law. with the signing of the deed made by the parties before a notary, the deed becomes binding on the parties to the agreement. the existence of formal requirements that are not fulfilled in a sale and purchase agreement, the parties can apply a promise by using a fine, the purpose is as a warning or supervision for the parties to fulfill their promise in accordance with what is stated in the deed. although the law adheres to the principle of freedom of contract, as a notary, you must still be careful in making the deed requested by the parties, lest the contents of the deed violate general provisions, public order, morals and so on (aribowo, 2020). a binding made by the parties in front of a notary is generally a binding sale and purchase of land and buildings on it, here the parties must fulfill the contents of the binding because they are bound by the promises they made themselves formally. an engagement and an agreement have a relationship that cannot be separated, because there is an engagement as a result of the birth of an agreement. the agreement is the most important source that gives birth to an engagement, in addition to other sources that give birth to an engagement, namely the law. so the engagement was born because of two things, namely the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 284 issn print 2086-6852 and issn online 2598-5892 engagement that was born because of the agreement and the engagement that was born because of the law. for the validity of an agreement, there are 4 legal requirements based on article 1320 of the civil code, namely the existence of an agreement, the ability to make an agreement, the existence of a certain thing and the existence of permissible causes. cancellations regarding the issue of not fulfilling the legal requirements of an agreement as mentioned above are classified into two categories, namely subjective conditions and objective conditions. subjective conditions include the agreement of those who bind themselves and the ability to make an agreement. while the objective conditions include the existence of a certain thing and permissible causes. failure to fulfill subjective conditions causes an agreement to be canceled or a cancellation can be requested by one of the parties, while the non-fulfillment of objective conditions causes an agreement to be null and void immediately or the agreement is considered to have never existed. and the purpose of the parties entering into the agreement to create a legal engagement has failed. thus, there is no basis for the parties to sue each other in front of a judge. canceled by law, apart from the non-fulfillment of objective elements, the law also formulates concretely every legal act, especially a formal agreement, which requires the formation of an agreement in the form determined by law, and if it is not fulfilled then the agreement is null and void by law or does not have the power of proof (sasauw, 2015). in an agreement that is classified as a formal agreement, the non-fulfillment of legal provisions regarding the form or format of the agreement, how to make an agreement or how to ratify an agreement as required by laws and regulations results in the agreement being null and void. legal experts provide the definition of a formal agreement as an agreement that is not only based on the agreement of the parties, but the law also requires certain formalities that must be fulfilled so that the agreement is valid by law. the cancellation of the deed according to article 1266 of the civil code can be concluded that there are three things that must be considered as a condition for the cancellation of an agreement, namely the agreement must be reciprocal, the cancellation must be done before a judge and there must be a default. an agreement can be requested for cancellation to the judge in two ways, namely in an active way, namely demanding the cancellation of the agreement in front of the judge and by division, namely waiting until it is sued before a judge to fulfill the agreement and then submitting reasons for the lack of the agreement (tjukup et al. , 2016). thus contrary to the essence of the notary deed, if the notarial deed made at the will of the parties is canceled by a court decision, without any lawsuit from the parties mentioned in the deed to cancel the notary deed. cancellation of a notarial deed can only be done by the parties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 285 issn print 2086-6852 and issn online 2598-5892 themselves. the notary deed contains information, statements of the parties and is made at the will or request of the parties, and the notary makes it in a form that has been determined by law and also a notary who is not a party to the deed, the inclusion of the name of the notary in the deed because of the order of the law. canceling a notarial deed means outwardly not acknowledging the deed, thus the deed is not a notarial deed. the outward assessment of the notary deed is not a notarial deed, it must be proven from the beginning to the end of the notary deed there are no requirements regarding the form of the notary deed. if it can be proven that the notarial deed does not meet the requirements as a notarial deed, then the deed will have evidentiary value as an underhand deed, whose proof assessment depends on the recognition of the parties and the judge. criminal and civil cases of notary deed are always disputed from the formal aspect, especially regarding: a. the certainty of the day, date, month, year and time of day. b. the party (who) appears before the notary. c. facing signature. d. the copy of the deed does not match the minutes of the deed, e. there is a copy of the deed, without the minutes of the deed being made. f. the minutes of the deed are not signed in full, but the minutes of the deed are issued. criminal cases related to the formal aspects of a notary deed, investigators, public prosecutors and judges will include the notary having taken legal action: 1. making a fake/falsified letter and using a fake/falsified letter (article 263 paragraph (1), (2) criminal code). 2. doing counterfeiting (article 264 of the criminal code). 3. ordered to include false information in an authentic deed (article 266 of the criminal code). 4. doing, ordering to do, participating in doing (article 55 in conjunction with article 263 paragraphs (1) and (2) or 264 and 266 of the criminal code). 5. assist in making fake/falsified documents and using fake/forged letters (article 56 paragraphs (1) and (2) in conjunction with article 263 paragraphs (1) and (2) or 264 and 266 of the criminal code). the notary is obliged to guarantee the certainty of the day, date, month, year, and time of meeting listed or mentioned at the beginning of the notarial deed, as evidence that the parties appear and sign the deed on the day, date, month, year and time stated in the deed and all the manufacturing procedure has been carried out in accordance with the applicable legal rules in this case the notary position act. if the parties in the deed feel that they appear before a notary and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 286 issn print 2086-6852 and issn online 2598-5892 sign the deed before a notary at a time they believe to be true, but it turns out that the copies and minutes of the deed do not match the reality they believe in, then the party concerned shall take action to deny the certainty of the day, date, month, year. and hit the face stated in the deed (zougira, 2017). in this regard, evidence is needed from the party who made the denial and the notary concerned. if such a crime is categorized as a crime, then the notary is qualified to commit a criminal offense under articles 263, 264, 266 jo 55 or 56 of the criminal code. in proof, if the notary can prove that the parties who appear and sign the deed on the day, date, month, year and time are in accordance with the copy and minutes of the deed, then the notary can be released from prosecution. in addition, if in the evidence there are parties who deny the contents of the deed made by the notary, then the notary is not responsible for this because the deed made by the notary is based on information from the parties themselves. if later it is proven that the person who appears before the notary is not the real person or the person who claims to be genuine, but the person who actually has never appeared before the notary, thus causing the actual loss of the person. criminal liability in an incident like the one above cannot be charged to a notary, because the element of guilt does not exist, and the notary has carried out his duties according to the applicable legal rules, according to the principle of no law without errors, and no mistakes made by the notary concerned, then the notary must be free from prosecution. in making the deed of parties or the deed of relaas, it must be in accordance with the procedures that have been determined. the notary deed only records, and makes a deed of the will, information or statement of the parties which is then signed by the parties, and in the relaas deed, contains the notary's own statement or statement on what is seen or heard virtual, while still based on the making of the deed there must also be a request from the parties. examination of a notary as a suspect or defendant must be based on the procedure for making a notary deed, namely: 1. conducting an introduction to the appearers, based on their identity shown to the notary. 2. asking, then listening and observing the wishes or wishes of the parties (question-andanswer). 3. checking the documentary evidence relating to the wishes or wishes of the parties. 4. provide advice and create a deed framework to fulfill the wishes or wishes of the parties. 5. fulfill all administrative techniques for making a notarial deed, such as reading, signing, providing copies, and filing for minutes. 6. perform other obligations related to the implementation of the duties of a notary public. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 287 issn print 2086-6852 and issn online 2598-5892 in examining the deed made by a notary, his girlfriend must go to the procedure for making a notary deed, in this case the notary position act. if all procedures have been carried out, the deed in question remains binding on those who made it before a notary. criminalizing a notary with reasons on the formal aspect of the deed, the ranger will not cancel the notary deed which is the object of the criminal case, thus the deed in question remains binding on the parties. in civil cases, violations of the formal aspects are considered as an act of violating the law and this is done by filing a lawsuit against the notary concerned. denial of this formal aspect must be done by the appearer himself, not by a notary or other parties. thus regarding the factors that can cause the cancellation of the notary deed by the court and a notary can be held accountable if the notary is proven to have committed a violation such as an unlawful act, for example in making a deed there is an element of coercion from the notary for one of the parties to sign, not reading the deed before the parties and the other formal requirements for making a deed are violated by a notary. if it is proven that the notary public must provide compensation to interested parties or those who feel aggrieved by the deed made by the notary notary's responsibility for cancellation of deed a notary can be held responsible if it can be proven that the notary is guilty. accountability comes from the word responsibility. according to the big indonesian dictionary, responsibility is a state of being obliged to bear everything and if something happens, it can be prosecuted or blamed. meanwhile, a notary is a public official who is authorized to make an authentic deed and other authorities. the responsibility of the notary in proving the deed if there is an error or mistake so that the deed he made loses its authenticity is the responsibility of the notary himself. notaries should carry out their duties and obligations as well as possible so that the purpose of making this deed is achieved and acts as an authentic deed. lumban tobing stated that the notary is responsible for the deed he made, if there are reasons as follows: a. in matters that are expressly determined by the act, the position of a notary. b. if a deed does not meet the requirements regarding its form (gobrek in de vorm), it is canceled before the court or is considered only valid as a private deed. c. in all cases, where according to the provisions in article 1365 to article 1367 of the civil code, there is an obligation to pay compensation, meaning that these things must go through a balanced verification process. a person's responsibility for what he does is of course the obligation of each individual because this is a mandate given to him for someone's protection. in this case the notary is given the authority to make an authentic deed in the sense of compiling, reading and signing and is given the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 288 issn print 2086-6852 and issn online 2598-5892 authority to make a deed in the form determined by law according to the civil code and the notary position act. authentic deeds made by a notary are divided into three powers of proof, namely the power of external evidence, the power of formal evidence and the strength of material evidence. a notary can be held accountable if a notary commits an unlawful act as stated by moegni djojodirdjo, namely that the term against is inherent in both nature and passive if he intentionally does an act that causes harm to other people so that he deliberately makes a movement, it is clear that the active nature of term against it. on the other hand, if he deliberately stays silent, while he already knows that he must do something so as not to harm others, or in other words, if he is passive, he has resisted without having to move his body. this is the nature of the term fight. if the notary performs the deed at the orders and requests of the parties and the formal requirements stipulated by law in the making of the deed have been fulfilled by the notary, then the notary is not responsible. accountability for a person's actions usually only has meaning if he commits an act that is not permitted by law. most of them in the civil code are called unlawful acts (onrechtmatige daad). an unlawful act regulated in article 1365 of the civil code is any unlawful act that causes harm to another person, obliges the wrong person to cause the loss, to compensate for the loss. the notary in carrying out his profession has intentionally done an act that harms one or both parties who appear in the making of a deed and it can really be seen that something that is done by a notary is contrary to the law, then a notary can be requested liability based on article 1365 of the civil code (roesli et al., 2017). as a notary whose duty is also to provide services to the community or people who need his services and ratification or making a deed, then in the deed there is a clause that is contrary to the law, causing harm to other people and the party facing does not know, then the notary's passive attitude can be subject to article 1365 of the civil code. the notary is obliged to pay compensation for the parties who feel aggrieved. the compensation given is the expected loss of profit (expectation loss). the civil code regulates this in article 1244, article 1245 and article 1246. compensation consists of costs, losses and interest. the definition of cost is all expenses that have clearly been incurred by the creditor as a result of the debtor's default. loss is the loss borne by the creditor due to default of the debtor. while interest is the loss of profits expected by the creditor against a legal relationship. compensation that can be requested from a notary can be in the form of material compensation or real compensation and immaterial or intangible compensation. a. material compensation material http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 289 issn print 2086-6852 and issn online 2598-5892 compensation is compensation that can be calculated with money, loss of property which is usually in the form of money, includes real losses suffered by the parties in the event of cancellation of the deed due to negligence of a notary. b. immaterial compensation immaterial compensation is compensation in the form of moral losses where the loss cannot be valued in money, for example fear, loss of pleasure or disability of limbs, humiliation and so on. for example, arner bought a notebook but a didn't get the notebook even though he had paid some money to get the notebook. if a gets the notebook, then the book can be used to write and from the results of writing a can write a novel so that it can be sold for money. notaries who commit acts against the law do not always have to provide compensation for the immaterial losses, because the provision of immaterial compensation is very difficult to bear, and in the end it is the judge who determines the compensation suffered by the parties. 4. conclusion the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, then the notary is not responsible or cannot be charged for the cancellation of the deed. the notary is not responsible for indemnifying the parties concerned. notaries are also not charged with returning to their original position. however, if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. criminal sanctions are not regulated in the notary position act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the criminal code. while civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. compensation that can be borne by a notary in the form of material compensation or real compensation and immaterial or non-material compensation references andriany, r. (2016). unofficial grant without knowledge of the treasure owner based on islamic law (a case study on court decision number 1000/pdt. g/2011/pa. mlg). proceedings of law, 45–52. aribowo, an (2020). legal certainty of the binding of the sale and purchase agreement deed before a notary without the presence of witnesses. surya kencana satu journal: the dynamics of legal and justice problems, 11(1), 85–102. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 290 issn print 2086-6852 and issn online 2598-5892 chandranata, mrp (2021). juridical review, cancellation of notary deed by court decision, and law number 2 of 2014 notary position. islamic university of borneo mab. handayani, igakr (2019). juridical study of cancellation of binding agreement of land sale and purchase deed related to subjective terms. journal of the repertorium, 6(1), 14. irmawati, d. (2019). juridical review of notary deeds whose contents are denied by the parties. journal of law and notary public, 3(2), 177–190. maria, j. (2020). cancellation of notary deed by notary. journal of social sciences and education, 4(4), 408–415. pohan, mn, hidayani, s., & munawir, z. (2021). legal review on detainees' skills in signing notary deeds at detention centers. normative journal, 1(2), 72–76. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sasauw, c. (2015). juridical review on the binding power of a notary deed. lex privatum, 3(1). soesilo, gb, & pratama, ia (2022). legal protection due to cancellation of the binding deed of sale and purchase of land before a notary in purworejo. examination: journal of law, 2(1), 30–55. tjukup, ik, layang, iwbs, nyoman, am, markeling, ik, dananjaya, ns, putra, i., & tribuana, par (2016). notary deed (authentic deed) as evidence in civil law events. acta comitas, 2, 180–188. yulianti, ed, & anshari, t. (2021). legal accountability for notaries in making authentic deed perspective article 65 of law number 2 of 2014 concerning notary positions. scientific journal of pancasila and citizenship education, 6(1), 45–54. zougira, em (2017). the crime of forgery of authentic deeds based on the criminal code. lex crimen, 6(7). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 204 application of business rights over management rights based on government regulation no. 18 of 2021 isnin harianti, astari cahyaningtyas winantyo, ananda amalia tasya faculty of law, darul ulum islamic university, lamongan e-mail: isnin.harianti-2020@fh.unair.ac.id, astari.cahyaningtyas, winantyo2020@fh.unair.ac.id and ananda.amalia.tasya2020@fh.unair.ac.id abstract the purpose of this study is to review the application of regulations on the right to business regulated in p emerintah regulation no. 18 of 2021 on management rights, land rights, flats units, and land registration. after the enactment of this regulation, all other implementing regulations were revoked and declared invalid. in fact, this implementing rule is contrary to the law on it, namely law no. 5 of 1960 on the basic rules of agrarian trees. one of the conflicting rules related to the right to business regulations stipulated in law no. 5 of 1960 on basic rules of agrarian principals, that the right to business can only stand on state land, regulated differently in its implementing regulations, namely in the regulation of pemerintah no. 18 of 2021, which states that the right to business can stand on the land of management rights. so that not only the clash of rules but also contrary to the principle of legal preferences. so that the existence of this rule even though legal fiction has been applied still causes controversy and debate in the world of academics and practitioners. this legal research research method uses statute approach and conceptual approach to analyze two legal issues, namely the regulationof hak guna usaha on land hak pengelolaan in the laws and regulations in indonesia and the problem of applying the rules hak guna usaha on land hak pengelolaan. the result of this study is that due to the conflict of legal preference principle related to implementing regulations with laws on it, until now, the right to business can only be granted on state land, not above management rights. keywords: right to business, management rights, state land, government regulations. 1. introduction indonesia is an agrarian country where most of the population lives as farmers. agriculture is one of the main economic sectors in indonesia(kusniati, 2013). to make it, of course, the land is a needed as an object. as described in the general explanation (11 number 1) as formulated in article 1 paragraph (3) and article 4 paragraph (1) of law no. 5 of 1960 on the basic rules of agrarian that is meant by "land" is the surface of the earth(nurjannah, 2014). after september 24, 1960 the enactment of the agrarian basic law, the dutch colonial rule was abolished(sutadi et al., 2018). this law contains basic provisions related to land in indonesia. this law is further called uupa. uupa contains the basic rules of national land law in indonesia. however, the implementation of this uupa is regulated in implementing regulations in various forms, namely government regulations, presidential regulations, ministerial regulations, and other regulations(hadisiswati, 2014). however, these implementing regulations should not conflict with the legal rules contained in the agrarian basic law. starting from the provisions contained in article 33 of the constitution of the republic of indonesia year 1945, states that the earth, water, and wealth contained therein are controlled by http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:isnin.harianti-2020@fh.unair.ac.id mailto:astari.cahyaningtyas,%20winantyo2020@fh.unair.ac.id mailto:astari.cahyaningtyas,%20winantyo2020@fh.unair.ac.id ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 205 thestate and used as much as the prosperity of the people. therefore uupa as a rule that is applied with the aim of the greatest prosperity of the people(utomo, 2020). in uupa, especially in article 16 paragraph (1), it is mentioned: "the rights to land as referred to in article 4 paragraph (1) are: a. proprietary b. right to business c. building rights d. right to wear e. rental rights f. right to open land g. right to collect forest products h. rights not included in the above rights shall be established by the act as well as temporary rights as mentioned in article 53." furthermore, in article 28 paragraph (1) of uupa, that is meant by the right to business is: "the right to business is the right to cultivate land controlled directly by the state, within the period as stated in article 29, for agricultural, fisheries or livestock companies." so it can be concluded that the right to business, which is regulated and established by uupa, stands on state land. while the implementing rules of the right to business mentioned in article 31, that: "the right to business occurs due to government determination". more clearly explained in article 2 paragraph (4) of uupa mentioned that: "the right of control of the state above its implementation can be exercised to swatantra regions and indigenous peoples, only necessary and not contrary to the national interest, according to the provisions of government regulations." so that the issuance ofa regulation that regulates the registration of land rights for business. one of the implementing rules governing the latest on business rights is government regulation no. 18 of 2021 on management rights, land rights, flat units, and land registration. in article 21 pp number 18 of 2021 it is mentioned that: "land that can be granted with the right to business includes: a. land of the state, and b. land rights management" what is mentioned is a debate among academics and practitioners of agrarian law. clearly what is written here is contrary to what is written in uupa. in 2020, law no. 11 of 2020 on copyright work, hereinafter referred to as uuck, aims to create an ease of business climate in indonesia. in article 138 paragraph (2) uuck mentions that(zulkarnaen, 2020): http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 206 "on land management right, whose utilization is given to third parties either partially or in whole, can be given “hak guna usaha”, hak guna bangunan” or “hak pakai” in accordance with the provisions of the laws and regulations. "" this is contrary to what is stipulated in article 28 of the uupa which states that “hak guna usaha “ can only occur on state land only. dasar made a rule regarding the provision of hgu on hpl land aims to minimize the potential for land conflict in the community, where some people assume that hgu land that has not been extended will be state land that can be occupied by others. in addition, in order to create efficiency in the bureaucracy of land services, so there is no need for first-time giving, extension and renewal. however, with the contradiction of regulations and uupa that are not listed as a basis for weighing from pp number 18 of 2021, it can then cause problems in its application(nurlinda, 2016). uupa does not explicitly regulate “hak pengelolaan” ,but is implied in general explanation ii number (2) in the uupa where the state can give land to a person or legal entity with a right according to its regulations and needs or provide it in management to a ruling body such as departments, positions or swatantra to be used for the implementation of their respective duties. the term of management right, here in after referred to as hpl, first appears in article 2 of the regulation of the minister of agrarian affairs no. 9 of 1965 concerning the implementation of the conversion of state land tenure rights and provisionson the land other than its own use is also intended to be granted a right to a third party, then converted into management rights. thus, management right is the right of control of the state whose implementation authority is partially delegated to the holder of management right, which is guided by article 2 paragraph (4) of the uupa where the right to control of state land can be delegated to the agency. hak pengelolaan is given to government legal entities in the field of public services or businesses whose functions are related to land, so that not all legal entities can be given land hakpengeloaan. in addition to the contradictions of the arrangement, there is a change in the term hpl in article 7 paragraph (1) letter b pp number 18 of 2021, that hpl holders are given the authority to use and utilize all or part of hpl land for their own use or cooperation with other parties. while in reality hpl land is given to agencies to cooperate with third parties, not for their own use. moving from the existing problems related to the latest regulations governing both business use rights and management rights in pp number 18 of 2021, it is necessary to conduct a deeper study related to the regulation and implementation of business use rights on land management rights to present solutions to existing legal issues. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 207 2. research methods this research islegal researchthat uses astatuteapproach and a conceptual approach. the legal approach is carried out by reviewing applicable laws and regulations related to legal issues that are being addressed(pawliuk et al., 2021). the statutory approach will open up opportunities for researchers to study whether there is consistency and conformity between one law and another or between legislation and the constitution or between regulation and legislation. while the conceptual attachment moves from the views and doctrines that develop in the science of law, where then will be obtained an understanding and ideas that give birth to the understanding of law, legal concepts and legal principles that become the basis for researchers to build arguments in solving legal issues(draper & newton, 2017). with both approaches, there will be a review of laws and regulations that are directly and indirectly related to related issues, and also by studying views and doctrines to gain understanding and understanding of law, legal concepts, and legal principles so as to build a legal argument in solving legal issues. an alysis of legal materials in this study will be done by studying existing legal concepts using methods of interpretation or interpretation of law. grammatical interpretation is used to determine the meaning of the provisions of the law based on the arrangement of words or sounds of the text of the law and explained according to a common colloquial and interpreted logically(mengersen et al., 2007). systematic interpretation is used to interpret laws as part of the entire statutory system by linking them to other laws so that interpreting them must not deviate from the system of laws and regulations. in this study, grammatical interpretation was used to interpret the sound of articles in pp number 18 of 2021 as the object of study. in terms of reviewing the rules, there are other rules with hierarchies above them that must be connected with the arrangement by using systematic interpretation to ensure the absence or absence of contradictions between laws and regulations(barnes, 2018). 3. results and discussions based on article 4 of law no. 5 of 1960 on the basic rules of agrarian trees, it is mentioned that land is the surface of the earth that can be given rights on theland, which gives authority to the holder of his rights, to use along with the body of the earth, water and space above it for the benefit that is directly useful for theuse of the land. in customary law, land has a favorable property property, a means of living that also provides livelihood, and a place where the landowner and his generation will be buried when he dies. the land rights granted to the landowner are called land rights, which are divided into 3 types, namely land rights that are fixed, land rights that are temporary, and land rights that will be established by law. land rights that are fixed are the right to land whose existence remains http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 208 recognized and not removed, including property rights, building use rights, business use rights, and right to use. the right tobusiness, as stipulated in article 28 paragraph (1) of uupa is the right to cultivate land directly controlled by the state for agricultural, fisheries and livestock businesses, so that if it is based on uupa then ”hak guna usaha” can only be given on state land only. another characteristic of the right to business stipulated in uupa, that land can be given to individuals and legal entities. for business use rights that can be given to individuals is a minimum of 5 hectares and a maximum of 25 hectares, while for business use rights granted to legal entities is at least 5 hectares and masimal stipulated by the head of the national land agency. the legis ratio given the minimum area rule of 5 hectares is that to be able to guarantee the welfare of the community as a rights holder, it takes a minimum of 5 hectares of land. prior to the issuance of government regulation no. 18 of 2021, the implementing regulations related to the right to business were regulated in government regulation no. 40 of 1996 on business use rights, building use rights and land userights. government regulation no. 40 of 1996 is not contrary to uupa which is more hirearki higher than government regulation. it is stated in article 4 paragraph (1) of pp number 40 of 1996 that: "landthat can be granted with the right to business is state land. "so that there is harmony between the laws and regulations on it, namely law no. 5 of 1960 on basic rules of agrarian principals and itsimplementation of the implementation of the rightto business, namely government regulation no. 40 of 1996 on right to business, right to use building and land use rights. however, since the issuance of the copyright law, the right to business mentioned in the law is in article 138 paragraph (2) mentions that above the right of management, whose use is given to third parties, either in part or in whole, can be granted the right to business use, right to use building and or right to use in accordance with the provisions of the laws and regulations." furthermore, because of the above, the implementation regulation is issued,namely government regulation no. 18 of 2021 on management rights, land rights, flat units, and land registration. so that after the issuance of government regulation no. 18 of 2021 immediately revoked the previous regulations, one of which is government regulation no. 40 of 1996 on business use rights, building use rights and land use rights,government regulation no. 24 of 1997 on land registration, and many other regulations. however, the right to business stipulated in this latest government regulation is mentioned if the right to business can be granted on state land and land management rights. so that there is a discrepancy in what is written in law no. 5 of 1960 on the basic rules of agrarian subjects, asabasic provision of indonesia's national agrarian law regulations with this newly http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 209 published implementing regulation. more clearly when reading the consideration of this government regulation does not mention the agrarian basic law as a basis for remembrance. this government regulation mentions law no. 11 of 2020 on copyright work as a basis for remembering. the right to lobbying is not explicitly mentioned in article 16 of the uupa, but the term "management" in the uupa can be found in the general explanation number ii of the uupa,that: "the state can give such land to a person or legal entity with a right according to its designation and needs, such as property rights, business use rights, building use rights, and right to use or provide it in management to a ruling body to be used for the implementation of their respective duties." the understanding of management rights in new laws and regulations first appeared in the regulation of the minister of agrarian affairs no. 9 of 1965 (pma 9/1965). that the term management rights in pma 9/1965 is a form of conversion of state land control stipulated in government regulation no. 8 of 1953 on the control of state lands. so it is clear if the authority of the right to control the land of the state is given to the ruling body. the form of granting the right to control the land of the country is further regulated in pma 9/1965 which regulates the conversion of land rights. that control over the land of the country when it has been granted to the departments, directorates, and areas of swatantra can be converted into right of use or management rights. in article 1 pma 9/1965 mentions that when the land is used for the benefit of the agency itself, it is converted into the right of use, while in article 2 pma 9/1965 mentions when the land is mentioned in addition to being used for its own interests, it is also intended to be granted a right to a third party, it is converted to management rights(silviana, 2019). the existence of management rights based on pma 9/1965 was then first recognized in the law, namely in law no. 8 of 1965 on flats. however, there is no further definition of management rights. the understanding of the new management rights is given in pp 40 of 1996, namely in article 1 paragraph (2) that the right of management is the right of control of the state whose implementing authority is partially delegated to the holder. the same understanding is also mentioned in the latest pp, namely pp 18 of 2021 in article 1 paragraph (3)(santoso, 2015). regarding management rights, there are several authorities that will be obtained by management rights holders. in pma 9/1965 it is mentioned in article 6 that the authority granted to the holder of the management rights is: planning the allocation and use of the land, using the land for the purposes of carrying out its duties, and handing over parts of the land to third parties with a six-month period of use rights(fairuzabadi & khisni, 2018). the authority obtained by the holder of management rights in article 7 pp number 18 of 2021 is to give the authority to draw up a plan forthe allocation, use, and utilization of land in accordance with the spatial plan; use and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 210 utilize all or part of the land management rights for self-use or cooperation with other parties and determine annual mandatory tariffs and / or money from other parties in accordance with the agreement. there is one authority that looks different from the provisions of pma 9/1965, namely related to the use of all land for its own benefit, which is different from pma 9/1965 which provides conversion to the use of all land into right of use, and by pp number 18 of 2021 granted management rights(hajati, 2019; hajati et al., 2017). so that according to this government regulation, if the holder of the management rights to work on his own land is not converted into right of use but still management rights(riza et al., 2018; romadhon et al., 2018, 2020). the contradiction of the enactment of this government regulation with the number of laws and regulations on it becomes a debate and legal issue. where clearly this rule ignores the rules of legal preferences that apply, where hierarchically in article 7 of law no. 12 of 2011 on the establishment of laws and regulations mentioned that "(1) the type and hierarchy of laws and regulations consists of: a. the constitution of the republic of indonesia of 1945; b. the decree of the people's consultative assembly; c. government laws/regulations in lieu of the act; d. government regulations; e. presidential regulations; f. provincial regulations; and g. district/city regulations. referring to law no. 12 of 2011 then by using the principle of legal preference that is lex superior derogat legi inferior,then the position of law no. 5 of 1960 is higher than the government regulation under it. so that principles and anything contained in government regulations should not conflict with the law above. if we review the consideration of this government regulation by including the work copyright law as a basis considering that it is not uupa then of course there are legal defects in it(et al., 2021; hajati et al., 2014; sekarmadji et al., 2017). the confusion of this rule that should be the implementing rule of granting the right to business above management rights certainly cannot be applied(irfani, 2020). although theoretically, it is not wrong if the right to business is granted above the management rights, but it must be remembered in terms of the area of business use rights that are at least 5 hectares, then the land area of the management rights must be much wider than the right to use the business that is intended to be requested. in terms of such area alone, it becomes impossible because there will be various questions related to the granting of management rights with such a large area. why not just be given the right to business on state land but must first be given the right of management first on the subject holder of the new management rights then http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 211 given the right to business on it. furthermore, there will be other problems related to land registration. registration of land right to business on land management rights is much more difficult because it requires approval from the holder of management rights. if viewed from the point of view of the applicant of the right to business, of course, he would prefer to apply for land of right to business on state land. in addition to the area, and the difficulty of land registration procedures that occur, it is also related to the position of management rights which basically when granted rights to other land on it requires approval from the holder of management rights. the applicant for the right to business must first obtain approval to be able to obtain the right to business on the land. maria s.w. sumardjono stated that the basis for granting land rights by holders of management rights to third parties is the legal relationship stated in the land use agreement letter(sitorus et al., 2016). in addition to the application for rights that must first get approval from the holder of the managementrights, the complexity of the arrangement ofbusiness rights on land management rights is also related to the transition and guarantee of the land. the right to business as mentioned in article 30 pp number 18 of 2021 can be used as a guarantee of debt, and can be transferred, or transferred. this is certainly different from the loading of guarantees and transitions as can happen to the right to business on state land. if done on land management rights, then it is actually the same as other land rights that are on land management rights, requires approval from the holder of management rights first. the approval of the holder of this management rights is regulated innature article 29 of government regulation no. 18 of 2021 that: "the holder of the right to business has the right: use and utilize the land granted in accordance with its designation and requirements as stipulated in the decision and agreement of its grant". so if there is indeed a right to business is granted on the right of management, then there is also a land use agreement between the holder of the right to business and the holder of the management rights as previously mentioned. this agreement is made in the presence of a notary or under the hand. in practice, this agreement has several terms of agreement including land use agreement letter (sppt), submission agreement, use and management of land rights. after obtaining approval from the holder of management rights, prospective holders of business use rights apply to the city / regency land office. in article 23 paragraph (2) of this government regulation, that the right to business on land management rights is granted by decision granting rights by the minister with the approval of the management rights holder. after the issuance of the decree on the right to business from the minister,reregistered withthe land office aftert, then there is a right to business as well as the issuance of the certificate of right to business in question. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 212 basically, in land registration there are some underlying foundations. article 2 pp number 24 of 1997 regulates some of these principles, namely simple principles, peace principles, affordable principles, mutkahir principles, and open principles. when associated with the granting of business use rights on land management rights, there are some principles that are not appropriate and not applied in the grant. some of the principles that are not applied in the granting of business use rights on land management rights are as follows: a. "the simple principle in land registration is intended so that the provisions and procedures can easily be understood by interested parties, especially land rights holders. b. the safety principle is intended to show that land registration needs to be carefully and carefully organized so that the results can provide guaranteed legal certainty in accordance with the purpose of land registration itself. c. the principle of affordable is intended for affordability for those in need, especially with regard to the needs and capabilities of the weak economic class. services provided in the framework of land registration must be affordable by the parties in need. with the granting of the right to business on land, it may not be possible to do a simple basis. this is because there are still doubts related to the implementation of the granting of business use rights on land management rights. provisions that are still vague and not in accordance between the land that can be given the right to business in uupa and pp 18 of 2021 is one of the factors that cannot realize the simple principle. the second principle that cannot be implemented is the principle of peace. with there are still many doubts and no clearer provisions related to the procedure of granting right to business on land management rights, there may be inaccuracies in the granting of business use rights on land management rights, especially because the rules of right to business on land management rights are new rules, so it cannot be realized carefully if not regulated further and clearly in other provisions. the third principle thatg cannot be implemented is an affordable base. if the prospective holder of the right to business wants to apply to get the right to business on the right of management then it can be ascertained that it will require a large cost considering the new provisions so that more costs may be incurred to get certainty related to the granting of business use rights on the land of management rights. granting business use rights on land management rights on the one hand benefits management rights holders because there can be income money through land use agreements. of course, with the income money, it will increase the benefits for holders of management rights and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 213 the land can be utilized to the maximum. but on the other hand, it is likely to be detrimental for prospective holders of the right to business, where it is known that there are complex procedures in the acquisition, loading, and underwriting that require prior approval from the holder of the management rights, and the costs that will be incurred are greater than by applying for the right to business on state land because it must be paid income money to the holder of the management rights as a form of the land use agreement. 4. conclusions the right to business on management rights stipulated in government regulation no. 18 of 2021 on management rights, land rights, flat units, and land registration cannot be applied in the granting of business use rights because in addition to hierarchically that this regulation is contrary to the article related to the right to business stipulated in law no. 5 of 1960 on basic rules of agrarian principals. regulation pemerintah as the implementing regulation under it should be subject to the laws and regulations on it, considering law no. 5 of 1960 as the main provisions of the indonesian national agrarian law. if we use principle lex superiori derogat legi inferiori which is the highest regulation beating the regulations under it, then there is alegal flaw in this recently published government regulation. thus further if we read the considerations in this government regulation does not include uupa as a basis for remembering. in addition to the provisions in contrast to the rules that are domiciled above, the arrangements regarding the right to business on management rights are also contrary to principle-principle of land registration. what is set forth in several articles related to the right to business over the right of management in addition to contrary to principle law is also contrary to the u.s.in land registration. biaya that must be issued for land registration and payment of income money by the holder of business rights to the management rights holder causes discrepancies with the affordable principle in land registration. the right to business on management rights issued by the minister must also be granted with the approval of the holder of management rights,so that the process of granting rights is considered more complicated when compared to the granting of business use rights on state land. the more complicated and lengthy procedure is not in accordance with the simple principle in land registration that prioritizesthe ease of the procedure for obtaining the right of aland bag. supposedly in making a new rule of law, the government pays attention to these things, so that the rules can be applied properly and appropriately in the field. the right to business on land management rights may be applied by changing the provisions contained in the uupa. this is a solution to the contradiction of laws and regulations between the regulation of right to business on management rights regulated in uupa and regulated in pp number 18 of 2021. the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 214 government cannot necessarily ignore or make new rules related to the implementation of the granting of business use rights above management rights,because in the highest rules, namely uupa, the right to business is only regulated to be obtained on state land. another step that can be done is to revoke pp number 18 of 2021 to be replaced with rules that do not conflict with uupa. the rules that must be changed include relating to the various land rights that can be granted the right to business on it, and also regarding the obligation to make a land use agreement between the holder of the management rights and the holder of the right to use the business to frame the legal relationship of granting land for use by other parties. the obligation to make the agreement is intended so that in the granting of business use rights on the right of management is not done arbitrarily by the holder of the management rights in relation to the period and determination of the income money that must be paid by the holder of the right to business. with a comprehensive arrangement, it will create good legal protection for the community(mahmud marzuki dan peter mahmud, 2011; m. p. m. marzuki, 2019; p. p. m. marzuki, 2008). references barnes, j. (2018). contextualism: „the modern approach to statutory interpretation.‟ university of new south wales law journal. draper, m. j., & newton, p. m. (2017). a legal approach to tackling contract cheating? international journal for educational integrity. https://doi.org/10.1007/s40979-017-0022-5 et al., a. s. (2021). data synchronization model to improve the supervision of land ownership for citizens towards the indonesian agrarian reform agenda. psychology and education journal. https://doi.org/10.17762/pae.v58i2.2323 fairuzabadi, r., & khisni, a. (2018). peran ppat dalam proses peralihan hak atas tanah dan pembagian hak bersama setelah terjadinya penetapan pembagian waris di pengadilan agama kabupaten garut. jurnal akta. https://doi.org/10.30659/akta.v5i1.2548 hadisiswati, i. (2014). kepastian hukum dan perlindungan hukum hak atas tanah. ahkam: jurnal hukum islam. https://doi.org/10.21274/ahkam.2014.2.1.118-146 hajati, s. (2019). application of agreement principles in land procurement for development public interest. yuridika. https://doi.org/10.20473/ydk.v34i2.12641 hajati, s., mochthar, o., & winarsi, s. (2017). the existence of adat land postenactment of law number 6 of 2014 on village. jurnal dinamika hukum. https://doi.org/10.20884/1.jdh.2016.16.3.707 hajati, s., sekarmadji, a., & winarsi, s. (2014). model penyelesaian sengketa pertanahan melalui mediasi berkepastian hukum. jurnal dinamika hukum. irfani, n. (2020). asas lex superior, lex specialis, dan lex posterior: pemaknaan, problematika, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 215 dan penggunaannya dalam penalaran dan argumentasi hukum. legislasi indonesia. kusniati, r. (2013). analisis perlindungan hukum penetapan lahan pertanian pangan berkelanjutan. inovatif jurnal ilmu hukum. mahmud marzuki dan peter mahmud. (2011). penelitian hukum,. in jurnal penelitian hukum. marzuki, m. p. m. (2019). ian mcleod, terry hutchinson serta jan gijssels dan mark. hukum perjanjian. marzuki, p. p. m. (2008). penelitian hukum. penelitian hukum. mengersen, k., moynihan, s. a., & tweedie, r. l. (2007). causality and association: the statistical and legal approaches. in statistical science. https://doi.org/10.1214/07-sts234 nurjannah, s. (2014). undang-undang pokok agraria (uupa) sebagai induk landreform. uin alauddin. nurlinda, i. (2016). telaah atas materi muatan rancangan undang-undang pertanahan ida nurlinda. jurnal bina mulia hukum. https://doi.org/10.23920/jbmh.v1n1.1 pawliuk, c., park, m., & buxton, j. a. (2021). legal approaches and government policies enacted to address the overdose epidemic: a scoping review protocol. jbi evidence synthesis. https://doi.org/10.11124/jbisrir-d-19-00296 riza, i. n., harianti, i., suyatno, s., & zamroni, m. (2018). aspek hukum terhadap penyelesaian sengketa batas wilayah desa sendi di kabupaten mojokerto. mimbar yustitia. https://doi.org/10.52166/mimbar.v2i2.1550 romadhon, a. h., harianti, i., rohyana, n., & agustina, m. (2020). dinamika pranata pemerintahan desa adat dalam dimensi hukum tata negara. jurnal hukum media bhakti. https://doi.org/10.32501/jhmb.v2i2.25 romadhon, a. h., harianti, i., royhana, n., & agustina, m. (2018). dinamika pranata pemerintahan desa adat dalam dimensi hukum tata negara. jurnal hukum media bhakti, 2(2), 127–137. santoso, u. (2015). hukum agraria: kajian komprehenshif. penerbit prenamedia group. sekarmadji, a., kurniawan, f., amalia, r., & yekti, m. f. (2017). inconsistency inthe use of legal concepts in the regulations of land acquisition in indonesia. international conference on law, governance and globalization 2017 (iclgg 2017). silviana, a. (2019). polemik penundaan pengesahan rancangan undang-undang ( ruu ) pertanahan. diponegoro private law review. sitorus, m. f., white, b., sumardjono, m. s. w., marzali, a., sajogyo, bahari, s. y. h. s., agusta, e. s. i., nasution, l. i., fauzi, n., nasikun, hardjono, j., suhendar, e., & hariadi kartodihardjo, h. s. (2016). menuju keadilan agraria. in akatiga. sutadi, r. d., luthfi, a. n., & mujiburrohman, d. a. (2018). kebijakan reforma agraria di http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 216 indonesia (kajian komparatif tiga periode pelaksanaan: orde lama orde baru, dan orde reformasi). tunas agraria. https://doi.org/10.31292/jta.v1i1.11 utomo, s. (2020). nilai-nilai kearifan lokal hukum adat dalam hukum tanah nasional. jurnal hukum media bhakti. https://doi.org/10.32501/jhmb.v2i1.16 zulkarnaen, a. h. (2020). hukum pengupahan undang-undang cipta kerja (uuck) dan keinginan semua pihak dalam hubungan industrial. jurnal hukum mimbar justitia. https://doi.org/10.35194/jhmj.v6i2.1177 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 367 legal due to the transfer of rights to agricultural land to non agriculture in the city of tasikmalaya ami nurjannah faculty of law, narotama university surabaya e-mail : aminurjannah@gmail.com abstract in this study, the researcher uses the title legal strength and authentic deed agricultural land is one of the ecosystem supporting the life of indonesian citizen, fertile land into fruit that will produce food resources for all residents who are in the vicinity. in order to maintain food resources in indonesia farmers must do the care and protection of plants that they plant whether rice, corn, or other plants that produce agricultural fruits. good resources are resources that are continually given attention and management periodically to achieve perfect results in supplementary. in addition to the care of the farmers to realize an increasingly advanced ecosystem need the government's efforts in supporting the advancement of food resources, because so the empowerment of nature and governance of each other is aligned and balanced, but it is not easy in the implementation necessary to build awareness to make it happen. entering a new era as now the government is doing many changes and shifts on the basis to make it a source of income in a different field, as well as the transition of agricultural land function into a building or other building materials to achieve a faster outcome and the kerab is considered more appropriate and luxurious. the transition of agricultural land is no longer a taboo in life as it is today, to advance the technology and development of a region or country of agriculture has become a major target of entrepreneurs and governments engaged in the field. the farmland turned into a building is a question of how validity is in the process of implementation. because with the transition the land can affect the sustainability of the lives of the inhabitants and farmers around it. because the manifestation of a seumber of natural power is to defend and develop it to keep it going. keywords: agriculture, land transfer 1. introduction soil is a natural ecosystem that can be used by humans in a variety of needs, from planting rice, fertilizing plants, building buildings, building houses and other human needs to burying human or animal crooks into burrows. a land will never be spared from agricultural land because agricultural land is very influential on the food and clothing of farmers to continue to produce and produce beautiful plants, food clothing needed or for raising livestock in agricultural land. in general, land use is seen from the capability of the land and its location. if for agricultural activities, land use depends on the land capability class which is characterized by differences in the properties of the barriers to its use. suparmoko said that land use is also seen in locations where the land is in residential areas, industrial locations, or for tourist areas (sitepu et al., 2021). the policy of changing the function of agricultural land made by a country, including indonesia, is actually aimed at regulating the availability of agricultural land so that it remains stable and does not narrow, does not easily or quickly deteriorates and continues to function properly. as a result of the act or utilization of its inhabitants, because basically the transition of 368 agricultural land occurs due to elements that aim to sustain the lives of other humans (rizal et al., 2021). since the issuance of government regulation number 22 of 1976 concerning the establishment of the administrative city of tasikmalaya. at that time the city of tasikmalaya was still a very small city but was able to develop much better than other big cities (iskandar, 2013). the location of the main route apart from the island of java in west java province, namely the city of tasikmalaya, there are not a few investors who channel their funds to carry out development and invest capital for the business interests of investors, because of its strategic location and capable of providing potential for business development, apart from the city of bandung, jakarta and semarang or other big cities tasikmalaya city as one of the targets of investors to expand their business branches, they make the city of tasikmalaya as the best choice city (herdiansyah et al., 2016). this city which has a lot of natural beauty will develop very rapidly if it is able to utilize its natural wealth for the welfare of the city community itself. currently, tasikmalaya city has an area of 183, 8 km, with 692,567 inhabitants, has 10 districts and 69 sub-districts. based on data from the central statistics agency for the city of tasikmalaya in 2019 on land parcels from several categories of land status, 92,185 ownership rights, 10,483 building use rights, 893 use rights, 303 waqf rights, 3 business use rights, and 3 land management rights. this is a reference that the city of tasikmalaya has experienced quite improved developments over the years. from developments that cover several development sectors in tasikmalaya city, it turns out that there are still many that have not been verified by temporary data. it is observed that the number of land parcels registered by the tasikmalaya city national land agency is 103,870, while the facts in the field state that approximately 300 thousand lands have not been verified. this obstacle was caused by the difficulty of the community in completing the file registration process. this was also related to how the local government consolidated the community regarding the status of land ownership. a similar problem is related and no less important is the transfer of agricultural land to non-agricultural. the conversion of agricultural land which is very worrying for the community in the construction of a building or hotel is not increasingly empowering the farmers, but rather the farmers who are being deceived. farm land is getting less, iron, concrete and so on are planted for development purposes which are deemed insufficient to transfer the function of agricultural land properly. the welfare of the farmers lies in the source of the wealth of agricultural land which is the focus for maximizing the yields of the farmers in tasikmalaya city (latianingsih et al., 2019). this is in accordance with the principles and objectives of the protection and empowerment of the farmers to achieve sovereignty, independence, usefulness, efficiency, justice and sustainability. according to the authors, a process of land use change carried out by the government can affect the economic, social and cultural sectors of the community in the local area, especially on soil fertility resulting in the impact of a decrease in national food production and many farm 369 workers who lose their jobs if this function change is not in accordance with the conditions and conditions of the community in the area, it will be very clear that the regulations for controlling the function of this land are very weak due to the uncertainty of government regulations and officials who handle the change of land functions in carrying out their duties so that it can be said that they deliberately shift the function of the agricultural land to function sectors in other fields (roesli et al., 2017). with the change in the function of agricultural land which does not provide welfare to the community, there should be a firmness in the strength of the law, provide firmness to law enforcers, and provide sanctions for violations to those concerned in handling cases of transfer of agricultural land to non-agricultural so that there are no disputes or land disputes that cause legal uncertainty in its management in the future. 2. research methods this legal research uses the methods that will be described, as follows: approach method, peter mahmud argues that in legal research there are several approaches. the approaches used in legal research are statute approach, case approach, historical approach, comparative approach, and conceptual approach (peter mahmud marzuki, 2011). ased on the explanation above, the type of research used by the author to compile this thesis is statute approach, conceptual approach, and case approach. the materials collected are then classified and then arranged systematically so that they can provide an answer or conclusion to the problem in the problem formulation. 3. results and discussion factors can encourage the transfer of agricultural land use functions to nonagriculture in the city of tasikmalaya the conversion of agricultural land functions can be caused by several factors including: 1. internal factors internal factors that are caused by a social and economic condition of agriculture, the character of the farmer from age, education, family dependents, land area owned, and the level of dependence on land. with the development of the times, many choose practical jobs that do not sweat too much, but usually enough income is from young people who want to work in industry and offices rather than in the fields. this can affect rural areas where most of the income to meet the needs of those engaged in agriculture is decreasing because they choose to go to cities looking for more practical work. apart from that the increasing value of the rupiah and economic development, operational costs in land management also cause farmers to suffer losses, so that farmers prefer to switch and be shifted professions and their agricultural land to non-agricultural (risna diani, 2016) 2. external factors 370 factors that are due to changing urban growth dynamics. first, the growth of urban areas, the denser urban areas, the expansion of the suburban or rear areas of the city. rural areas with population densities that supply food needs in urban areas have begun to urge the growth and development of increasingly dense urban populations. so that the land in the village has been converted into residential and industrial land. second, the increasing population growth has resulted in more demand for living places, with the conversion of agricultural land into rural residential land used for housing, the density of development is considered to be the result of decreased growth in agricultural production, rice, maize, and others. third, the economic factor is one of the factors that causes the increasing level of land demand in the economic sector, from tourism to trade centers. the economic crisis has also led to a change in the function of agricultural land, many of the farmers selling their land and plantation land to meet their daily needs. 3. government policy factors weak regulatory aspects related to the issue of legal force, violation sanctions, and accuracy of land objects that are prohibited from being converted, and the lack of real action and unclear government steps in minimizing conversion of land functions that are converted. 4. population factors as the population of an area increases, the community's needs will increase in the development of land for houses, businesses, industry and other public facilities. evidenced by the table listed below based on the source of the department of population and civil registration of the city of tasikmalaya. tabel 1. jumlah penduduk dan kepadatan penduduk per-kecamatan kota tasikmalaya tahun 2019 sumber : data.tasikmalayakota.go.id/dinas kependudukan dan pencatatan sipil districts total population % wide (km2) population density cihideung 73.372 10,19 5,49 13.365 cipedes 82.108 11.40 8,96 9.164 tawang 64.114 8,90 7,07 9.068 indihiang 57.826 8,03 11,04 5.238 kawalu 96.942 13,46 42,77 2.267 cibeureum 68.604 9,52 19,04 3.604 tamansari 75.970 10,55 35,99 2.111 mangkubumi 96.834 13,45 24,53 3,948 bungursari 59.064 8,20 16,90 3.495 purbaratu 45.048 6,25 12,01 3.751 total 719.882 100,00 183,80 3.917 371 in addition to population density which is increasing every year, the increase in people's living standards also plays a role and keeps up with the times. the expanse of paddy land which was originally wide stretched then decreased due to the conversion of part of the residential area. over time, the number of changes in the function of agricultural land is increasing, while on the other hand, the opening of new agricultural land from forest areas or other dry land (yards and plantations) does not meet the desired target. 5. economic factors increase in the value of land rent obtained from the non-agricultural sector rather than the agricultural sector itself. low wages or incentives for farmers due to the high cost of living and production costs, meanwhile the price of farming is relatively low, the needs of farmer families who are forced to follow the development of business capital needs or other necessities such as education, employment, or additional capital to support their families often make the farmers prefer to sell their land because they have no other choice (risna diani, 2016). 6. increase in community needs for settlements when residential areas no longer meet the requested needs, conversion of agricultural land to housing areas becomes an option as a solution to this problem (suriansyah murhaini, 2018). 7. the high cost of running agriculture to process rice fields or agricultural land from the soil layer in order to get optimal results, of course, requires a lot of capital, not to mention that if the products needed for agricultural processing have increased, such as when the price of fuel oil increases, the price can increase to two times. folding. the increase in the price of fertilizers, agricultural seeds, irrigation costs, to the rental price of farmers made rice owners consider selling their fields or converting the land into buildings or entrepreneurial places. 8. decreasing selling prices of agricultural products the selling price of agricultural products has become very low or even unsold in the market. if this happens, the farmers will suffer significant losses. 9. change to other business sectors along with the development of the times and knowledge, technology, and the increasing insight of agricultural land owners, not a few of them deliberately shift the function of agricultural land to other business sectors. with the hope that the economy can continue to improve, they have started to establish industrial places, animal husbandry, and other business places on their agricultural land. 10. socio-cultural factors 372 the existence of inheritance law causes the fragmentation of agricultural land so that there is no minimum limit of profitable business economies of scale, weak control functions and the enforcement of government or institutional regulations related to the conversion of agricultural land functions. regional autonomy which prioritizes development to increase regional original revenue. in addition, there is a lack of interest in the younger generation in agriculture because several groups of people think that jobs in the agricultural sector are low income and are in the lower class. there are factors that encourage the conversion of agricultural land functions, it is necessary to review the applicable regulations and legal basis to protect and ensure that the process does not occur arbitrarily. the conversion of land for sustainable food agriculture is basically prohibited from being converted. as regulated in article 44 of law number 41 year 2009 concerning protection of sustainable food agricultural land. exceptions that may only be for the public interest and some of the conditions in article 44 paragraph 3 are : a. a strategic feasibility study was conducted b. a land conversion plan was prepared c. released ownership of rights from the owner; and d. provided replacement land for the converted sustainable food agricultural land. several points of regulation in law number 41 year 2009 are related to the regulation of the conversion of protected agricultural land functions: article 44 paragraph (2) of law number 41 year 2009 provides that; "in the case of public interest, sustainable food agricultural land can be converted and implemented in accordance with the provisions of laws and regulations." article 44 paragraph (3) of law number 41 year 2009 provides that; "the conversion of land that has been designated as sustainable food agricultural land for the public interest can only be done with the following conditions:" a. a strategic feasibility study was conducted b. a land conversion plan was prepared c. released ownership of rights from the owner; and d. provided replacement land for the converted sustainable food agricultural land. article 45 of law number 41 year 2009 provides that; "in addition to compensation to the owner, the party who converted it was obliged to replace the value of infrastructure investment." article 46 paragraph (1) of law number 41 year 2009 provides that; "provision of replacement land for the converted sustainable food agricultural land is carried out on the basis of land suitability with the following provisions:" a. at least three times the area of land in terms of being converted to irrigated land; 373 b. at least twice the land area in terms of the conversion of tidal swamp (lebak) land reclamation; and; c. at least one time the land area in terms of non-irrigated land converted. article 46 paragraph (2) of law number 41 year 2009 provides that; "the provision of food agriculture land as a substitute for sustainable agricultural land must be included in the preparation of the annual program plan, the medium term program plan (rpjm), as well as the long term program plan (rpjp), related agencies at the time the function transfer is planned. article 46 paragraph (3) of law number 41 year 2009 provides that; "the provision of agricultural food land as replacement land can be done by:" a. new land clearing on sustainable food agricultural reserves; b. conversion of land from non-agriculture to agriculture as sustainable food agricultural land, especially from abandoned land and land formerly forest areas; c. establishment of agricultural land as sustainable food agriculture. article 46 paragraph (4) of law number 41 year 2009 provides that; "the provision of replacement land for the converted sustainable food agricultural land is carried out with the guarantee that the replacement land will be used by transmigration and non-transmigration farmers with priority for farmers whose land is converted in accordance with the provisions of laws and regulations." article 46 paragraph (5) of law number 41 year 2009 provides that; "for the purposes of providing replacement land, the government will carry out an appropriate land inventory and maintain a list of these lands in an information center for sustainable food agricultural land." article 48 of law number 41 year 2009 provides that; "in the event of a coercive situation which results in the destruction and / or damage of sustainable food agricultural land permanently, the government and / or local governments replace the sustainable food agriculture land as needed." article 49 of law number 41 year 2009 provides that; "replacement land for food agriculture is determined by:" a. district / city regional regulations in the case that the replacement land is located within a district / city in a province; b. provincial regulations in the case of replacement land located in two districts / cities or more in one province c. government regulations regarding replacement land located within two or more provinces article 50 paragraph (1) of law number 41 year 2009 provides that; "all forms of permits that result in the conversion of the function of sustainable food agricultural land are null and void, except for public interests." 374 article 50 paragraph (2) of law number 41 year 2009 provides that; "every person who changes the function of land for sustainable food agricultural land outside the provisions is obliged to return the condition of the land to sustainable food agricultural land." article 50 paragraph (3) of law number 41 year 2009 provides that; "everyone who owns sustainable food agricultural land can transfer ownership of the land to other parties without changing the function of the land as sustainable food agricultural land." article 51 paragraph (2) of law number 41 year 2009 provides that; "everyone who carries out activities that cause damage is obliged to carry out rehabilitation." as explained above in accordance with the points in law number 41 of 2009 it is explicitly stated that in article 50 paragraph (2) it is obligatory to restore the function of agricultural land if anyone who changes the function of agricultural land is outside the provisions because basically the function of the protection of sustainable food agricultural land is to meet the needs of the people, in accordance with article 33 paragraph (3) of the 1945 constitution, which reads: "earth, water, and natural resources contained therein are controlled by the state and are used maximally for prosperity . people". apart from the factors that encourage the conversion of land functions, most of them have legal consequences from the conversion of land functions, especially on sustainable food agriculture. legal consequences of transfer of agricultural land to non-agricultural lands which are not in accordance with legislation the transfer of function of agricultural land to non-agricultural land is closely related to the regional regulation of the city of tasikmalaya number 10 of 2016 concerning detailed spatial plans and zoning regulations for the city of tasikmalaya for 2016-2036. article 1 paragraph (48) states that: "space utilization permit is a required permit in spatial utilization activities in accordance with the provisions of laws and regulations". article 44 paragraph (1) states that: "land that has been designated as sustainable food agriculture land is protected and prohibited from being converted". unless there is a change in the regional spatial plan or a natural disaster that results in the loss of land function and irrigation networks in accordance with article 83 of government regulation number 20 of 2006 concerning irrigation based on the provisions governing the conversion of agricultural land use into nonagricultural land cannot be carried out properly, many of the communities and project managers still ignore the regulations stipulated in applicable procedures, facts in the community that sometimes still underestimate because according to him it is owned land. personal so what to be convoluted in using the land. 375 some of the causes of the non-validity of what is meant in article 44 paragraph (1) of law number 41 of 2009 concerning the protection of sustainable agricultural land are caused by: a. people who do not know the actual process of the conversion of agricultural land use to non-agricultural. b. the community is less responsive if given process directions in accordance with the applicable provisions or procedures. c. there is a basic general opinion from the community, that everything related to land must be resolved through the local regency / city land office. this includes the conversion of agricultural land to non-agricultural use. apart from that there is an inappropriate opinion from the petitioners regarding the actual function of the fatwa on spatial or land use management. the petitioning community considers it sufficient to obtain the fatwa on land use, so that once it is obtained, privately owned agricultural land can be immediately transferred to its use according to the application. and the status of the land is immediately transferred to the person concerned, where in the change of land status the person concerned does not use a permit for changing the status of the land and does not pay attention to technical instructions from the agriculture service, irrigation service and institutions related to the action. things like that cause the laws and regulations relating to article 44 paragraph (1) of law number 41 year 2009 not valid or cannot be implemented and run properly as it should. as a result, the process of changing the function of the use of function change of agricultural land cannot run or be carried out as intended in the prevailing laws and regulations. legal consequences that arise if the change in the function of land use that is included in lp2b (sustainable food agricultural land) is not in accordance with the requirements and procedures stipulated under law number 41 of 2009 concerning protection of sustainable food agricultural land, namely if there are applicants who do not meet government requirements and procedures as stipulated in law number 41 year 2009 will be subject to administrative penalties and fines. the sanctions are as follows: article 50 of law number 41 of 2009 concerning protection of sustainable food agricultural land: 1. all forms of permits that result in the change of function of sustainable food agricultural land are null and void, except for public interests. 2. everyone who changes the function of sustainable food agricultural land outside the provisions is obliged to return the land condition of sustainable food agricultural land to its original state. 3. everyone who owns sustainable food agricultural land can transfer ownership of the land to other parties without changing the function of the land as sustainable food agricultural land. 376 this article confirms that the sustainable food agricultural land cannot be issued in any form of permit, with the evidence of paragraph 1 that all forms of permits regarding the conversion of sustainable food agricultural land are null and void by law. criminal provisions in article 72 of law number 41 year 2009 concerning protection of sustainable food agricultural land states that: 1. individuals who change the function of sustainable food agricultural land shall be punished with imprisonment of 5 (five) years and a maximum fine of rp. 1,000,000,000.00 (one billion rupiah). 2. individuals who do not carry out the obligation to return the condition of sustainable food agricultural land to its original state with a maximum imprisonment of 3 (three) years and a maximum fine of rp. 3,000,000,000.00 (three billion rupiah). 3. in the event that the acts as referred to in paragraph (1) and paragraph (2) are committed by a government official, the penalty shall be added by 1/3 (one third) of the punishment imposed. paragraph (1) in this article regulates criminal sanctions and fines for every person who changes the function of sustainable food agricultural land who violates the provisions in article 44 paragraph (1). paragraph (2) regarding sanctions for each person who does not carry out the obligation to return the sustainable food agricultural land to its original state, then paragraph (3) regarding additional penalties for government officials who violate the provisions of the regulations in paragraph (1) and paragraph (2). the problem of changing the function of sustainable food agricultural land, violators are not only from each land owner, but also violations of land use change are also carried out by government officials so that the violation is regulated in article 73 of law number 41 year 2009 concerning protection of sustainable food agricultural land which states that: " every government official authorized to issue a license to change the function of land for sustainable food agriculture not in accordance with the provisions of the regulations as intended in article 44 yat (1) shall be sentenced to imprisonment of at least 1 (one) year and a maximum of 5 (five) years and / or a fine of at least rp. 1,000,000,000.00.(one billion rupiah). and a maximum fine of rp. 5,000,000,000.00, (five billion rupiah). " in article 50 it is quite clear that the consequences that arise if the process of changing the function of agricultural land is null and void, and returns the land to its original state, except for public interests. as a result of land conversion will also affect in the future, indonesia's economy will still depend on the natural resource sector, in a situation of economic crisis and political uncertainty and also because of the many violations that have occurred in the field of natural resources, the environmental quality will rapidly decline (leni puji lestari, 2018). industrial and residential development certainly requires a very large amount of land, thus increasing the trend of conversion of agricultural land functions (suriansyah murhaini, 2018). 377 apart from the legal consequences arising from the conversion of agricultural land, government policies in the land sector during the new order have had an impact on natural resources, especially on the quality of agricultural land which has been converted into luxurious housing areas, industrial estates, and even into commodities for investment and speculation. for the owners of capital and consequently the land becomes neglected for an indefinite period of time. and until now housing development continues, which has the consequence of the conversion of agricultural land or rice fields into residential land. 4. conclusion factors that encourage the conversion of agricultural land functions need to review the applicable regulations and legal basis to protect and ensure that the process does not occur arbitrarily. the conversion of land for sustainable food agriculture is basically prohibited from being converted. as regulated in article 44 of law number 41 year 2009 concerning protection of sustainable food agricultural land. exceptions that may only be for public interest and some of the conditions are in article 44 paragraph 3, namely: a strategic feasibility study was conducted, a land conversion plan was prepared, released ownership of rights from the owner; and provided replacement land for the converted sustainable food agricultural land. the problem of changing the function of sustainable food agricultural land offenders not only from every land owner but also violations of land use change are also carried out by government officials so that the violation is regulated in article 73 of law number 41 year 2009 concerning protection of sustainable food agricultural land which states that : "every government official authorized to issue a license to change the function of land for sustainable food agriculture which is not in accordance with the provisions of the rules as referred to in article 44 yat (1) shall be subject to imprisonment of at least 1 (one) year and a maximum of 5 (five) years and / or a fine. at least rp. 1,000,000,000.00.(one billion rupiah). and a maximum fine of rp. 5,000,000,000.00, (five billion rupiah). " references herdiansyah, h., nafi, t. h., & febriani, r. (2016). the upgrading of woman capabilities in rural areas to implement social justice. iskandar, a. (2013). controlling for agricultural land conversion district in west java province tasikmalaya. international conference on law, business and governance (icon-lbg), 1. latianingsih, n., mariam, i., & rudatin, c. l. (2019). development of tourism village policy in environment-based empowerment framework in tasikmalaya district. icesc 2019: proceedings of the 1st international conference on engineering, science, and commerce, icesc 2019, 18-19 october 2019, labuan bajo, nusa tenggara timur, indonesia, 247. leni puji lestari. 2018. “kepastian hukum perolehan hak atas tanah pada lahan pertnian pangan berkelanjutan”. tesis. magister hukum universitas narotama. surabaya. 378 peraturan daerah kota tasikmalaya nomor 10 tahun 2016 tentang rencana detail tata ruang dan zonasi kota tasikmalaya tahun 2016-2036. peter mahmud marzuki. (2011). penelitian hukum. jakarta : kencana. suriansyah murhaini. 2018. hukum pertanahan alih fungsi tanah dan fungsi sosial hak atas tanah. laksbang justitia surabaya. yogyakarta. rizal, e., khadijah, u. l. s., & anwar, r. k. (2021). agriculturally based tourism model in a former erupted mountain in tasikmalaya, indonesia. annals of the romanian society for cell biology, 7897–7907. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. risna diani. 2016. “alih fungsi tanah pertanian menjadi non pertanian di kabupaten sidoarjo”. skripsi. fakultas hukum universitas narotama, surabaya. sitepu, r., kamello, t., & lubis, m. y. (2021). the role of notaries in obtaining permits for agricultural land conversion. iop conference series: earth and environmental science, 782(3), 32041. undang – undang dasar negara republik indonesia tahun 1945; ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 217 implementation of children's rights execution in the perspective of civil and islamic law january nasya ayu taduri 1 , * fairus augustina rachmawati 2 , dian latifani 3 1,2,3 faculty of law, universitas negeri semarang email: januari.nasyaayu2000@students.unnes.ac.id * fairusaugustinarachmawati@students.unnes.ac.id dan dianlatif@mail.unnes.ac.id. abstract divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. in indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. however, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of islamic law, the marriage law, the child protection law, and the regulation of the execution process of decisions. in herziene inlandsch reglement (hir). the legal research method used is normative law with a statutory approach or called the statute approach. this paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. the purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts. keywords: execution, child custody, divorce. 1. introduction basically, marriage is one form of events in the realm of civil law that regulates a man and a woman intending to live together for a long time, regulated in-laws and regulations relating to marriage (rudianto & roesli, 2019). (choirunissan, et al. 2019). based on article 1 the act number 1 of 1974 concerning marriage, it has defined that marriage is a bond between a man and a woman to become a married couple to create a happy family and in accordance with the almighty god (the act number 1 of 1974). meanwhile, based on the compilation of islamic law (khi), it explains that marriage is a strong contract or mitssaqan ghalidzan to carry out allah's orders and do it as worship (north sumatra mui 23, october 2019). in this sense, marriage can be recognized as a legal relationship between a man and a woman who meets the requirements of marriage and for the longest possible period of time (baidhowi and dian latifani 2017). indeed, every couple wants to have a happy household, sakinah mawwadah warrahma. but in practice, no household is far from a problem. it is not uncommon for a heated argument between husband and wife to lead to divorce (nisa nur amalia, et al. 2018 ). the severance of the marital http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:januari.nasyaayu2000@students.unnes.ac.id mailto:fairusaugustinarachmawati@students.unnes.ac.id mailto:dianlatif@mail.unnes.ac.id ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 218 relationship between husband and wife does not only affect their property. but it has an impact on the children born in these marriages. as for some of the legal consequences that occur as a result of the breakdown of the engagement from marriage, as follows: 1) child custody, 2) the right to provide a living for ex wife and children, 3) right to share assets, 4) right to pay for education and child election. in certain cases, the parties who want to divorce have arranged all forms of legal consequences, before the divorce process in court occurs (max rheinstein. 1955). however, in court practice, there are many disputes over the implementation of divorce decisions. one of the interesting clauses to be reviewed by the author in this journal is "child custody". in some cases, divorce creates disputes over childcare. the accident occurred because one of the parties did not implement the clause in the divorce decision (retno wulansari. 2015). responding to disputes over child custody due to divorce, the marriage law does not clearly and explicitly explain child custody rights. article 41 of the marriage law only explains that in the event of a dispute related to child control, the court will decide. thus it can be understood that the marriage law does not specifically regulate the child's control over the mother or father (indira inggi a, et al. 2016). meanwhile, article 156 of the compilation of islamic law stipulates that children who are not yet mumayyiz or have the ability to tell good and bad things or who are not yet 12 years old, the custody of their mother will fall. then, article 156 also regulates the person who has the right to replace his mother's position if he dies. if the facts in court reveal that the mother is a drunkard, the verdict on child care in a divorce case at the religious court can be carried out if one of the parties voluntarily wants to implement the decision's contents. in practice, if one party is not willing to implement a decision voluntarily, the decision execution procedure must be carried out. in theory, decisions on child care in divorce cases can be executed. it's just that casuistically it needs to be taken through a psychological and conditional aspect approach as well as being juridically consistent (wildan suyuthi mustofa. 2002). execution of child-rearing in divorce cases is included in executions, which contain very complex problems. this is because, from a procedural point of view, procedures are not specifically regulated in statutory regulations. on the other hand, the object of this execution is a living creature, so that in its implementation, it cannot be enforced by force like an inanimate object. problems in the execution process have the potential to cause obstacles in the execution process. the constraints in question can occur due to several factors, as follow aslaw: a juridical perspective, legal provisions, and from a non-juridical perspective. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 219 so that in this paper, we will discuss the problems in the execution of child custody decisions based on legal arrangements such as the compilation of islamic law, marriage arrangements, hir, the child protection law, and the child convention, to provide solutions related to solving problems in the execution of custody. child. the main problems used in this paper are as follows: a) what are the problems that occur in the execution of child custody cases? b) how the efforts and legal certainty for the completion of the execution of child custody cases? 2. research methods in this paper, the writer uses doctrinal law research or normative law research, wherein this research, it examines the aspects of the problems that exist in a positive law (kornelius benuf & muhammad azhar. 2020). this research method is also often interpreted as a research technique on statutory regulations viewed from the standpoint of a vertical law and horizontal harmonization of legislation. this paper's research is rational theoretical, and the logic form of the reasoning is deductive logic (depri liber sonata. 2014). the author in this research used a qualitative research approach. it is like a ladescriptive and analytical research. this qualitative research also aims to understand a phenomenon described in the form of a word or sentence in a context that utilizes various approaches contained therein. more specifically, this paper uses a statutory legal approach or often referred to as a statute approach. in this case, prof. peter mahmud explained through his book entitled legal research states that a statutory approach is an approach that uses legislation or regulation. besides, this research approach also understands hierarchy and principles in statutory regulations (peter mahmud marzuki. 2005). this research aims to analyze the various obstacles in implementing divorce decisions related to child custody based on related regulations to provide input regarding problems in the execution of child custody. in this paper, the author uses secondary legal data sources consisting of books, scientific journals, official documents, reports, and statutory regulations (soerjono soekanto. 2015). the regulations used in this journal article include marriage law, islamic law compilation, herziene inlandsch reglement (hir), rechtsreglement voor de buitengewesten (rbg), child protection law, and conventions related to children's rights. 3. results and discussion a. arrangements and mechanisms for execution of child custody decisions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 220 literally, execution comes from the word "executie" which means uitvoer leggig van vonnissen or executing the judge's decision. whereas the execution of civil decisions is the implementation of decisions in the civil domain by force based on the prevailing laws and regulations due to the parties' unwillingness to be executed voluntarily to carry out the results of court decisions (dian latifiani. 2015). in this case, yahya harahap in his book entitled "the scope of problems in civil execution" states that executions can be carried out in judges' decisions that have permanent legal force against the losing parties in the trial (m. yahya harahap, 1988). a decision having legal force can still be submitted for the winning party's execution if the losing party makes the decision voluntarily. the execution is carried out by order of the court's head through the bailiff or the clerk. the verdict that can be submitted for execution is the verdict with amar condemnatoir punishing, while the declatoir or constitutive decision cannot be carried out. decisions can be classified as bht, if: a) first level decisions that are not filed for appeal/cassation, b) decisions on appeal that are not filed for cassation, c) cassation decisions from the constitutional court, d) verzet decisions of the first level that are not challenged, e) decisions with peaceful results between parties. all warnings from a legally binding decision must be carried out thoroughly. there are several types of executions: 1) execution punishes the losing party to pay a certain amount of money, 2) execution of a decision punishes a legal subject to fulfill an act, and 3) real execution or a judge's decision to vacate a place. in the context of the execution of a custody decision, the execution is in the form of fulfilling the act by a legal subject. the procedures for the execution of decisions are regulated in herziene inlandsch reglement (hir) articles 195-224 with the following main stages: a) warning, b) issuance of execution order, c) making an execution report (subekti. 1989). child custody rights are regulated in several scopes of different laws and regulations. based on the act number 1 of 1974 concerning marriage, article 45 paragraph 1 stipulates that parents have an obligation to care for and educate their children properly (umar haris sanjaya, 2015). then article 47 explains that it is the obligation of parents to look after children who are under 18 years of age and above or to marry. this will continue as long as the court does not revoke the parental rights. the marriage law does not specifically regulate definitions, benchmarks or requirements related to child custody after divorce. whereas in the islamic law compilation (hereinafter referred to as khi) explaining the custody of children after the break-up of marriage through death or divorce is referred to as hadhanah, which is the obligation of parents to care for children with the following objectives: a) ensuring the availability of clothing, food and shelter for their children, b) educate their children http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 221 for a good life in this world and the hereafter, c) protect children from bad things and harm them (farida prihatini, et al. 2019). based on presidential instruction number 1 of 1991 concerning the dissemination of the compilation of islamic law in articles 98 to 106 explains that the age limit for childcare is until the child can take care of his own life or is 21 years old or has been married, parents have the right to represent the child against all legal actions in court as well as outside courts and religious courts can appoint a candidate for guardian for their child if the parents are unable to carry out their duties. then in article 105 that the maintenance of children resulting from divorce if they are under 12 years of age or not yet normal, but when the children are mummayiz the children can choose who they will stay with and the father bears the maintenance costs (nisa 'nur amalia. op. cit. pp. 37-38). the khi also regulates the requirements for child custody (hadhanah), as follows: a) adult, b) sensible, physically and mentally healthy, c) has the ability to care for children, d) trustworthiness and morals, e) is muslim, f) if the biological mother has the right to care for a child, g) a non-muslim has no rights and is not allowed to be a carer for a child. in determining the imposition of child custody, the judge can pay attention to several other regulations, such as the act number 35 of 2014 concerning amendments to the act number 23 of 2002 concerning child protection regulates that a child is someone who is not or under the age of 18 and the power of custody is the power of parents to provide care, education, fostering, nurturing, protection and developing children according to their religion or belief according to their talents and interests (the republic of indonesia. the act number 35 of 2014) based on article 14 paragraphs (1) and (2) it also states that every child has the right to receive care from his parents but if reasons or legal rules are governing the separation of children and parents is the best way or decision for the child, then it is allowed. this article also states that if a child is separated, there are children's rights that need to be fulfilled, such as: the child still has the right to meet and relate to his parents, to receive care, education, protection, maintenance, living expenses and other rights as children by his parent (ibid, article 14 paragraph (1) and (2). in line with the child protection law, the child convention adheres to 4 main principles, as follow as: 1) non-discrimination, 2) the best interests of the child, 3) the right to live and develop, 4) giving respect to children (nisa nur amalia, op cit p. 39). responding to laws and regulations regarding child protection and child conventions, it can be understood that child custody also emphasizes children's interests. in addition, it can also be interpreted that the regulation of child custody is spread out in several domains of legislation such as marriage law, islamic law compilation, child protection law and child convention. in other words, in deciding http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 222 the child custody clause, the judge can pay attention and consider some of the juridical aspects above and non-juridical aspects, such as psychological, affection or other related aspects. b. barriers to execution of child custody the several obstacles that hinder the execution of child custody decisions are divided into two, as follow as: 1. obstacles to the execution of juridical child custody in carrying out the execution of child care in divorce cases, this creates obstacles in the juridical execution process, several problems that occur in the execution of child custody, such as: a. the regulations regarding the execution of child custody have not been enforced the obstacle that occurs is that the execution of child custody decisions is not because there is no legal rule, but there are no compiled legal rules governing child care execution. also, the regulation regarding the implementation of execution in positive law in indonesia has not been regulated, wherein the execution of child custody in divorce cases that occurs in indonesia has not yet regulated detailed regulations regarding this execution which causes the execution process to be hampered. so that if this execution actually appears in the community, the execution device will experience uncertainty in determining which rules will be used in this paper, the author considers that legal certainty is one of the most important components in carrying out the judicial process. as it is known, indonesia is a country based on law or "rechtsstaat" and not based on power or "machtsstaat" (nunung nugroho. 2017).thus, all public and government actions in carrying out the state's life cannot be separated from the rule of law. in line with this, gustav radbruch classifies the law into three identities: 1) the principle of legal certainty or rechmatigheid, 2) the principle of legal justice or gerectigheit, 3) the principle of legal benefit or zwechmatigheid / doelmatigheid ( sidik sunaryo and shinta ayu purnamawati. 2019). legal certainty is interpreted as a principle that has the highest position in administering the rule of law. also, jan michiel otto emphasized that legal certainty can occur if there are clear, consistent, and easily obtaine (muammar alay idrus. 2017). considering some of these jurists' serious opinions, the writer feels that uncompiled legal rules can cause legal ambiguity so that the law is uncertain. in other words, the lack of clarity in legal rules related to child custody can create doubts in issuing court decisions and trigger obstacles in the execution of these decisions. 2. barriers to implementing non-juridical child custody rights http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 223 in carrying out the execution of child care in divorce cases, it creates obstacles in the nonjuridical execution process, while the obstacles that occur in the execution of non-juridical child custody rights are as follows: a. the execution apparatus is not prepared at the religious courts. after the enacted the act number 7 of 1989, the judicial function's actual implementation is the appointment of a seizure jury and a substitute bailiff. however, in terms of quality, it is still untested. this is because most of the bailiffs and substitute bailiffs still do not understand the procedures for marital confiscation, bail, and execution seizures in the field. in fact, this bailiff and substitute bailiff will carry out the complete execution function, starting from the parties' summoning to the implementation in the field. in terms of quantity bailiffs and substitute confiscators at each religious court. b. the defendant's resistance to execution in a child custody case executing means forcing the executed party to vacate or hand over the object of the dispute to the party requesting execution so that if the executed person remains on the object of the dispute in the sense that he does not want to hand over to the applicant for execution, it can result in postponing the execution (teguh suriyanto. 2015). in the act number 1 of 1974, article 41, both parents are obliged to care for and educate their children, including providing the necessary fees. but in the execution process, the party often responds to the execution and does not want to carry out the execution order's execution. therefore, various attempts were made by the party to be executed, including hiding the child who was the object of execution to filing a legal action (umul khair. 2020). the legal action taken is extraordinary legal action (reconsideration) against the verdict to be executed. the extraordinary legal action taken by the defendant in the execution, in theory, cannot stop the execution. in several cases, both the defendant and the court were waiting for the supreme court's decision. this results in the execution process being delayed. c. the object of execution is human. children are social beings who have dignity and dignity. children also have desires that they want to follow (nelly layaliyal fitri. 2019). according to the convention on the rights of the child (crc), article 3 states that in all actions concerning children, whether carried out by public or private social welfare institutions, courts, administrative authorities or legislative bodies, the child's best interests must come first (jay g. silverman, etc. 2004). article 14 of the act number 23 of 2002 concerning child protection, which reads "every child has the right to be cared for by his own http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 224 parents, unless a valid reason or legal rule is indicating that separation is in the best interest of the child and is the final consideration for divorce (zulfan efendi. 2020). in the execution object, which is a child, it is unique. this is because in the provisions in the execution of civil cases at the district and religious courts, the object of execution is inanimate objects. the object of execution, which is not an inanimate object, certainly creates problems in its implementation. execution of inanimate objects could have been carried out on the party the defendant was executed, but against children, it is not as easy as for inanimate objects. in its implementation, it is necessary to pay attention to the child's psychological factors, so that it does not cause trauma to the child in the future. the examples of cases related to the struggle for child custody are as follows: andre setyawan and nova aryani have married on january 14, 2002, and have been blessed with 3 children. in the beginning, her household was fine, until 2008-2009. there were disputes and fights caused by nova aryani's attitude of not carrying out her obligations as a wife and mother of 3 children. even after coming home from work, andre setyawan had to cook and prepare food for his children. when andre setyawan could not fulfill his wish, nova aryani easily said the word cerai. currently, the three children live with nova aryani at their parents' house. all the needs of these children, from school pick-up, education and private lessons, all who pay attention are andre setyawan and his parents. daily necessities mrs. andre setyawan sent groceries to nova aryani's parent's house. in october 2015, nova aryani expelled andre setyawan. during their separation, the three children lived with nova aryani and their parents, but nova aryani never cared about her three children, she often went out with her friends and often went out at night with the boys. in fact, ibu nova aryani does the cooking for her children. sometimes, the private tutors from her children also help feed the children. in the judge's decision number 3346 / pdt.g / 2016 / pa.sby has decided that child custody (hadhanah) falls to the father. this decision explains that custody of children can also fall to the father as long as the father can fulfill all the requirements as the holder of custody. solution efforts in the implementation of child custody rights based on the obstacles described above in implementing child custody rights in divorce cases, all efforts or solutions are needed to overcome these obstacles, including: 1. a third person (mediator) is needed in the process of implementing child custody rights. because the case that occurs in the execution of child custody of the object being executed is a human, a third party's assistance can be used as a mediator in its settlement and implementation. the head of the court and the execution apparatus must know the actual facts/conditions regarding the case for which execution is requested. this is the basis http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 225 for determining execution steps, so that this execution can be carried out under applicable regulations. 2. improvements in training and coaching specifically for execution devices in government regulation no. 9 of 1975 article 24 paragraph (2), during the ongoing divorce lawsuit at the plaintiff or defendant's request, the court may determine matters necessary to ensure children's care and education (anjar sc nugraheni, et al. 2013). to be able to execute child custody, special training is needed to provide provision and guidance to the execution equipment at the religious courts, so that the bailiff and substitute bailiff can carry out their functions properly in each court. 3. legal discovery efforts made by the judge in making an effort to find a solution because there are no regulations regarding the implementation of child custody rights, the only way to be used is through legal discovery. legal discovery is the process of forming by judges, or other legal officers who are assigned to the application of general law regulations in concrete legal events (achmad arief budiman. 2014). besides, the author also adds that legal uncertainty can be dealt with by conducting national unification or unification of laws (anak agung putu wiwik sugiantari. (2015)., because the regulation of child custody is divided into 3 domains of legislation, such as: marriage law, compilation of islamic law and child protection law. according to the author, this creates legal confusion, leading to legal uncertainty, because the law is not interpreted clearly. in this case, the authors consider that "if there is no unification or unification of the law, it will worsen the existing conditions". in addition, issues related to child custody in public and private courts are in second place after problems with sustaining wives and children. on the other hand, the kpai (indonesian child protection commission) stated that in 2018 there were 4,885 complaints of cases of violations of children's rights. cases of child violations are considered to fluctuate every year. however, the head of kpai (susanto) emphasized that violations of children's rights due to family and alternative care were in second place with 857 (kompas. (january, 1 2019). so, it is necessary to have clearer and more comprehensive laws and regulations related to child custody to minimize violations of children's rights due to divorce. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 226 4. conclusion it can be concluded that divorce has legal consequences for all aspects of the family. not only limited to property, but also children. in some cases, divorce has problems, especially those related to child custody, one of which is the failure of the decision to execute child custody. the custody of children is regulated in several laws and regulations, such as: the marriage law, the compilation of islamic law and the law on child protection. the execution of child custody has not always gone smoothly. as for several obstacles and efforts in implementing child custody rights, it can be concluded that the obstacles to implementing child custody in indonesia are divided into 2 (two). there are juridical and non-juridical. the juridical obstacles are the absence of regulations regarding the execution of child custody and the unpreparedness of the religious courts' execution apparatus. then the problem of a non-juridical nature is the defendant's resistance to the execution in a child custody case and the object of execution is a human. so that efforts that can be made in overcoming problems in implementing child custody can be in the form of the need for a third person (mediator) in the process of implementing child custody rights, improvement in training and special guidance for execution instruments, as well as legal discovery efforts by judges. references a, indira inggi, et al. 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(2002). pemecahan permasalahan acara perdata peradilan agama, ctk. pertama, pt tatanusa, jakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 on insurance claims liability pt jamkrindo junnytte juliana pinca 1 , tutiek retnowati 1 1 faculty of law, narotama university surabaya e-mail: junnytte.ns@gmail.com abstract the purpose of this research is to find out and analyze whether a fictitious credit agreement that has been guarantee d by insurance can make a payment claim and to find out and analyze what is the responsibility of pt jamkrindo for the credit insurance guarantee of pt bank jateng blora branch against the fictitious credit of pt lentera emas raya. the research method used is a normative method based on a case study and literature by collecting legal materials, both primary legal materials and secondary legal materials. the legal materials include books, laws and regulations such as the statute approach and conceptual approach. research results in a fictitious credit agreement that has been guarantee d by insurance to be able to make a payment claim, it does not have to be a payment claim, against the insurance claim submitted by the policy holder of pt bank jateng blora branch as a creditor to pt. lentera emas raya to pt jamkrindo as the guarantor cannot be held responsible due to an unlawful act and has vio lated the terms of the insurance agreement. keywords: bank, business fictitious credit, insurance, pt jamkrindo 1. introduction banking institutions in terms of lending to the public and business entities also have a risk of default by debtors, whether intentional or unintentional, for this reason, the banking law itself has regulated all banking business actors in accordance with article 49 paragraph 1 and 2 concerning a precautionary principle in the context of lending in order to protect against losses incurred by private and state-owned banks or regionally-owned enterprises (keeton, 1956). in order to reduce the risk of large losses, apart from placing the prudential principle, banking institutions also provide a requirement for a credit guarantee or insurance institution that can cover if something happens that can cause losses to the creditor bank, which in this case is explained in article 246 of the indonesian criminal code (wind et al., 2007). the commercial law (hereinafter referred to as kuhd) that: "insurance or coverage is an agreement, by which an insurer binds himself to an insured, by receiving a premium, to compensate him for a loss, damage or loss of expected profit, which may he will suffer because of an unspecified event (murjiyanto & andani, 2020).” referring to the above, a collaboration between banks and insurance emerged which is commonly known as bancassurance. in the general provisions of the circular letter of the financial services authority number 33/ seojk.03/2016 concerning the implementation of risk management in banks conducting marketing cooperation activities with insurance companies (bancassurance) (hereinafter referred to as seojk 33-2016) explains that what is meant by http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 bancassurance is a collaborative activity between banks with insurance companies in order to market insurance products through banks (boyd et al., 1993). the collaboration between these two institutions can provide an advantage for many parties, namely both the bank, the insurance company and the customer itself (wüthrich & merz, 2008). according to trisadini and shomad, the practice of bancassurance activities also cannot avoid various risks, both legal risk and reputation risk, therefore it is necessary to carry out a risk management for banks that carry out marketing cooperation activities with an insurance company (bancassurance). insurance is a risk transfer institution that has a very important meaning for the community, as well as the company. insurance is also a non-bank financial institution, which is engaged in services provided to the public in overcoming risks if they occur at any time (carmichael & pomerleano, 2002). for the public, a person who closes an insurance agreement will feel safe because he gets protection from the possibility of an unexpected or unexpected loss. insurance arrangements in indonesia are regulated in the law of the republic of indonesia no. 40 of 2014 concerning insurance business (insurance law) (no, 40 c.e.). in this study the authors took a case study where the central java bank blora branch in 2019 had distributed business loans to pt lentera emas raya worth 17,500,000,000 seventeen and a half billion and as the guarantor insurance institution was pt jamkrindo jateng where after checking that the proposed project by the debtor by providing a copy of the spmk number: 0257/xii/spmk-rsn/2018 dated december 4, 2018 for the 6-story equivalent soldier housing development project in the south jakarta region as well as the project time schedule document which is a fictitious document because there is no work project at that location (seputra et al., 1991). based on the findings of the central java bank audit team which stated that the project was fictitious, the bareskrim polri conducted an investigation on the basis of police report number: lp/a/0095/ii/2021/bareskrim, dated february 16, 2021; alleged corruption in the distribution of project loans at pt. central java regional development bank blora branch to pt. lantern emas raya with a total ceiling of rp. 17,500,000,000,(seventeen billion five hundred rupiah) ta. 2018 to 2019, as referred to in article 2 paragraph (1) of law number 31 of 1999 concerning eradication of criminal acts of corruption as amended by law number 20 of 2001 concerning amendments to law number 31 of 1999 concerning eradication of criminal acts corruption in conjunction with article 65, jo article 55 paragraph (1) of the 1st criminal code. 2. research method this research uses a normative method based on a case study and literature by collecting legal materials, both primary legal materials and secondary legal materials. the legal materials include books, laws and regulations such as the statute approach and conceptual approach. and the case http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 approach approach where the legislative approach (statute approach) is a type of approach that is carried out by reviewing all laws and regulations in order to answer legal issues 3. results and discussion responsibilities of pt. jamkrindo against credit insurance guarantee pt bank jateng against fictitious credit pt. lentera mas raya bond of cooperation agreement between pt jamkrindo and bank jateng cab. blora, in this legal research using a case study or case study where the author sees and examines the cooperation agreement between perum jamkrindo and pt. bpd jateng concerning guarantee of construction and construction credit and procurement of goods/services number: 150/jamkrindo/op-01/xii/2018, 11866/ht.01/04 krd/2018 signed by perum jaminan credit indonesia represented by amin mas'udi as director of guarantee business in accordance with the decree of the minister of state-owned enterprises with pt. bpd central java was represented by hana wijaya as director of retail business and sharia business unit in semarang on 27 december 2018 and jakarta on 14 december 2018 (parimita et al., 2017). the object of the guarantor is a guarantee for credit that meets the requirements given by pt bank pembangunan daerah blora branch to pt lentera emas raya with the designation of construction loans and procurement of goods/services in accordance with the work order given by the tni headquarters in the construction project of houses and facilities for tni members located in the indonesian army complex in east jakarta and depok, worth rp. 17,500,000,000 (seventeen and a half billion) (dyah, 2020). the agreement also contains guarantee d requirements, namely (khera, 2011). guarantee d as the recipient of the construction credit and the procurement of goods/services are those who have met the following requirements: a. classified as micro, small, medium enterprises or cooperatives (umkm-k) according to the provisions of applicable laws; b. use of credit and/or financing that will be guarantee d for business activities in the territory of the republic of indonesia; c. already have spmk/spk/original contract for a project to be worked on and or the procurement of goods based on the results of direct appointments or through auctions that have been carried out by users of construction services and procurement of goods/services; d. has fulfilled all the requirements for the construction credit and the procurement of goods/services as required by the guarantee recipient; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 e. all business legality documents (among others: business permits in the field of construction services, certificates, classifications and company qualifications) from guarantee d are complete, still valid, free of problems and legally valid; f. do not have bad debts at financial institutions as evidenced by the financial services authority financial information service system (slik ojk) at the time of credit application; g. do not have arrears in claims/transfer of claim rights to the guarantee ; h. has signed an agreement on the transfer of rights to receivables or binding of project invoices (cessie receivables) which contains absolute submission of guarantee d receivables/receipts to the guarantee recipientfor the work financed and notified to the project manager/treasurer. if the guarantee d and the guarantee recipientdo not bind the cessie of receivables and a loss occurs, then the loss that occurs is outside the guarantee of the guarantee party. in the cooperation agreement there are several things that regulate claims if there is a dispute later, article 11 claim rights (tcherneva, 2020) a. claim rights for construction loans and procurement of goods/services pattern by project (per project) arise, if there has been arrears of principal and/or interest and the credit agreement has matured and is no longer extended. b. claim rights for construction credits and goods/services procurement with standby loan, claim rights arise if guarantee d does not fulfill credit obligations to guarantee recipientat the end of the credit repayment deadline per project that has been determined per withdrawal, per project, per guarantee certificate (sp) . article 12 regulates the procedure for submitting a claim. guarantee recipienthas the right to submit a claim submission letter to the guarantee at the latest 3 (three) months after the claim right arises. the claim submission letter (attachment 9) as referred to in number 1 of this article is attached with: a. a copy of the relevant guarantee certificate (sp) and its attachments for credit guarantee s carried out with a conditional automatic cover (cac) mechanism. guarantee is required to first issue a certificate of guarantee (sp); b. the original certificate of guarantee (sp) concerned and its attachments for credit guarantee s carried out with a case by case (cbc) guarantee mechanism; c. minutes of claims containing the calculation of the amount of credit arrears by the guarantee recipientsigned by the guarantee recipientand the guarantee d (attachment 10); http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 d. photocopy of the loan card/account at maturity which is stamped and signed by the authorized official; e. receivable payment schedule for the transfer of billing rights signed by the guarantee and guarantee d; supporting documents, namely: a. conditional automatic cover (cac) must attach the documents as referred to in article 5 (five) paragraph 4 (four) of this agreement; b. case by case (cbc) guarantee . specifically for the guarantee with the standby loan pattern, it is mandatory to attach a monitoring report document that contains a written report regarding the cash flow flow of the loan and can prove the failure per project; c. copy of contract/spk/other similar documents; d. copy of project implementation progress report or last physical inspection report; the guarantee is obliged to inform the guarantee recipient, if the attachments to the submission as referred to in paragraph (2) of this article have not been received completely and correctly; guarantee recipientmust fulfill the lack of attachments as referred to in number 3 of this article within 30 (thirty) days at the latest from the written notification; the guarantee recipientcan submit the amount of the loss (principal arrears + interest + fines) multiplied by the percentage of the amount of guarantee , with a maximum limit of realized credit multiplied by the percentage of the amount of guarantee ; the basis for calculating the amount of credit claimed is stated in the minutes of claims signed by the guarantee and guarantee d recipient. if guarantee d is unable to sign the minutes of claims and schedule for payment of receivables for the transfer of billing rights, the guarantee recipientis obliged to explain the reasons why guarantee d cannot sign the minutes of claims and the schedule for payment of receivables for the transfer of claims. if guarantee d provides additional collateral in the form of cash collateral (margin deposit), the amount of the claim value is a maximum of 100% of the arrears of principal, interest and fines (if any) minus cash collateral. article 13 concerning claim decisions 1. the guarantee shall make a decision on the claim submitted by the guarantee at the latest 15 (fifteen) working days from the time the claim submission file is received completely and correctly by the guarantee . 2. the guarantee may conduct research before making a decision on the claim submitted by the guarantee receiver. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 3. if the claim submission is approved, the guarantee shall submit a letter of approval to the guarantee recipientwhich contains: a. the number of claims submitted by the guarantee ; b. the number of claims to be paid by the guarantor c. the amount of loss borne by the guarantor 4. if the claim submission is rejected, the guarantee submits a claim rejection letter to the guarantee recipientby stating the reasons for the rejection. 5. the guarantee shall pay the amount of the claim approved in the claim approval letter within 15 (fifteen) days from the date of the claim approval letter to the guarantee recipient. 6. if the guarantee is late in completing the claim until the specified time has passed, the guarantee will be subject to administrative sanctions in the form of a written warning/warning letter to the guarantee recipient article 14: transfer of claim rights 1. since the claim is paid by the guarantee , the claim is legally turns into the guarantee 's billing rights to the guarantee d for the amount of the claim paid by the guarantee . 2. declaration letter form (attachment 10.1) is made and signed by guarantee d at the same time as the realization/contract of construction credit and procurement of goods/services between recipient of guarantee and guarantee d. this is to further ensure the fulfillment of the completeness of the claims file and at the same time the realization of the guarantee d collection rights later. 3. after the claim is paid by the guarantee , the guarantee and the guarantee both jointly and individually are still obliged to actively make efforts to collect/withdraw the amount of the loss until it is paid off, for which the guarantee through this agreement gives special power to the guarantee . 4. every receipt of payment from guarantee d received by guarantee receiver is directly entered into the appointed guarantee . 5. if the effort to collect the guarantee 's collection rights as referred to in paragraph (4) of this article has been carried out optimally, but guarantee d has not paid off all the debts, then the guarantee and/or guarantee recipientwill take legal action in the context of the said collection and/or disburse the credit ( if there). 6. the proceeds of collection and/or disbursement of collateral are used to pay off the guarantee 's billing rights and if there is still an excess, it will be returned to friends. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 7. upon receipt of the guarantee 's claim rights within a period of more than 6 (six) months from the date of payment, the guarantee recipientis given a collecting fee of 5 0/6 (five percent) of the total receipt of the guarantee 's claim rights (including vat 10 0/0). 8. the guarantee shall pay the collecting fee to the guarantee recipientwithin 5 (five) days at the latest from the time the guarantee receives the request for collecting fee payment in writing from the guarantee recipient. 9. the results of the collection of the guarantee 's claim rights as referred to in paragraph (6) must be paid no later than 1 (one) month after the payment is received by the guarantee recipientand if it is not implemented, an administrative sanction will be imposed in the form of a written warning/warning letter from the guarantee . article 15 : loss of claim right the right to submit a claim automatically becomes invalid if: a. the credit agreement along with the deed of amendment and/or the accompanying addendum is canceled by the court; b. guarantee recipientdoes not fulfill one or more of the terms and conditions both contained in this agreement and the certificate of guarantee (sp); c. guarantee recipientdoes not submit a claim to the guarantee within 3 (three) months from the date the claim rights arise; d. guarantee recipientdoes not complete the claim submission file until the time limit agreed in article 12 number 2 of the agreement; e. the guarantee returns, transfers and/or withdraws the collateral (if any) without first informing the guarantee ; f. the existence of a court decision which has permanent legal force to decide that there is a criminal/civil act that harms the guarantee which is carried out by the guarantee recipienthimself, or jointly between the guarantee recipientand the guarantee d or there is sufficient data showing conditions detrimental to the guarantee , whether carried out by the guarantee recipientalone or jointly. the same as temamin; g. guarantee recipientand/or guarantee d proven to provide false information, data, or documents; h. guarantee recipientand/or temamin proven to hide information, data, or documents that are not in accordance with the provisions of the guarantee ; i. it is proven that there is bad faith from the guarantee receiver and/or temamin. article 16 : unsecured losses the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 guarantee is not required to pay compensation or claims in the event that the loss is caused by: a. nuclear reactions, radioactive touch, radiation of atomic nuclear reactions that directly result in the guarantee d failure to repay the credit regardless of how and where it occurs; b. the occurrence of war (whether declared or not) or part of indonesia's territory (in a guarantee d area) is declared in a state of danger or in a state of war emergency; c. the occurrence of riots related to political movements that directly resulted in the failure of guarantee d to pay off its credits; d. the occurrence of natural disasters resulting in direct losses to terjaì•vmx1; e. documents related to credit/financing and the business being financed are not valid; f. the existence of an evil conspiracy carried out by the parties involved in this agreement as evidenced by the existence of a court decision that has permanent legal force (inkracht); g. the existence of provisions/policies of the government of the republic of indonesia which causes guarantee d's business to be halted, resulting in losses; h. payment of the term has been made by bouwheer through the guarantee d account at the guarantee recipient, but is partially or completely disbursed by guarantee d for funding other projects without fulfilling the conditions agreed upon between the guarantee recipientand guarantee d; i. bouwheer is unable to make project payments, either in part or in full due to unavailability of funding sources; j. there are additional work that is not supported by the addendum spk or similar documents which at least contain additional work, additional work value, completion time and related sources of payment; k. negligence or error made by the guarantee receiver; l. construction work and/or procurement of goods/services listed in the contract are not contained in the budget items of the apbn/apbd, bumn/bumd or other documents that are equated with dipa/dipda; l. guarantee recipientdoes not report and apply for credit guarantee for the guarantee d credit extension/supplement/restructuring; m. there is no progress report on project work performance carried out by guarantee d from the project owner. unlawful acts http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 in the agreement, a cooperation agreement was made between perum jamkrindo and pt. bpd jateng concerning guarantee s for construction and construction loans and the procurement of goods/services: 150/jamkrindo/op-01/xii number /2018 11866/ht.01/04 krd/201 and from the findings of the criminal investigation unit of the police there are unlawful acts from several parties who intentionally and violate the law with the intent to gain personal gain. errors and negligence of banks and debtors in the case study of this research, it can be explained that several unlawful acts were made by related parties in terms of applying for credit, teguh kristiono as director of pt. golden lantern raya and bank jateng blora branch who violated banking regulations and there was a state loss. as for the unlawful acts committed by creditors and debtors who in this case make a binding agreement to a third party pt. jamkrindo are: 1. deviations from the relevant laws and regulations in granting project credit to pt lentera emas raya at pt bank pembangunan daerah jateng blora branch in 2018 to 2019 are as follows: a. credit application even though there is no work project, br. teguh kristiono allegedly used the letter of agreement (loa) document signed by br. teguh kristiono and br. lt. col. dindin kamaludin as well as a copy of the work start order (spmk) for the work on the construction of the 6-storey equivalent soldier housing tower in kalibata and depok, as the basis for applying for project credit to bank jateng blora branch. in the spmk, it was as if pt lentera emas raya (br. teguh kristiono as director) was appointed as the executor of the work. in applying for a loan for the kalibata project of rp. 10,000,000,000.00, mr. teguh kristiono provided the required documents, including a copy of the spmk number 0257/xii/spmk-rsn/2018 dated december 4, 2018 even though it was still in november 2018. as for the depok project credit application, it was rp. 7,500,000,000.00 in january 2019, mr. teguh kristiono provided the required documents, including a copy of the spmk number 007/i/spmk-rsn/2019 dated january 16, 2019. until before the credit disbursement, the credit application was not accompanied by an original work order (spk)/spmk/work contract, trading business license (siup) and company registration certificate (tdp) which are still valid, as well as a standing instruction containing the approval of the project commitment making officer that the payment is made through the checking account of pt. lantern emas raya at bank jateng blora branch. b. verification, analysis, approval, signing of credit agreements, and loan disbursement http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 1. the credit analyst team did not perform an authentication test on the copy of the spmk received by the bank jateng blora branch to the logistics assistant at the army headquarters-logistics staff listed in the copy of the spmk. the army headquarters logistics assistant through letter number b/3489/ix/2021 dated september 10, 2021 stated that the two spmks never existed and were never issued by the indonesian army. according to mr. dian aditya pradana and ms. riza bebasari, the authentication test on the project in kalibata was not carried out due to the prohibition from mr. teguh kristiono at the meeting in bandung. mr. dian aditya pradana also stated that there was a similar prohibition from br. teguh kristiono for the project authentication test in depok. 2. the credit analyst team also did not verify whether the work carried out by the debtor was real, both the type of work and the budget during on the spot (ots) at the project site. according to mr. dian aditya pradana, ms. riza bebasari, and br. nugroho luhur purwinanto who did the ots, no verification was carried out on the existence of the work at the project site because of the prohibition from br. teguh kristiono/br. lt. col. dindin kamaludin at a meeting in bandung. ots at the kalibata project site was only carried out from inside the car and ots at the depok project was only in the form of a meeting with br. teguh kristiono and br. lt. col. dindin kamaludin on vacant land. 3. analysis of project credit applications from pt. lentera emas raya was still carried out even though the document/information requirements were incomplete and did not match the reality and the proposed project credit facility was subsequently approved by br. rudatin pamungkas as pincab blora. when conducting the analysis, the analyst team has not received the original spk/spmk/work contract, valid siup and tdp, as well as the standing instructions that have been approved by the project commitment making officer stating that the payment is through the checking account of bank jateng blora branch and pt. golden lantern. the credit analysis memorandum (mak) does not include data on bad credit br. teguh kristiono as director of pt. lentera emas raya and stated that a visit to the decision making officer at tni ad headquarters and site verification to confirm the existence of the project had been carried out despite the fact that it was not implemented. the project credit facility proposal from the analyst team was subsequently approved by br. rudatin pamungkas as pincab blora. 4. pincab blora signs the deed of credit agreement without the presence of all collateral owners, and approves credit disbursement on the same date as the deed of credit http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 agreement even though bank jateng blora branch has not received the original spk/spmk/work contract, the original certificate of ownership (shm) for additional collateral, as well as a standing instruction that has been approved by the project commitment making officer stating that the final payment is through the checking account of bank jateng blora branch and pt. golden lantern. 5. pinca blora and deputy head of bank jateng branch (pinca) blora approved the withdrawal of credit funds from the account of pt. lentera emas raya without project authentication/verification and ots on the project. the insured's dishonesty in stating or giving information about the facts about the object being insured to the insurer can cause the cancellation of an insurance. this is related to article 251 of the commercial code, which reads: "all false or untrue notices, or all concealment of circumstances that are known to the insured, even though they are carried out in good faith, of such a nature that the agreement cannot be concluded. , or it is not held on the same terms, if the insurer knows the true condition of all of these things, the insurance is void.” furthermore, it can be explained based on article 1365 of the civil code that all unlawful acts, which bring harm to others, oblige the person who caused the loss because of his mistake to compensate for the loss. meanwhile, if it is seen from the article that an act can be said to be against the law, then the act must meet certain elements. against the law itself was previously defined as an act that is contrary to the things that have been regulated in the law or written law only. however, today or more precisely since 1919, there is a decision of the dutch supreme court in the arrest cohen-lindenbaum case (hr january 31, 1919), the notion of being against the law is not only limited to written laws or laws, but also unwritten laws. . thus, an unlawful act is defined as an act that is contrary to the following matters: 1. violating the law, this means that the act committed clearly violates the applicable law; 2. violating the subjective rights of others, this means that the actions taken have violated the rights of others which are guarantee d by law (including but not limited to personal rights, freedoms, material rights, honor, good name, or other individual rights ); 3. contrary to the legal obligations of the perpetrator, in this case are legal obligations both written and unwritten, including public law; 4. contrary to decency, this means moral rules (which have been regulated in article 1335 in conjunction with article 1337 of the civil code); 5. contrary to the element of prudence that should be in society. in this case, it is based on unwritten law (so it is relative). that is an act that is done against a good or proper attitude in society to pay attention to the interests of others. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 an act is said to contain an element of error, if the act is done because of an error due to intentional or negligence. errors caused by self-intention means that the error was made with the awareness of a normal person and knows that the consequences of his actions will cause harm to others. meanwhile, an error caused by negligence means that there is an act of ignoring something that should be done, or not being careful and thorough in something that causes harm to others. the thing that can invalidate the element of guilt from an act is if the mistake is made because of a forced situation (overmacht) or the perpetrator has an unhealthy soul (crazy). the element of causality or the relationship between the loss and the act itself means that there is a causal relationship between the act committed and the loss incurred and if the perpetrator does not commit the act, the loss will never exist. for an act to be said to be against the law, the act must contain an element of loss. this means that due to the actions of the perpetrator, a loss arises. the losses referred to in this case are divided into two, namely material and immaterial losses. what is meant by material loss in an act against the law itself, is only loss, namely loss due to damage/loss of goods and/or property belonging to one party caused by the actions of the other party, this is in accordance with the definition stipulated in article 1246 of the law. civil law. meanwhile, immaterial losses in this case are losses incurred by the unlawful act which cannot be measured with certainty, for example fear, disappointment, regret, illness, etc. which in practice will be assessed in the form of money, so that its fulfillment will be determined by the judge. meanwhile, the provision of compensation according to the civil code is as follows: 1. compensation for all unlawful acts (article 1365); 2. compensation for actions committed by other people (article 1367), which in article 1367 paragraph (1) says that a person is not only responsible for losses caused by his own actions, but also for losses caused by the actions of those who become his dependents or caused by goods that are under his control (vicarious liability); 3. compensation for animal owners (article 1368); 4. compensation for the owner of the collapsed building (article 1369); 5. compensation for the family left behind by the person killed (article 1370); 6. replacement due to injuries or limb defects (article 1371); 7. compensation for insulting acts (article 1372). if an act has fulfilled these four elements, then the act is an act against the law. often, people cannot distinguish whether an act that causes harm to others is an act against the law or a breach of contract. however, in reality the two are very different. the thing that makes the determining point of an act a default or an act against the law fulfilling the previous four elements is whether or not there was an agreement between one party and another before the act http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 was committed. if prior to the action there was an agreement, then the act is a breach of contract. acts against the law are carried out without an agreement that regulates the act beforehand. today, the procurement of insurance has become a common routine. for someone who has a job with a fairly high risk of loss, the procurement of insurance is very profitable. however, this then raises the possibility of new problems, namely the occurrence of unlawful acts in insurance. acts against the law in insurance often occur, if the emergence of a third party. often, a third party causes a loss to the insured, this then results in the insured party submitting an insurance claim according to the policy to the insurer. after all claims are fulfilled by the insurer, the insured's right of subrogation will automatically be transferred to the insurer. the right of subrogation which is transferred to the insurer gives the insurer the right to collect compensation that has been caused to a third party that has caused a loss to the insured, and the compensation must be fulfilled, all of which are adjusted according to article 1365 of the civil code. however, in practice, it is often found that third parties do not fulfill the compensation. this then results in the third party having fulfilled the elements that make the act an unlawful act. where this then gives rise to the right for the insurer to then sue the third party who caused the loss, in order to fulfill the compensation. in accordance with the example of pt asuransi jamkrindo as the credit guarantor of pt bank jateng blora branch for the construction business loan of pt lentera emas raya, in this case it was found that there was a legal defect in the loan application where the proposed project related to the loan was a fictitious project and then this problem an investigation has been carried out by the national police headquarters with a police report, while pt bank jateng blora branch requested a claim from the insurance party but this was ignored due to an unlawful act committed by the debtor by falsifying project documents in the credit application requirements. the insurance party's liability against the insured's claims as the insurance policy holder for the insurer's claims in general, is the party who accepts the transfer of risk where by receiving a premium, promises to compensate for the loss or pay an agreed amount of money, if an unexpected event occurs, which results in loss for the insured. insurance agreements involving the insured and the insurer, in certain implementations have limitations between what must be fulfilled and carried out by each i'tikad, if so the insured and the insurer have obligations and responsibilities in the insurance agreement, especially if there is a claim submission made. by the insured to the insurer related to the things agreed in the insurance policy in the event of an uncertain event. insurance liability for those caused by the insured's fault http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 in the provisions contained in law no. 2 of 1992 concerning insurance business which was promulgated on february 11, 1992, it also provides a definition of insurance or coverage which is described here more broadly and completely than article 246 of the book the commercial law act above, which is an agreement between two or more parties, by which the insurer binds himself to the insured, by receiving insurance premiums, to provide compensation to the insured due to loss, damage or loss of expected profits or legal liability to the insured. third parties that may be suffered by the insured, arising from an uncertain event, or providing a payment based on the death or life of an insured person (rahmayani, 2018). in an insurance agreement, basically there are several parties involved in the agreement, namely the insurer and the insured, while each party has rights and obligations in carrying out the agreement. rights and obligations that bind the insurer and the insured. the insurer is the party to whom the risk should be borne by the insured because he suffers a loss due to an unspecified event. for the procedures and procedures for imposing administrative sanctions for the insurance company itself, it is carried out in stages, starting with administrative sanctions in the form of a written warning. the imposition of administrative sanctions in the form of a written warning is carried out at most 3 (three) times in a row for each violation. the period of application of administrative sanctions in the form of a written warning for each insurance company is no later than 30 (thirty) days after the implementation of the administrative sanctions (salvasani & kholil, 2020). the insurance company will be subject to administrative sanctions in the form of restrictions on business activities if the insurance company is unable to overcome the violation which is the cause of the issuance of the last written warning sanction up to a predetermined period of time. this limitation of business activities can be for part or all of business activities. if with the imposition of sanctions on limiting business activities for all business activities but the insurance company is still unable to overcome the existing violations, then the heaviest sanction will be imposed, namely the revocation of the business license of the insurance company. this rule is in accordance with article 6 of pojk number 17/pojk.05/2017 concerning procedures and procedures for imposing administrative sanctions in the insurance sector and blocking assets of insurance companies, sharia insurance companies, insurance companies, and sharia reinsurance companies (salvasani & kholil, 2020). crimes in insurance can also be committed by the insured. many insureds follow the insurance for profit alone, even this is used as a job to earn a living, and many hospitals or doctors simply order a patient to be hospitalized even though the patient's illness is a mild disease and not severe. that do not require the patient to be treated. this is what provides opportunities for naughty insureds to seek benefits in insurance. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 ojk as a financial supervisory agency in indonesia also asks every insurance company to sue every suspicious rogue insured and it is suspected that his insurance claim contains elements that are not in accordance with the facts and/or cannot be verified, for example being prosecuted under article 378 of the criminal code concerning fraud (santi et al., 2017). references boyd, j. h., graham, s. l., & hewitt, r. s. (1993). bank holding company mergers with nonbank financial firms: effects on the risk of failure. journal of banking & finance, 17(1), 43–63. carmichael, j., & pomerleano, m. (2002). the development and regulation of non-bank financial institutions. world bank publications. dyah, h. n. (2020). pengaruh earning per share (eps) dan price earning ratio (per) terhadap harga saham syariah (studi kasus perusahaan yang terdaftar di jii tahun 2014-2018). iain purwokerto. keeton, r. e. (1956). preferential settlement of liability--insurance claims. harv. l. rev., 70, 27. khera, r. (2011). the battle for employment guarantee. murjiyanto, r., & andani, d. (2020). obligation of establishment registration of a partnership business entity based on commercial law code after the enactment of the minister of law and human rights regulation of the number 17 year 2018. the 2nd international conference of law, government and social justice (icolgas 2020), 473–482. no, r. i. l. (40 c.e.). of 2014 concerning insurance. implementation science, 39(1), 1–15. parimita, w., pambudi, w. s., & aminah, h. (2017). the impact of career development and workload toward employee job satisfaction at pt askrindo jakarta. jrmsi-jurnal riset manajemen sains indonesia, 8(1), 39–57. rahmayani, n. (2018). tinjauan hukum perlindungan konsumen terkait pengawasan perusahaan berbasis financial technology di indonesia. pagaruyuang law journal, 2(1), 24–41. salvasani, a., & kholil, m. (2020). penanganan terhadap financial technology peer-to-peer lending ilegal melalui otoritas jasa keuangan (studi pada ojk jakarta pusat). jurnal privat law, 8(2), 252–259. santi, e., budiharto, b., & saptono, h. (2017). pengawasan otoritas jasa keuangan terhadap financial technology (peraturan otoritas jasa keuangan nomor 77/pojk. 01/2016). diponegoro law journal, 6(3), 1–20. seputra, r. y. a., azhari, a., & islam, m. d. a. (1991). risk analysis and efficiency islamic banking: evidence in indonesia. tcherneva, p. r. (2020). the case for a job guarantee. john wiley & sons. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 wind, j., cremers, j. e. l., van berge henegouwen, m. i., gouma, d. j., jansen, f.-w., & bemelman, w. a. (2007). medical liability insurance claims on entry-related complications in laparoscopy. surgical endoscopy, 21(11), 2094–2099. wüthrich, m. v, & merz, m. (2008). stochastic claims reserving methods in insurance (vol. 435). john wiley & sons. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 210 issn print 2086-6852 and issn online 2598-5892 application of the principle of good faith in selling disputes of selling buying using pre project selling moh. saleh, rochmad bayu setyo waluyo faculty of law narotama university surabaya e-mail: rochmadbayu11@gmail.com article history: received: june 22, 2022; accepted: agustus 25, 2022 abstract selling and buying land is a legal act that gives birth to rights and obligations for sellers and buyers. in carrying out the sale and purchase of land, it is mandatory to be guided by the legal provisions regarding the legal procedures to be followed, and must prioritize the principle of good faith in the bargaining stage up to the payment and sale and purchase agreement. in practice, lawsuits are often found on the attitude of one party that does not reflect the principle of good faith in buying and selling, of course this is against the rule of law and can be detrimental to other parties. this research is expected to be a means for legal scholars to understand the context of the land sale and purchase agreement. this research method used a normative juridical method with a conceptual approach, legislation and a case approach. the conclusion of this study is that in making an agreement, it is necessary to pay attention to fulfilling the elements of article 1230 bw in the form of a valid condition of an agreement, as well as prioritizing the principle of good faith as the basis for making a land sale and purchase agreement, it should be done before the ppat, if the land has not been certified, it can be done before the village head. . the process of buying and selling land in accordance with procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law. keywords: good faith, buying and selling, land 1. introduction along with the development of an increasingly modern era, a place to live is not only a house unit. current residences can be in the form of housing complexes, up to flat units. where currently there are apartment units that are equipped with good and elite facilities, which are often known as apartments (putra, 2019). apartments and housing are basic human needs that are closely related to land and buildings. along with population growth in indonesia, the need for housing will increase and more land is needed. fulfilling the need for houses and apartments has made many companies (developers) develop their businesses. in other words, nowadays it is often used as a job opportunity called the property world. the property business is always associated with business land for people who want to carry out investment business activities (saputri et al., 2019). however, the developer must also pay attention to the very tight level of competition to demand that developers always try to improve competitiveness through many aspects that can be offered to the public. one of them is through marketing activities (dewi, 2020). marketing is an activity that is always carried out for developers of company parties to carry out promotional activities where one of them is designing prices and distributing goods that are considered to be able to satisfy desires and achieve company goals. good marketing can affect consumer interest coupled with the physical form in the form of how the concepts are offered such http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 211 issn print 2086-6852 and issn online 2598-5892 as building design, space layout, quality of building materials used, land area and building area, views offered, accessibility, and facilities, strategic location, small down payment costs to low annual installments (saraswita, 2019). that way people are easily attracted to take one unit offered from the company. as currently, people are no stranger to offering pre-project selling or selling property buildings. where in the offer, if the buyer agrees to the product being offered, an agreement has been reached in which an agreement will arise between the buyer and the property company, with the things that have been agreed upon (fahirah, 2011). in the agreement the buyer is promised things that make the buyer interested, the things promised by the company are very interesting, so that people are very interested in having a decent dwelling and filled with the required facilities. such as the building will be finished in a short time, complete and adequate facilities, and other things that are more attractive to buyers to buy the property. however, things that are promised by the property company sometimes do not end up as expected. currently, apartment development actors often use pre-project selling sales strategies through the media and face-to-face to attract consumers' attention, but they often still cause problems (roesli et al., 2017). as for the obstacles that occurred in the construction so that the promised things could not be fulfilled by the property company. if the property company cannot fulfill the promise, the property company has defaulted, namely where the first party, namely the property company, does not fulfill its promise to the second party, namely the buyer, therefore this can lead to disputes, which are often dispute resolutions are always carried out. according to indonesian law or positive law. but actually it can also be resolved in a familial way by prioritizing good faith, if both parties agree to resolve the dispute without entering the judicial process. based on the description of the background above, in the thesis entitled application of the principle of good faith in settlement of sale and purchase disputes using pre project selling, the problems to be studied are as follows: 1. what are the characteristics of good faith based on indonesian law? 2. what is the meaning and function of the principle of good faith in the settlement of buying and selling disputes using pre project selling? 2. research methods this research is a normative research, which means that this research examines the side of the legislation itself, not examining social phenomena due to existing legislation. the approach method used in this research is the statutory approach. this approach is used because the discussion in this study will refer to the act. legal materials used in this paper, among others, can be divided into primary legal materials and secondary legal materials. primary legal materials are http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 212 issn print 2086-6852 and issn online 2598-5892 materials in the form of laws and regulations that regulate and relate to the problems discussed in this study. while secondary legal materials are legal materials used to clarify primary legal materials. the primary legal materials used in this study are: 1. the 1945 constitution of the republic of indonesia; 2. burgerlijk wetboek 3. law no.20 of 2011 concerning flats (state gazette of the republic of indonesia of 2011 number 108, supplement to the state gazette of the republic of indonesia number 5252) secondary legal materials secondary legal materials are obtained from literature, scientific texts, especially on the principle of good faith and pre project selling, legal writings in the form of articles and books, journals and papers, as well as legal research to find out actual legal issues, which the author considers to be still closely related to the subject matter of this research. legal material collection methods. there are several ways to obtain data that is carried out in this paper, including primary legal materials being collected, inventoried, and interpreted, to be further categorized systematically and then analyzed in order to answer the existing problems. secondary legal materials are used to support primary legal materials. from the collection of legal materials, processing and analysis are carried out, and the results are presented in an argumentative manner. analysis of legal materials the analysis used by the author is deductive analysis, this analysis is based on norms, legal principles and values that have been recognized, then interpreted in a separate legal system to be associated with the problems in this research. 3. results and discussion characteristics of good faith based on the law in indonesia the principle of good faith can be concluded from article 1338 paragraph (3) bw. article 1338 paragraph (3) bw reads that the agreement must be carried out in good faith. the principle of good faith is the principle that the parties, namely the creditor and debtor, must carry out the substance of the contract based on firm trust or confidence or good will from the parties. the principle of good faith is divided into two types, namely relative good faith and absolute good faith. in relative good faith, people pay attention to the real attitude and behavior of the subject. in absolute faith, the judgment lies in common sense and fairness, an objective measure is made to assess the situation (impartial assessment) according to objective norms (salim, 2021). civil law originally came from the romans, which was around 50 bc during the reign of julius caesar in power in western europe, which since then roman law has been enforced in france, although mixed with the original law that existed before the romans controlled galis (france). this situation continued until the reign of louis xv, namely with the beginning of efforts http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 213 issn print 2086-6852 and issn online 2598-5892 towards legal unity which later resulted in a codification which was named "code civil des francais" on march 21, 1804 which was later re-enacted in 1807 as "code napoleon" (hariyanto , 2009). good faith means that both parties must treat each other without deceit, without trickery, without disturbing the other party, not only looking at their own interests, but also the interests of the other party. the netherlands regulates good faith in article 1374 paragraph (3) of th e dutch bw (version 1838) which states that the agreement must be carried out in good faith. therefore, the judge's decision from case to case which becomes jurisprudence is very much needed by the community as a guide in which direction the understanding of the principle of good faith has developed in accordance with the community's sense of justice. according to (wéry et al., 2003), the meaning of implementation in good faith (uitvoering te goeder trouw) in article 1374 paragraph (3) above is still the same as the meaning of bona fides in roman law several centuries ago (khairandy, 2015), freedom contracting and pacta sunt servanda versus good faith: attitudes courts should take: 2016). this agreement strongly adheres to using good faith as a settlement that ends in justice, the insurance agreement is determined as an agreement based on "utmost good faith" or perfect honesty, meaning that the insured in negotiating with the insurance company (the insurer), before signing the agreement, has an obligation to reveal all material facts (chumaida, 2014). in the realm of law, it is also known that there is good faith which is also often used as an alternative to resolve disputes. so it needs to be studied again whether good faith can also be said as a principle. so it is necessary to understand in depth how the existence of good faith in indonesia and the principle of good faith can be used in what time. if good faith is considered to be able to solve a problem, then good faith can be said to be the principle on which to think or act, and a medium to seek justice. in general, the values of justice must be a reflection of the characteristic life attitude of the indonesian nation as stated in pancasila and the 45 constitution, namely based on proportional values, balance values, propriety values, good faith, and protection. human values are based on the second principle of pancasila, namely just and civilized humanity. thus, all parties respect and protect each other in realizing common goals. however, in the making and implementation of the agreement, it often does not go well, even causes conflict, it does not reflect justice for the parties, especially in standard agreements. this is certainly contrary to the purpose of making the agreement. this kind of thing requires legal means to solve it. the existence of law is very necessary to be respected and the principles of law are upheld. given the principles in the law serves as the protection of the interests of the community. expectations to obey the law in practice should go well.33 good faith as a principle, (good faith principle), is a fundamental principle in the world of covenants. good faith is well known for principles such as http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 214 issn print 2086-6852 and issn online 2598-5892 honesty, loyalty, and fulfillment of obligations and responsibilities. this is a very basic principle in roman law that humans must always have good faith in an agreement, where good faith remains the main basis used for all kinds or things in the agreement. the existence of legal principles in the rule of law is more accurately analogous to the existence of the "brain" in the human body. legal principles also have a very vital function for the rule of law, namely the center of the legal system of thought that regulates emotions (legal spirit) and the pulse of law (legal responsibility), as well as coordinating the flow and flow of law, so that the need to maintain a balance in the rule of law is responsive to needs. good faith is referred to as "honestly" or "honestly". furthermore, r. wirjono prodjodikoro explained that there are two kinds of good faith, namely: 38 1. good faith at the time a legal relationship comes into force, which is usually in the form of a person's thoughts or assumptions that the conditions for starting a legal relationship have been fulfilled. the law provides protection to those who have good intentions, while those who do not have good intentions (te kwader trouw) must be responsible and bear the risk; 2. good faith at the time of the implementation of the rights and obligations in the legal relationship, as regulated in article 1338 (3) bw, which is objective and dynamic in nature following the situation surrounding the legal action and the emphasis is on the actions to be taken by the two parties. parties, namely the action as the implementation of a thing. the nature and principle of good faith as described above, it can be understood that this principle can also be used as an important matter in dispute resolution, whether in terms of an agreement or not. considering that as a principle, from the point of view of positive law, these principles are interpreted as applying juridical objectives in answering legal issues related to conflict resolution. this opinion indicates that the legal principles in their application, both theoretical and practical, require explanations, explanations related to the function of legal principles in line with their usefulness. usually in practice, dispute resolution is mostly done through alternative dispute resolution institutions (negotiation, mediation, conciliation, and other methods chosen by the parties in accordance with the applicable law), because the procedure is single, non-bureaucratic, fast, and low-cost, based on deliberation for benefits, and certainty that can be accepted by all parties to the dispute. in this case, the role of good faith is very much needed, with good faith to solve the problem, then the two parties do not need to enter into the judicial process which requires expensive fees. however, even though the dispute eventually enters the realm of the judiciary, the principle of good faith must still be used and upheld, as evidence that the parties are cooperative in solving problems and seeking justice as best as possible according to existing rules. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 215 issn print 2086-6852 and issn online 2598-5892 meaning and function of the principle of good faith in settlement of selling disputes using pre project selling in civil procedural law, civil disputes can be broadly divided into two types, namely default or breach of contract and unlawful acts (pmh). here default is explained from the source of the occurrence of an engagement arising out of an agreement where when the parties have promised and fulfilled their rights and obligations, if one of the parties violates these rights or obligations, it can be said that one of the parties breaks a promise or defaults on achievements that are not fulfilled by one of the parties. one party, and this is according to the terms of the validity of the agreement article 1320-1337 bw, where the final result of this default is the implementation of achievements or compensation (roesli et al., 2017). unlawful acts are legal obligations, or violate the subjective rights of others, or violate decency or violate propriety, thoroughness, and prudence, and in this pmh there is no need for a warning or warning in the form of a subpoena. once there is a loss due to pmh, the right to claim compensation immediately arises and the final result of this pmh is restoration to its original state or compensation (salim, 2021). default is the implementation of obligations that are not fulfilled or broken promises or negligence carried out by the debtor either because he does not carry out what has been agreed or even does something that according to the agreement should not be done. this default is stated in article 1320-1327 bw. there are also explained that there are four kinds of defaults, namely: · permanent engagement, in which the creditor can still sue the debtor for the performance of the performance, if he is late in fulfilling the achievement. in addition, creditors have the right to claim compensation due to delays in carrying out their achievements. this is because the creditor will benefit if the debtor performs the performance on time. · the debtor must pay compensation to the creditor (article 1234 bw) · the risk burden is transferred to the debtor's loss, if the obstacle arises after the debtor defaults, unless there is an intentional or major mistake on the part of the creditor. therefore, the debtor is not justified in adhering to coercive circumstances. if the engagement is born from a reciprocal agreement, the creditor can absolve himself of his obligation to provide a counter-achievement by using article 1266 bw. there are three categories of unlawful acts, which are as follows: · intentional unlawful acts' · unlawful acts (without intentional or negligent elements ) · unlawful acts due to negligence. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 216 issn print 2086-6852 and issn online 2598-5892 problems or conflicts related to legal relations individual or private, often the matter is brought to court, it will always take a long time and the cost is very expensive and the results cannot be expected or confirmed even though one of the disputing parties has brought strong evidence. the court and its decision already have permanent or definite force, the decision may not necessarily be implemented immediately considering that there is a possibility for a review of the decision and there is resistance from the executed party. alternatively without going through the judicial system where there are ways of negotiation, mediation, conciliation and arbitration, with these four ways it can be taken with the litigants which is the fastest way to resolve the dispute by deliberation and of course based on good faith by both parties or more case in it. the four ways or mechanisms by using alternative solutions. if one of the parties does not want to settle the case in an amicable way, it is necessary to have an alternative route that is carried out and with the help of mediators to refer so that the problem does not go to court, where the alternative path consists of negotiation, mediation, conciliation, and arbitration, with the following explanation negotiation in everyday language we often hear the word negotiation in general with the term "negotiating" or "consulting", in general negotiation can be interpreted as an effort to resolve the dispute of the parties without going through a judicial process, in which there is a process: 1. the process of bargaining by negotiating to give or take in order to reach an agreement. 2. peaceful settlement of disputes through negotiations between the disputing parties, where negotiations involve two or more parties, the parties must require the involvement of each other, each party must assume that it is possible to persuade the other party. mediation is intervention in a dispute or negotiation by an acceptable, impartial and neutral third party who does not have the authority to make decisions in assisting the disputing parties in an effort to reach a voluntary agreement in resolving the disputed issues. conciliation is an attempt to resolve a dispute by submitting it to a commission of persons tasked with expounding the facts and usually after hearing the parties and seeking peace. arbitration according to law no. 30 of 1999, where arbitration is a way of settling a civil case outside a general court based on an arbitration agreement made in writing by the disputing parties, in some senses there are similarities in which this arbitration will be decided by a third party or with several people. referee. pre project selling is a sales system before the project is built where the property being sold is just an image or concept. this marketing concept is indeed very profitable for developers because it relatively helps the developer's funds/money turnover. the current state of the market is also certain so that the element of speculation becomes smaller. the buying and selling system using pre project selling is in great demand today, where the offer will be upgraded every year by http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 217 issn print 2086-6852 and issn online 2598-5892 following business developments (geumala et al., 2018). here the developer will offer a very tempting offer for the creditor, basically this pre project selling system will make it easier for creditors to make payments and property rights that will become the property of creditors (yudhantaka, 2017). there are several keywords in the purchase of pre project selling, namely: a. check the legality of the project, such as a certificate or deed of sale and purchase of land, a permit to designate the use of land, a building permit, and others; b. the house for own dwelling must be in a location that most supports activities; c. the price offered by the pre-project selling property must be cheaper than the finished house; d. try to make sure you get a home or apartment loan before paying the down payment; e. calculate the method of completing the project on a regular basis or installments; f. pay attention to the points of the binding sale and purchase agreement, do not let the articles only benefit the developer. in this case, by using pre project selling, of course, it must be observed in detail how the agreement made by the developer is not only the developer who benefits but the consumer or the debtor. 4. conclusions whereas the preliminary agreement used in the process of buying and selling a house or apartment is carried out to fulfill the principle of legal certainty for the act of buying and selling, in general, the developer first sells the floor plan of the prospective housing unit to the consumer. in practice, consumers give a nup sign in the form of payment of a predetermined and agreed amount of funds. in the process of implementing the agreement implementation process, the developer is required to fulfill his obligations in the form of carrying out development according to the agreed time. in practice, there is often abuse of pre project selling by way of delaying the implementation of development or not doing development which results in disputes between developers and buyers. to avoid a prolonged dispute, the developer must have good intentions to resolve the issue, so as not to proceed to another legal process. suggestions 1. it is mandatory to check the legality of the land and the housing/unit permit before making a purchase, so as not to be deceived by irresponsible developers. checking the land can be done through a means of checking the local land office and the copyright office to see the rtrw of the land http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 218 issn print 2086-6852 and issn online 2598-5892 2. that a buyer with good intentions must be protected by law, if he feels aggrieved by the developer's actions that commit fraud, he can report it to the party who authorities as a means of requesting legal protection. the government should appeal to the public regarding the modus operandi that developers often commit in the form of fraud to buyers of housing units or apartments. references chumaida, zv (2014). principles of good faith in fair insurance agreements. pt. revka petra media. dewi, dap (2020). the urgency of the principle of good faith in the settlement of buying and selling disputes using pre project selling. wijaya kusuma surabaya university. fahirah, f. (2011). identification of residential property valuation variables based on the perception of residents of housing. smartek, 9(4). hariyanto, e. (2009). burgerlijk wetboek (traveling the history of law enforcement in indonesia). al-ihkam: journal of law & social institutions, 4(1), 140–152. geumala, m., supriharjo, r., ariastita, p. g., & ali, m. (2018). new city development concept in sukodono sidoarjo. ukarst, 2(1). khairandy, r. (2015). freedom of contract. pacta sunt servanda versus good faith: the attitude courts should take …. putra, fmk (2019). the urgency of limitation or control of the principle of freedom of contract in pre project selling events. perspective, 24(1), 30–36. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. jurisdiction: journal of law and science discourse, 10(2), 46–59. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. salim, hs (2021). contract law: theories and techniques of drafting contracts. graphic ray. saputri, em, waspiah, w., & arifin, r. (2019). legal protection against consumers in the case of apartment developers declared bankrupt. journal of business law bonum commune, 2(2), 151. saraswita, da (2019). sale and purchase binding agreement in pre project selling practice. journal of legal and judicial media, 5(2), 223–229. wéry, j., aarab, h., lefrant, s., faulques, e., mulazzi, e., & perego, r. (2003). photo excitations http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 219 issn print 2086-6852 and issn online 2598-5892 in composites of poly (para phenylene vinylene) and single-walled carbon nanotubes. physical review b, 67(11), 115202. yudhantaka, l. (2017). the validity of the contract of sale and purchase of flats with a pre project selling system. yuridika, 32(1), 84–104. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 171 issn print 2086-6852 and issn online 2598-5892 office as implementing complete systematic land registration acceleration in order to realize fitri hariadi, priambodo adi wibowo, ebit rudianto faculty of law, merdeka university surabaya e-mail: fitrihariadi1979@gmail.com article history: received: may 12, 2022; accepted: june 20, 2022 abstract the purpose of this study is to determine the role of the land office in the acceleration implementation programcomplete systematic land registration (ptsl). the research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. the results of the regulation of the minister of agrarian and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration article 1 number 2 regarding the meaning of ptsl, namely land registration activities for the first time which are carried out simultaneously for all land registration objects throughout the territory of the republic of indonesia. indonesia in one village/kelurahan or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several objects of land registration for the purposes of its registration. regulation of the minister of atr/head of bpn number 6 of 2018 article 2 point 2 states that ptsl aims to provide legal certainty and legal protection of community land rights based on simple, fast, smooth, safe, fair, equitable and open and accountable principles, so as to improve the welfare and prosperity of the community and the state economy, as well as reducing and preventing land disputes and conflicts. the sidoarjo regency land office as the executor of ptsl acceleration for the sidoarjo regency has made efforts to increase public interest in registering their land, given the complex stages of land registration implementation, and various obstacles in its implementation, but this does not become a barrier for the sidoarjo regency land office in achieving the target, which can be seen from the achievement of the targets that have been achieved. keywords: land, ptsl, law, sidoarjo 1. introduction the term agrarian comes from the word akker (dutch), agros (greek) means agricultural land, agger (latin) means land or a plot of land, agrarius (latin) means cultivation, rice fields, agriculture, agrarian (english) means land for agriculture (flynn, 2008).the close relationship between indonesian people and land in the style of daily life, so that land as a natural resource for human life has an important role in meeting human needs from any aspect, whether social, political or cultural. this makes the role of land in meeting various needs increase, thereby increasing the need for legal certainty in the land sector which is written, complete and clear, and implemented consistently (nuryanto, 2021). to be able to guarantee legal certainty and legitimacy from the state, every control and use of land, including in the handling of problems, must be based on law and be resolved legally (juridical-technical) and still based on the constitutional basis as regulated in the context of the greatest prosperity. the people, including carrying out land registration throughout indonesia in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 172 issn print 2086-6852 and issn online 2598-5892 order to guarantee legal certainty (hartanti, 2019). providing guarantees of legal certainty over land rights for the people as a whole is one of the main objectives of the basic agrarian law which is non-negotiable, so the act instructs the government to hold land registrations throughout indonesia which are recht cadastral, meaning that aims to ensure legal certainty and certainty of rights (nuryanto & ma’ruf, 2020). experts say that land registration is intended both for the certainty of one's rights, the avoidance of a border dispute and also for the determination of a tax. in a broader context, land registration is in addition to providing information about a plot of land, both its use, utilization and information about what the land should be used for, as well as information about what capabilities it contains and also information about the building itself, the price of the land (roesli et al., 2017). the building and its land as well as the tax imposed on the building land. article 19 of the uupa is one manifestation of the purpose of land registration which mandates that the government conducts land registration for the entire territory of the republic of indonesia and that the certificate of land rights is strong evidence of a control or ownership of land (herdarezki et al., 2021). the purpose of land registration as stated in article 3 letter a of government regulation number 24 of 1997 concerning land registration is the main purpose of land registration as mandated by article 19 of the bal. with the implementation of land registration, it is also intended to create an information center regarding land parcels so that interested parties, including the government, can easily obtain the data needed to carry out legal actions regarding registered land parcels and apartment units. the proper implementation of land registration is the basis and embodiment of orderly administration in the land sector (juliandi & muda, 2018). however, in reality the implementation of land registration has not been in accordance with what is expected, there are still many obstacles in the implementation of land registration due to lack of tools, personnel, and even costs that are too burdensome to the time and process that is so long. another factor is that people who do not understand and do not even have knowledge about how to register land, how to obtain a certificate, which causes the possibility of carrying out this land registration in a short time, has not been able to provide satisfactory results (kosasih & darmayanti, 2020). in order to realize the expected results, the national land agency (bpn) also introduced the complete systematic land registration (ptsl) program which is a series of activities carried out by the government continuously, continuously and regularly, including collection, processing, bookkeeping, and presentation and maintenance (wibowo & nurdasila, n.d.). physical data and juridical data, in the form of maps and lists, regarding land parcels and apartment units, including the provision of proof of rights for land parcels that already have rights, and ownership rights to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 173 issn print 2086-6852 and issn online 2598-5892 flat units and other rights. certain burdens. ptsl is carried out simultaneously covering all land registration objects that have not been registered through village per village, district per district and city per city. so that the community has the opportunity to have legal guarantees for their land through a complete systematic registration process(hartanti, 2019) . the complete system land registration (ptsl) program which is being intensified by the national land agency [bpn] is expected to be able to encourage the movement and economic progress of the lower classes. this is because certificates owned by the public can become valuable items that they can pledge to banks and financial institutions (nuryanto & ma’ruf, 2020). the ptsl program, in addition to being able to move the community's economy, is also expected to minimize land conflicts that often occur so far. because, with this program all land parcels will be registered and mapped neatly. 2. research methods in this paper, the author uses a normative juridical, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by theories and legal principles related to the problems studied. thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. 3. results and discussion of the role of the land office in implementing the acceleration of complete systemic land registration [ptsl] in sidoarjo district position and structure of the land office definitively, according to firmansyah arifin, state apparatus are institutions established to carry out functions country. state institutions are sometimes referred to as government agencies, state institutions only or non-departmental government. some are formed based on or because they are empowered by the constitution, some are formed and get their power from the law, and some are even formed only based on a presidential decree (roesli et al., 2019). the hierarchy or rank of position depends of course on the degree of regulation according to the applicable legislation.bpn is an institution under the ministry of agrarian affairs and spatial planning/bpn. the ministry of agrarian affairs and spatial planning/bpn of the republic of indonesia is the ministry that has the task of carrying out affairs in the agrarian/land and spatial planning sector within the government to assist the president in administering the state government (syah et al., 2020). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 174 issn print 2086-6852 and issn online 2598-5892 the national land policy formulated in article 33 paragraph (3) of the 1945 constitution is based on the concept that all land is the land of the indonesian nation as a gift from god almighty, whose control is assigned to the state to be used for the greatest prosperity of the people. the right to control by the state which is essentially formulated in article 22 of the loga provides the authority to regulate and determine various aspects of land tenure which from the beginning by their nature have always been considered the task of the central government. these arrangements and stipulations which include planning for land use, control and legal actions regarding land as well as land registration, implementation of legal provisions are basically always carried out by the central government itself. even if there is a delegation of authority in its implementation, the delegation is carried out in the context of deconcentration to central government officials in the regions or to regional governments in the context of medebewind, not regional autonomy. thus, regions will and do have to pay attention to the interests and aspirations of their diverse communities, but national harmony will still be guaranteed. for this reason, a statutory provision is needed that clearly regulates what powers are in the central government and what powers are delegated to local governments. from the content contained in the 1945 constitution, tap mpr number ix/2001 concerning agrarian reform and management of natural resources, law number 5 of 1960 concerning basic agrarian regulations, law number 32 of 2004 concerning regional government, government regulations number 38 of 2007 concerning the division of government affairs between the government, provincial governments, and regency/city regional governments, the authority from the center includes laws, policies, guidelines regarding the granting of land rights, registration, land reform, in the form of laws, regulations government and presidential decisions. meanwhile, the authority of the regional government is sufficient for public services and the implementation of policies that can be stated in the form of regional regulations and regional head decisions. the existence of the national land agency which has duties and obligations in the land sector is emphasized in presidential regulation number 20 of 2015 concerning the national land agency which states that the task of bpn is to carry out government duties in the land sector in accordance with the provisions of the legislation. the duties of the bpn are contained in article 3 which reads: in carrying out the duties as referred to in article 2, bpn carries out the functions of: a. formulating and determining policies in the land sector; b. formulation and implementation of policies in the field of survey, measurement, and mapping; c. formulation and implementation of policies in the field of stipulating land rights, land registration, and community empowerment; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 175 issn print 2086-6852 and issn online 2598-5892 d. formulation and implementation of policies in the field of regulation, arrangement and control of land policies; e. formulation and implementation of policies in the field of land acquisition; f. formulation and implementation of policies in the field of control and handling of land disputes and cases; g. supervision of the implementation of tasks within the bpn environment; h. implementation coordination task and provision of administrative support to all organizational units within bpn; i. implementation of data management of information on sustainable food agricultural land and information in the land sector; j. implementation of research and development in the land sector; and k. implementation of human resource development in the land sector. to support the performance of bpn, supporting elements are needed in the form of regional offices and land offices. this is regulated in chapter iii regarding regional offices and land offices in article 7, namely: paragraph 1: to carry out the duties and functions of bpn in the regions, bpn regional offices are formed in the provinces and land offices in districts/cities. paragraph 2: the land office as referred to in paragraph (1) may be established more than 1 (one) land office in each district/city. paragraph 3: the duties, functions, organizational structure, and working procedures of the bpn regional office and the land office are determined by the head after obtaining approval from the minister who administers government affairs in the field of state apparatus. the definition of regional office and land office is contained in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 38 of 2016 concerning the organization and work procedure of the regional office of the national land agency and land office, part one concerning the position, duties and functions, namely article 1 paragraph 1 which reads: "regional office of the national land agency, hereinafter referred to as the regional office is a vertical agency of the ministry of agrarian affairs and spatial planning/national land agency in the province which is under and responsible to the minister of agrarian affairs and spatial planning/head of the national land agency. national land. paragraph 2 states that the regional office is led by a head. the regional office has the task of carrying out some of the duties and functions of the national land agency in the province concerned. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 176 issn print 2086-6852 and issn online 2598-5892 the tasks referred to in article 3 are: in carrying out the tasks as referred to in article 2, the regional office carries out the following functions: a. coordinating, fostering, and implementing the preparation of plans, programs and budgets for regional offices and land offices in their territories; b. coordinating, fostering, and implementing surveys, measurements and mapping, determination of land rights, land registration and community empowerment, land management, land acquisition, land control and handling of disputes and cases; c. coordinating the completion of the follow-up to the findings of the supervision; d. monitoring, evaluating, and reporting on the implementation of land activities at the regional office and the land office; and e. providing administrative support to all organizational units of the regional office and coordinating tasks and administrative development at the land office. while the definition of the land office is contained in article 29 paragraphs 1 and 2 which reads: (1) the land office is a vertical agency of the ministry of agrarian affairs and spatial planning/national land agency in districts/cities which is under and responsible to the minister of agrarian affairs and spatial planning/ head of the national land agency through the head of the regional office of the national land agency. (2)the land office is headed by a head. so based on the explanation of this regulation, the land office is the executor of some of the duties and functions of the national land agency in the regency/city concerned, in other words, structurally its position is under the regional office. in carrying out the tasks as referred to in article 30, the land office carries out the following functions: a. preparation of plans, programs, budgets and reporting; b. conducting surveys, measurements and mapping; c. implementation of the determination of land rights, land registration and community empowerment; d. implementation of land management; e. implementation of land acquisition; f. implementation of land control and handling of land disputes and cases; and g. implementation of providing administrative support to all organizational units of the land office. the organizational structure is contained in article 32, namely: the land office consists of: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 177 issn print 2086-6852 and issn online 2598-5892 a. administration subdivision; b. land infrastructure section; c. land law relations section; d. land management section; e. land procurement section; and f. section for handling land issues and controlling. 2. ptsl procedures regarding the stages of implementing the ptsl program are contained in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration, chapter iii concerning implementation of complete systematic land registration article 4 paragraph 4 which reads: " the implementation of ptsl activities is carried out in the following stages: a. planning; b. location determination; c. preparation; d. establishment and stipulation of ptsl adjudication committee and task force; e. counseling; f. physical data collection and juridical data collection; g. juridical data research for proof of rights; h. announcement of physical data and juridical data and their ratification; i. confirmation of conversion, recognition of rights and granting of rights; j. bookkeeping rights; k. issuance of certificates of land rights; l. documentation and submission of activity results; and reporting it is often asked about the costs incurred by the community for the ptsl program, whether fully borne by the government or only partially. and after doing research at the sidoarjo regency land office, the answer i got was that the costs in the ptsl program are not completely free, but are mostly borne by the government, and the rest is borne by the individual community itself. the following is a summary of costs in the ptsl program: complete systematic land registration fee a. free counseling data collection (place of rights) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 178 issn print 2086-6852 and issn online 2598-5892 land plane measurement soil inspection issuance of sk rights / legalization of juridical and physical data certificate issuance supervision and reporting this fee is completely free, meaning that it is charged by the government b. pay provision of land certificates (for those who don't have one yet) boundary sign making and installation land and building rights acquisition fee (bphtb), if affected and others (stamp, photocopy, letter c, witness, etc.). this fee is paid by the participant. so the costs charged to participants/community are only a small part in the form of personal costs, while the rest are mostly costs borne by the government. and based on the results of the research i did, the local government which is authorized to make a policy in implementing the acceleration of land registration also has a policy regarding taxes imposed on participants/community, namely by deducting 75% of tax costs, so participants/community are only charged with tax. by 25%. this has become an impetus for the community to participate in land registration, because in terms of costs, the government is greatly assisted and reduced. then to prepare for the implementation of the ptsl activity itself, the head of the land office prepares: a. facilities and infrastructure for the implementation of ptsl activities; b. human resources; c. transportation needs; d. coordination with other government officials; and e. budget allocation. in the context of registering all parcels of land in the territory of the unitary state of the republic of indonesia (nkri) as mandated by article 19 of law number 5 of 1960 concerning basic regulations on agrarian principles, the government has launched a program to accelerate land registration through complete systematic land registration until 2025. for the implementation of these activities, on february 13 2018, president joko widodo (jokowi) has signed presidential instruction (inpres) number 2 of 2018 concerning acceleration of complete systematic land registration in all territories of the republic of indonesia. the inpres is addressed to: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 179 issn print 2086-6852 and issn online 2598-5892 1. the minister of agrarian affairs and spatial planning/head of the national land agency; 2. minister of environment and forestry; 3. minister of public works and public housing (pupr); 4. minister of home affairs (mendagri); 5. minister of state-owned enterprises (bumn); 6. minister of finance; 7. minister of villages, development of disadvantaged regions, and transmigration; 8. the chief of police of the republic of indonesia; 9. attorney general of the republic of indonesia; 10. head of government goods and services procurement policy institute; 11. head of the national institute of aeronautics and space; 12. head of the geospatial information agency; 13. governors; and 14. regents/mayors. the president instructs the minister of agrarian affairs/head of bpn to make regulations and take steps to accelerate the completion of complete systematic land registration in the process of proving ownership and/or control over land; make/prepare/revise regulations governing the period of announcement of physical data and juridical data to accelerate the completion of complete systematic land registration; submit the output of the complete systematic land registration to the one map policy acceleration team in order to strengthen the one map policy database; and conduct evaluation and monitoring, and subsequently report on the implementation of this presidential instruction periodically to the president of the republic of indonesia. this is contained in presidential instruction number 2 of 2018 the second part states: the minister of agrarian affairs and spatial planning/head of the national land agency to: 1. organize land registration activities systematically complete by producing outputs with 3 (three) criteria, namely as follows : 1) cluster 1 (one) is a parcel of land that meets the requirements for issuance of a certificate; 2) cluster 2 (two), namely plots of land that are only recorded in the land book because they do not meet the requirements to issue certificates because the land parcels are in a state of dispute or litigation in court; 3) cluster 3 (three), namely land parcels that are only registered in the land register because they do not meet the requirements for certificate issuance because the subject or object does not meet the requirements to be granted land rights in the complete systematic land registration activity or its whereabouts are unknown. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 180 issn print 2086-6852 and issn online 2598-5892 2. make regulations and take steps to accelerate the completion of complete systematic land registration in the process of proving ownership and/or control over land; 3. prepare/prepare/revise regulations governing the period of announcement of physical data and juridical data to accelerate the completion of complete systematic land registration 4. submit the output of complete systematic land registration to the one map policy acceleration team in order to strengthen the database of policy one map. 5.evaluate and monitor and subsequently report on the implementation of this presidential instruction periodically to the president of the republic of indonesia. 3. benefits of ptsl for the community the lack of legal certainty over land often triggers disputes and disputes over land in various regions in indonesia. apart from within the community, both between families, land disputes often occur between stakeholders (entrepreneurs, government, & state-owned enterprises). this proves the importance of land certificates as a legal proof of the land owned. the existence of a complete systematic land registration (ptsl) program organized by the central government, through the national land agency (bpn) in each district/city, of course, was immediately welcomed by the community, especially in sidoarjo regency. certificate management, because officers go directly to the field. the community can certify all land and buildings that are privately owned. so that it will provide legal certainty, especially where this program is carried out on a large scale and also free of charge, which means the costs are subsidized by the government so as to ease the burden of costs which are usually one of the reasons or problems in the community in carrying out land registration. in interviews with the community that i did while at the sidoarjo land office where the community was busy taking care of completing the certificate of land rights through the ptsl program, they said that with this program, we especially the community really support and welcome this program. because indeed the benefits are very many, and it really helps people who basically do not understand and do not understand so that there is a lack of interest in carrying out land registration, because there are opinions in the community about the process of making land rights certificates which is very time consuming and expensive. so that with this program, people who may not have had a certificate so far, can take advantage of this program. this is the benefit obtained from the ptsl (complete systematic land registration) program, including the community having legal proof of land ownership, avoiding land conflicts/disputes, and making community assets that can be used as bank guarantees for business capital. with the receipt of this certificate, the person concerned has been declared legally owning http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 181 issn print 2086-6852 and issn online 2598-5892 the land. with the ownership of this land certificate, it is hoped that it can guarantee legal certainty for community land assets and have an impact on improving community welfare. so with this program, we hope that people who have not made certificates for their houses or privately owned land can immediately certify them, while this program is still available and the costs are very much missed by the government. with this certificate, nationally it will give birth to a land computerized system that is integrated with the geo-computerized land office (kkp), so that national land mapping can easily be connected via the internet. 4. barriers and efforts in the implementation of ptsl the slow process of making land certificates has been the main concern of the government. to overcome these problems, the government through the ministry of agrarian spatial planning/national land agency has launched a national priority program in the form of accelerating complete systematic land registration (ptsl). the ptsl method is an innovation by the government through the ministry of atr/bpn to meet the basic needs of the community: clothing, food, and housing. the program is stated in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency no. 6 of 2018 concerning acceleration of complete systematic land registration and presidential instruction no. 2 of 2018 concerning acceleration of complete systematic land registration in all territories of the republic of indonesia. ptsl, which is popularly known as land certificate, is a form of implementation of the government's obligation to guarantee legal certainty and protection for community land ownership. in addition, later on, people who have received land certificates can use the certificate as financial inclusion or capital for business assistance that is empowered and successful, in order to improve their welfare. but of course, in its implementation, various obstacles were found, both from the community and the government. after conducting interviews with people who are implementing ptsl, the obstacles that the people of sidoarjo regency complain about are coming from the sub-district or village head, in the form of the lack of transparency of the sub-district or village head in the area in implementing this program, giving rise to various opinions and very contrary to the information that has been received. to the public through the land office apparatus. another obstacle or obstacle that generally occurs is the lack of information about ptsl. this is an obstacle for the community to participate in the ptsl program. and based on my research on the sidoarjo land office, namely through interviews with mrs. masniari situmorang, sh, m.kn, namely as the head of the land procurement section as the land research team and mrs. rosdiana gultom, sh, as the administrative section, stated that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 182 issn print 2086-6852 and issn online 2598-5892 from a government perspective the obstacles were in the form of lack of information about ptsl by the community so that there is a lack of interest and care for the community to register land, this often happens, for example, when the government in charge immediately goes to the field but the community doesn't really care about it, such as the unwillingness of the land owner to carry out a series of activities in land registration, the absence of the owner the original land, or people's concerns about the taxes that must be paid when the certificate has been issued and will become a burden for them, this is because the value of land tax in sidoarjo regency is already high so that when it is calculated bphtb (bea acquisition of land rights and land rights) the building) is still high, so for people who can't afford this, this will still be an obstacle for them when registering their land. things like this are the obstacles for the government in implementing ptsl. the conclusion is that the cause of this is the lack of public care about the importance of certificates to ensure legal certainty over the land, and the enormous benefits of having a land certificate. then the old paradigm is still strong, namely where certificate management is often complained about because of the length of time it takes, the amount of costs that must be borne, and the government's lack of partisanship with the community. therefore, various efforts have been made by the government to make the complete systematic land registration (ptsl) program a success, such efforts as holding socialization to the community through government officials to the camat and lurah levels, so that later public awareness will emerge to take advantage of this ptsl program. so that the number of people who have land ownership certificates increases, then by going down directly to the field according to the ptsl location that has been determined accompanied by the local village head to make it easier for the government to know the state or condition of the land at that location, as a form of government concern for the community in obtaining certificates, and remove the paradigm that has been in society regarding the government, that the government is serious about this program. kemudian upaya lainnya yaitu kantor pertanahan kabupaten sidoarjo mengadakan potongan pajak ptsl sebanyak 75% sehingga masyarakat hanya perlu membayar 25% saja. and regarding bphtb which for some people have not been able to pay for it, the government has regulated it, namely in the permen atr/head of bpn in article 33, namely: (1) in the event that the recipient of the certificate of land rights is not or has not been able to pay the bphtb and/or there is still income tax arrears by other parties on the land concerned can still be issued a land rights certificate. (2) in the event that the ptsl participant does not or has not been able to pay the bphtb, the person concerned must make a statement of the outstanding bphtb. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 183 issn print 2086-6852 and issn online 2598-5892 regarding the role and efforts of the government to improve land registration, namely formulating a strategy for accelerating the implementation of juridical data collection in ptsl in 2018, integrating physical data collection and juridical data in the implementation of ptsl in 2018, monitoring and evaluating the achievement of ptsl targets, equating perceptions in implementing regulations and applicable regulations related to ptsl, improve coordination in order to resolve obstacles and problems that occur in the implementation of ptsl, disseminate new regulations and provisions related to ptsl, and provide information if there are innovations in ptsl services. this is further strengthened by the existence of activities to accelerate efficiency and effectiveness in carrying out ptsl activities in permen atr/head of bpn number 6 of 2018, article 6 paragraphs 1,2,3, namely: (1) in the context of efficiency and effectiveness in implementing ptsl activities, gradually: a. the head of the land office determines the location of the ptsl target distribution which is concentrated in several villages/kelurahan and/or sub-districts; and b. the head of the bpn regional office determines the location of the ptsl target distribution which is concentrated in several districts/cities in one province. (2) the head of the bpn regional office may mobilize/assign employees from the bpn regional office and from the land office to other land offices by taking into account and considering the availability of human resources within the land office and bpn regional office. (3) the assignment of the employee as referred to in paragraph (2), who is seconded to implement ptsl at the designated land office is made in the form of a decision as contained in attachment i which is an integral part of this ministerial regulation. the efforts made by the government as a form of support and seriousness of the government towards the community are expected to relieve the community so that it is also hoped that the desire and awareness of the community to register their lands in order to achieve the targets set by the central government for the sidoarjo regency land office. because to achieve this target, support from both sides is needed, not only the community or the government, but the two elements must work together and support each other to make the ptsl program a success. 4. conclusion regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration article 1 number 2 regarding the meaning of ptsl, namely land registration activities for the first time which are carried out simultaneously for all land registration objects http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 184 issn print 2086-6852 and issn online 2598-5892 throughout the territory of the republic of indonesia in one area of the village/kelurahan or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several objects of land registration for the purposes of its registration. regulation of the minister of atr/head of bpn number 6 of 2018 article 2 point 2 states that ptsl aims to provide legal certainty and legal protection of community land rights based on simple, fast, smooth, safe, fair, equitable and open and accountable principles, so as to improve welfare and prosperity of the community and the state economy, as well as reducing and preventing land disputes and conflicts. the sidoarjo regency land office as the executor of ptsl acceleration for the sidoarjo regency area has made efforts to increase public interest in registering their land, considering the complex stages of land registration implementation stages, and various obstacles in its implementation, but this does not become a barrier for the sidoarjo regency land office in achieving the target. , which is seen from the achievement of the targets that have been achieved. references flynn, c. p. (2008). social creatures: a human and animal studies reader. lantern books. hartanti, d. d. n. (2019). development of the law of complete systematic land registration (ptsl) and effect of conduct valuesof land based on dignify justice in the district of kendal, central java. legal reconstruction in indonesia based on human right. herdarezki, n. m., handayani, i. g. a. k. r., & karjoko, l. (2021). implementation of complete systematic land registration regulation in order to achieve legal certainty in indonesia. aloha international journal of multidisciplinary advancement (aijmu), 3(1), 15–22. juliandi, a., & muda, i. (2018). political paradigm of complete systematic land registration law to actualize economic growth compliance in batam city, indonesia. journal of arts and humanities, 7(10), 13–29. kosasih, j. i., & darmayanti, l. p. (2020). complete systematic land registration on communal land for investment. nuryanto, n. (2021). dynamics community complete systematic land registration. the 2nd international conference and call paper, 1(1). nuryanto, n., & ma’ruf, u. (2020). dynamics of the community in the implementation of complete systematic land registration program in the land office of blora regency. jurnal daulat hukum, 3(1), 163–170. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 185 issn print 2086-6852 and issn online 2598-5892 roesli, m., lestari, s. e., prasetyo, k. d., & mahrus, y. i. p. (2019). consumer protection laws for bank customers. syah, s., imbaruddin, a., sailan, m., & gani, h. a. (2020). strategies for improving the quality of public services at the ministry of agrarian affairs and the national land agency of north luwu regency. journal of asian multicultural research for social sciences study, 1(2), 6– 17. wibowo, s. e., & nurdasila, t. r. i. p. (n.d.). determinants of work motivation and its implications on employee performance at land agency (bpn) aceh. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 155 issn print 2086-6852 and issn online 2598-5892 authority of the notary honorary assembly in construction and issuance of recommendations for inspector calls moh. saleh, dyah chandra kirana* faculty of law narotama university surabaya, indonesia *e-mail: dyahcandrk@gmail.com article history: received: april 01, 2022; accepted: may 15, 2022 abstract notaries are public officials appointed by the government to assist the public in making authentic deeds for civil acts. a position held by a notary has the characteristics that have been regulated in the law on the position of a notary and its amendments. notaries are not necessarily immune from the law, it may be possible for him to become a suspect if he fulfills elements and can be prosecuted civilly if he makes a mistake. in the event that the investigator will conduct an investigation of the notary, he will first apply for permission in writing to the regional honorary assembly, which will then be carried out with procedural law procedures in accordance with the law on notary positions. it has been found a case of state administrative law relating to the issuance of a letter of recommendation issued by the honorary assembly of the notary area to be investigated in this legal research. the purpose of this legal research is none other than as a means of increasing knowledge in the field of state administrative law and notary science which is expected to be useful for notaries and legal practitioners. this research is normative legal research using a conceptual approach, legislation and a case approach (referring to a decision that has permanent legal force). the results of this study are: in the framework of the function of supervising the position of a notary, an honorary assembly was formed consisting of elements of the notary, government, and academics. the authority of the honorary assembly is the attribution authority which is an authority born from law. the main task of the notary honorary council is to carry out the guidance of a notary and the obligation to give approval or rejection for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the notary deed or protocol that is in the notary's storage. the legal product issued by the honorary council is in the form of a letter of recommendation containing the rejection or approval of the summons of a notary for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the deed or notary protocol which is in the notary's custody. the legal product is an act of determination that gives birth to a state administrative decision in accordance with the regulations and the aupb. that the honorary assembly did not immediately give permission for summons, but first a meeting was held with the notary concerned to hear his statement. keywords: notary, notary honorary council, investigator 1. introduction the word profession comes from the word profession (english) which has a meaning of being able or expert in a form of work. (suprihatiningrum jamil, professional teacher: 2014). that the profession can be defined as a job or position that requires expertise obtained from certain education and training supported by a scientific discipline not just common sense, there is a code of ethics that guides the behavior of members along with strict sanctions against violators of the professional code of ethics itself. for example, legal professions in indonesia such as lawyers or notaries/ppat. the legal profession is an honorable profession because it has a code of ethics for http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:dyahcandrk@gmail.com ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 156 issn print 2086-6852 and issn online 2598-5892 everyone who carries it, basic ethical values namely honesty, independence, being neutral, honest, and so on. (abdulkadir muhammad, ethics of the legal profession: 2001). the notary profession has existed since the dutch east indies which was regulated by regulations in the colonial era, currently the notary profession is regulated by the law of the republic of indonesia number 30 of 2004 concerning notary positions (hereinafter referred to as uujn) jo. law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary positions (hereinafter referred to as uujn-p), the notary position act is a legal regulation that revokes the provisions of reglement op het notary ambt in indonesia (s.1860 no. 3) regarding the regulation of notary position (hereinafter referred to as pjn) which is no longer in accordance with legal developments and community needs. with the promulgation of the law on the position of notary, it is hoped that it can provide legal protection, both to the community and to the notary itself and is also expected to be better than the legislation it replaces. based on article 1 point 1 of the law on notary positions, it is stated that a notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. the aim is that the deed can be used as strong evidence if one day there is a dispute between the parties or there is a lawsuit from another party. if this happens, it is possible that the notary will be involved in the matter. notaries as officials who are based in the realm of law (such as advocates, judges, prosecutors, police) make notaries directly or indirectly have the right in addition to making authentic deeds, inheritance deeds/for inheritance, as well as deeds in the company sector as well as to maintain the smooth process. the law that occurs, including those relating to the judicial process, both in criminal and civil courts. the judicial process referred to here is closely related to evidence, both written evidence and also evidence by testimony (abdul ghofur anshori, indonesian notary institute, legal and ethical perspectives: 2009). a notary in carrying out his work must be careful, because his negligence can cause legal problems in the future so that the notary can be brought before the judicial process. in accordance with article 66 paragraph (1) of the notary position law and its amendments that for the purposes of the judicial process, investigators, public prosecutors, or judges with the approval of the notary honorary council are authorized to take photocopies of the minutes of deed and/or letters attached to the minutes of deed or notary protocols in the notary's custody, calling the notary to be present in the examination related to the deed or notary protocol which is in the notary's custody, the notary who has made negligence cannot immediately refuse to provide information on the grounds of secrecy of position. in accordance with article 67 paragraph (2) of the uujn that in carrying out the supervision as referred to in paragraph (1) the minister shall establish a supervisory council. supervision of notaries is carried out by the minister by forming a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 157 issn print 2086-6852 and issn online 2598-5892 supervisory council consisting of the central supervisory council (mpp), regional supervisory council (mpw), and regional supervisory council (hereinafter referred to as mpd). these provisions are then regulated in the regulation of the minister of law and human rights of the republic of indonesia number 7 of 2016 concerning the notary honorary council. the notary honorary council is a body that has the authority to carry out the guidance of a notary and the obligation to give approval or rejection for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the notary deed or protocol that is in the notary's custody. . based on the provisions of article 66 a of the uujn-p and article 20 of the regulation of the minister of law and human rights number 7 of 2016 concerning the notary honorary council, in the process of giving approval, the mkn must conduct an examination first. the examination carried out is by conducting a hearing for the implementation of the position of a notary against a notary. after the examination has been carried out, the final result of the mkn examination is stated in the form of a decree which contains approval or rejection of the request of the investigator, public prosecutor or judge.decision mknw in the form of a state administrative law product or called ktun, according to the law of the republic of indonesia number 30 of 2014 concerning government administration in article 1 point 7, government administration decree which is also called a state administrative decree is a written decision issued by the national administration agency. and/or government officials in the administration of government. in the event that the party who is the subject of the ktun feels aggrieved by the ktun, they can file a lawsuit through the state administrative court. as one example, a notary filed a lawsuit filed through the administrative court against a letter of recommendation for an investigation into alleged forgery of a letter. the case has been decided in the pekanbaru administrative court decision number 31/g/2018/ptun.pbr, the parties in the case are dr. khalidin, sh, mh against the chairman of the honorary council of notaries for the riau province. as for the object of dispute, the object of the dispute being sued is the letter of the chairman of the honorary council of notaries for the riau province, number: um.mknw. 01.18-1871, may 09, 2018 regarding the approval of the call for a notary examination of dr. khalidin, sh, mh that according to the plaintiff, the procedure carried out by the riau mknw was not procedural and harmed the plaintiff. the decision deserves to be a topic of legal research because not all notaries have an understanding of mnkw and state administrative procedural law, therefore this legal research was written with the title authority of the notary assembly authority in the matter of counseling and issuance of recommendations for invisitors calling. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 158 issn print 2086-6852 and issn online 2598-5892 2. research method this legal research uses a normative legal research type, namely research that is able to provide a systematic explanation by emphasizing on regulations governing legal categories in order to analyze the relationship or relationship between regulations/regulations (peter mahmud marzuki, legal research: 2011). the approach used in writing this law is an approach based on legislation, a conceptual approach, and a case approach. the compilers through this legal approach look for the ratio legis and the ontological basis for the birth of the notary position law and other regulations used in this legal research. the purpose of studying the ratio legis and the ontological basis of a law is so that the compiler is able to capture the philosophical content behind the law, then the compiler can conclude whether there is a philosophical conflict between the law and the issues at hand. in this study, where the author uses various rules or sources of legal materials, namely: primary legal materials primary legal materials used as references in this legal research refer to: 1. law number 2 of 2014 concerning amendments to law number 30 of 2004 about notary position; 2. law no. 30 of 2014 concerning government administration 3. regulation of the minister of law and human rights number 7 of 2016 concerning the notary honorary council and its amendments; 4. legislations related to the theme of this legal research secondary legal materials. secondary legal materials in this legal research consist of covering scientific books in the field of law, papers, scientific journals and scientific articles. the formulation of the problem to be discussed in this paper can be formulated as follows, namely: 1. authority of the honorary consul in the context of issuing a letter of recommendation for summoning a notary. 2. issuance of the honorary council recommendation letter as a state administrative decision 3. results and discussion 3.1 the authority of the honorary consul in the context of issuing a letter of recommendation for calling a notary notary comes from the word notarius which is a title for people who carry out writing work. the name notarius gradually means those who make notes in fast writing, such as today's stenographers (r. soegono notodisoerjo, notary law in indonesia an explanation: 1993). based http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 159 issn print 2086-6852 and issn online 2598-5892 on article 1 paragraph 1 of law no. 2 of 2014 concerning the position of a notary, it is stated that a notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws. the main task of a notary is regulated in article 1 number 1 uujn, namely making authentic deeds and other authorities as referred to in the uujn. meanwhile, the authority of a notary in article 15 paragraph (1) of the uujn, namely "the notary has the authority to make an authentic deed regarding all acts, agreements, and provisions required by laws and regulations and/or required by the interested parties to be stated in an authentic deed, guaranteeing the certainty of the date. making the deed, keeping the deed, providing grosse, copies and quotations of the deed, all of that as long as the making of the deed is not assigned or excluded to other officials or other people stipulated by law. according to lumban tobing ghs, the authority of a notary includes 4 things, namely: a. the notary must be authorized as far as the deed is made. the point is that not all deeds can be made by a notary; b. the notary must be authorized as long as it concerns the people for whom the deed was made; c. the notary must be authorized as long as it concerns the place where the deed was made d. the notary must be authorized as long as the time of making the deed is concerned. the point is that a notary may not make a deed while on leave or be fired from his position, similarly, a notary is not authorized to make a deed before obtaining a letter of appointment (sk) and before taking an oath of office. (ghs lumban tobing, notary position regulations: 1983) if one of the requirements for authority is not fulfilled, the deed made by or before a notary does not have the status of an authentic deed and only has the power of proof such as a private deed if the deed is signed by the parties. notaries in carrying out their duties in addition to being given authority, are also required to obey the obligations regulated by uujn and the notary code of ethics and are required to avoid restrictions in carrying out their positions. in addition to having obligations, a notary must comply with the prohibition norms regulated in the provisions of article 17 of the uujn, including: a. running a position outside the area of office b. leaving his/her area of office more than 7 (seven) consecutive working days without a valid reason c. concurrently as a civil servant d. concurrently as a state official e. concurrently serving as an advocate http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 160 issn print 2086-6852 and issn online 2598-5892 f. concurrent positions as leader or employee of a state-owned enterprise, regional-owned enterprise or private enterprise g. concurrently serving as land deed making officer and/or class ii auction officer outside the notary's domicile. in uujn sanctions against notary deeds and against notaries are regulated (collected) in articles 84 and 85 of the notary position law, while in the notary position law and its amendments the sanctions are directly included in the relevant article so that if there is a violation of the article for which there is no sanction, then it is already of course, there are no sanctions for notaries and their deeds (habib adjie, thematic interpretation of indonesian notary law: 2015). the types of sanctions regulated in uujn are civil sanctions and administrative sanctions. civil sanctions are sanctions in the form of the deed in question only having the strength of the evidentiary value under the hand, and this can be used as an excuse for the parties (appearers) listed in the deed that suffered losses to demand reimbursement of costs, compensation, and interest to a notary. administrative sanctions are sanctions given to notaries who in carrying out their duties and positions there are certain requirements and certain actions that are not carried out or not fulfilled by the notary in accordance with the notary position law, such as: a. verbal warning b. written warning c. temporary suspension d. dismissal with honor e. disrespectful dismissal in order to maintain the dignity and worth of a notary, supervisory actions are carried out, what is meant by supervision is the process of observing the implementation of all organizational activities to ensure that all work being carried out goes according to a predetermined plan (sujamto, aspects of supervision in indonesia). : 1987). according to p. nicolai, supervision is a preventive measure to enforce compliance. according to lord acton's opinion, supervision is an act of controlling the power held by state administration officials (government) which tends to be misused. the purpose of supervision is to limit the government from using power outside the normal limits that are contrary to the characteristics of the rule of law, to protect the public from the government's discretionary actions and to protect the government from exercising power properly and correctly according to law or not violating the law (diana hakim koentjoro, administrative law). country: 2004). it is none other than that the purpose of monitoring the actions of a notary is so that the notaries when carrying out their duties and positions do not violate the law. prior to the enactment of the uujn and uujn and their amendments, the supervision of the examination and imposition http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 161 issn print 2086-6852 and issn online 2598-5892 of sanctions on notaries was carried out by the existing judicial bodies at that time based on several rules, namely (habib adjie, civil and administrative sanctions against notaries as public officials: 2008): a. article 14 reglement op de rechterlijke organisatie en het der justitie (stbl.1847 no.23) b. article 96 reglement buitengewesten c. article 3 ordonnantie buitengerechtelijke verrichtingen, state gazette of 1946 number 135 d. article 32 and article 54 of law number 13 of 1965 concerning courts in the general court and supreme court. with the enactment of the uujn, based on article 67 paragraph (1) of the uujn, supervision of notaries is carried out by the minister of law and human rights. article 67 paragraph (2) of the uujn explains that to carry out such supervision, the minister establishes a notary supervisory board. with the existence of a supervisory board which was specifically formed to supervise notaries, it is hoped that supervision can be carried out optimally. based on article 67 paragraph 5 of the uujn, the supervision of notaries carried out by the minister includes supervision of the behavior of notaries and the implementation of notary positions. the first order mentioned is the supervision of the notary's behavior because the notary's behavior is closely related to the notary code of ethics, so that the notary's ethics in carrying out his duties and positions is very prioritized. then to enforce the rules of the law on the position of a notary, a notary honorary assembly was formed which in this case contained elements of the government. the rules regarding the authority of the honorary assembly in the law on notary positions are regulated in several articles, namely: a. article 66 (1) for the purposes of the judicial process, investigators, public prosecutors, or judges with the approval of the honorary notary council are authorized to: a. take a photocopy of the minutes of deed and/or letters attached to the minutes of deed or the notary protocol in the notary's depository; and b. summon a notary to attend an examination related to the deed or notary protocol which is in the notary's custody. (2) taking a photocopy of the minutes of deed or documents as referred to in paragraph (1) letter a, an official report of the submission is made (3) the notary honorary council within a maximum period of 30 (thirty) working days from the receipt of the letter of request for approval as referred to in paragraph (1) must provide an answer to accept or reject the request for approval http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 162 issn print 2086-6852 and issn online 2598-5892 (4) in the event that the notary honorary council does not provide an answer within the period as referred to in paragraph (3), the notary honorary council is deemed to have accepted the request for approval. the provisions of the uujn are then regulated in the regulation of the minister of law and human rights of the republic of indonesia number 17 of 2021 concerning duties and functions, terms and procedures for appointment and dismissal, organizational structure, work procedures, and budget of the honorary council of notaries. in this regulation it is stated that the main task of the notary honorary council is to examine applications submitted by investigators, public prosecutors, or judges, give approval or rejection of requests for approval to take a photocopy of the minutes of deed and summon a notary to be present in the investigation, prosecution and judicial process. , conduct training in order. maintain the dignity and honor of the notary in carrying out his profession and provide protection to the notary related to the notary's obligation to keep the contents of the deed confidential. issuance of recommendation letter for the honorary assembly as a state administrative decision as described in the next chapter, that the function of supervision and control of the notary position law is delegated to the notary honorary council as a body established under the notary position law and its amendments, based on the regulation of the minister of law and human rights republic of indonesia number 17 of 2021. prior to conducting an examination, investigators must first process a letter to the chair of the regional notary honorary council, then article 26 (1) states that in conducting an examination of a notary, the chairman of the regional notary honorary council forms an investigating council consisting of 3 members. (three) people consisting of each member of the regional notary honorary council. the duties of the examining council are to examine, request documents needed, and make an inspection report to be decided in the plenary meeting of the notary honorary council. each result of the examination by the examining council is reported to the chairman of the regional notary honorary council. procedures prior to summoning a notary by the investigator, public prosecutor, or judge to attend the examination include: 1. the investigator sends a letter of application to the chairman of the regional notary honorary council in accordance with the work area of the notary concerned. the request is submitted in writing in indonesian and a copy is submitted to the notary concerned. the request must contain at least the name of the notary, the address of the notary's office, the number of the deed and/or letter attached to the minutes of the deed or the notary protocol in the notary's depository, the subject matter of the alleged case. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 163 issn print 2086-6852 and issn online 2598-5892 2. the chairperson of the regional notary's honorary council is obliged to provide an answer in the form of approval or rejection of the investigator's request within a maximum period of 30 (thirty) days from the date of receipt of the application. 3. in the event that the regional notary honorary council does not provide an answer within 30 days, the regional notary honorary council is deemed to have received the request for approval. 4. in conducting an examination, the investigating panel has the authority to summon a notary based on a request from an investigator, public prosecutor, or judge. the summons to the notary public is carried out through a letter signed by the chairman of the regional notary honorary council. in an urgent situation, a summons can be made by facsimile and/or electronic mail which is immediately followed by a summons. the summons to the notary shall be made at the latest 5 (five) days prior to the examination being carried out. 5. notaries must attend to fulfill the summons of the examining council and may not be represented. in the event that the notary is not present after being legally and properly summoned 2 (two) times in a row, the examining council may make a decision at the request of the investigator, public prosecutor, or judge. 6. the examining council gives approval or rejection after hearing direct information from the notary concerned. the information is stated in the minutes of the inspection. in the event that the investigating panel gives approval to the request of the investigator, public prosecutor, or judge, the notary is obliged to provide a photocopy of the minutes of the deed and/or the required letter to the investigator, public prosecutor, or judge, submit a photocopy of the minutes of the deed and/or a letter with an official report of the submission made. signed by a notary and investigator, public prosecutor, or judge witnessed by 2 (two) witnesses. if it is observed in the description above, the examining board at the regional notary honorary council has the authority to make administrative actions in the form of rejection or approval at the request of investigators, public prosecutors, or judges. to do and/or not to take concrete actions in the context of administering the government. a government action that gives birth to a state administrative decision or ktun is defined as a written decision issued by a government agency and/or official in the administration of government. for the determination of approval or rejection issued by mknw, it must first go through the procedures set out in the laws and regulations and the aupb. in practice, the decision of the state administrative court has been found on the decision to approve the summons of a notary issued mknw riau in that case the notary feels aggrieved by the summons, this case is contained in the decision of the state administrative court no. 31/g/2018/ptun.pbr, the object of the tun http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 164 issn print 2086-6852 and issn online 2598-5892 lawsuit is the letter of the chairman of the notary regional assembly of the riau province, number: um.mknw. 01.18-1871, may 09, 2018 regarding the approval of the call for a notary examination of dr. khalidin. sh,mh that the object of the dispute was issued by the defendant on may 09, 2018. on april 30, 2018, the defendant through his staff summoned the plaintiff to attend the mknw examining council session, on wednesday, may 2 2018, according to the request from dir. riau police criminal investigation unit. whereas the plaintiff responded to the call and asked for a summons, then the defendant gave the answer “it will be submitted at the time of the trial”, and the riau police ditreskrimum also did not provide a written copy to the plaintiff and contradicted article 23 paragraph (2) of the minister of law and human rights number 7 of 2016. however, the plaintiff had good intentions to attend the trial, and before the trial began, the defendant's staff submitted a summons number um.mknw.1648.iv.18 dated april 25, 2018, and it turned out that the plaintiff's position was also wrongly addressed, namely "plaintiff's position as notary in indragiri hilir" . whereas because the defendant's summons is legally invalid (obscuur libel), the summons is invalid and contradicts article 24 (2) and paragraph (5) of the minister of law and human rights number 7 of 2016. that the a quo was filed with the pekanbaru state administrative court on 12 july 2018, therefore the a quo is still within the grace period in accordance with article 55 of law number 5 of 1986 concerning state administrative court in conjunction with law no. 9 of 2004, which is 90 (ninety) days from the date the decision was made or announced , the decision was sent to the plaintiff, the refusal to grant the requested decision, and the plaintiff's knowledge of the decision. mknw examiner, on wednesday, may 2, 2018. the interests of the plaintiff who are harmed are: 1. the plaintiff feels aggrieved because the plaintiff is the party to whom the object of dispute letter is addressed, namely letter of the chairman of the riau regional notary assembly, number : um.mknw. 01.18-1871, may 09 2018. subject : approval of call for notary examination dr. khalidin, sh, mh; 2. the time, energy and cost wasted due to being summoned by the riau police criminal investigation unit investigator, because the plaintiff resides in bagansiapiapi, rokan hilir regency, having to travel to pekanbaru more than 250 km or approximately eight hours of travel, which resulted in: the plaintiff suffered material losses for 1 day. the plaintiff made 2 (two) deeds @ rp. 1 million. x 25 working days = rp. 50,000,000, (fifty million rupiah); 3. the plaintiff's reputation has been tarnished for this unclear case, including with colleagues, the public and especially the plaintiff's family; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 165 issn print 2086-6852 and issn online 2598-5892 4. the plaintiff cannot provide services to the community, especially in the field of legal consultation; 5. that the plaintiff was summoned by the defendant by letter number: um.mknw. 1648 iv – 18, april 25 2018, submitted by the defendant to the plaintiff on may 2, 2018; 6. whereas the plaintiff was summoned by the defendant only based on a communication relationship via mobile phone, which when present to fulfill the summons, the defendant submitted a summons to the plaintiff as referred to in number (2) above; 7. that the plaintiff just found out about the alleged criminal act of making and using a forged letter related to the deed of statement of the meeting decision number 37, dated january 3, 2015 which was made before the notary concerned and therefore around the end of 2016 or the beginning of 2017 the plaintiff was asked to be present to provide information by the parties. investigators at the riau police; 8. whereas the plaintiff did not know and felt that he had never processed the application for approval and notification through the online general legal administration (ahu) of the ministry of law and human rights of the republic of indonesia, regarding the deed of statement of the meeting's decision, number: 37, dated january 3, 2015; 9. that the plaintiff did not know and felt that he had never made a deed of statement of the meeting's decision, number: 37, dated january 03 2015 regarding the case of the alleged criminal act of “making and using a forged document which was allegedly carried out by mr. hariyanto karim and mr. norsim kamarudin collaborating in property based on the deed. minutes of the extraordinary general meeting of shareholders of a limited liability company (egms) pt intan kemilau no: 48/2012 dated 10 may 2012 at notary dr. h khalidin sh, mh then on 21 october 2016 mr dahrun pasaribu has used his position as president director as contained in the deed number 37 which is the embodiment of the deed of the egms number 48/2012 to carry out legal actions related to housing development carried out by pt intan kemilau; 10. on the issuance of the deed number: 37, dated january 3, 2015 which became the reason for the riau police to request information from the plaintiff; 11. whereas based on the authority possessed by the defendant, the defendant has issued a decision letter of the chairman of the riau regional notary assembly, number : um.mknw. 01.18-1871, tanggal 09 mei 2018. hal : persetujuan pemanggilan pemeriksaan notaris dr. khalidin, sh,mh 12. . that the defendant as a state administrative body or position in the dispute object letter does not provide careful, complete, good and correct legal considerations, and is transparent, describing the actual facts. so that the plaintiff will know what the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 166 issn print 2086-6852 and issn online 2598-5892 defendant's legal considerations are. so that the defendant's decision does not reflect the application of clear and precise legal grounds based on article 66a of law of the republic of indonesia number 2 of 2014 concerning amendment to law number 30 of 2004 concerning notary position and regulation of the minister of law and human rights of the republic of indonesia number 7 year 2016 concerning the honorary assembly of notaries; 13. whereas the trial began at 14.00 wib, in the meeting room on the second floor of the riau kemenkumham regional office building, jalan sudirman no. 233 pekanbaru, attended by the examining council consisting of; 1. edy sumantri, sh (notary element); 2. khayatun, sh (government element); at the opening of the examination session, elements from academics were not present, but after 10 (ten) minutes and twenty-nine) seconds, the examination, elements from academics, namely dr. firdaus attended the examination/trial. that at the start of the trial all the elements must have been met, so that if the elements are not met, the examination/must be postponed, but it turns out that in this case the defendant still forced and carried out the examination/trial, thus in this case the procedure was flawed in the examination . that the panel of judges considered several things in the decision, including: 1. considering, whereas according to the panel of judges the name of the plaintiff listed as a notary whose summons was approved by the defendant as stated in the object of the dispute (video evidence p-5,t-9) indicates that there is an interest and legal relationship between the plaintiff and the object of the dispute; 2. the panel of judges is of the opinion that the plaintiff's formal claim has complied with the provisions of article 53 paragraphs (1) and (2) of law number 9 of 2004 concerning amendments to law number 5 of 1986 concerning the state administrative court; 3. that the panel of judges after examining and observing the decision letter on the object of dispute issued by the defendant (video evidence p-5, t-9) by linking the elements contained in the state administrative decision as referred to in article 1 number (9) of the law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning the state administrative court, the panel of judges is of the opinion that the decision letter on the object of the dispute has met the requirements as a state administrative decision, which is concrete, individual and final and has legal consequences for the plaintiff, with the following description: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 167 issn print 2086-6852 and issn online 2598-5892 concrete : the object decided in the state administrative decision is not abstract, but has a certain form or can be determined, namely in the form of a letter from the chairperson of the riau province regional notary honorary council number um.mknw.01.18-1871 dated 9 may 2018 regarding the approval of the summons for the examination of the notary dr. khalidin, sh. mh ; individual: meaning that the state administrative decree is not intended for the public, but it is clear to whom it is addressed, both at the address and the object to which it is addressed. khalidin, sh, mhin casu the plaintiff addressed to the head of the riau regional police; final: meaning that the state administrative decision is already a final decision that can be implemented, meaning that the legal consequences caused and intended are already definitive legal consequences, with the issuance of the decision letter on the object of dispute by the defendant on may 9, 2018 is already definitive without requiring any approval from superior agencies or other agencies. 4. considering, whereas the object of the dispute is a decision regarding the approval of a summons for a notary examination, the panel of judges will use the provisions of the legislation governing the approval of a summons for a notary examination, among others are law number 30 of 2004 concerning the position of a notary, law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of notary and regulation of the minister of law and human rights of the republic of indonesia number 7 of 2016 concerning the honorary council of notaries. 5. considering, whereas furthermore, the panel of judges after examining the evidence of letters, witness statements, expert statements and statements of the parties at trial, obtained the following legal facts: a. whereas the plaintiff is a notary in rokan hilir regency, riau b. whereas in 2012 the plaintiff made the deed of minutes of the extraordinary gms of the limited liability company pt. intan kemilau, number 48/2012, attended by the parties to the deed, namely dahrun pasaribu, hariyanto karim and norsim kamaruddin, having been read out by the plaintiff as a notary, and has also been given the opportunity to read it themselves and then it has been approved and signed by the parties. (see evidence t-5a and plaintiff's statement at the trial on october 31, 2018); c. whereas in 2014 the plaintiff had made the deed of minutes of the gms of the limited liability company pt. intan kemilau, number 44/2014 in the presence of the parties to the deed, namely dahrun pasaribu, hariyanto http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 168 issn print 2086-6852 and issn online 2598-5892 karim and norsim kamaruddin, having been read out by the plaintiff as a notary, and has also been given the opportunity to read it yourself and then it has been approved and signed by the parties. (vide evidence t-5a and plaintiff's statement in trial on october 31, 2018) d. whereas on february 2, 2015 a letter was issued through the ahu online application in the form of a letter dated february 2, 2015 regarding: receipt of notification of amendment to the articles of association of pt. intan kemilau addressed to notary khalidin, sh which basically stated that according to the data in the format of the changes stored in the legal entity administration system based on the notary deed number 37 dated january 3, 2015 drawn up by notary khalidin, sh domiciled in rokan hilir regency along with the documents supporters received on february 2, 2015 regarding amendments to article 4 paragraph (2), article 20 pt. intan kemilau domiciled in rokan hilir regency has been received and recorded in the legal entity administration system, (printed on 2 may 2018) that on 2 february 2015 the decree of the minister of law and human rights of the republic of indonesia number: ahu-0001679.ah.01.02.tahun 2015 regarding approval of amendments to the articles of association of limited liability company pt. intan kemilau, dated february 2, 2015 along with its attachments, which in the dictum states that approving changes to the articles of association of pt. intan kemilau, as a copy of deed number 37 dated january 3, 2015 made by notary khalidin, sh (vide evidence t-7 a and exhibit t-7 c); e. that the plaintiff was not aware of and had never made the deed of statement of gms resolutions number 37 dated january 3, 2015 and had never registered changes to the articles of association of a limited liability company pt. intan kemilau but the registration data is on his work computer at the notary's office. (vide t-5a, t-8b, f. statement of the plaintiff at the trial on october 31, 2018 that at the end of 2016 or the beginning of 2017 the plaintiff was aware of the alleged crime of making and using a forged letter related to the deed of statement of meeting resolution number 37 dated january 3, 2015 when the plaintiff was asked to be present to provide information by the investigator riau police. g. whereas on january 3, 2018, the directorate general of police on behalf of the kapolda riau issued a letter number: b/237/i/2008/reskrimum, dated january 31, 2018, subject: requesting a notary examination permit dr. khalidin, sh, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 169 issn print 2086-6852 and issn online 2598-5892 addressed to the chairman of the honorary council of notaries for the riau region. a copy of which was sent to the head of the riau police, irwasda polda riau, the chair of the mknp, but no copies were sent to the notary, dr. khalidin, shmh based on some of the above legal considerations, the panel of judges handed down the following decisions: judging; in delay: rejecting the application for postponement of the implementation of the object of the dispute submitted by the plaintiff; in exception: rejecting the defendant's exception in its entirety; in the matter of the case: 1. reject the plaintiff's claim in its entirety; 2. sentencing the plaintiff to pay court fees analysis: 1. whereas in this case, the notary is suspected of having participated in the falsification of the deed, so that the police as investigators need the minutes of the deed report and ask for information from the notary as the official who made the deed; 2. whereas in connection with the legal protection carried out by the honorary council of notaries for the riau region, a summons was made to the notary to be asked for information regarding the summons from the investigator 3. that the procedure that has been carried out by the honorary council of the notary area has been correct by calling beforehand and being objective towards the notary and the investigator. 4. that the regional honorary council should give permission to summon the notary concerned because the deed has been made by the notary concerned and has been registered through the online ahu system, so he is obliged to be responsible for the deed and prove the authenticity of a deed. 4. conclusion 1. in the framework of the function of supervising the position of a notary, an honorary assembly was formed consisting of elements of the notary, government, and academics. the authority of the honorary assembly is the attribution authority which is an authority born from law. the main task of the notary honorary council is to carry http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 170 issn print 2086-6852 and issn online 2598-5892 out the guidance of a notary and the obligation to give approval or rejection for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the notary deed or protocol that is in the notary's storage. 2. the legal product issued by the honorary council is in the form of a letter of recommendation containing the rejection or approval of the summons of a notary for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend the examination related to the deed or the notary protocol which is in the notary's custody. the legal product is an act of determination that gives birth to a state administrative decision in accordance with the regulations and the aupb. that the honorary assembly did not immediately give permission for summons, but first a meeting was held with the notary concerned to hear his statement. references adjie, habib (2015), thematic interpretation of indonesian notary law, bandung: refika aditama. adjie, habib (2008), civil and administrative sanctions against notaries as public officials, bandung: refika aditama. muhammad, abdulkadir (2001), ethics of the legal profession , bandung: citra aditya bakti. ghofur anshori, abdul (2009), indonesian notary institute, legal and ethical perspectives, yogyakarta: uii press. hakim koentjoro, diana (2004), state administrative law, tangerang: ghalia indonesia. jamil, suprihatiningrum (2014) , professional teacher, jogjakarta: aruzz media. lumban tobing, ghs (1983), notary position regulations, jakarta: erlangga. notodisoerjo, r. soegono (1993), notary law in indonesia an explanation, jakarta: raja grafindo persada. subhan, hadi (2008) , bankruptcy law principles, norms and practice in the judiciary, jakarta: prenada media group. sujamto (1987), aspects of supervision in indonesia, jakarta: sinar graphic http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 application of the principle of good faith in land buying nuli bagyo, indratirini faculty of law narotama university surabaya e-mail: nuli.nganjuk123@gmail.com abstract selling and buying land is a legal act that gives birth to rights and obligations for sellers and buyers. in carrying out the sale and purchase of land, it is mandatory to be guided by the legal provisions regarding the legal procedure to be followed, and must prioritize the principle of good faith in the bargaining stage up to the payment and sale and purchase agreement. in practice, it is often found that lawsuits are related to the attitude of one party that does not reflect the principle of good faith in buying and selling, of course this is against the rule of law and can be detrimental to other parties. this research is expected to be a means for legal scholars to understand the context of a land sale and purchase agreement. this research method used a normative juridical method with a conceptual approach, legislation and a case approach. the conclusion of this study is that in making an agreement, it is necessary to pay attention to complying with the elements of article 1230 bw in the form of a valid condition of an agreement, as well as prioritizing the principle of good faith as the basis for making a land sale and purchase. the process of buying and selling land according to procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law. keywords: good faith, buying and selling, land 1. introduction making an agreement is something that is often done in everyday life, an agreement without us knowing it is formed after the offer and acceptance of several parties after which an agreement is formed. for example, most buying and selling online through well-known buying and selling application platforms. the agreement contains several elements which include the concept of the agreement, the legal terms of the agreement, the principles of the agreement, the object of the agreement, the period of the agreement, the form of the agreement, the parties involved, the rights and obligations of the parties, the time of making the agreement or the method of making the agreement, settlement disputes and termination of the agreement. the concept of an agreement according to subekti is an agreement between the parties on something that gives birth to a legal engagement/relationship, giving rise to rights and obligations, if it is not carried out as agreed, there will be sanctions (r.subekti: 2005). the first element in the agreement is an agreement. the agreement in the bw can be seen in article 1338 paragraph 1 bw (huala adolf, basis: 2006). an agreement is valid when referring to article 1320 bw which includes several legal requirements, namely the existence of an agreement by both parties, the ability to carry out legal actions, the existence of an object of agreement and the existence of permissible causes. in an agreement, apart from having to pay attention to the legal requirements of an agreement must also be based on http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 several general principles or principles contained in contract law such as the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, the principle of good faith, the principle of personality (personality), as well as other principles contained in some legal literature that other. the urgency of the principle of good faith must be used as the basis for the parties taking legal actions in making an agreement. the consequence of the principle of good faith is that the parties must carry out the substance of the contract based on the trust or confidence of the parties themselves. the agreement that has been agreed upon by the parties must be carried out in accordance with propriety and justice. good faith is an important factor so that parties with good intentions will receive reasonable legal protection, while parties who do not have good intentions should feel that they play an important role in interpreting or expanding the teachings of good faith. the principle of good faith is mandatory in the implementation of buying and selling land objects, with the ratio that land is an immovable object that has a very high economic value. in practice, land sales and purchase disputes are often encountered because one party has bought or sold it in bad faith. of the many cases encountered, many decisions provide protection for buyers with good intentions. however, the prevailing laws and regulations do not provide a clear indication of who can be considered as a buyer in good faith. article 531 of the bw states that the bezit has good intentions if the holder of the position in power "acquires the object by obtaining property rights where he is not aware of any defects or deficiencies in it". furthermore, article 1338 paragraph (3) bw only states that the agreement must be carried out in good faith, but also does not further contain the criteria for a buyer in good faith. this study will discuss the concept of the principle of good faith quoted from some literature and legislation, especially the urgency of the principle of good faith in buying and selling land. 2. research methods type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced (peter mahmud marzuki, legal research, 2011). the researcher uses a normative type of research because this research is to find coherence, namely are there legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether someone's actions are in accordance with legal norms or legal principles (peter mahmud marzuki, legal research revised edition, 2014) as this research aims to find. in this study, the researcher used three problem approach methods, namely, the statutory approach, the conceptual approach. the statutory approach is carried out by reviewing all laws and regulations related to the legal issue being researched. the conceptual approach departs from the views and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 doctrines that develop in the science of law. studying the views and doctrines in legal science, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, the concept of the principle of good faith in contract law can be found. in this study, researchers used legal sources, including: a. primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. b. secondary legal materials are all publications on law that are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and commentaries on court decisions. in this study, the secondary legal materials used include books in the field of law, papers, articles, and theses. the formulation of the problem in this study include the concept of the principle of good faith in contract law and the application of the principle of good faith in the process of buying and selling land. 3. results and discussion the concept of the principle of good faith in contract law civil law actions that are often carried out by a person or legal entity are making an agreement, subekti argues that an agreement is an event where one person promises to another person or where two people promise each other to do something. while the engagement is a legal relationship between two people or two parties, based on which one party has the right to demand something from the other party, and the other party is obliged to fulfill these demands. article 1313 of the civil code states: "agreement is an act by which one or more people bind themselves to one or more other people. another opinion regarding agreements or contracts according to salim hs, said contract law is: "the whole of the legal rules governing legal relations between two or more parties based on an agreement to cause legal consequences. the legal arrangement of the agreement is contained in book iii bw which has the characteristics of anopen system, meaning that everyone is free to make agreements, both those that have been regulated and those that have not been regulated by law. the official definition of an agreement is contained in article 1313 bw which states that an agreement is an act where one or more people bind themselves to one or more other people. to guarantee the validity of an agreement, it must be carried out by referring to the provisions of article 1320 bw, which the formulation of the article states that: in order for a valid agreement to occur, it is necessary to fulfill four conditions: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 1. the agreement of those who bind themselves; 2. the ability to make an engagement; 3. a certain subject matter; 4. a cause that is not forbidden. the four paragraphs of article 1320 bw have different legal consequences if they are violated. the agreed element in the first paragraph has the philosophy that an agreement must be carried out voluntarily by the parties and consciously carried out by both parties without coercion, fraud, or intentional error by both parties. arrangements regarding coercion and fraud are regulated in article 1321 bw which states that no agreement has the power if it is given by mistake or obtained by coercion or fraud. the consequences of the actions in article 1321 bw are contained in article 1322 bw which states that an error does not result in the cancellation of an agreement, unless the error occurs regarding the nature of the goods that are the subject of the agreement. mistakes do not result in cancellation, if the mistake only occurs about the person with whom someone intends to enter into an agreement, unless the consent is given mainly because of the person concerned. the provisions regarding coercion include: 1. article 1323 bw coercion carried out against a person entering into an agreement results in the cancellation of the agreement in question, also if the coercion is carried out by a third party who has no interest in the agreement made. 2. article 1324 bw coercion occurs if the action is such that it gives the impression and can cause fear to a reasonable person, that he, his people, or his wealth are threatened with great loss in the near future. in considering this matter, the age, gender and position of the person concerned must be considered. 3. article 1325 bw coercion makes an agreement null and void, not only if it is carried out against one of the parties making the agreement, but also if it is carried out against the husband or wife or their family in an upward or downward line. the second element regarding the validity of the agreement is about the competence or not of the legal subjects who agree in the agreement. the competency criteria in article 1330 bw are stated that those who are not qualified to make an agreement are; 3. minors; 4. a person placed under custody; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 5. women who have married in matters determined by law and in general all those who are prohibited by law from making certain agreements (this provision has been excluded by law no. 1 of 1974 concerning marriage). the third element in the agreement that must be fulfilled is the object of the agreement. with regard to the object of the agreement, it is obligatory to refer to article 1332 bw which states that only goods that can be traded can be the subject of an agreement, besides that, it is regulated in article 1333 bw that an agreement must have a principal in the form of an item of at least a specified type. the amount of goods does not need to be certain, as long as the amount can then be determined or calculated. regarding the legal requirements of the 4th agreement in the form of permissible causes in article 1337 bw it is stated that a cause is prohibited, if the cause is prohibited by law or if the cause is contrary to decency or public order. legal acts born of agreements are binding on the parties as stated in article 1338 bw, namely all agreements made in accordance with the law apply as law for those who make them. the agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law. approval must be executed in good faith. with the binding of the parties after fulfilling all the provisions in article 1320 bw, then by law the agreement is like law for the parties and must be obeyed and implemented. considering that the philosophy of the existence of agreement rules is created because of several legal principles such as the principle of good faith, the principle of the principle of freedom of contract (freedom of contract). the principle of consensualism (consensualism), the principle of legal certainty (pacta sunt servanda), and the principle of personality (personality). each of these principles has its own characteristics. in this study, the discussion is limited, the next sub-chapter will discuss the discussion of the principle of good faith. the legislators in creating the rule of law must know the legal philosophy that can be viewed from doctrine and legal principles, especially in creating rules in the civil sector that are closely related to the relationship between individuals in the business field. the basis for the creation of implied contract law from several principles in civil law are: a. theprinciple of consensualism is implied in the provisions of article 1320 paragraph (1) bw, which states that an agreement is valid if there is an agreement between the parties who make an agreement. based on this principle, it is understood that the source of contractual obligations is the meeting of agreements between the parties themselves b. the principle of the binding power of the contract (pacta sunt servanda) the principle of the binding power of the agreement, also known as the pacta sunt servanda principle, is a principle related to the binding power of an agreement. the principle of pacta sunt servanda can be reviewed in article 1338 paragraph (1) bw which http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 states that "all agreements made legally apply as law for those who make them". the result is that the parties to the agreement must comply with the contents of the agreement as well as they comply with the law. c. the principle of freedom of contract basically, every individual is freed in making an agreement. book iii bw follows an open system, meaning that the law (ic book iii bw) gives the parties the freedom to regulate their own pattern of legal relations.18 the open system of book iii bw is reflected in article 1338 paragraph (1) of the bw which states that, "all agreements made legally shall apply as law for those who make them." according to subekti 19, the way to conclude this freedom of contract is by emphasizing the words "all" in front of the words "agreement". whereas the provisions of article 1338 contain the understanding that we are allowed to make any agreement and the agreement made will bind the parties like a law. d. the principle of good faith the principle of good faith can be reflected in the rules of article 1338 paragraph (3) bw which states that "agreements must be carried out in good faith". the legislation does not provide a clear definition of what is meant by good faith. then in article 1339 bw, that "agreement does not only bind what is expressly specified in it, but also everything that by its nature approval is required based on justice, custom, or law". the provisions of article 1339 bw provide a way out for the parties if they do not stipulate the provisions in the agreement, but the law has regulated it. the consequence of the rule of article 1339 bw is that the parties must comply with other laws and regulations other than the agreement. in the national civil law symposium held by the national legal development agency (bphn), good faith should be defined as follows: a. honesty when making contracts; b. at the drafting stage it is emphasized, if the contract is made before an official, the parties are considered to have good intentions (although there are also opinions expressing objections); c. as appropriate in the implementation stage, which is related to a good assessment of the behavior of the parties in carrying out what has been agreed in the contract, it is solely aimed at preventing inappropriate behavior in the implementation of the contract. according to subekti, good faith has two meanings, namely (subekti: 1983): a. good faith in an objective sense an agreement must be made and implemented by taking into account the norms of decency and decency so as not to harm the other party http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 b. good faith in a subjective sense good faith in this context can be called the honesty of a person in carrying out the agreement. in the pre-agreement stage, the seller is obliged to explain that the object will be the object of sale and purchase between the seller and the buyer. good faith in the pre-agreement stage is needed before an agreement is reached by both parties. this pre-agreement stage is expected to not contain deception from the seller to the buyer. if the element of good faith in the pre-contract stage is not fulfilled, the agreement can be canceled. not only selling is required to do good faith, but the buyer is also obliged to carry out good faith by making payments to the costs and prices of the objects traded. the application of the principle of good faith in the sale and purchase of land will be analyzed in the next sub-chapter. the application of the principle of good faith in the process of buying and selling land the sale and purchase agreement is regulated in book iii bw concerning engagement, more precisely regulated in article 1457 bw which states that "a sale and purchase is an agreement, whereby one party binds himself to surrender an object and the others pay the promised price. based on the understanding in article 1457 bw, buying and selling is an obligatory agreement. the conditions for a valid sale and purchase agreement are also required to comply with the rules in accordance with article 1320 bw, which include the existence of an agreement between those who bind themselves, the ability to make an engagement, the existence of a certain thing, and a permissible cause. with regard to the nature of the sale and purchase, namely obligatory, that the new sale and purchase agreement lays down mutual rights and obligations between the two parties, or in other words the sale and purchase adopted by civil law has not transferred ownership rights while new property rights have been transferred by delivery or levering (soedharyo soimin, : 2004). furthermore, article 1458 bw stipulates that the sale and purchase of immovable objects is considered to have occurred even though the land has not been handed over or the price has not been paid. for the transfer of rights, it is still necessary to take another legal action in the form of surrender, the method of which is determined by another regulation. from this description, the sale and purchase of land according to civil law consists of 2 (two) parts, namely the sale and purchase agreement and the transfer of rights, both of which are separated from one another. so, even though the first thing is usually done with a notarial deed, but if the second thing has not been done, then the status of the land is still the property of the seller. after law no. 5 of 1960 concerning basic regulations on agrarian principles was enacted, the sale and purchase of land used customary law as the law that underlies national agrarian law. based on article 5 of the uupa, the definition of buying and selling property rights according to the uupa is nothing but the meaning of buying and selling according to customary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 law. (adrian sutedi: 2010). according to customary law, land sale and purchase is a clear and cash transfer of land rights, clearly means that the act of transferring rights must be carried out before the customary head, who acts as an official who bears the regularity and legality of the act of transferring rights, so that the act is known to the public. . what is meant by cash is the act of transferring rights and paying the price simultaneously. therefore, cash prices may be paid in cash, or partially paid (cash is considered cash). in the event that the buyer does not pay the balance, the seller cannot sue on the basis of the sale and purchase of land, but on the basis of the law of debt. the requirements in legal actions for the transfer of land rights are divided into 2 (two) types, namely: a. material requirements: 1. seller is the person who has the right to the land to be sold. in this case, it must be clear who the potential seller is, and he must have the right to sell the land he wants to sell. if the seller has a married partner, the husband and wife must be present and act as the seller, if the husband or wife is unable to attend, a written and valid proof of agreement must be made stating that the husband or wife agrees to sell the land. the sale and purchase of land carried out by those who are not entitled to it will result in the sale and purchase being null and void by law. this means that from the beginning the law considered that there had never been a sale and purchase. in such case the interests of the buyer are greatly harmed, because the buyer has paid the price of the land while the rights to the land he bought have never been transferred to him. although the seller still controls the land, at any time the person who is entitled to the land can sue through the court. 2. buyer is a person who has the right to have rights to the land he bought and pays attention to the terms of article 1320 bw and other provisions. this depends on the legal subject and legal object. the legal subject is the legal status of the person who will buy it, while the legal object is what rights exist on the land. 3. the land in question may be traded or not in dispute. according to the bal, land rights that can be used as objects of transfer of rights are ownership rights, cultivation rights, building use rights, and use rights b. formal requirements in buying and selling land after all the material requirements are met, a sale and purchase is carried out before the ppat. in the process of buying and selling land, several provisions are made, such as: 1. checking the certificate through the system made by bpn 2. payment of bphtb and pph taxes 3. it can be emptied first by the seller and pay off the fees charged to the object http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 4. the making of the deed of sale and purchase must be attended by the parties conducting the sale and purchase or the legal proxy of the seller and the buyer and witnessed by 2 (two) witnesses who meet the requirements as witnesses. 5. the deed of sale and purchase is made in the original form in 2 (two) copies, namely the first 1 (one) copy is kept by the ppat concerned and the second sheet in 1 (one) copy is submitted to the land office for registration purposes and to other parties. interested parties can be provided with a copy. 6. after the deed is drawn up, not later than 7 (seven) working days from the date of signing the deed in question, the ppat is obligated to submit the deed he made along with the relevant documents to the land office for registration and the ppat is obligated to submit a written notification regarding the submission of the deed. to the parties concerned. in the event that the land to be sold has not been recorded (not yet certified), the village head or a member of the village government who in addition will act as a witness, also guarantees that the land to be sold is indeed the property of the seller and he is authorized to sell it in accordance with the history. land issued by the village head. the principle of good faith in buying and selling land is very necessary to avoid disputes. in practice, there are often disputes over the sale and purchase of land that occur because one party has bought or sold it in bad faith. of the many cases encountered, many decisions provide protection for buyers with good intentions. however, the prevailing laws and regulations do not provide a clear indication of who can be considered as a buyer in good faith. if you look at article 531 bw which states that the bezit has good intentions if the holder of the position of power "acquires the material by obtaining property rights where he is not aware of any defects or deficiencies in it". in addition, article 1338 paragraph (3) bw only states that the agreement must be carried out in good faith, but also does not further contain the criteria for a buyer in good faith. judges at the supreme court made a formula contained in the circular letter of the supreme court no. 4 of 2016 which can be quoted as follows: “regarding the definition of a buyer with good intentions as stated in the agreement of the civil chamber dated october 9, 2014 in letter a, it is refined as follows: good intentions that need to be protected under article 1338 paragraph (3) of the civil code are as follows: carry out the sale and purchase of the land object with legal procedures/procedures and documents as determined by the laws and regulations, namely: 1. purchase of land through a public auction or: 2. purchase of land before the land deed maker official (in accordance with the provisions of government regulation no. 24 of 1997 or; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 3. purchase of customary/unregistered land which is carried out according to the provisions of customary law, which is carried out in cash and openly (in the presence of/known to the local village head/lurah) purchase and based on the research shows that the land object of sale and purchase belongs to the seller 4. purchase is made at a reasonable price exercise caution by examining matters relating to the object of the land being agreed upon, including: 1. the seller is a person who have the right/have rights to the land which is the object of the sale and purchase, according to the proof of ownership, or; 2. the land/object being traded is not in confiscated status, or; 3. the object land being traded is not in the status of collateral/mortgage rights, or; 4. for land that is certified, it has obtained information from the national land agency and a history of legal relations between the land and the certificate holder. regarding this problem, the supreme court (ma) is of the opinion that one of the criteria for a buyer with good intentions is that the buyer purchases the object of sale and purchase through the auction office. then the opinion formulated in the sema was confirmed in jurisprudence no. 6/yur/pdt/2018, in that jurisprudence it refers to decision number 158 k/pdt/2005 (pt. mitra bangun griya vs. pt. bumijawa sentosa) dated january 31, 2007. in the decision the supreme court is of the opinion: “that the plaintiff is the winner of the auction of the disputed parcels (land and buildings on it), in accordance with the letter of determination of winner no. prog-0093/ppa p3/bppn/0803 dated august 21, 2003, and the sale and purchase of auction objects was carried out on december 2, 2003 (exhibits p 4 and p 5 ); "that as the buyer of the auction of assets under restructuring, the plaintiff obtains legal certainty of the transfer of rights to the said assets under restructuring (article 27 paragraph (2) of government regulation no. 17 of 1999), even in the elucidation of article 27 paragraph (1) of the same government regulation , transferee or purchaser of assets under restructuring is considered a party in good faith, and therefore must be protected by law.” the supreme court's consideration was reaffirmed in decision number 901 k/pdt/2007 (pt bank niaga vs han moy) dated october 24, 2007. in that decision, the supreme court was of the opinion: "that the auction process was in accordance with applicable regulations, because it was carried out on collateral items. burdened with mortgage rights. because the debtor is in default/negligence (bad credit), then the object that is used as collateral can be auctioned, the principle of "accelerated http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 124 maturity" applies. that the auction buyer is a buyer with good intentions, therefore it must be protected.” the supreme court's decision was reaffirmed in decision number 1175 k/pdt/2007 (budi koeswoyo vs. pt bni, et al.) dated october 24, 2007, and decision number 724 pk/pdt/2008 (kadariati solihin, et al. vs. pt bank artha graha and genta teruna) dated january 20, 2010. in the plenary meeting of the room in 2014, in addition to confirming the legal opinion above, the supreme court also added criteria for buyers with good intentions. through the supreme court circular (sema) number 5 of 2014 which was later strengthened in sema no. 4 of 2016, the supreme court's opinion regarding the criteria for buyers in good faith after the birth of the two semas mentioned above is consistent. in decision number 403 pk/pdt/2015 dated november 26, 2015, the supreme court gave legal considerations that the sale and purchase was carried out before the ppat and in accordance with applicable regulations, the land buyer was a buyer with good intentions. the supreme court's full legal considerations are as follows: "that the judex juris decision rests on the fact that the sale and purchase has been carried out before the ppat as an authorized official, against a certified object of sale and purchase, then this situation has proven that the defendant is a buyer with good intentions, buying and selling before ppat is a sale and purchase whose mechanism has been regulated in accordance with the applicable laws and regulations. this decision was reaffirmed through decision number 256 k/pdt/2016 dated 18 july 2016, decision number 1161 k/pdt/2016 dated 14 september 2016, decision number 2828 k/pdt/2016 dated 14 december 2016, decision number 1775 k/pdt /2017 dated 31 august 2017, decision number 2520 k/pdt/2017 dated 16 november 2017, decision number 734 pk/pdt/2017 dated 19 december 2017. the supreme court's opinion regarding the sale and purchase of land is carried out before ppat and in accordance with applicable regulations, or buy through the state auction office, then the land buyer is a buyer with good intentions, because it must be protected by law, has been consistent. from the opinion of the judge in the supreme court that it has been formulated that a buyer with good intentions who buys a land object through legal procedures and in accordance with laws and regulations is protected by law and the state, it should also be noted that the principle of good faith has been interpreted in the case of buying and selling land and land. used as a guide in similar cases. 4. conclusion in making an agreement, it is necessary to pay attention to fulfilling the elements of article 1230 bw in the form of conditions for the validity of an agreement, as well as prioritizing the principle of good faith as the basis for making an agreement village. the process of buying and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 125 selling land in accordance with procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law. suggestions preferably in the pre-agreement stage, the seller provides details of the object being traded and does not contain elements of deceit. as a buyer with good intentions, you should check in detail on the goods to be purchased so you don't feel disadvantaged in the future and before buying and selling land objects, it is mandatory to check the location to be traded and ask the seller to pay off the costs that are borne by him before buying and selling. if there are parties who have already made buying and selling under the hands without being before the ppat or the village head, it is better to apply for a determination in the district court regarding the ratification of the sale and purchase by bringing witnesses at the time of the sale and purchase transaction. then do the recording in the village and it can be registered for a certificate of title to be issued as proof of land ownership, and don't forget to pay the transfer tax on land rights. references marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group. r. subekti (2005), contract law, jakarta: intermasa. adolf, huala (2006), fundamentals of contract law international, bandung: refika aditama. r subekti, covenant law, jakarta: citra aditya bakti. soimin, soedharyo (2004), status of land rights and acquisition, jakarta: sinar graphic. sutedi, adrian (2010), transfer of land rights and registration, edition 1 , fourth printing, jakarta: sinar graphic. association of supreme court jurisprudence (2018). pratama, arif (2009), application of the principle of good faith in the sale and purchase agreement of keris in yogyakarta, thesis, yogyakarta: uii. hernoko, agus yudha (2019), law of agreement, jakarta:prenada media group hutabarat, samuel mp (2010), supply and demand in covenant law, jakarta: grasindo http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 the implementation of electronic money in increasing tax payment compliance for taxpayers in indonesia regi handono faculty of law narotama universty surabaya e-mail: regi.handono@gmail.com abstract tax payment compliance has always been a polemic in any country in the world, including in indonesia. indonesia applies a taxation system in the form of self-assessment in which taxpayers have full authority in carrying out their tax obligations. on the one hand, this principle is very good for the tax authorities or the directorate general of taxes (dgt), because it reduces their administrative costs. with taxpayers calculating, paying, and reporting their own tax obligations, dgt is on the passive side because it is only a matter of waiting for tax deposits and reports. but on the other hand this also creates new problems. dgt very much depends on the honesty, willingness and level of understanding of taxpayers of their respective tax rules and obligations. the main problem with this principle is the honesty stage. humans basically will always try with the least possible sacrifice and will try to get the maximum result or benefit. meanwhile, tax, however its form, is still an expense that must be borne by the taxpayer. this is what causes taxpayers, to always arise reluctance to pay taxes which in the next stage is trying to find ways to reduce tax payments as small as possible. meanwhile, the state always expects the income from the tax payments of its citizens to ensure the survival and the implementation of development as a whole. for this reason, a breakthrough is needed so that these differences in interests can reach a good common ground for all parties. keywords: tax, electronic money, fiscus. 1. introduction the state revenue and expenditure budget, or often abbreviated as the apbn, is a detailed and structured list that contains state revenues and expenditures for 1 (one) fiscal year, in which the fiscal year always uses the period 1 january 31 december . the apbn itself consists of 3 (three) main parts, namely state revenue, state expenditure, and state financing (imaniyati & putra, 2016). state revenue always comes from 2 (two) things, namely tax revenue and non-tax state revenue (often abbreviated as pnbp). tax revenue has contributed more than 80% of the total revenue in the apbn. this shows the importance of taxes as a source of state revenue in financing development in this country, both infrastructure development and non-infrastructure development, such as human resources. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 tabel 1. postur rapbn tahun 2020 (rp triliun) keterangan rapbn apbn 2020 2020 i pendapatan negara 2.221,5 2.233,2 penerimaan pajak 1.861,8 1.865,7 penerimaan negara bukan pajak 359,3 367,0 penerimaan hibah 0,5 0,5 ii belanja negara 2.528,8 2.540,4 belanja pemerintah pusat 1.670,0 1.683,5 transfer ke daerah dan dana desa 858,8 856,9 iii keseimbangan primer (12,0) (12,0) iv defisit anggaran (307,2) (307,2) % terhadap pdb 1,76 1,76 v pembiayaan anggaran 307,2 307,2 sumber: kementerian keuangan (diakses dari www.kemenkeu.go.id) apbn, in the world of accounting, is often analogized as a budgeting report in a company, where the realization of the budgeting report will become a profit and loss statement. state revenues are analogous to operating revenues, and state expenditures are analogous to expenses that must be incurred by the organization so that the continuity of its business is guaranteed. one of the accounting principles that is often used in an organization is the principle of going concern or business continuity (syamsurijal, 2019). this principle assumes that an organization was founded with the aim of running continuously, or not in the short term, which means that it would be an anomaly if someone founded an organization with the aim of only being able to last for a few moments. this principle is more or less the same as that adopted by the government. the government as one of the organs in this country has the right and obligation to guarantee the survival of this country forever. this survival is not only about life, but also includes having to develop. in order for a country to develop, it requires a lot of money considering the continuous rate of inflation. if state revenue is not sufficient to cover state costs and spending, the government can cover it through debt in various forms, but this debt is also not an absolute solution because the most ideal solution is that an organization must be able to survive based on the circulation of its own money (schultz & weingast, 2003). this means that the ideal condition of a country is that its state revenue must be greater or at least can cover the costs and state expenditures. if the state covers its deficit in costs and state ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 expenditures from loans, then the solution is only a temporary solution because a country that borrows or owes loans still has to think of a way out to pay or repay the debt. in addition, debt cannot be avoided if development is to be carried out. it is a natural thing when an organization or country makes a loan or debt to trigger the development of that organization or country, because if we wait for enough money to turn around to carry out a development, it will undoubtedly be difficult to do. in 2020, indonesia itself was classified as a developing country, although at the beginning of the same year it was classified as a developed country by the office of the us trade representative (ustr) or the united states trade representative office. many consider that the classification of indonesia as a developed country is more due to political factors than the actual situation, because there is no or there is no clear definition and boundaries regarding developed and developing countries. until today, the world trade organization (wto) does not provide a clear definition of developing countries. a country can decide unilaterally whether it belongs to a developed or developing country, but it still has to get approval from all wto member countries. even though indonesia is classified as a developing country, in principle indonesia still faces various obstacles, especially in terms of collecting tax funds as the main source of state revenue. in every development of civilization, be it economic, social, or cultural, the adjustment of tax regulations has always been one aspect that has lagged behind other aspects (bird et al., 2006). moreover, in 2020, which is quite a tough year not only for indonesia but for various other countries facing considerable economic downturn, various forms of fiscal policies and efforts to increase tax revenues have been carried out by the ministry of finance and the directorate general of taxes (dgt) (medvedev, 2015). one of the things that the government is currently intensively doing is expanding the tax base. the government feels that the base taxpayers (taxpayers) so far have not fully reflected the figures. many taxpayers, especially those of productive age and already have income, do not calculate, report, and pay their taxes. the government itself, through the dgt, often thinks that if there is an economic downturn that results in a decrease in state revenue in the form of taxes, other efforts are needed, such as equalizing the tax burden through various strategies and well-targeted policies (bird et al., 2006) . apart from being an effort by the government to maintain the stability of its tax revenue, this policy is also an effort to share the tax burden more evenly according to the taxpayer's ability to pay taxes (steinmo, 2004). in addition, the results of the extension carried out by the dgt and reported in the performance report data (lakin) indicate that new taxpayers in one year have not or have not paid taxes in the following year. for example, out of 570,127 individual taxpayers who were not classified as ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 employees registered in the dgt database in 2016, only 285,206 taxpayers fulfilled their tax payment obligations in the same year and only 115,092 taxpayers fulfilled their tax payment obligations in the following year. the same thing happened in 2018, where out of 554,998 individual taxpayers who were not included in the criteria for employers (employees) who were registered in 2017, only 152,971 taxpayers fulfilled their tax payment obligations in 2018. another reason for the difficulty of collecting tax funds from the public is the unbalanced pattern of tax revenue (besley & persson, 2014) . the contribution of tax revenue in recent years has been dominated by value added tax (vat) and corporate income tax (pph) as much as 50% to 60%. this indicates that the contribution of personal income tax is still far from its true maximum potential. in addition, with the current revenue pattern, tax revenue has the risk of decreasing, especially when facing an economic downturn. whereas personal income tax should be able to support tax revenue when there is economic turmoil. for information, in 2019, the income from pph from employees (pph article 21) was in the range of 11.2%. then, pph article 25 individuals who come from high-income communities only contributed 0.8%. last but not least, one of the causes for the low state revenue from taxes is the small number of taxpayers' participation. as of 2019, the number of registered taxpayers has only reached 31.4% of the total productive age generation or generation of workers. therefore, modernization in the tax sector through technology optimization, especially digital technology, is something that needs to be done, accompanied by a change in the taxpayer's paradigm in seeing the tax itself. one of the ways in which digital optimization can be realized is the use of electronic money as a means of collecting tax funds from taxpayers. the directorate general of taxes hopes that this electronic money can make it easier for taxpayers to fulfill their tax payment obligations as well as make it easier for taxpayers to collect tax funds fairly and equitably. seeing the difficulty of collecting funds from the public for state revenue in the form of taxes, the questions arise, (1) can the use of electronic money make it easier to raise funds for tax payments? (2) what are the potential obstacles that arise from the application of electronic money? according to peter mahmud marzuki, the research method is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues at hand. the type of research used in the writing of this journal is juridical normative, which means that in writing this journal the writer tries to study and analyze and find answers about what each problem should be. juridical legal research is a type of research that conducts literature studies from existing bibliographies as well as on data from other parties used in research, while normative ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 means that legal research aims to obtain normative knowledge about the relationship between one rule and another and its application. in practice. a) problem approach the approach to the problem in writing this journal uses a statute approach. the statutory approach is carried out by studying and researching all laws and regulations related to the legal issues that are being handled. the legal approach to normative legal research has two functions, both practical and academic. the benefit of a statutory approach to journal writing for this practical activity is that it can provide an opportunity for writers to study whether there is compatibility and continuity between one law and another or between one regulation and another, be it the same regulation. levels and derivative regulations. the results of this study are in the form of arguments that are useful for solving the issues at hand. 2. research methods this research uses legal research methods. the approach used in this legal research is the statute approach, by examining all laws and regulations related to the legal issue being researched. source of legal materials, legal material is one of the most important parts in legal research. without this legal material it is impossible for the writer to find answers related to the topic or legal problem being researched so that to find solutions related to the topic or legal problem being faced, legal materials must be used as legal research. sources of legal materials in writing this journal can be divided into 2 (two) types, namely: primary legal materials the primary legal materials used consist of several types, including statutory regulations, official records, written and official records in the making of statutory regulations and judges' decisions. in writing the results of this study, the primary legal materials used are as follows, namely: 1. the 1945 constitution of the republic of indonesia and its amendments related to this research. 2. the civil code (kuhperdata). 3. law of the republic of indonesia number 13 of 2003 concerning manpower. 4. law of the republic of indonesia number 11 of 2020 concerning job creation 5. regulation of the minister of manpower and transmigration (permenakertrans) number 7 of 2013 concerning minimum wages. 6. government regulation no. 78 of 2015 concerning wages. secondary legal materials ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 the secondary legal material most used in this research is textbooks (written) because textbooks contain basic principles in law and the classical views of law graduates who have a high level of qualification. in this study, there are several secondary legal materials used, namely: 1. scientific books in the field of law 2. papers 3. scientific journals 4. scientific articles 3. results and discussion the role of electronic money in improving tax payment compliance in general, tax can be defined as something that is mandatory for everyone when residing in a country, where the payment of tax is a form of service and direct contribution from citizens and every member of society to jointly finance various state needs in national development. a distinctive feature of taxes is that citizens cannot expect an immediate reward. this tax indirectly gives a positive side to citizens because it uses the personal money of everyone, but in its implementation and management it is handed over to the central government and returned equally to all citizens. the fulfillment of taxation rights and obligations itself is regulated in taxation laws that are applicable for the welfare of the nation and state. with the increasing disclosure of information, technological developments, and the development of a business and business condition both at the national and international levels, the income received by each taxpayer, both individual taxpayers and domestic entities will also experience an increase. individual and corporate taxpayers are one type of domestic tax subject where the taxpayer is one of the contributors to state revenue from the tax sector, namely personal income tax and corporate income tax in various forms and types. according to law number 28 of 2007 concerning general provisions and procedures for taxation article 1 point 3, taxpayers can be divided into several types, including individual and corporate taxpayers, which include taxpayers, tax cutters and tax collectors, in where they have tax rights and obligations in accordance with the provisions of the tax laws in force or have subjective obligations and objective obligations and are required to register themselves to obtain a taxpayer identification number (npwp). meanwhile, the object of income tax according to the income tax law number 42 of 2009 is income, which is any additional economic capability received or obtained by a taxpayer, both from indonesia and from outside indonesia, which can be used for consumption or to increase wealth. the corporate taxpayer concerned, in whatever name and form. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 before starting a deeper explanation of the role of electronic money, it must first be understood about the real definition of electronic money in order to obtain a common understanding. according to bank indonesia regulation number 11/12 / pbi / 2009 dated april 13, 2009 concerning electronic money, electronic money is a means of payment in electronic form in which the value of money is stored in certain electronic media (fisher, 2005). users or fund owners must first deposit a certain amount of funds to the electronic money issuer and store them in electronic media before they can use them for transactions. when the electronic money is used, the value of money in the electronic media will automatically be deducted by the amount of the transaction, and at a certain time, the value can be added back at any time by the user or the owner of the funds. according to bank indonesia circular no.11 / 11 / dasp dated april 13, 2009 regarding electronic money, money can be defined as electronic money if it meets the following elements, namely: (1) issued based on the value of money that has been deposited in advance to the publisher; (2) the value of money is stored electronically in a storage medium such as a server or chip; (3) the value of electronic money managed by the issuer is not a deposit as regulated in the law on banking (rohendi, 2018). it is believed that the role of electronic money will increase, especially if it is related to the issue of global warming and the covid-19 pandemic that has hit indonesia since the end of 2019, because the use of electronic money will reduce the use of paper (paperless) and reduce the means or media of interaction that facilitate the spread of the virus. or disease. it should be understood that even though paper money is called paper money, the basic material itself is not made of paper but of cotton. cotton was chosen as the base material for making banknotes because it is more waterproof and less torn when folded than paper. however, this cotton material has a negative effect on the environment (stambaugh, 2000) . as it is known that cotton waste is classified as a type of organic waste whose effect on the environment is the same as inorganic waste. according to an analysis conducted by the world bank in 2018 on 15 cities in central and western indonesia, it shows that municipal waste consists of various types, 44% of which is organic waste (bank, 2018). this cotton waste must be managed using a landfill system, where with this system the waste will be buried in the ground to produce methane gas which can be used as electricity. but unfortunately, this landfill system requires a large area for landfills, thus affecting the health and environment for the surrounding residents. in addition, by using a landfill system, the soil that was originally clean from rubbish becomes soil mixed with garbage and waste, both organic and inorganic, so that it will affect the quality of groundwater due to waste that seeps into the soil and will cause the accumulation of various diseases in the soil. around the area (sharma & reddy, 2004). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 electronic money itself is planned to be designed in a storage medium such as a card, for example an electronic ktp (e-ktp) where the card contains all the identities of the fund owner including the tax identities. if condensed into one medium like that, it will make it easier for the public as taxpayers because they do not need to carry too many media, such as cards,. if we pay close attention, the implementation of electronic money will indirectly trigger the use of electronic transactions in the trading system in indonesia. in addition, each person must have some kind of electronic device which in the future may be integrated with a cell phone (handphone), in which an application has been embedded in the cellphone so that it can transact with other people. with the implementation of this electronic transaction, data can be automatically recorded so that when a taxpayer makes a transaction, the fiscus can also detect whether the transaction is a buying and selling transaction or just a free gift. if the electronic transaction carried out by the taxpayer is a sale and purchase transaction, on the buyer's side it will be a fund disbursement transaction and on the seller's side it will be a fund receipt transaction. in the electronic transaction of receiving funds, it can be further traced whether it is a tax payable transaction or not, and if it is tax payable, it can be automatically debited for payment of the tax payable. it can be imagined that if this electronic money scheme can be executed properly it will trigger an increase in tax payment compliance because the collection of public funds from tax payments no longer relies on the honesty of taxpayers but can be done automatically in a system. apart from improving tax payment compliance, it can also increase the accuracy and speed of tax payments. because tax payments are carried out automatically by the system, the government can reduce the risk of miscalculations, payments, and reports made by taxpayers so that the cost of administration that must be issued by the government for tax collection can be minimized (yustianti & roesli, 2018). transactions with electronic money will also lead to reduced potential for disputes or confusion over tax regulations. dgt can suppress the gray area which has been frequently used by taxpayers in reducing their tax payments. however, consciously or unconsciously, the government often creates conditions or conditions that allow for such disputes, which lead to disputes between taxpayers and taxis so that it must be resolved to the tax court. the settlement up to the tax court incurs significant costs and time usage. in addition, fiscus often faces a situation where not all people, who should have the obligation to calculate, report, and pay taxes, understand and understand the rules as well as the procedure. if this electronic money is executed properly, all efforts, be it effort, effort, and time, which are issued to resolve this tax dispute can be diverted to other matters that require more attention. potential barriers that arise from the application of electronic money the old chinese saying, yin and yang, says that everything in this world always has two opposing sides, as well as electronic money. as explained above, the application of electronic ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 money actually has many benefits, but on the other hand, it also has potential obstacles that can occur at any time. the main obstacle that must be prepared to face is related to cyber crime. the application of electronic money requires artificial intelligence to run well. cyber crime itself can be defined as a crime in the computer sector, which can simply be interpreted as using computers illegally (bunga, 2019). cyber crime can also be interpreted as a crime that uses computer technology as its main means (wahid & labib, 2005). cyber crime can only be done using cyber technology and can only occur in the cyber world (gunawan, 2020). crime in cyberspace has occurred a lot, especially when the use of the internet has increased in recent years. starting with the simplest level, such as the spread of viruses, malware, and so on, to data theft. even though at that time there were not many electronic transactions, so it can be imagined that if the concept of electronic money was implemented, the government through the national cyber and crypto agency had to continuously strive to ensure the security of data for indonesian citizens. it would be the opposite if the dgt was able to improve tax compliance with taxpayers through the application of electronic money, but on the other hand, the national cyber and crypto agency spends a lot of money to secure the data of indonesian citizens. it should also be noted that the national cyber and crypto agency and hackers are often analogous to diseases and drugs. when a disease appears, scientists will compete to find a cure for the disease. once the drug is found, there will be other diseases or the development of that disease for which scientists must endeavor to find an antidote. another thing that has the potential to hinder the application of electronic money as a means of increasing tax compliance is related to the confidentiality of customer data. as is well known, transaction traffic, especially those involving money, is often referred to as the payment system, using banks as one of the parties. the payment system is a system related to the transfer of an amount of money value from one party to another. banks as a trust financial institution are institutions for storing and managing customer money. one form of bank service and appreciation to its customers is to manage and use customer money as best as possible and to maintain all information data related to its customers. considering the importance of customer data and information and their deposits, law number 10 of 1998 concerning banking, hereinafter referred to as the banking law, is clearly stipulated in chapter vii concerning bank secrecy, where article 40 of the banking law states that banks are obliged to keep confidential information about their depositing customers and their deposits. in line with the provisions on bank secrecy, the financial services authority (ojk) has also issued circular letter number 14 / seojk.07 / 2014 concerning confidentiality and security of data and / or consumer personal information. this circular letter was issued in connection with the enactment of the financial services authority regulation number 1 / pojk.07 / 2013 concerning consumer protection in the financial services ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 sector. in principle, the ojk and pojk circular letters regulate financial service business actors (pujk), including banks, who have an obligation to protect consumer personal data and or information and prohibit, in any way, from providing consumer personal data and / or information. to third parties. however, there are still some conditions that make it possible or oblige banks to open customer data. in fact, banks can even be penalized if they do not provide customer data when needed, one of which is a request for data disclosure from the tax authority, in this case the dgt. 4. conclusion based on the explanation above, the following conclusions can be drawn, namely: many taxpayers feel that the tax imposed on them is unfair because it is too heavy, not comparable to other taxpayers. most taxpayers often feel or assume that way. this is what makes many taxpayers often object to paying taxes which should be their responsibility. on the other hand, the government through the dgt continues to strive to increase tax payments by increasing the tax base, lowering tax rates, and so on, even though taxpayers have the willingness to pay taxes if the imposition of this tax can be carried out equally. if tax payments are linked to electronic transactions, taxpayers will automatically know that one taxpayer has been burdened with the same tax so that tax compliance will also increase. digitalization in all aspects of life will be and is happening, including digitization in the field of taxation. in the near future, big data will be used as a reference in real time monitoring of taxpayers. on the other hand, dgt will certainly continue to strive to improve the ease and simplicity of the tax system, for example in terms of making tax payments easier. this is in accordance with the wishes of the current minister of finance of the republic of indonesia, sri mulyani, who wants tax payments to be as easy as online transactions through various platforms. the use of technology, including in the field of taxation, makes it easier, faster, more precise, and accurate for dgt to obtain data, so that in this case the role of data analysts will be further enhanced. this means that taxpayers have fewer gaps in their efforts to find ways to avoid paying taxes. references bank, w. 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(2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. undang – undang nomor 36 tahun 2008 tentang pajak penghasilan undang – undang nomor 42 tahun 2009 tentang pajak pertambahan nilai barang dan jasa dan pajak penjualan atas barang mewah undang – undang nomor 28 tahun 2007 tentang ketentuan umum dan tata cara perpajakan undang – undang nomor 10 tahun 1998 tentang perbankan peraturan otoritas jasa keuangan nomor 1/pojk.07/2013 mengenai perlindungan konsumen sektor jasa keuangan surat edaran nomor 14/seojk.07/2014 mengenai kerahasiaan dan keamanan data dan/ atau informasi pribadi konsumen surat edaran bank indonesia no.11/11/dasp tanggal 13 april 2009 perihal uang elektronik (electronic money). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 400 fulfillment of human rights by transnational corporations in indonesia: perspective of international norms brigitta raras ayu roesedi 1* , arina bhuana sari isnin harianti 1 , gisca azaria ramadhani 1 1 faculty of law, airlangga university e-mail: * brigitta.raras.ayu-2020@fh.unair.ac.id, arina.bhuana.sari-2020@fh.unair.ac.id, isnin.harianti-2020@fh.unair.ac.id , gisca.azaria.ramadhani-2020@fh.unair.ac.id, abstract leniency in the implementation of rules on the fulfillment of human rights by the government to tnc as an entity in indonesia. this research aims to describe the fulfillment of human rights by transnational corporations in international norms. this research used normative research methods, focusing on the differences that occur in the field (das sein) namely the policy of the government of indonesia in realizing the fulfillment of human rights by tnc, with legal norms that should be implemented (das sollen) namely international norms. the data source used is a primary and secondary data source with a deductive thinkingpattern. the results showed that the state as a duty holder for citizens, is authorized to issue regulations on human rights respect by tnc in order to minimize human rights violations. domestic regulations are necessary to be the attachment of tnc operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally. keywords : internationalnorms, human rights, transnational corporations 1. introduction international business activities have existed since the era of today's ancient kingdom(r. a. ajami, 2020). this is evident from various historical scratches about chinese traders, indian traders, arabs, even europeans who sailed to various partsof the world to trade cloth, and spices, until then the silk road was known(koller, 2004; reid, 2014). the first business entity to conduct business activities on a restructured basis was vereengde oostindische compagnie (voc)(kuruppath, 2019). voc itself is a dutch company founded in 1602 with the main purpose of trading in the asian region. the voc itself is headquartered in amsterdam, and has subsidiaries in at least 3 countries, namely indonesia, india and china, each of which is controlled by the governor-general as the highest leader of the voc in one region(sgourev & van lent, 2015; solar & de zwart, 2017). voc became the first multinational company to be recognized by the international community and also became the first company to have a share sharing system(bruijn, 2011; gelderblom et al., 2013; weststeijn, 2014). in today's international association, companies like voc are numerous and easy to find. almost all large companies now have subsidiaries or affiliated companies abroad, for example, such as fast food restaurant giant mcdonald's, or companies with starbucks coffee outlets, and citibank banking giants such as mcdonald's, starbucks, and citibank in this day and age are referred to as http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:brigitta.raras.ayu-2020@fh.unair.ac.id mailto:arina.bhuana.sari-2020@fh.unair.ac.id mailto:isnin.harianti-2020@fh.unair.ac.id mailto:gisca.azaria.ramadhani-2020@fh.unair.ac.id ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 401 transnational corporations (tnc)(folke et al., 2019; galhera et al., 2020; negus, 2019). john and k. praveen state that sometimes tnc is also interpreted as multinational corporation, even though both have different characteristics(carrascoso, 2012; grewal et al., 2020; morschett et al., 2010). in international association, most international organizations such as, the united nations (un) more often use the terms transnational enterprise and transnational corporation than multinational corporation(centeno, 2021; kühnel & nickel, 2014; wildman, 2021). while in indonesia, elsam as a community study and advocacy institution translates the oecd guidelines for transnational enterprises as multinational companies or mncs (nugroho & suryarini, 2018; “pengaruh intellectual capital terhadap kinerja keuangan,” 2016; wijaya, 2019). this was also confirmed by juajir suardi where juajir mentioned that although the united nations (un) and the organitation for economic coorperation and development (oecd) use the phrase transnational corporations, there is still no difference between tnc and mnc(sumardi, 2021). pis basically, all business entities have a responsibility to maintain the environment in which they conduct business activities,considering their presence is real in the community. the accountability committed by companies has been affirmed in the oecd guidelines to transnational corporations. according to the oecd, companies are said to be responsible for at least upholding the human rights of both workers and communities, committed to safeguarding the environment, and committed to combating bribery(oecd, 2015, 2018). not only the oecd, which also shelters under the un flag, the global compact (ungc), also affirms the same in the 10 global compact principles(mattera & alba ruiz-morales, 2021; orzes et al., 2020). if viewed carefully, both the oecd guidelines and the ten principles of ungc have one common goal, which is to ensure all business entities strive to increasingly respect human rights and society, both individually and in groups, both directly and indirectly. aside from the oecd and ungc, guidance for transnational corporations is also issued by the united nations itself through the un norms on responsibilities of trnasnational corporation with regarding on human rights (un norms). in un norms,all transnational corporations and all other cross-border business entities are required to respect human rights(andrews, 2019; miretski & bachmann, 2012). un norms is an international customary law used as a reference in the regulation of tnc governance. although un norms do not have clauses governing sanctions, they have morally binding powers due to their nature as customary laws. t nc's obligations and responsibilities in respecting human rights, such as those mandated in the un norms, oecd guidelines and ungc guidelines, should not be difficultto do, considering http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 402 that the target of human rights fulfillment in question is the community around tnc's own business activities(buhmann, 2018; halpern, 2008). indonesia as a state actor, has made several efforts to fulfill the basic rights of the people, or human rights initial efforts were made by passing law no. 39 of 1999 on human rights, which also became a turning point in human rights enforcement in indonesia. after 2000,there were several articles that regulated the behavior of companies, especially foreign companies in indonesia. as in law no. 25 of 2007 tentanginvestment (uupm), and law no. 40 of 2007 on limited liability companies (uupt)(et al., 2016; siregar, 2020). unfortunately this only applies with the note, that tnc operating in indonesia has qualified as a company according to uupt and uupm. in article 15 of uupm there is a clause that requires foreign companies to carry out social and environmental responsibilities. also in article 74 of the uupt also requires foreign companies to carry out social and environmental responsibility. in 2012, the government supplemented the rules by passing government regulation no. 47 of 2012 on social and environmental responsibility. but again corporate social responsibility is only referred to as pemerintah as a moral burden of the company as a form of human activities in the field of business and is a mandatory thing that must be carried out by limited liability companies.(adamus, 2020; hendrawan et al., 2020; travis, 2019) there is no further explanation of the practical limitations of the implementation of social responsibility. nor was it found about the breach clause on the implementation of the fulfillment of social responsibilities in the company's daily operations. even in government regulations there are no sanctions for violations of the implementation of social responsibility. 2. research methods this research is studied with normative research methods, focusing on the differences that occur on the ground(das sein)which is the policy of thegovernment of indonesia in realizing the fulfillment of human rights by tnc, with legal norms that should be implemented (dassollen)namely international norms. the data source used is a primary and secondary data source with a deductive thinking pattern(binney, 2012; charney, 1983; r. suleymanov & a. valeeva, 2019). primary data sources are taken from several international norm such as united nation norms on responsibility of transnational enterprises with regards on human rights, oecd guidelines on multinational enterprises, code of conduct for multinational enterprises, 10 principles of united nation for glbal compact. as well as laws and regulations such as, law no. 39 of 1999 on human rights, law no. 25 of 2007 on investment, law 40 of 2007 on limited liability companies, and government regulation no. 47 of 2012 on corporate social and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 403 environmental responsibility(hadi & setyawati, 2020). while secondary data will be taken from legal and non-legal opinions obtained from library materials to provide guidance and explanation of primary legal materials obtained from literature, articles / papers, legal research, and expert opinions related to the fulfillment of human rights by transnational corporations in indonesia. primary and secondary data are collected by conducting literature studies, which are then analyzed qualitatively to be able to answer the problems that are the subject of research. the shortness used is the approach of international norms and indonesian laws and regulations. the results of the study are presented in an analystical descriptive explanation to facilitate comprehensive understanding. 3. result and discussion in uii's book human rightslaw, subjects in human rights can be divided into 3, namely, states as stakeholders, non-state actors as stakeholders, and non-state actors as recipients of rights. both states and non-state actors have their respective roles in conducting efforts to protect, fulfill, and uphold human rights. in addition, each actor also has their own accountability in terms of human rights(andrey sujatmoko, 2009). the state is a major international subject in international association. it is also the basic logic of why the state becomes a major actor in human rightslaw(prameswari, 2019). the role of the state is concerned with human rights, not far from the efforts of respect, protection and fulfillment of human rights itself (roesli et al., 2017). the obligation to respect, protect and fulfil human rights by the most basic state is addressed to its citizens. indonesia, as a state actor, in its implementation passed law undangnumber 39 of 1999 on human rights which became the basis of human rights arrangements in indonesia. in addition to placing human rights specifically in the constitution and its implementing regulations, the state is also present in fulfilling its obligations by presenting the human rights court and the national human rights commission (komnas ham). the establishment of these two institutions aims to guarantee the human rights of indonesian citizens for human rights violations for possible human rights violations that will occur. non-state actors include international organizations that do not actually play a direct role in the establishment of human rights regulations, however, ngos encourage the birth of various regulations on the protection of human rights. ngos can offer a variety of regulatory options to the government through other points of view from the government. in everyday life, ngos move independently to provide education to the public about the rights they have and provide assistance to the community to facilitate the rights they should get(moerland & nelen, 2018). ngos can also be a mass mover to be able to supervise the running of the government to stay on track, in other http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 404 words avoiding corrupt behavior. thepresence of ngos is expected to bring benefits such as being able to provide scientific opinions from experts about the field pursued, and ngos are expected to voice the aspirations and interests of a group of people or countries in large numbers. the debate takes place when non-state actors are added transnational corporations to it. there is a sense of discontent from the international community over human rights violations that are directly or indirectly committed by transnational corporations. this insistence is also due to the limitations of the state regulating the behavior of transnational corporations. in addition, the uncertainty of the legal position of transnational corporations to speak in court is also an obstacle in the enforcement of human rights. in fact, in the universal declaration of human rights in 1948 it has been stated that every entity in society has a role to uphold human rights. it is fitting that transnational corporations are fully responsible for fulfilling the human rights of the citizens in which they operate.. transnational corporation itself is a company that has a position in a country but operates and runs its company based on the laws and customs of other countries. tnc can also be said to be a company that has one nationality by operating in various countries(holzer, 2020). riad a. ajami said in defining tnc it will be difficult to find a suitable order, this is because the understanding of tnc will depend on the type of tnc itself(r. ajami, 2021). in the investment act of 2007 will not be found about the understanding of tnc. tnccan be found by looking at the understanding of foreign investors. according to article 1 point 6 of the investment law of 2007, those referred to as foreign investors are individuals of foreign nationals, foreign business entities and/or foreign governments that invest in the territory of the republic of indonesia. while in article 1 point 3 of the investment law, foreign investment is the activity of foreign investment to do business in the territory of the republic of indonesia conducted by foreign investors both using foreign capital fully and in connection with domestic investors. the second statement of the foreign investment law above can be a reference to equate tnc with foreign investors. this is because tnc invests in indonesia to open its subsidiaries, and the capital brought by tnc mostly brings capital from outside indonesia. thus tnc engaged in indonesia must maintain the rules of the game in the investment law. at this time the tnc does not have certainty whether it can be said to be the holder of obligations in terms of human rights. the experts have their own views. according to denis g. arnolds, tnc deserves to be called acorporate morale agent who is able to be a master of duties and responsibilities (morally) for its activities because multinational companies have internal decisions that states(arnold & valentin, 2013). in addition, if indeed the corporation is able to reassess past decisions and current practices and strategies, determining which corporate needs still http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 405 have to be implemented or overhauled or reduced as an alternative plan, it means that this tnc has been able to assume responsibility as a stakeholder in human rights obligations. another case with patricia h. werhane, who provides an objective view of the presence of tnc as an entity that has responsibility for human rights. werhane stated that it could actually be that a tnc could be burdened with responsibility for human rights, but not because it is governed by applicable law or its position that is equated with legally capable individuals, but because of the formation of social expectations(werhane et al., 2006). social expectations can occur due to the reciprocal relationships created when tnc is allowed to operate in the community. and in return for allowing tnc to operate, the company can provide local community jobs, build public facilities either for the local community or for its workers and others. john ruggie explained that there is a strong relationship between business activities carried out by multinational companies and the fulfillment of public rights. ruggie said there are three important things, namely the obligation of the state to protect, the obligation of the corporation to respect, and the obligation to provide access to rehabilitation of the condition(mccorquodale, 2009; ruggie, 2008). his statements are based on truths in which aspects of human rights are often sidelined or even ignored in the policy-making that shapes business behavior. in 2011, the oecd published its guidance to tnc in order to conduct its business activities responsibly globally. the oecd in its guidelines calls on tnc to pay more attention in the areas of labor and industrial relations, the environment, preventing bribery, consumer interests, science and technology, business competition, and taxation(buchholtz, 2020). this is done by the oecd to ensure tnc's business activities are in line with government public policy and strengthen the relationship between tnc and local communities, as well as help the investment climate and increase tnc contributions to achieve sustainable development.. another rule addressed to tnc is the united nations norms on the responsibility of transnational corporation and other business enterprises with regard to human rights (un norms), with document number e/cn.4/sub.2/2003/12/rev.2 dated august 26, 2003. in the opening section it is explained that in reality tnc has the capacity to help the economy, development, technological progress, and income as well as transnational corporations have the ability to cause great influence in terms of human rights, as well as the lives of many people through business activities such as work systematics, policies related to the environment, relations with consumers and suppliers, relations with governments, and other things. at the next point, it is mentioned that international human rights issues always arise, and in fact tnc is often involved in the problem, causing the need for standardization arrangements for now and in the future. based on the two considerations, the united nations finally stated that the tnc along with all parties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 406 involved in it have an obligation to be responsible for human rights as stipulated in the un norms,and un norms will contribute to creating and developing international law. despite the refusal to be adopted into the applicable rules, un norms became a reference to assess whether tnc's behavior has respected human rights. in general, un norms affirm that every country has an obligation and even responsibility to ensure and ensure the fulfillment of respect for, and protection of human rights of its citizens as stipulated in international law, including ensuring that tnc activities in its jurisdiction carry out the same. in addition, the tncalso affirms that it has the same obligation and even responsibility in ensuring and ensuring the fulfillment, respect, and protection of human rights as stipulated in international law and national law including the rights of indigenous peoples.. not only did the united nations and the oecd issue tncbehavioralrecommendations, the united nations for global compact, which is one of the un organs, also issued tnc behavioral recommendations. this recommendation is called the ten principles(bäumlisberger, 2019; gilbert & behnam, 2013). in these principles there are four main things listed, namely human rights, standardization of workers, the environment and anti-corruption regulations. tnc has not officially become a subject of law that has a state-like position in international law. but morally the tnc must respect human rights for the sake of a sustainable economy.. as a country, indonesia has not officially tied itself to an international norm governing human rights and business. but it should be remembered that by passing law no. 11 of 2005 on the ratification of the international covenant on economic, social, and cultural rights and law no. 12 of 2005 on the ratification of the international covenant on civil and political rights, indonesia has been bound to implement respect, protection, and enforcement of human rights for its citizens. states, executive and legislative together, have a responsibility to ensure respect, protection, and enforcement of human rights on their territory remains in place. implementing the ratification of the two covenants urgently requires practical policy policies that place clear limits on good and bad behavior that could risk causing human rights violations. it does not rule out the possibility that human rights violations themselves are committed by business entities. constitutionally, the law of the republic of indonesia after amendments has comprehensively protected the human rights of citizens through article 28. in addition, normatively, indonesia has protected human rights with the issuance of the human rights act of 1999, as well as other laws as ratification of international instrumentson human rights. the human rights act has explicitly written that states have a responsibility to respect, protect, and uphold human rights throughout indonesia(qudus, 2020; yuniarti, 2019). although normatively indonesia already has many rules on human rights, in terms of implementation indonesia still has http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 407 shortcomings. indonesia still lacks implementation instruments, so in terms of implementation of human rights protection is still less than optimal.. this is felt when the implementation of human rights enforcement can only be felt by the presence of law no. 26 of 2000 concerning the human rights court. the rest is just a basic rule of description of rights. this lack of operational rules led to a lack of structured institutions, and a lack of an administrative policy to ensure the provisions of the basic law were implemented, particularly in this case chapter x a, consistentlyla. the presence of komnas ham which is predicted as an enforcer of human rights itself has weaknesses, namely its duties and functions only revolve around investigation, monitoring of the implementation of human rights and providing studies and advice to state bodies on the implementation of human rights. even by the united nations, human rights protection obligations are still imposed on states, even in the event of violations caused by third parties, which in this case are companies. in carrying out its obligations, states may take steps by issuing discretionary measures to grant obligations to the company to respect human rights. other implementations of the role of the state are exemplified by issuing various laws aimed at the company to respect and protect the human rights of the community as workers(juwita, 2018). the laws include law no. 39 of 1999 on human rights, law no. 13 of 2003 on employment, law no. 21 of 2000 on trade unions/trade unions, uupt, uupma, law no. 32 of 2009 on environmental protection and management, law no. 40 of 2004 on national social security system. this is intended so that there are no violations of human rights by the company, there is no marginalization of the community due to the presence of the company, and so that the community continues to actively participate in the economy, even with the presence of the company. in 2020 the government has also passed law no. 11 of 2020 on copyright work which also has an implentation for the protection of human rights from the state to its citizens.. attributed to the activities of companies, especially tnc, the greatest role in the protection and fulfillment of human rights is still in the hands of the state through its administration of any business entity cannot be solely charged the responsibility of protecting human rights in the absence of clear implementing rules. with its power, the government should be able to take advantage of it by issuing rules that can give responsibility tobusinesses, including tnc,to respect humanrights. what's more, internationally the united nations has issued a guide aimed at all countries to uphold human rights in their respective regions. the guidelines are the united nations guiding principles on business and human rights or ungp. ungp itself is divided into 3 parts, namely the first part contains the obligation of the state to protect human rights, the second part on the obligations ofthegovernment, both tnc and domestic companies, to respect human rights, and the third part is the obligation of the company http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 408 and the state to ensure the availability of access to recovery to victims of human rights. the second and third pillars that should be utilized by the government to impose the responsibility of respectinghumanrightsto companies, especially tnc. although the form of ungp itself is still a guide, but if the government implements it into domestic rules, then the company can no longer avoid that human rights is one thing that must be considered. in ungp the role of the company is limited to respect only, because when the company respects human rights. broadly speaking, ungp expects companies to be able to respect human rights while avoiding any possible human rights violations that can occur in the future, regardless of the magnitude or smallness of the company.. the united nations also states that the role of states and companies simultaneously is important in terms of the recovery of circumstances due to human rights violations. this includes seeking access to victims of human rights violations legally and non-legally. in the early part of ungp,the united nations had stated that human rights violations due to the business activities of a company are not solely the responsibility of the state to improve. but it would be wrong when the state is negligent in ensuring the rights of its citizens are not fulfilled and even violated. from the above exposure that needs to be underlined is about how the state and the company run together and balanced in ensuring the community, especially the local communityarakat the company is active, fulfilled its rights and not violated. exemplified, the government has issued regulations on employment through law no. 13 of 2003 on employment. so in order to run simultaneously, the company can issue company rules on the age limit of workers as an effort toeliminate the form of work for children(juwita, 2020). which is an effort by the government to protect the human rights of children, and the company's efforts to respect the rights of children.. thereare many rules both internationally and nationally on how tnc should act without harming human rights, especially the local communities they operate. but in reality, the fulfillment of human rights is still not maximal. in this case there are three things that should be highlighted about the constraints of lackof the role of states and companiesin protecting, respecting human rights. the first is that all existing international rules are guided only, so that states have no obligation to implement them into a domestic implementing rule. the awareness and willingness of each country is indispensable to taking the international guidelines as the rules that live within its territory. in addition, although the international guidelines on norms of corporate conduct are issued by official un bodies, they do not come with rules of implementation that also include sanctions and clauses stating such agreements or rules are binding on the parties as appropriate. in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 409 other words, the nature of these norms is the maximum obstacle to the protection of human rights over business activities. the second thing that stands in the way is the lack of regional rules that explicitly govern the role and responsibility of the tnc in relation to human rights. because the nature of these guidelines is the awareness and willingness of each state. very few states consciously and voluntarily adapt the guiding principles into their regional rules. the lack of firm mention of the position of tnc in termsof human rights is also related to the ability of the company to carryout obligations. this is because the main purpose of tnc is to seek to benefit from natural resources, not to protect human rights.. in indonesia, there is no law that specifically regulates the obligations or responsibilities of companies to human rights. the rules on respect for human rights are discussed only a little in the uupma and uupt, even as it is only limited to the statement that companies must carry out social and environmental responsibilities, and respect the traditions of the local community. there is actually an implementing rule on social and environmental responsibility, namely government regulation no. 47 of 2012 on social and environmental responsibility (pptjsl). in pptjsl corporate social responsibility is also referred to by the government as a moral burden of the company as a form of human activities in the field of business and is a mandatory thing that must be carried out by limited liability companies. but when observed, in pptjsl there is no definite definition of what social and environmental responsibility is, and to what extent responsibility should be implemented. the purposeof tanggung social answer is stated in the general explanation of government regulations, to realize sustainable economic development to improve the quality of life and the environment. the employment act of 2003 and the copyright act can also be indicators of whether the state has seriously taken human rights in the employment secktor. the employment act of 2003 has been considered proposional, especially since the employment act of 2003 recognizes the tripartite system. the tripartite system itself is advocated by the ilo to encourage a balance of roles between government, employers and workers in the establishment of work regulations to create a healthy working environment. but unfortunately in article 81 of the copyright act of 2021, the tripartite system is amineized so that the role of workers is no longer central in the making of regulations, such as the establishment of a regional minimum wage(suntoro, 2021). the work copyright law that the public hopes can cover the weaknesses of the labor law actually increasingly protects the interests of the company and protects the interests of workers. this can be a factor in the difficulty of workers, employers and governments difficult to consolidate, and can trigger human rights violations in practice later. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 410 the lack of optimal domestic arrangements on the responsibilities of tnc in relation to human rights due to the country's fear of the prolonged effects of the sentencing of companies. one of them is the fear offacing negativeeconomic impacts, such as the decline in state foreign exchange from corporate taxes. whereas companies in particular tnc have the obligation to submit to applicable national laws. there is a loophole in this regional rule that makes companies, especially tnc commit various violations, including human rights violations. the third is the disparity in society. disparities in society cause differences in treating one society with another. although the company is only responsible for the surrounding community, it does not rule out the possibility that there will be a difference in the treatment carried out by the company in fulfilling its obligations in fulfilling human rights. in the face of disparities, the government must also be present, because the presence of the state through its government becomes a marker of the country is a sovereign state. the presence of the state is not always about the state taking part in the implementation of human rights, but it can be the reach of national laws and national policies that guarantee the human rights of citizens.. in indonesia itself, the country still hasto fight hard to prove the government's presence inprotecting the human rights of its citizens. this is because there are still many victims who are far apart due to the lack of maximum efforts of the indonesian government in protecting human rights. the victims referred to here are not only fatalities that must be lost, but also environmental damage, forest loss, extinction of several types of animals and plants due to business activities. the victim will always be there when there is a violation. protection from the state is a obligation.. 4. conlusion international norms related to human rights and business activities are only softlaws that are only in the form of behavioral guidelines, and have no provisions on violations. the application by each country is also not a necessity. although it has been explicitly written about the practical limits of good and bad behavior, in the absence of enforcement instruments, international norms cannot be strictly applied. the state as a member of the obligation to protect human rights(duty holder)for citizens, is authorized to issue regulations on human rights respect by the tnc in order to minimize the occurrence of human rights violations. domestic regulations are necessary to be the attachment of tnc operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally.. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 411 references adamus, r. 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(2019). perlindungan hukum data pribadi di indonesia. business economic, communication, and social sciences (becoss) journal. https://doi.org/10.21512/becossjournal.v1i1.6030 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 220 issn print 2086-6852 and issn online 2598-5892 efforts to settle disputes on employee severance pay in companies according to the manpower act no. 13 of 2003 dela ayu septia monica, sri anggraini kusuma dewi, gesang iswahyudi faculty of law, merdeka university surabaya e-mail: monicadella000@gmail.com article history: received: july 27, 2022; accepted: agustus 29, 2022 abstract disputes or disputes can occur in every human relationship, even considering that legal subjects have long known legal entities, the more parties involved in them. the purpose of this study is to resolve disputes regarding severance pay between workers, laborers and employers. research methods the used by the author in conducting this research is using a sociological empirical method. the empirical sociological method is a research that views law as a social phenomenon. meanwhile, from its nature, this rese arch is a descriptive analysis research. descriptive method can be interpreted as a problem solving process that is investigated by describing or describing the state of the subject or object of the researcher, namely: a person, institution, community and others, and at the present time based on the facts that appear or as they are. results according to article 1 point 16 of law number 13 of 2003 concerning manpower, industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on values. values of pancasila and the 1945 constitution of the republic of indonesia. thus, industrial relations are defined as the relationship between all parties with an interest in the process of producing goods or services in a company. the party with the most interest in the success of the company and in direct daily contact is the entrepreneur or the management with the workers/labourers. keywords: employment, workers, severance pay, disputes, uud 1. introduction a person who works for another person contains elements of orders, wages and time, there is an employment relationship. this work relationship occurs between the worker or laborer with the employer and is individual in nature (robinson, 2003). in the process of carrying out this work, both parties each have rights and obligations that must be fulfilled as a result of the employment relationship. the rights and obligations attached to individuals then develop into collective rights and obligations. generally, workers or laborers are in a weaker position than the employer or employer. therefore, the nature of this collectivity is then used as a means to provide protection for workers or laborers in order to get good treatment and obtain their rights fairly (perdana, 2021). the worker or laborer performs work under the orders of the person who pays his salary. the worker's rights appear simultaneously when the worker or laborer binds himself to the employer or employer to do a job, an example that can be seen immediately is the right to wages. this worker's right only exists when someone becomes a worker, this right is attached only to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 221 issn print 2086-6852 and issn online 2598-5892 those who work, when that person is no longer a worker, the rights that once existed on him will automatically disappear (manning & roesad, 2007). disputes or disputes can occur in every human relationship , even considering that legal subjects have known legal entities for a long time, there are more and more parties involved in them. with the rapid development of the style of life, the scope of events or disputes will also be wider. among those that often get the spotlight are industrial relations disputes. industrial relations disputes usually occur between workers and employers or between trade unions and organizations in the company. of the many incidents or incidents of industrial relations disputes or disputes, the most important is the solution for the settlement which must be completely objective and fair and impartial (israhadi, 2020). settlement of industrial relations disputes can basically be resolved by internal/own parties and can also be resolved with assistance from third parties, either provided by the state or from the parties themselves. in a modern society that is accommodated by a public power organization in the form of a state, the forum provided by the state for the resolution of disputes or disputes is usually the judiciary. judicial institutions, namely, if industrial relations disputes are resolved in the industrial relations court, this does not rule out the possibility that they can also be settled out of court as described previously (probokusumo, 2022). according to article 1 number 16 of law number 13 of 2003 concerning manpower, industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers, and the government based on the values of pancasila. and the 1945 constitution of the republic of indonesia (vogel, 2003). thus, industrial relations are defined as the relationship between all parties with an interest in the process of producing goods or services in a company (rahmatsyah, 2019). the party most interested in the success of the company and in direct daily contact is the employer or management with workers. and based on article 136 paragraph (1) of law number 13 of 2003 concerning manpower, it is explained that the settlement of industrial relations disputes must be carried out by employers and workers or labor unions by deliberation to reach consensus (pratikno, 2019). it is further explained in article 3 of law number 2 of 2004 concerning settlement of industrial relations disputes, that the settlement of industrial relations disputes must be resolved first through bipartite negotiations consisting of elements of employers and workers carried out by deliberation to reach consensus. the period of settlement through bipartite is a maximum of 30 working days from the date of commencement of negotiations (hamid, 2021). however, in reality, efforts to settle industrial relations disputes through the bipartite mechanism often fail, which is usually caused by employers who stick to their stance or workers who feel that they are still not satisfied with the outcome of the negotiations. so if this happens, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 222 issn print 2086-6852 and issn online 2598-5892 employers and workers can settle industrial relations disputes through other procedures that have been regulated by law (roesli et al., 2017). based on law number 2 of 2004 concerning the settlement of industrial relations disputes, it is explained that if negotiations through the bipartite mechanism fail, then one or both parties can register the dispute to the agency responsible for the local manpower sector by attaching evidence that the settlement efforts through bipartite negotiations have been carried out, then the agency responsible for manpower affairs is obliged to offer to the parties to agree on choosing a settlement through conciliation or through arbitration (hanifah, 2022). if within 7 working days the parties do not make a choice, the agency responsible for manpower affairs delegates the settlement to the mediator. 2. research methods the method used by the author in conducting this research is using a sociological empirical method. the empirical sociological method is a research that views law as a social phenomenon. meanwhile, from its nature, this research is a descriptive analysis research. descriptive method can be interpreted as a problem solving process that is investigated by describing or describing the state of the subject or object of the researcher, namely: a person, institution, community and others, and at the present time based on the facts that appear or as they are. 3. results and discussion efforts to settle industrial relations disputes regarding severance pay severance pay is a sum of money that must be paid by the employer or company to the workforce or its employees. where this severance pay will be given when the work period has ended or the employment relationship is terminated by the company. severance pay is not the same as pension. so, when you as an employee have ended their working period, you can receive severance pay as well as pensions. it's a different story if an employee is laid off, then he will only receive severance pay, without a pension as compensation. business owners must understand the provision of this fee. one way to manage severance pay can be assisted by having an online hris. likewise, workers must understand and do not have to worry about not getting a service fee during their working period (gaffar et al., 2021). this is because everything has been officially regulated in the calculation of pension severance pay, law number 13 of 2003. for more details, let's look at the laws and regulations governing the calculation of severance pay, pensions (service awards) and wages (right replacement money). 1. legislation governing the calculation of severance pay http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 223 issn print 2086-6852 and issn online 2598-5892 as previously mentioned, law number 13 of 2003 has already regulated everything. however, for more details, the regulations are divided into certain articles or points as below. • article 156 paragraph 1 contains the obligation of business owners to pay severance pay and/or gratuity for years of service (pension) as well as compensation for entitlements that should be received by workers. • chapter xii regulates everything related to termination of employment (phk) by the company or employer. • article 150 regulates the obligation of employers or employers to provide severance pay for workers or employees in the event of layoffs. the employer in question can be in the form of bumn, business entity, legal entity or others who employ people in exchange for wages or others. there is a change in the calculation of severance pay, not in the value or amount but in the period of service. according to the omnibus law, this new regulation of the job creation act makes it easier for companies to pay severance pay, but still mandates to minimize layoffs. the change in question is the factor of severance pay. previously, the severance pay factor was 1-2 times, now it is 0.5-2 times. for severance pay, according to the job creation act point 44 is a revision of article 156 of the manpower law, as follows: a. amount of severance • working period of less than one year, receiving severance pay equal to one month's salary • for working period of more than one year but less than two years, receiving two months' salary • two years more but less than three years, receiving three months' salary • three years more to less than four years, receiving four months of salary • four years to less than five years of work, receiving five months of salary • five years to less than six years of service, receiving six months of severance pay • six years to less than seven years of service work, the severance pay is seven months of salary • seven years to less than eight years of work, receive severance pay of eight months • eight years of service and more, receive severance pay of 9 months b. work period award • 3 years of service to less than 6 years, receiving an award/pension of 2 months salary • 6 years of service to less than 9 years, receiving 3 months of salary • 9 years of service to less than 12 years, earning 4 months salary • 12 years to less than 15 years, 5 months salary • 15 years to less than 18 years, 6 months salary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 224 issn print 2086-6852 and issn online 2598-5892 • 18 years to less than 21 years, 7 months salary • period working 21 years to less than 24 years, receiving 8 months of salary • meanwhile for a period of service of 24 years or more, receiving 10 months of salary c. entitlement reimbursement (uph), includes: • annual leave that has not been used and is still valid • cost of accommodation for workers and their families to go to the area where they are accepted to work • various points contained in the work agreement or applicable company regulations changes in the time factor in the calculation of severance pay based on employment creation law by taking into account the reasons for the layoffs. in this regard, the changes include: • multiplied by 0.5: layoffs are caused by changes in work conditions due to the company being taken over so that workers do not want to continue their work, there is efficiency due to the company losing money, operations are stopped due to continuous losses or not within two years , for reasons of force majeure, the company loses money and is delaying debt payments, workers' violations, the company goes bankrupt. • multiplied by 0.75: this can happen if the company is in a force majeure condition but does not stop operating or closes. • multiplied by 1: workers do not want to continue working because of the merger of companies, the company is taken over, performs efficiency to prevent losses, closes and delays debt payments, but not because of losses, there are acts of violence, threats or abuse and so on that are carried out by employers so that employees ask to be laid off. • multiplied by 1.75: this is done when the employee has entered his retirement period. • multiplied by 2: if a worker in the absence of presence is sick for a long time or has an accident and causes disability so that he is unable to work for up to 12 months, as a way to calculate the employee's death severance pay. the severance pay is automatically handed over to the heirs. if the working period ends due to termination of employment other than the reasons mentioned above, the company is not obliged to provide severance pay. for example, when a worker stops working voluntarily, violates a work agreement or company rules, it could also be because the worker has committed a criminal act. 2. bipartite settlement of industrial relations disputes regarding severance pay according to the manpower act number 13 of 2003. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 225 issn print 2086-6852 and issn online 2598-5892 basically every industrial relations dispute must be settled bipartitely before reaching the level of the industrial relations court. bipartite is a negotiation between workers/ laborers or trade unions/ labor unions with employers to settle industrial relations disputes. bipartite negotiations are regulated in articles 3 to 7 of law number 2 of 2004 concerning settlement of industrial relations disputes. due to the failure of bipartite efforts made between workers and employers, the parties or one of the parties can take alternative settlements, namely mediation, conciliation, and arbitration. the potential for termination of employment at the company is due to various indicators of the cause, including the following: 1. some workers who have committed serious violations have deviated greatly from the existing regulations in the company such as committing criminal acts of stealing cables, copper, immoral acts, and other serious offences. 2. workers take actions that are quite dangerous for the sustainability of the company, namely smoking in the plastic production section which can cause fires in the factory/company. based on some of the definitions of the dispute above, basically a dispute is a conflict or conflict caused by a dispute or a discrepancy in understanding or due to inappropriate interests or rights fulfillment so that it can cause harm to one party. disputes when related to activities related to employment relations are known as industrial relations disputes. the first step that must be taken to resolve the existence of industrial relations problems is to hold deliberation to hold bipartite negotiations. settlement through bipartite disputes in industrial relations must be resolved first through bipartite negotiations by deliberation to reach consensus. this means that before the disputing parties invite a third party to resolve the issue between them, they must first begin the negotiation stage of the parties, which is commonly referred to as the bipartite approach. based on article 1 paragraph 10 of law number 2 of 2004, bipartite negotiations are negotiations between workers/ laborers or trade unions/ labor unions with employers to settle industrial relations disputes. settlement of disputes through bipartite is regulated in the provisions of articles 3 to 7 of law number 2 of 2004. settlement through bipartite negotiations must be completed no later than 30 (thirty) working days from the date of commencement of negotiations (lebergott, 1964). if within a period of 30 (thirty) days one of the parties refuses to negotiate or negotiations have been carried out, but do not reach an agreement, then the bipartite negotiations are deemed to have failed. minutes of every bipartite negotiation must be drawn up, signed by the parties. minutes of negotiations must at least contain the following: a. full names and addresses of the parties; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 226 issn print 2086-6852 and issn online 2598-5892 b. date and place of negotiation; c. the subject matter or reason for the dispute; d. opinions of the parties; e. conclusions or results of negotiations; f. the date and signature of the parties conducting the negotiations. (darwis anatami, settlement of termination of employment (phk) outside industrial relations, 2015: 301). if the bipartite negotiations succeed in reaching an agreement, a collective agreement is made that is binding and becomes law and must be implemented by the parties. this collective agreement must be registered by the parties entering into the agreement at the industrial relations court at the district court in the area where the parties entered into the collective agreement. in the event that the collective agreement is not executed by one of the parties, the aggrieved party may apply for execution at the industrial relations court at the district court in the area where the collective agreement is registered to obtain an execution determination. in this law, what is meant by manpower is all matters relating to the workforce before, during, and after the work period. meanwhile, the workforce is everyone who is able to do work to produce goods and/or services both to meet their own needs and for the community. every worker has the same rights and opportunities to choose, get, or change jobs and earn a decent income at home or abroad. the placement of workers is carried out based on the principles of being open, free, objective, fair, and equal without discrimination. employers who employ workers with disabilities are required to provide protection according to the type and degree of disability. employers are also prohibited from employing children, female workers who are less than 18 (eighteen) years old are prohibited from being employed between 23.00 to 07.00 and are also prohibited from employing pregnant women workers who, according to a doctor's statement, are dangerous for the health and safety of their womb and themselves if they work between 23.00 hours. until 07.00. every worker has the right to earn an income that fulfills a decent living for humanity. termination of employment due to retirement age the provisions governing the right to terminate employment due to entering retirement age related to the implementation of the pension program are specifically regulated in article 167 (martikainen et al., 2021). basically this article intends to regulate that workers who have been enrolled in the pension program are only entitled to a larger amount of the pension benefits or guarantees. (after deducting the set of employee contributions and the results of their development, if any), and 2 times the severance pay plus 1 time the service award plus compensation for entitlements. however, the formulation is less clear and confusing, so it has the potential to give http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 227 issn print 2086-6852 and issn online 2598-5892 rise to various interpretations that can become a source of dispute. what kind of interpretation is correct, this will be studied. before doing that, the following is a complete presentation of the contents of article 167 paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5): retirement age and if the entrepreneur has included the worker/labourer in a pension program whose contributions are fully paid by the entrepreneur, then the worker/labourer is not entitled to severance pay in accordance with the provisions of article 156 paragraph (2), the service period award is in accordance with the provisions of article 156 paragraph (3) , but is entitled to compensation money in accordance with the provisions of article 156 paragraph (4). in the event that the amount of the guarantee or pension benefit that is received at once in the pension program as referred to in paragraph (1) is in fact less than the amount of severance pay 2 times the provisions of article 156 paragraph (2) and the service period award 1 times the provisions of article 156 paragraph (3 ), and compensation for entitlements in accordance with the provisions of article 156 paragraph (4), the difference is paid by the entrepreneur. in the event that the entrepreneur has included the worker/labourer in a pension program whose contribution/premium is paid by the entrepreneur and the worker/laborer, then the severance pay is calculated, namely the pension whose premium/contribution is paid by the entrepreneur. the provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) may be regulated otherwise in a work agreement, company regulations, or collective work agreement. in the event that the entrepreneur does not include the worker/labourer who is terminated due to retirement age in the pension program, the entrepreneur is obliged to provide the worker/laborer with 2 times the severance pay as stipulated in article 156 paragraph (2), the service period reward 1 times the provision in article 156 paragraph (2). (3), and compensation for rights in accordance with the provisions of article 156 paragraph (4). “successful” retirement guarantee or benefit – article 167 as it is known that based on law number 11 of 1992 concerning pension funds (pension fund law), in principle, pension benefits must be paid on a monthly basis. only up to a limit of 20% is allowed to be paid in one lump sum and that too is based on the choice of the worker/labourer. can the sentence "... which is received at once ..." in paragraph (2) then be interpreted to mean that only the 20% is used as a basis for comparison? if the worker/labourer chooses not to receive the first 20% payment of the pension benefit at once but chooses to pay it all on a monthly basis, then the existence of this paragraph (2) will not work. why ? because there is no part of the pension benefits that can be used as a basis for comparison (all are received on a monthly basis). thus, in addition to receiving pension benefits, workers/labourers will also receive http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 228 issn print 2086-6852 and issn online 2598-5892 2 times severance pay plus 1 time service award plus compensation for entitlements. this fact is inconsistent with paragraph (1) where workers/ laborers are only entitled to compensation for entitlements. thus, perhaps the correct interpretation of the formulation of paragraph (2) is that all (100%) guarantees or pension benefits that are the rights of workers/laborers are used as the basis for comparison, not only the 20%. what about defined benefit pension plans that use a monthly formula? although it is not regulated, to find out the amount of guarantee or pension benefit that will be used as a basis for comparison, an actuary can easily calculate it, namely the present value of the series of guarantee payments or monthly pension benefits in question. workers participate in paying contributions – article 167 paragraph 3 regarding this paragraph (3), although the formulation seems to be only for defined contribution pension plans as described in the explanation of the manpower act, this does not mean that this paragraph cannot be applied to defined benefit pension plans. for information, the pension fund law recognizes 2 types of pension plans, namely defined benefit pensio n plans (programs whose benefits are determined in advance, both those that use a lump sum formula – for example the provision of severance pay and long service awards, as well as monthly formulas – such as pensions. civil servants), and a defined contribution pension plan (a program whose contributions are determined in advance – identical to the savings or old-age insurance program from jamsostek). the meaning contained in paragraph (3) is that workers/labor contributions are not part of the pension benefits that can be used as a basis for comparison. so it must be reduced first. meanwhile, the meaning of “workers/labor contributions” should not be the principal of the contribution alone, but includes the results of its development. the sentence "... severance pay ..." in paragraph (3) can also cause confusion if the meaning is not clarified. does this sentence mean that the comparison is only limited to severance pay as referred to in article 156 paragraph (2), or does it also include service pay and compensation? in order to be consistent with the formulation in paragraph (1), the correct interpretation may have to include service pay and compensation. amount of reimbursement of rights – article 156 paragraph 4 how to correctly determine the amount of compensation for entitlements, in particular article 156 paragraph (4) letter c, namely the replacement of housing as well as treatment and care of 15% of severance pay and or service payment for those who meet the requirements, when we calculate the value as referred to in article 167 paragraph (1), paragraph (2), and paragraph (5)? in article 167 paragraph (1), the amount of compensation for entitlements is 15% multiplied by 1 time severance pay and 1 time service award, while in article 167 paragraph (2) and paragraph (5) it is 15% multiplied by 2 times severance pay and 1 time service award? or in article 167 paragraph (2) and paragraph (5), the amount of compensation is the same as in article 167 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 229 issn print 2086-6852 and issn online 2598-5892 paragraph (1), which is 15% multiplied by 1 time severance pay and 1 time service award? for a period of service of 24 years or more (check the scale in table 2), the compensation for entitlements in article 156 paragraph (4) letter c is 2.85 months of wages (15% x (1 x 9 + 1 x 10), if severance pay is defined only 1 time), and 4.20 months wages (15% x (2 x 9 + 1 x 10), if the severance pay is defined as 2 times). so there is a difference of 1.35 months wages. since the sentence for compensation for entitlements in the verses above does not mention the number of times, unlike the formula for severance pay (there are 2 times) and service pay (there is a term for 1 time), can we understand that the meaning is only 15? % multiplied by 1 time severance pay and 1 time service award, or vice versa as is commonly interpreted so far? relation to retirement programs when funding is done article 167 paragraph (1) states that in the event that the entrepreneur has implemented a pension program, regardless of the results obtained from it, the worker will still receive compensation for entitlements. meanwhile in article 167 paragraph (2) it is stated that in terms of the amount of pension benefits (after deducting the set of worker/labor contributions and the results of their development, if any – article 167 paragraph (3)) it turns out to be less than 2 times the severance pay, 1 time work, and compensation for entitlements, the difference is paid by the entrepreneur (roesli et al., 2019). because the element of compensation for rights is also used as a basis for comparison, the value being compared will certainly be greater. entrepreneurs' expenses are also getting bigger. if what the formulation of these paragraphs is trying to achieve is that the pension benefit (after deducting the set of worker/laborer contributions along with the results of their development, if any – article 167 paragraph (3)) should not be less than 2 times the severance pay plus 1 time the term award. work plus compensation for entitlements, why then in article 167 paragraph (1) entrepreneurs who have implemented a pension program still have to provide compensation for rights to workers/laborers? it is possible that this rationale is not true, and what is true is indeed what is formulated in article 167 paragraph (1) and paragraph (2), that entrepreneurs still have to pay compensation for entitlements even though they have implemented a pension program. if this is indeed what is meant, then when an entrepreneur who has not implemented a pension program but wants to fund this manpower act's obligations (because he is aware that without regular and systematic funding it can burden the company's cash flow) through a pension fund (both the employer pension fund) or financial institution pension funds), then the obligation for compensation cannot be funded because it is always an on-top value. this situation is in contrast to the entrepreneur who if he does not use it through the pension fund, his obligation is only 2 times the severance pay plus 1 time the service award plus the compensation for entitlements only (article 167 paragraph (5). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 230 issn print 2086-6852 and issn online 2598-5892 the existence of termination of employment (phk) for workers is the beginning of suffering and misery that befell the workers, even for their families. however, in practice layoffs still occur everywhere. termination of employment as mandated by law number 13 of 2003 is something the company should not do as much as possible. this is mandated in article 151 which states, "entrepreneurs, workers or laborers, and the government, with all efforts must try to prevent termination of employment". it is affirmed in article 152 of the manpower law that the application for the determination of the termination of the employment relationship must be submitted in writing to the industrial relations dispute settlement agency along with the reasons on which it is based. thus, workers who will be laid off know the reasons that are used as the basis by the entrepreneur or company. article 154 states that a stipulation on a permit application for termination of employment will only be issued if the negotiation between the entrepreneur and the worker fails. however, the determination of the permit is not required if: a. workers are still on a probationary period, if it has been previously required in writing; b. the worker submits a written resignation request at his/her own request without any indication of coercion or intimidation from the company where he/she works; c. workers reach retirement age; d. the worker has died. according to a number of articles contained in law no. 13 of 2003, employers can terminate their employment with the following provisions: a. if the worker has committed a serious mistake (article 158); b. if the worker violates the provisions of the collective labor agreement (article 161); c. if the worker is caught in a criminal act or detained by the authorities (article 160); d. if the company changes ownership status (article 163); e. if the company closes due to continuous losses for 2 years (article 164); f. if the company must perform efficiency (article 156); g. if the company goes bankrupt (article 165); h. if the worker dies (article 166); i. if the worker enters retirement age (article 167); j. if the worker is absent for 5 (five) days without notification (article 168). 4. conclusion from the research that has been carried out by the researcher, the following conclusions are obtained the settlement of industrial relations disputes between workers and employers through bipartite has basically been carried out according to the provisions that have become their http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 231 issn print 2086-6852 and issn online 2598-5892 guidelines or guidelines but has been ineffective, due to several obstacles that occur and lack of understanding of the parties, both from the company/employer and workers regarding the stages, processes and provisions of employment as well as the settlement of industrial relations disputes through mediation. the company regulations are not strong enough so that it becomes gray in mediating between the two parties. references gaffar, s., karsona, a. m., pujiwati, y., & perwira, i. (2021). the concept of procedural law regarding the implementation of collective agreements with legal certainty in termination of employment in indonesia. heliyon, 7(4), e06690. hamid, a. (2021). a critical study of the job creation law no. 11 of 2020 and its implications for labor in indonesia. international journal of research in business and social science (21474478), 10(5), 195–206. hanifah, i. (2022). criminal liability against corporations in payment of wages under the provisions of legislation. international journal reglement & society (ijrs), 3(2), 68–74. israhadi, e. (2020). the social impact of force majeure and the consequences of the determination of the covid 19 disaster status on learning the manpower law. journal of social studies education research, 11(4), 28–51. lebergott, s. (1964). manpower in economic growth: the american record since 1800. mcgrawhill new york. manning, c., & roesad, k. (2007). the manpower law of 2003 and its implementing regulations: genesis, key articles and potential impact. bulletin of indonesian economical studies, 43(1), 59–86. martikainen, a., svensson alavi, a., alexanderson, k., & farrants, k. (2021). associations of sickness absence and disability pension due to mental and somatic diagnoses when aged 60– 64 with paid work after the standard retirement age; a prospective population-based cohort study in sweden. bmc public health, 21(1), 1–13. perdana, s. (2021). comparison of government efforts in improving the welfare of indonesian workers based on law number 13 of 2003 concerning manpower and draft law number 11 of 2020 concerning job creation. international journal reglement & society (ijrs), 2(1), 35– 44. pratikno, y. (2019). analysis of flow process of employee termination dispute resolution settlement based on law no. 02 year 2004. agregat: jurnal ekonomi dan bisnis, 3(2), 144–166. probokusumo, d. d. (2022). one-sided termination of employment (case study on industrial relationship decisions number 170/pdt. sus-phi/2020/pn. jkt. pst). 3rd tarumanagara international conference on the applications of social sciences and humanities (ticash 2021), 591–596. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 232 issn print 2086-6852 and issn online 2598-5892 rahmatsyah, r. (2019). reconstruction of article 156 paragraph (1) of law number 13 year 2003 regarding manpower as a guideline for the provision of workers’ rights based on justice. legal reconstruction in indonesia based on human right. robinson, o. f. (2003). ancient rome: city planning and administration. routledge. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. roesli, m., lestari, s. e., prasetyo, k. d., & mahrus, y. i. p. (2019). consumer protection laws for bank customers. vogel, d. (2003). fluctuating fortunes: the political power of business in america. beard books. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 201 issn print 2086-6852 and issn online 2598-5892 the authority of the supreme court over the articles of association or by laws of political parties widyawati boediningsih,norma rahmawati faculty of law,narotama university surabaya, indonesia e-mail:wboediningsih@gmail.com and normarahmawati233@gmail.com article history: received: agustus 11, 2022; accepted: september 09, 2022 abstract the purpose of this study to keep no legal void the creation of legal certainty.articles of association of a political party or commonly referred to as ad/art, is a binding provision for its members, which is binding, the same as a statutory regulation. the recent phenomenon is that the review of the articles of association of a political party to the supreme court,which had never existed before or had never happened in this republic. there are 2 (two) state institutions that have the right to judicial review against existing laws and regulations, namely the supreme court (ma) and the constitutional court, this test must be carried out so that there is no legal vacuum in it. the method used in this research is normative research, namely research using a statutory and conceptual approach. the results of this study, ad/art is not a statutory regulation because it is not included in the hierarchy of laws and regulations, but from the point of view of civil law ad/art is an agreement between the parties who made it and binds it. the supreme court continues to test the ad/art so that there is no legal vacuum and the creation of a legal certainty. keywords: judicial review, ad/art, supreme court 1. introduction the political party is a container to convey political aspirations for its members. one of them is the articles of association otr household budget. there is a recent phenomenon at the end of this end of the problem that occured to political parties, namely the issue of the articles of association or household budget called ad or art (lees-marshment, 2001). the examination of the articles of association or by laws of political parties or commonly reffered to as ad or art to the supreme court is a recent phenomenon because there is no institution authorized to carry out such testing. examination of ad or art to the supreme court, then consider that ad or art as a statutory regulation. where the supreme court has the authority to examine the legislation under the law against the law (seidel et al., 2019). the only supreme justice of all judicial environments is the supreme court. the supreme court is an independent judicial power that cannot be influence by any member of the goverment (excecutive), legislator (legislative), or any other party in conducting judicial proceedings to upload law and justice (roesli et al., 2019). the judicial power is given the authority to examine a statutory rule if the lower statutory regulation contradicts the higher regulation. this is known as the judicial review, namely the supreme court and the constitutional court. the constitutional court has the authority to examine laws against the 1945 constitution of the republic of indonesia (abdullah, 2006). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:wboediningsih@gmail.com mailto:normarahmawati233@gmail.com ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 202 issn print 2086-6852 and issn online 2598-5892 the judicial power is given the authority to examine a statutory rule if the lower statutory regulation contradicts the higher regulation. this is known as the judicial review, namely the supreme court and the constitutional court. the constitutional court has the authority to examine laws against the 1945 constitution of the republic of indonesia. the laws of the laws that occurs is a new challenge for the judge to do the living invention to solve a problem. the duty of a judge in doing the discovery of laws as a problem solving by using two methods. the first legal interpretation method is a legal discovery method by explicitly expanded related to the text of the law to the scope of the rule can be applied to concrete events. the causor is there but not clear. second, do legal construction. judge is using it in checking the case that does not specify regarding it. ad or art testing is a solution to a problem for which there is no legal regulation. therefore, making judges make legal discoveries by digging deeper and based on legal values that live in society in accordance with the times. 1 based on this background, a formulation can be drawn, namely whether the supreme court has the authority to review the articles of association or the budgets of political parties? results of library research bagir manan and kuntana magarar argue that the laws and regulations contain the element of the following elements: 1. in the form of a written decision, the legislation as a rule of law is commonly referred to as written law 2. established by officials in making common or binding rules the characteristic of regulations are binding laws that have no means to have to bind everyone, just show that legislation is not valid in certain concrete events or individuals (raz, 1971). jan michiel otto defines legal certainty as follows : 1. the rules are clear, fixed, easy to obtain, published and recognized by state power. 2. people’s behaviour is based on these rules 3. the goverment consistently applied the rule of the law and submitted to it. 4. the judge in judicial power is independent so as not to apply the law at all times in resolving legal issues. 5. the decision of the court should be concerned. the purpose of research is about to see and analyze whether the supreme court has the authority to test the budget or the political budget of the political party (soeroso, 2011). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 203 issn print 2086-6852 and issn online 2598-5892 2. research methods this research uses normative legal research which is carried out by reviewing legal rules or norms in laws and regulations and other reference sources related to the authority of the supreme court in examining the articles of association or political party budgets. using a statutory and conceptual approach. types and data collection by means of literature studies and using qualitative methods. 3. results and discussion the political party’s position in the hierarchy of the regulatory regulations. based on the definition of article 1 point 2 of law 12/2011 it provides characteristic that legislation must contains five elements as follows: 1. written rules 2. it contains legal norms 3. legally binding 4. formed and determined as a state institution or authorized official. 5. defined as a procedur article number seven of law number twelve of 2011 jo. law number 15 of 2019 is concerning the formation of laws and regulations states the types and hierarchies of legislation, including : a. the 1945 constitution of the republic of indonesia b. mpr decree c. laws or government regulation in lieu of laws; d. government regulation; e. presidential decree; f. provincial regulation; g. regency / city regulation regulation article 8 of the law on the formation of laws and regulations also states that there are other types of legislation other than those mentioned in article 7, namely regulations set by the people's representative council, people's representative council, regional representative council, supreme court, constitutional court, banks (sihombing & hadita, 2021). indonesia, ministers, institutions or commissions of the same level established by law or by the government by order of law, provincial regional people's representative councils, governors, regency or city regional people's representatives, regents or mayors, village heads or the equivalent. the regulation is also a type of statutory regulation so that its existence is recognized and has binding legal force as long http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 204 issn print 2086-6852 and issn online 2598-5892 as it is ordered by a higher statutory regulation based on the authority given (yuliati & widayati, 2021). based on article 2, article 7 and article 8 of law 12 of 2011 in conjunction with 15 of 2019 a regulation can be categorized as legislation if the first, fulfills the 5 (fifth) elements contained in article 2, the second, enters into the deepest type of hierarchy of laws and regulations is article 7. third, getting orders from higher regulations on the basis of authority, this regulation is also recognized for its existence and has binding legal force. the following are 4 kinds of changes in the hierarchy of legislation, including: hirarchy of legislation table : mpr decree no. xx/mprs/1996. mpr decree no. iii/mpr/2000. law number 10 year 2004. law number 12 year 2011. 1. the constitution 1945; 2.mpr decree 3. laws or governmnet regulations in lieu of laws; 4. government regulations; 5. presidensial degree 6. government decision; 7.other implementing regulation 1. the constitution 1945; 2.mpr decree 3..laws or governmnet regulations in lieu of laws; 4. governmnet regulation; 5. presidensial degree ; 6.local regional regulation 1. the constitution of 1945; 2.laws or governmnet regulations in lieu of laws 3.government regulation; 4.presidensial degree ; 5.local regional regulation . 1. the constitution of 1945; 2. mpr decision; 3.laws or governmnet regulations in lieu of laws 4. government regulation; 5.presidensial degree ; 6. provicial regulations 7. district or city regulation. based on the hierarchy of laws that have undergone various changes, the articles of association or by laws of political parties are not part of the hierarchy of legislation. based on article 2 of law number 12/2011 ad/art does not meet the five elements mentioned to become legislation. the elements can be summed up as follows: 1. ad/art is in the form of written regulations. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 205 issn print 2086-6852 and issn online 2598-5892 2. determined by the authorized party, namely the minister of law and human rights who stipulates it in the form of a decree. 3. the ad/art is formed based on the mutual agreement of the members of the political party. a political party is an organization that is national in nature, not as a state institution or government official. 4. applies internally to an organization. based on article 8 of the political party act, this articles of association is mentioned in the political party law but is not explicitly explained, in the political party law that states that every political party should have a composite as it is important and the basis of the rules (howse & langille, 2012). this law only mandates that political party’s must have a component of not a form of legislation. judging from the state of the state administration law, based on article 1 number 2 law number 5 year 1986 jo. article 1 of the 9 number of law number 51 year 2009 on the state administration of state, all body ten or officials implement the affairs of government based on applicable legislation. in its context, the articles of association gained an attempt from the ministry of law and human rights (kemenkumham) in the form of decision-letter (sk) whose form is written. in case of a budgetary change shall also earn a decision of the ministry of law and human rights (kemenkumham). therefore, the articles of association can be used as a law based on the decision issued by the minister of law and human rights (indonesia, 2009). based on the legal side of civil law, bylaw is a matter of national deliberation. article 1338 of the civil law code states that all agreements made legally are valid as laws for those making the agreements. based on this, the charter can be said to be the statute under article 1338 kuh perdata (indonesia, 2009). authority of the supreme court in reviewing the articles of association of political parties. the supreme court is the highest court of all neighborhoods under it. in other words, the supreme court has the highest supervision over the judiciary in the general court environment, the religious court environment, the military court environment, and the state administrative court environment. based on article 24a paragraph 1 of the 1945 constitution of the republic of indonesia, the supreme court is given 3 powers, including : a. test the law under the law in addition to being regulated in the state constitution, the supreme court's right to examine regulations under the law is also regulated in article 11 paragraph 2 letter b of law number 4 of 2004 concerning judicial power. the right of testing that is carried out contains the contents of paragraphs, articles, and/or higher parts of the legislation as well as the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 206 issn print 2086-6852 and issn online 2598-5892 establishment of the relevant legislation (tutupoho, 2016). the right to examine the supreme court is limited in nature, that is, it only examines statutory regulations under the act against the law. so that its authority cannot reach the judicial review of the 1945 constitution of the republic of indonesia. b. judget at the level of cassation. article 11 of law 4 of 2004 concerning judicial power states that the supreme court is the highest state court. in addition, it is also stated in article 20 paragraph 2 letter a which emphasizes its position and capacity as the highest state court. article 32 of law 3 of 2009 concerning the supreme court also affirms that it has the right to exercise the highest supervision over the judiciary under it. c. other authorities granted by law. the supreme court has the authority to decide post-conflict local election disputes. this is regulated in article 106 paragraph 1 of law no. 32 of 2004 concerning regional government. however, this authority was transferred to the constitutional court based on article 236c of law no. 12 of 2008 concerning the second amendment to law 32 of 2004 concerning regional government. so, if it is the law that gives authority, the competent institution such as the supreme court must also carry out what is stated in the law. the three powers of the supreme court as regulated in the state constitution are also strengthened by law number 48 of 2009 concerning judicial power. requests for review conducted by the supreme court can only be made by parties who feel aggrieved by the enactment of laws and regulations under the law as regulated in article 31a of law number 3 of 2009 concerning the supreme court. the authority of the supreme court to examine laws and regulations is also regulated in article 31a of law number 3 of 2009 concerning the second amendment to law number 14 of 1985 concerning the supreme court. in addition, the supreme court regulation, precisely in article 1 point 1 of perma no. 1 of 2011 concerning the right to judicial review, also regulates the authority of the supreme court to examine laws and regulations under the law against higher laws and regulations. so we can conclude that the main requirement for testing the supreme court, the object of the application must meet the elements of the legislation. the review of ad/art to the supreme court is a new thing because no one has done this test to any court institution. the decision number 39 p/hum/2021 states that the applicant has no legal standing and the applicant's application in the form of reviewing the ad/art of the democratic party to the supreme court is rejected and cannot be accepted. this refusal is because the ad/art does not meet the elements as legislation so that the court is not authorized to carry http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 207 issn print 2086-6852 and issn online 2598-5892 out the examination. the opinion of the supreme court regarding the ad/art of political parties is as follows: the ad/art of a political party is not a legal norm that binds the general public, but only binds the internal party of the political party concerned . political parties are not state institutions, bodies, or institution formed by law or by the government by order of law. the law does not delegate political parties to form laws and regulations. in making legal discoveries, judges use legal construction if there is no law governing the problems they face (thatcher & sweet, 2002). one of the legal constructions is to use the analogy method, related to the too narrow scope of the legislation so that in creating the law the judge will expand its meaning by using the argumentum per analogy method. similar events or cases regulated by law will be treated the same. in analogy, a special regulation in the law will be enforced or made general. if there are cases that have not been regulated by law, the judge will make legal discoveries. when making an analogy, it is extracted from the principles contained in it and concluded from the general provisions of special events. this method is used when there are different but similar, similar or even similar events that are regulated by law will be treated the same. however, the judge's decision does not apply the same between ad/art and the law because the supreme court is of the opinion that ad/art is not a statutory regulation. uu no. 12 of 2011 regulates the types of laws and regulations other than those regulated in article 7. article 8 of this law can be interpreted more broadly if the ad/art is made into legislation. in this context, the supreme court makes legal discoveries not by expanding the meaning of the law, but by narrowing the law, namely by narrowing the scope of legislation so that ad/art cannot be said to be statutory regulations. ad / art political party is considered a law for members of the political party. the commonists said that ad / art is the laws and regulations of the issue of the reinforced by the opinion of the laws. in accordance with the construction of analogy law in which the ad / art testing is a similar, similar kind of similarly similar to the regulations in the law will be equal to the same. in addition, based on grammatical interpretations that inter-use by the daily grammar. according to jazim hamidi(jazim hamidi,2011), hermeneutics is a teaching of legal philosophy which is also a method of interpretation, which is an interpretation of the linkage between text, context, and contextualization. article 1338 bw says each legitimate made agreement shall be legal to the regulations. if graphatically and hemeneutically, ad / art is made based on the agreement of the political party members. so, ad / art is considered a law. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 208 issn print 2086-6852 and issn online 2598-5892 based on the principle of ius curia novit, judges are considered to know the law and must try cases that are brought to them. this principle places an obligation on judges to determine what law should be applied to a particular case and how it should be applied. in the civil law system, this principle has long been known to resolve cases that have not been regulated by law because judges are considered to know the law. the principle of ius curia novit is contained in article 5 paragraph 1 of law number 48/2009 concerning judicial power. the article states that judges and constitutional judges are obliged to explore, follow, and understand the legal values and sense of justice that live in society. the principle of ius curia novit is interrelated with one another with the principle of rechtweigening because this principle is also known as the principle of prohibition of refusing a case.(yuri styawan,2018 ) article 10 paragraph 1 of the law on judicial power regulates the prohibition for courts from refusing to examine, try, and decide on a case that is submitted on the grounds that there is no law governing it or it is unclear , but the court is obliged to examine and hear the case. based on the principle of ius curia novit, judges are authorized to examine the ad/art of a political party. 4. conclusion articles of association/budgets or commonly referred to as ad/art of a political party are not statutory regulations and do not have a position in the statutory hierarchy when viewed based on law no. 12 of 2011 jo. law number 15 of 2019 concerning the formation of laws and regulations. the supreme court is not authorized to examine the ad/art of political parties because the ad/art is not a statutory regulation. as can be seen, the authority of the supreme court is to examine the law under the law against the law. however, when viewed from the side of civil and administrative law, the ad/art is a law so that the supreme court has the right to examine the ad/art of a political party. in addition, by prioritizing the ius curia novit principle, namely that judges are considered to know the law and cannot refuse cases submitted to them, the judge is authorized to examine the articles of association/budgets of political parties. suggestion the supreme court should not interpret the ad/art with legal narrowing, if the ad/art is interpreted grammatically and hermeneuticly based on article 1338 of the civil code, the ad/art can be categorized as law, because the contents of article 1338 state that all agreements made are valid and valid as law. law for the makers. this ad/art is an agreement made by members of a political party so that this ad/art is a law for members of a political party. so, if http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 209 issn print 2086-6852 and issn online 2598-5892 the ad/art is referred to as a law, then in this case the supreme court has the authority to grant the review of the ad/art for political parties. references abdullah, u. (2006). hak uji materiil di bawah undang-undang. ptun palembang, 27. howse, r., & langille, j. (2012). permitting pluralism: the seal products dispute and why the wto should accept trade restrictions justified by noninstrumental moral values. yale j. int’l l., 37, 367. indonesia, p. r. (2009). peraturan pemerintah nomor 51 tahun 2009 tentang pekerjaan kefarmasian. jakarta: pemerintah ri. indonesia, p. r. (2009). peraturan pemerintah republik indonesia nomor 51 tahun 2009 tentang pekerjaan kefarmasian. lees-marshment, j. (2001). political marketing and british political parties: the party’s just begun. manchester university press. raz, j. (1971). legal principles and the limits of law. yale. lj, 81, 823. roesli, m., lestari, s. e., prasetyo, k. d., & mahrus, y. i. p. (2019). consumer protection laws for bank customers. seidel, s., bettinger, p., & budke, a. (2019). representations and concepts of borders in digital strategy games and their potential for political education in geography teaching. education sciences, 10(1), 10. sihombing, e. n. a. m., & hadita, c. (2021). administrative measures problems in medan mayor regulation number 11 of 2020 concerning health quarantine in the accelerated handling of covid-19. 1st international conference on law and human rights 2020 (iclhr 2020), 444– 452. soeroso, r. (2011). pengantar ilmu hukum, cetakan 12. sinar grafika, jakarta. thatcher, m., & sweet, a. s. (2002). theory and practice of delegation to non-majoritarian institutions. west european politics, 25(1), 1–22. tutupoho, m. (2016). the role of mediation institution in resolving the civil disputes in the general courts. jl pol’y & globalization, 53, 25. yuliati, e., & widayati, w. (2021). public services in election of regional chairman. law development journal, 3(1), 19–29. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 principles of justice for compensation for land procurement in tamansari 11 bandung city ali said hilabi, mutiara azura mulyawan, yuli indrawati faculty of law, university of indonesia e-mail: hilaby40@gmail.com abstract land acquisition is an activity carried out by the government in providing land by providing appropriate and fair compensation to parties who affected in land acquisition for development in the public interest, there are principles that must be met, one of which is the principle of justice, which is based on the explanation of article 2 letter b of law no. 2/2012 that the "principle of justice" is to provide a guarantee of proper compensation to the entitled party. in the land acquisition process so that they get the opportunity to be able to carry out a better life. the government needs to apply the principle of the principle of justice in the context of compensation to the community whose land is needed for the public interest. however, unfortunately it turns out that the compensation provided by the government to the residents of tamansari 11 is deemed unfair, which means the government should be able to provide compensation that is much more appropriate, taking into account that they have lived in the area for more than 20 years and that is where they can also get compensation. income from the livelihood they have, for example trading, then making the house as a boarding house and so on. the problems that occur in compensation for land procurement in tamansari 11, bandung city are based on dpkp3 decree number 538.2/1325a/dpkp3/2017 and the principle of justice for compensation for land acquisition in tamansari 11, bandung city. to answer this research, the analytical methods used are normative and qualitative. the results of this study that the principle of justice against compensation for land acquisition in tamansari 11 bandung city has not been achieved where this occurs because the bandung city government does not carry out land acquisition procedures, namely deliberation to determine compensation as based on law number 2 of 2012. keywords: principle justice, compensation, land acquisition. 1. introduction indonesia is a developing country that applies the legal basis in every development. according to aristotle, the rule of law is a state that stands and is based on law that guarantees justice for its citizens (yahman and nurtin tarigan, 2019). based on the basic constitution of the state of indonesia, namely the 1945 constitution of the republic of indonesia that the objectives of the republic of indonesia are: "to protect the entire indonesian nation and the entire homeland of indonesia, and to promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, lasting peace and social justice.” (indonesia, 1945) so it can be seen that the state of indonesia has a goal, one of which is to realize social justice. in the context of realizing social justice in terms of controlling land, the government stipulates in article 33 paragraph (3) of the 1945 constitution "that the earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. especially with regard to the earth's surface, the land is one of the factors to realize the welfare of the people." because land is one of the sources of welfare for the community, it requires state intervention as the highest community organization. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 as stated in law number 5 of 1960 concerning basic agrarian regulations (hereinafter referred to as uupa) article 2 paragraph (1) states that on the basis of the provisions in article 33 paragraph 3 of the constitution and the matters referred to in article 1 at the highest level, the earth, water and space, including the natural resources contained therein, are controlled by the state, as an organization of power for the entire people. the government as the organizer in the state must act wisely in the use and use of land fairly and well in accordance with the main goal of the rule of law, namely social justice. the government authorities in the land sector are: (santoso, 2011) 1. regulating and administering the designation, use, supply, and maintenance of earth, water, and space 2. determine and regulate legal relations between people and earth, water, and space. 3. determine and regulate legal relations between people and legal actions concerning earth, water, and space. on the basis of the right of control from the state, various types of land rights are determined, which can be given to and owned by people, either alone or together with other people and legal entities. the rights to the land are property rights, cultivation rights, building rights, use rights, lease rights, land clearing rights, forest product collection rights, and other rights. all land rights have a social function, this means that any land rights that exist in a person cannot be justified, that the land will be used or not used solely for his personal interests (indonesia, 1960). in the public interest, land rights can be revoked by providing appropriate compensation and according to the method regulated by law number 2 of 2012 concerning land acquisition for development in the public interest. land procurement is an activity carried out by the government in providing land by providing appropriate and fair compensation to the affected parties (indonesia, 2012). in land acquisition for development for the public interest, there are principles that must be met, one of which is the principle of justice, which is based on the explanation of article 2 letter b of law no. 2/2012 that the "principle of justice" is to provide a guarantee of proper compensation to the entitled party in the process. procurement of land so as to get the opportunity to be able to carry out a better life. land acquisition activities for development purposes are theoretically based on certain principles/principles and are divided into two subsystems: 1) land acquisition by the government for public interest; 2) land acquisition by the government because it is not in the public interest (commercial). in essence, land acquisition is an act of the government to acquire land for the public interest which is pursued based on deliberation to reach an agreement regarding the relinquishment http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 of rights and compensation prior to the revocation of rights. the results of this deliberation then become the basis for the payment of compensation (subekti, 2016). developments that occur in indonesia are seen increasing in number, such as the construction of hospitals, train stations, places of worship, widening of roads and so on, making land as the main object. for this reason, there are not a few conflicts that occur regarding compensation due to land acquisition used for the public interest, on the grounds that the party who has the right to the land assumes that the price given by another party, in this case is the party who needs the land (the government). too low. without land development it will only be a plan, therefore efforts to procure land for these purposes, especially for the public interest, need to be handled as well as possible and still pay attention to the use of land which must be adapted to the circumstances and nature of the rights so that they are beneficial for both welfare and happiness. who have it and benefit the community and the state. because it needs to be remembered together that land in addition to having economic value, also has a social function. article 1 paragraph (3) of the supreme court regulation number 3 of 2016 concerning procedures for filing objections and depositing compensation to the district court in the procurement of land for development in the public interest, states that "compensation is a proper and fair compensation to the party entitled to land acquisition process. this means that the government needs to apply the principles of justice as best as possible in the context of compensation to the community whose land is indeed needed for the public interest. but unfortunately it turns out that the compensation provided by the government to the residents of tamansari 11 is deemed unfair, which is why the government should be able to provide compensation that is much more appropriate, taking into account that they have lived in the area for more than 20 years and that is where they can also earn income. from the livelihood they have, for example trading, then making the house as a boarding house and so on. based on what has been described above, the authors examine more deeply related to the principle of justice for compensation for land procurement in tamansari 11, bandung city. 2. research method legal research is a scientific activity based on certain methods, systematics, and thoughts that aim to study certain legal phenomena by analyzing them, and then seeking a solution to the problems that arise in the symptoms in question. (soekanto, 2007). method the approach method used in this research is a normative juridical approach. normative legal research is carried out by examining library materials which are secondary data and is also known as library law research. (soemitro, 1990) according to soerjono soekanto, the normative juridical approach is legal research conducted by examining library materials or secondary data as the basic material for http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 research by conducting a search on regulations and literature related to the problem being studied. (soekanto & sri mamudji, 2001). the approach used in writing is the approach to legislation used to determine the concept of land, legal regulations regarding the process of land acquisition for development in the public interest. while the case approach is used to find out and understand how the applicable regulations are related to problems that are happening in the tamansari 11 area of bandung city which will be discussed by the author in this study. research specifications this research is a descriptive analysis research which is an explanation of legal facts which are then analyzed systematically. in this case, it discusses and analyzes the principle of justice for compensation for land acquisition in tamansari 11, bandung city. data collection methods and techniques collection method used in this research is library research. literature study was conducted by collecting secondary data. secondary data that will be used in this paper include: 1) primary legal materials, namely legal materials that have binding power, including: the 1945 constitution, law number 5 of 1960 concerning basic agrarian regulations, law number 2 of 2012, presidential regulation number 71 of 2012, presidential regulation number 40 of 2014, presidential regulation number 99 of 2014, presidential regulation number 30 of 2015, and presidential regulation number 148 of 2015. 2) secondary legal materials, namely legal materials that provide an explanation of primary legal materials, consisting of: a. indonesian agrarian law book. b. book on land procurement for development for public interest c. books on public interest d. books on legal protection e. as well as other sources; official websites and websites related to land acquisition cases in the tamansari area 11 3) tertiary legal materials, namely other materials that have relevance to the subject matter that provide information on primary legal materials and secondary legal materials, such as encyclopedias, dictionaries, articles, newspapers, and the internet. in this study, the author will use the internet to find data and information related to land acquisition for development in the public interest in order to complete primary legal materials and secondary legal materials. data collection techniques in this case the author uses data collection techniques legal materials in the form of: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 a. interviews with residents of tamansari rw 11 bandung city, tamansari village, bandung city national land agency, department of housing and settlement areas, land and parks in bandung city, bandung city spatial planning service. b. document or library studies by searching, taking an inventory and studying the laws and regulations and other primary data related to the problem under study. method of analysis according to soerjono soekanto, analysis can be formulated as a systematic and consistent decomposition process of certain symptoms. (soekanto, 1982)as a way to draw conclusions from the research that has been collected here, the author as an analytical instrument, will use a qualitative normative analysis method. in normative legal research, data processing is carried out by systematic way of written legal materials. systematic means making a classification of these legal materials to facilitate analysis and construction work. (soekanto, 2007). qualitative research is a research model originating from social science to examine social problems and phenomena in depth by not using numbers and statistical formulations, which is carried out in various ways such as observation whether involved or not, experimental group, documentary analysis, and so on. (fuady, 2018). 3. results and discussion compensation for land procurement in tamansari 11 bandung city based on dpkp3 decree number 538.2/1325a/dpkp3/2017 according to article 1 point 2 of law number 2/2012 concerning land acquisition for development in the public interest, land acquisition is an activity to provide land by providing appropriate and fair compensation to the entitled party. the entitled party is the party that controls or owns the object of the procurement of underground land, buildings and plants, objects related to land, or other things that can be assessed. (ernis, 2015) procurement of land for development in the public interest contains several principles that must be considered and adhered to so that its implementation achieves the goal for the greatest prosperity of the people, including: a. the principle of deliberation even though land acquisition is carried out for the public interest, its implementation must be based on deliberation between the government agency that will develop the land and the owner or ruler of the land. (ernis, 2015) b. principle of public interest http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 land acquisition is only carried out for the public interest, if the development activity is not in the public interest, then the person concerned must take care of his own interests land acquisition is only carried out for the public interest, if the development activity is not in the public interest, then the person concerned must take care of his interests alone. (ernis, 2015) c. the principle of relinquishing or surrendering land rights since land acquisition cannot be forced, its implementation must be based on the relinquishment of land rights from the rights holder. to the country to be built. (ernis, 2015) d. the principle of respect for land rights every land acquisition must respect the existence of land rights that will be used as a place of development. therefore, any land rights, whether certified or not, or customary land, must be respected. (ernis, 2015) e. principle of compensation land acquisition is mandatory on the basis of providing appropriate compensation to the right holder based on an agreement in the principle of deliberation. there is no land acquisition without compensation. therefore, the provision of compensation must be able to increase the welfare of the waiver economically. f. principles of spatial planning since development in the public interest is aimed at the greatest prosperity of the people, its implementation must comply with local spatial planning. (ernis, 2015) law number 2/2012 concerning land acquisition for development in the public interest provides protection to the community as regulated in article 16 of law number 2/2012 which states that agencies that require land based on land acquisition planning documents carry out notification of development plans, initial data collection the location of the development as well as public consultation on the development plan. this planning notification is made to the community affected by the development plan for the public interest, either directly or indirectly. (indonesia, 2012) furthermore, the initial data collection on the location of the development plan includes the initial data collection activities of the entitled parties and land acquisition objects within a maximum of 30 working days from the notification of the development plan and the results of the initial data collection on the location of the development plan used as data for the implementation of the public consultation on the development plan. . (indonesia, 2012) public consultation on the development plan is carried out to obtain an agreement on the location of the development plan from the entitled party by involving the entitled parties and the affected community and carried out at the place of the development plan in the public interest or at the agreed place within a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 maximum period of 60 days. work. as well as providing appropriate compensation to parties affected by land acquisition. (indonesia, 2012) in a land acquisition, especially for the public interest, it is closely related to compensation. compensation is a proper and fair compensation to the rightful party in the land acquisition process. regarding forms of compensation in land acquisition for the public interest are in article 36 of law number 2 of 2012 which stipulates that compensation can be given in the form of: 1. money; 2. substitute land; 3. resettlement ; 4. shareholding; or 5. other forms agreed by both parties . based on article 17 paragraph (2) of presidential regulation number 71 of 2012 concerning the implementation of land procurement for development in the public interest, parties entitled to receive compensation include: 1. holders of land rights; 2. management holder; 3. nadzir for waqf land; 4. owners of ex-customary land; 5. indigenous peoples; 6. parties who control state land in good faith; 7. holders of basic land tenure; and/or 8. owners of buildings, plants, or other objects related to land. in this case, the bandung city government provides compensation for land acquisition for the public interest in the tamansari 11 area, this is stated in the decree of the head of the department of housing and settlement areas for land and parks. city of bandung (sk dpkp3) number 538.2/1325a/dpkp3/2017 regarding the determination of building compensation, relocation mechanism and implementation of the construction of the tamansari row house for the 2017 fiscal year which was set on 26 september 2017 stipulates: (bandung city, 2017) first : calculation of compensation resettlement is only calculated for the building owner, not for the head of the family; second : identity cards and family cards issued by the bandung city government which are recognized for compensation and relocation schemes only those that were printed before 2012 and are still valid, and the so-called rw 11 are residents of rw 11 tamansari village, bandung wetan district, bandung city; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 third : residents of rw 11 who get priority in the tenement of the tamansari row house will be given a lease discretion, which is exemption from rent for a maximum of 5 (five) years. the determination of the residents of rw 11 above will be stipulated in the decree of the mayor of bandung. building details will be carried out to verify the data of residents of rw 11 which will be specified in the mayor's decree regarding priority residents of the tamansari row house. the distribution of priorities for residents' rights to reoccupy the tamansari row house is based on several considerations: a. priority i: building owners who have kk and ktp residents of rw 11 tamansari village, bandung wetan district, bandung city and are married, have a land lease permit from the bandung city government until 2010, or their heirs who are entitled if the owner has died; b. priority ii: building owners who have kk and ktp residents of rw 11 tamansari village, bandung wetan district, bandung city and are married, but do not have a land lease permit from the bandung city government; c. priority iii: biological children/heirs of priority i who have kk and ktp residents of rw 11 tamansari village, bandung wetan district, bandung city but do not have a land lease permit from the bandung city government, and are already married; d. priority iv: biological children/heirs of priority ii who have kk and ktp residents of rw 11, tamansari village, bandung wetan district, bandung city, and are already married; e. priority v: building owners who do not have kk and ktp residents of rw 11, tamansari village, bandung wetan district, bandung city, are married and have low income; f. priority vi: bandung city residents who are married and are classified as low-income people; fourth : the scheme for the amount of residential rent for residents affected by the construction of the tamansari row house is determined until it is redefined by the mayor, which is divided into: a. the type 33 residential unit is intended for residents who own/live in the previous building with an area of 10 m2 to 40 m2, after the lease is enforced (the lease waiver period has expired) with a rental amount of rp. 336,195,-/month and deducted by a large rent of rp. 10,000,per floor above: a) floor 1: rp. 336,195,-/month b) 2nd floor : rp. 326,196,-/month c) floor 3: rp. 316,196,-/month d) floor 4: rp. 306.196,-/month e) 5th floor : rp. 296,196,-/month and f) 6th floor : rp. 286,196,-/month http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 b. residential unit type 39 is intended for residents who own/live in the previous building with an area of 41 m2 and above, after the lease is enforced (the lease waiver period has expired) with a rental amount of rp. 397,215,-/month and minus rent of rp. 10,000,per floor above it; a) floor 1: rp. 336,195,-/month b) 2nd floor : rp. 326,196,-/month c) floor 3: rp. 316,196,-/month d) floor 4: rp. 306.196,-/month e) 5th floor : rp. 296,196,-/month and f) 6th floor : rp. 286,196,-/month fifth : temporary relocation of residents affected by the construction to the rancacili cylinder apartment will be accompanied by the bandung city government regional apparatus organization unit with the division of tasks including: a. regional officials as well as the department of housing and settlement areas, land and parks of bandung city for recording and administering residents; b. civil service police unit, bandung city public works service, and bandung city transportation service for providing transportation and securing residents; c. bandung city transportation service for traffic management and citizen escort; d. bandung city fire department for fire prevention and site cleaning; e. bandung city health office and bandung city indonesian red cross for health services; f. bandung city social and poverty alleviation service for basic supplies and public kitchens; g. bandung city flats technical management unit for site preparation at the rancacili rusunawa complex; h. with the available conditions, temporary storage areas will be provided for other furniture items that cannot be included in apartment dwelling units. sixth : provision of rental houses for residents affected by development is carried out with the following mechanisms: a. houses for rent are sought and determined by the residents themselves with a maximum assistance from the bandung city government of rp. 26,000,000,per year per building owner, resident of rw 11 (including tax); b. the lease agreement is made between the owner of the house being rented and the department of housing and settlement, land and landscaping, bandung city; c. the process of moving residents is carried out with the help of transportation facilitated by the bandung city government through the related opd. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 seventh : the provision of rental houses for residents affected by development is carried out by selection including: a. residents have children who go to school around the tamansari village with the scope of the bandung wetan district. b. residents have jobs around the tamansari village with the scope of bandung wetan district. indonesia has several principles related to land acquisition for the public interest that need to be carried out by the government, along with the understanding of these principles including the principle of justice based on law number 2/2012. (indonesia, 2012) 1. humanity means that land procurement must provide proportional protection and respect for human rights, dignity and worth of every citizen and resident of indonesia. 2. justice is to provide adequate compensation guarantees to the entitled parties in the land procurement process so that they get the opportunity to be able to carry out a better life. 3. benefit is the result of land procurement capable of providing broad benefits for the interests of the community, nation and state. 4. certainty is to provide legal certainty of the availability of land in the land procurement process for development and to provide guarantees to the entitled party to obtain appropriate compensation. 5. transparency is that land procurement for development is carried out by providing access to the community to obtain information related to land procurement. 6. the agreement is that the land acquisition process is carried out by deliberation of the parties without any element of coercion to obtain a mutual agreement. 7. participation is support in the implementation of land procurement through community participation, either directly or indirectly, from planning to development activities. 8. welfare is that land procurement for development can provide added value for the survival of the entitled party's life and the wider community. 9. sustainability is development activities that can take place continuously, continuously, to achieve the expected goals. 10. harmony is that land acquisition for development can be balanced and in line with the interests of the community and the state. analysis of the principle of justice against compensation for land procurement in tamansari 11 city of bandung based on dpkp3 decree number 538.2/1325a/dpkp3/2017 judging from law no. 2 of 2012 concerning land procurement for development for the public interest http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 community community 11 tamansari village, bandung wetan district, bandung city has total population of 1,159 with 334 families. (bandung city, 2018) the tamansari rw 11 area is part of a dense settlement in the siliwangi valley which is directly adjacent to the pasupati flyover and the cikapundung river, with the majority being residential houses with other functions such as shop houses, boarding houses and rental houses with varying conditions from permanent , semi-permanent, to buildings that are inadequate in terms of health. conditions in the area of tamansari 11 bandung city: 1. economy a. low-income communities (mbr). b. the community's economic activities are dominated by the trade & service sector, the informal sector. c. unorganized economic activity d. the local (micro) economy is marginalized 2. environment a. solid building (minimal building distance). b. the building faces the river. c. the building violates the river border. d. river pollution. e. groundwater exploitation. f. the drainage system is not yet integrated. g. disposal of dirty water directly into the river. the following is an overview of rw 11 tamansari urban village, bandung city, with the following boundaries: 1. north : pasupati flyover, film park, residents' housing. 2. east : balubur town square. 3. west : cikapundung river, residential housing. 4. south : residential housing. if analyzed, the area of rw 11 tamansari village, bandung city, namely: a. land climatology like other locations in bandung, the area of rw 11, tamansari urban village, bandung city has a tropical climate, having a large amount of rainfall throughout the year. this is true even for dry months. the temperature in the region averages 23.3°c. the average annual rainfall is 2164 mm. b. the morphology of the land area of rw 11 tamansari village, bandung city is located on a land surface that has a fairly steep slope and is directly adjacent to the cikapundung river. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 c. achievement and accessibility this area can be accessed from jalan kebon kembang, before reaching the area, residents will pass through the balubur town square area. compensation needs to have justice, where this justice can be realized if both parties agree that what is given is worthy of being used as an effort to provide compensation. the state of indonesia has several principles of land acquisition which are regulated in law number 2/2012, one of which is the principle of justice which is the focus of discussion in this study. in indonesian, fair means equal, impartial, and impartial. meanwhile, justice means the nature of being fair, impartial, appropriate and not arbitrary. then in english the term "justice" is referred to by several terminology, namely, justice, fairness, equity, andimpartiality. the term justice defined by "the fair treatment of people, the quality of being fair or reasonable, the legal; system used to punish people who have committed crimes.” (hornby, 2000) from this understanding of justice, it shows that the meaning of justice itself is difficult to define with certainty. the point is that justice is a permanent will to be able to give to the parties as recipients of rights with each part. so justice itself gives each one his due and no more, but no less than his right. compensation in land acquisition for development for the public interest in tamansari 11 bandung city is not in accordance with what is regulated in law number 2/2012, where there are several stages that should be carried out by the government such as the planning, preparation, implementation and submission of results by the city government bandung was not implemented, but the bandung city government issued sk dpkp3 number 538.2/1325a/2017 first before conducting socialization to the public regarding planning and compensation to be received by the community which should have been carried out based on the results of deliberation and agreement by both parties. thus, the principle of justice is not created in the procurement of land for development for the public interest in tamansari 11 bandung city. can it be said that it is fair only if the compensation provisions are determined by one party only, without involving other parties, in this case the tamansari 11 community. in this case, the community is required to accept compensation that has been determined by the bandung city government unilaterally through the housing and housing office? settlement areas, land and parks as stated in dpkp3 decree number 538.2/1325a/2017 regarding the determination of building compensation, regulatory mechanisms and implementation of the development of tamansari row houses for the 2017 fiscal year. their livelihood, it is not easy for them to be able to re-establish a business from 0 in a different place, because the business they have built in that area can help the heads of families to be able to support each member of their family. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 the implementation of the revitalization of the row house construction in rw 11, tamansari urban village, bandung city is still hampered in the land acquisition process. where there are residents who still survive in the areas affected by the revitalization have not found an agreement with the government and other problems that have hampered the revitalization process. on october 6, 2017 the bandung city government (dpkp3) held a socialization at taman sari film park, in this socialization the bandung city government confirmed that the provision of rental houses or transfers to rancacili apartments for affected residents in tamansari and priority of occupancy back to the tamansari row house with a rental period free occupancy for the first 5 years and then residents will pay the rental fee in accordance with the provisions stipulated in the decree of the head of service. a free 5-year residence period can be sought in accordance with the regulations governing it (perwal on relocation). the bandung city government also conveyed about the existence of commercial units in strategic locations for residents to do business such as riverbanks, the existence of areas for street vendors to conduct micro-enterprises, additional rooms that can be used as warehouses or study rooms for residents of rw 11. 4. conclusion based on the description above, it can be concluded that the principle of justice against compensation for land acquisition in tamansari 11 bandung city has not been achieved where this occurs because the bandung city government does not carry out land acquisition procedures, namely deliberation on compensation determination as based on law number 2 of 2012 concerning land procurement for development for the public interest, this can be seen from the stipulation of sk dpkp3 number 538.2/1325a/dpkp3/2017 issued by the department of housing and settlement, land and landscaping, bandung city on september 26, 2017 while on october 6, 2017 the bandung city government has only carried out socialization to the community regarding the determination of the compensation. suggestions conflicts between the two parties regarding compensation in land acquisition for the public interest have often occurred in indonesia. this is because the principle of justice regulated by law is not implemented due to not reaching an agreement between the two parties. in this case, the bandung city government should have socialized it first with the tamansari 11 community, as well as discussing the compensation that the bandung city government would provide to the tamansari 11 community affected by the land acquisition. so that land acquisition activities will be carried out much faster if both parties have agreed on what has been discussed. references http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 as hornby. (2000). oxford advanced learner's dictionary of current english (sixth edition). new york: oxford university press. ernis, yul. (2015). implementation of land procurement for development in the public interest. jakarta: protection. fuady, munir. (2018). legal research methods: theory and concept approach (cet 1). depok: publisher pt raja grafindo persada. indonesia. (1960). explanation of the basic agrarian law. uu no. 5 of 1960. ln no. 104 of 1960. tln no. 2043. ________. (2012). explanation of the law on land acquisition for development in the public interest. uu no. 2 of 2012. ________. (1945). 1945 constitution of the republic of indonesia. ________. (2012). law on land procurement for development in the public interest. uu no. 2 of 2012. ln no. 22 of 2012. tln no. 5280. city of bandung. (2018). data on profile and typology of tamansari village in 2018. ________. final report on design of tamansari row houses in bandung city. ________. (2017). sk dpkp3 concerning determination of building compensation, relocation mechanism and implementation of the construction of tamansari row houses for fiscal year 2017. number 538.2/1325a/dpkp3/2017. santoso, urip. (2011) regency/city government authority in the land sector. fair: journal of law. vol 3, no.2, 240. soekanto, soerjono. (1982). legal awareness and legal compliance. jakarta: cv rajawali. ________. (2007). introduction to legal research. depok: ui press. ________ & sri mamudji. (2001). normative legal research (a brief overview). jakarta: rajawali press. soemitro, ronny hanitijo. (1990). legal and jurimetric research methodology. jakarta: ghalia indonesia. subekti, rahayu. (2016). policy on provision of compensation in land procurement for development in the public interest. eleven maret university faculty of law. yustisia. vol. 5, 381. yahman and nurtin tarigan. (2019). the role of advocates in the national legal system. jakarta: kencana. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ template jurnal ijccs ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 249 issn print 2086-6852 and issn online 2598-5892 confiscation of assets in the corruption crime sulvia triana hapsari 1 , abdul madjid 2 , nurini aprilianda 3 1,2,3 faculty of law, brawijaya university, malang, indonesia e-mail: * sulviatrianahapsari@gmail.com article history: received: july 12, 2022; accepted: agustus 22, 2022 abstract corruption as an extraordinary crime so that the punishment is the primum remedium. economic analysis of law can be used to increase the efficiency of handling corruption crimes (tpk) to provide a level of efficiency and a deterrent effect. the formulation of the problem in this study is how to analyze the legal economy in maximizing the spoils of corruption proceeds? as for the purpose of this research is the effectiveness and efficiency of saving state losses through the confiscation of assets allegedly obtained from the proceeds of criminal acts. the research methodology is based on normative juridical with descriptive quantitative approach. the data were collected using the search method and literature review. rusult showed thet based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for perpetrator. keywords: corruption crimes, economic analysis of law, confiscation of assets 1. introduction corruption as an extraordinary crime so that the punishment is the primum remedium (indonesiare, 2019) corruption as part of a criminal act with an economic motive is to get as much wealth as possible, so to kill and deter the crime by impoverishing the perpetrator as the most effective way to eradicate and prevent the act by seizing the results and instruments of the crime. this argument certainly does not reduce the meaning of corporal punishment against perpetrators of criminal acts. however, it must be admitted that merely imposing a corporal punishment has not been proven to have a deterrent effect on the perpetrators of the crime. data from the monitoring results of the 2020 corruption crimes trial conducted by indonesian corruption watch (icw) shows that the total state financial losses due to corruption in 2020 reached idr. 56.7 trillion, while the replacement money granted by the judge in his decision was only around idr. 9 trillion. the amount of state losses due to corruption and its impact on all aspects of people's lives at large, but the assets resulting from the corruption of the corruptors are not touched by the law. (news, 2021) perpetrators of corruption in indonesia are still dominated by the ranks of the bureaucracy. based on icw's monitoring report on the verdicts of corruption cases in the first semester of 2010, there were 119 corruption cases tried with a total of 183 defendants. (rahmayanti, 2018) donald fariz in rahmayanti details that out of 119 corruption cases, 103 cases with 66 defendants were tried in the general court, while 16 cases with 17 defendants were tried at the ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 250. x issn print 2086-6852 and issn online 2598-5892 corruption criminal court. based on the level of verdicts for corruptors, the sentences were in the range of 1-2 years, namely 38 defendants (22.89%). the total value of state losses in 2015 was idr. 31.077 trillion with most of the modes used are budget abuse. “total budget abuse is 24% of 134 cases with a loss value of idr 803.3 billion. (rahmayanti, 2018) based on various survey results, the level of governance effectiveness is reflected in the survey results measuring the level of corruption, if the level of governance effectiveness is high then the level of corruption is relatively low. in terms of strategy to eradicate corruption, logically it can be said that good governance can prevent corruption. governance describes efforts to improve the system which is one of the mandatory steps in eradicating corruption in all sectors, public and private. as a prevention effort, governance must grow dynamically and be flexible to follow the needs of the community. this is in line with the understanding that efforts to eradicate corruption must be interpreted as a long-term challenge that must be addressed intelligently, enthusiastically and sustainably.(anti-corruption clearing house, 2016) the history of eradicating corruption in indonesia has experienced ups and downs, influenced by a mixture of public demands, political and business demands, and even international pressure, as well as various other interests. the earliest legal product in the criminal act of corruption was the regulation of the military authority number prt/pm/06/1957, regulations and anti-corruption bodies were born and dissolved for various reasons.(anti-corruption clearing house, 2016) the handling of corruption in indonesia so far has not been effective, this is shown in the indonesian corruption perception index (cpi), which has not changed much and even tends to stagnate, krisin erdianto in oly viana agustine said that based on a survey released by transparency international indonesia (tii) in in 2017, indonesia's corruption perception index (cpi) score stood at 37 and was in position 96 out of 180 countries surveyed. compared to 2016, the score of 37 has not changed at all, so there is a need for unusual legal remedies to in terms of preventing and eradicating corruption, ((agustine, 2019)) thus creating a negative stigma for the indonesian state and nation in the international community. responding to the corruption issue, chaerudin, syaiful ahmad dinar and syarif fadilah in rihantoro bayuaji stated that: "various ways have been taken to eradicate corruption along with the increasingly sophisticated (sophisticated) modus operandi of corruption. ((bayuaji, 2019)) evidence is very important in the process of imposing a criminal offense for the defendant. however, the authors see that there are weaknesses in the evidentiary process in the criminal justice system in indonesia. for the purposes of proof, it is necessary to have physical evidence or real evidence to explain the fact that a crime has occurred. evidence can be obtained through mandatory action, namely confiscation which is an absolute thing in the investigation process. ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 251 issn print 2086-6852 and issn online 2598-5892 confiscation aims to establish evidence as a priority to be submitted before evidence at trial. this is because the evidence is absolute to accept or not the case to be submitted to the trial (soemarno, 2021). article 38 (1) of the criminal procedure code (kuhp) stipulates that confiscation can only be carried out by investigators with the permission of the head of the district court. article 1 point 16 kuhap also stipulates that, for reasons of evidence, investigators are authorized to confiscate property in investigation, prosecution and trial. along with modernization and the emergence of various modus operandi, it is often difficult for investigators at the confiscation level to collect all evidence and evidence. as a result, the public prosecutor received a case file and incomplete evidence, even though it had met the minimum evidence and the public prosecutor stated p-21. this situation has an effect on the failure of the judicial process so that the defendant is free from the demands of the public prosecutor. this will result in the professionalism of the public prosecutor in defending his charges. the public prosecutor as the party representing the public interest and the victim will at the same time be required to account for it, both accountability from the professional aspect and the juridical aspect which will affect the development of the public prosecutor concerned. the act of confiscation is one of the actions that is a very important part in a legal process, according to law no. 8 of 1981 concerning the criminal procedure code (kuhap) in article 1 number 16 states that: “confiscation is a series of actions by an investigator to take over and or keep under his control movable or immovable objects, tangible or intangible for the purpose of proof in investigation, prosecution and trial”. the construction of the criminal law system that has been developed recently in indonesia is still aimed at uncovering the criminal acts that occurred, finding the perpetrators and punishing the perpetrators of criminal acts with criminal sanctions, especially "imprisonment" both imprisonment and confinement. meanwhile, the issue of developing international law, such as the issue of confiscation and confiscation of proceeds from criminal acts and instruments of criminal acts, has not yet become an important part of the criminal law system in indonesia. (ramelan, 2012) in the economic analysis of law efforts to increase the risk or punishment for perpetrators and recipients of bribes need to be made to provide a level of efficiency and a deterrent effect. there is a conflict of legal norms in the application of article 38 paragraphs (1) and (2) of the criminal procedure code where the authority to confiscate is not fully attached to the investigator but is also attributively owned by the public prosecutor as dominus litis as mandated by law no. 16 of 2004 concerning the prosecutor's office of the republic of indonesia as amended into law number 11 of 2021 concerning amendments to law no. 16 of 2004 concerning the prosecutor's office of the republic of indonesia. because the public prosecutor is an integral part ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 252. x issn print 2086-6852 and issn online 2598-5892 of the criminal justice system as an integral and inseparable part of the law enforcement ecosystem (sugiharto, 2012). based on the authority they have, the public prosecutor not only acts as a public prosecutor before the court but more broadly the public prosecutor has the authority to control a case where the investigation process is part of the pre-prosecution stage (supit, 2016) so that it becomes an inseparable unit in the prosecution process. because the investigation is a series of prosecution processes as in article no. 14 (undang-undang no. 8 tahun 1981 tanggal 31 desember 1981 tentang hukum acara pidana, 1981), the public prosecutor has the position and responsibility in taking action since the investigation stage in realizing the legal objectives to form an order of justice, certainty and benefit in the democratic life of the nation and state. however, another matter regulated in the elucidation of the draft law of the criminal procedure code article 15 paragraph (3) is that at the request of the public prosecutor, investigators may carry out certain legal actions in terms of confiscation of evidence that has not been confiscated at the time of the investigation. this of course causes a blurring of norms because the public prosecutor cannot carry out confiscation actions independently even though it is the public prosecutor who will prove the material truth of the elements of unlawful acts based on the object of confiscation (undang-undang no. 8 tahun 1981 tanggal 31 desember 1981 tentang hukum acara pidana, 1981). whereas based on the administrative and technical guidelines for general and special criminal courts through the decree of the chief justice of the supreme court of the republic of indonesia number: kma/032/sk/iv/2006 dated april 4, 2006 concerning the enforcement of book ii of guidelines for the implementation of duties and administration of the court, it provides space for judges as long as if it is necessary to give permission and or approval to confiscate, the judge may grant the investigator's request and or order the case to the investigator through the public prosecutor to carry out the confiscation (mari, 2008). the conflicting norms that occurred between the application of article 38 and article 39 of the criminal procedure code caused inconsistencies in the application of legal norms that were borne by the public prosecutor for the confiscation actions he carried out in the process of handling cases. for this reason, it is necessary to have uniform norms governing the authority of the public prosecutor in making confiscations based on the material burden of proof owned by the public prosecutor as an effort to optimize the authority of dominus litis owned by the public prosecutor and shorten the time in the process of completing the completeness of the case file. the proceeds of a crime are assets that are directly or indirectly obtained from a crime ("proceeds of crime" shall mean any property derived from or obtained, directly or indirectly, through the commission of an offense). while the definition of property is all movable or ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 253 issn print 2086-6852 and issn online 2598-5892 immovable objects, both tangible and intangible ("property" shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets) (ramelan, 2012) therefore, this article explores the following research questions; how is the economic analysis of law in maximizing the confiscation of corruption proceeds. 2. research method this research is based on judicial normative. data were collected using search methods and literature review. the analysis is based on both primary and secondary legal sources related to this research, then classified and summarized and then concluded. the approach in this study uses a conceptual approach and a statute approach where the study is based on an analysis that is sourced from the provisions of the written legislation. (efendi & ibrahim, 2016) analysis of the problem in this study uses the economic analysis of law approach, namely an economic approach to legal thought in solving problems in the spoils of corruption. economic analysis of law seeks to answer two basic questions about the rule of law. that is, what effect does the rule of law have on the behavior of the actors concerned? and is this effect of the rule of law socially desirable? . 3. result and discussion the economic analysis of law in maximizing the confiscation of corruption proceeds seno adji in cahya mulyana said that the rule of law related to asset confiscation should be a priority for discussion by the regulator because the regulation can strengthen law enforcement in corruption and money laundering (tppu). overlapping rules related to extraordinary crimes, so far asset confiscation is still perceived as limited to perpetrators on the basis of the proceeds of crime or criminal forfeiture, asset confiscation rules are regulated in the bill but there are still many improvements based on the proposal of the prosecutor, the ministry of finance through the financial transaction reports and analysis center ( ppatk) as well as the dpr's proposal, then this bill must be included in the priority national legislation program (mulyana, 2021). the principle relating to the theory of economic analysis in law must contain the principle of efficiency which will create wealth maximization, namely increasing individual welfare without harming other parties which is not only based on justice but also based on social justice. richard a posner put it this way: “the efficiency is, by no means, a condition of zero sum game. it is more into the increases of individual wealth without causing loss to other parties. wealth maximization, or in posner term, in this context sees particular side of justice that includes more than distributive and corrective justice. posner puts stress on “pareto improvement” wherein, the ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 254. x issn print 2086-6852 and issn online 2598-5892 purpose of regulation of law brings valuable contribution to justice and social welfare. (ahmad & machmud, 2018) richard a. posner said that economics analysis of law is the application of economic principles as rational choices to analyze legal issues. richard a posner also stated that:”as for the positive role of economics analysis of law, the attempt to explain legal rules and outcomes as they are rather than to change them to make them better”. the role of economics analysis of law from the point of view of positivism is to explain the rules of law and their goals for change for the better, further added the efficiency theory of common as a system to maximizing the wealth of society”. (sulistyorini & zulaekhah, 2018) the level of social welfare is expected to be equal to the amount of utility expected by the individual. the utility a person expects depends on whether he or she is doing an adverse act, whether he or she is penalized, whether he or she is the victim of a loss that causes harm to others, and on his tax payments, which will reflect the costs of law enforcement, deductions in fines income. collected the more costs incurred in dealing with a risk, the level of utility decreases, if individuals are risk neutral, social welfare can be expressed simply as the gains derived from their actions, minus the losses incurred, and minus the costs of law enforcement. within the scope of authority, enforcement authority is to maximize social welfare by selecting the enforcement of, or, equivalently, the likelihood of detection, as well as the level of sanctions, forms (fines, imprisonment, or a combination), and liability rules (strict or fault-based). (posner, 1992) assume initially that fines are the form of sanction and that individuals are risk neutral. then the optimal fine f is hp, the harm divided by the probability of detection, for then the expected fine equals the harm. this fine is optimal because, when the expected fine equals the harm, an individual will commit a harmful act if, and only if, the gain he would derive from it exceeds the harm he would cause. if individuals are risk averse, one might expect the optimal fine to be lower than in the risk-neutral case for two reasons. first, because risk-averse individuals are more easily deterred than risk-neutral individuals, the fine does not need to be as high as before to achieve any desired degree of deterrence. second, lowering the fine reduces the bearing of risk by individuals who commit the harmful act. however, lowering the fine also increases the number of individuals who commit the harmful act and hence bear risk. (posner, 1992) polinsky and shavell said that the optimal term could be such that there is either under deterrence or over deterrence, compared to socially ideal behavior. on the other hand, a relatively high term, implying over deterrence, might be socially desirable because it means that imprisonment costs are reduced due to fewer individuals committing harmful acts. (for reasons that we will discuss below and because of factors outside the model, our conjecture is that over deterrence is unlikely to be optimal. (posner, 1992) ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 255 issn print 2086-6852 and issn online 2598-5892 imposing fines may, in fact, be costly, due to the need for adjudication and fine collection. were we to take this into account, the main effect on our conclusions would be that the optimal expected sanction would be higher because harmful acts would cause not only direct harm but also, if detected, additional administrative costs. (note, however, that any legal costs borne by the actor are already included in his calculus, so they do not affect the optimal expected sanction.) becker, polinsky and shavell in posner said that we note that when the method of enforcement involves investigating particular acts after they have been committed (rather than auditing or monitoring, such as when police walk a beat), raising the probability of apprehension may, in some ranges, involve lower costs on account of greater deterrence, which reduces the number of acts that need to be investigated to maintain a given probability of detection. (posner, 1992) regulations related to corruption crimes the government of indonesia's efforts to prevent corruption subsequently issued law number 3 of 1971 concerning the eradication of criminal acts of corruption, but it turned out to be a lot of failure. this failure is partly due to the various institutions established to eradicate corruption that do not carry out their functions effectively, weak legal instruments, coupled with law enforcement officials who are not really aware of the serious consequences of corruption. (saputra, 2017) b. vettori, f. m suseno in refki saputra said that the paradigm shift in the way of overcoming crime by imprisonment becomes the proceeds of crime (going for the money), in this case by cutting directly to the center of the crime (head of the serpent) using the concept of deprivation criminal and civil cases as a first step, because the method of imprisonment gradually began to meet failure after failure the paradigm of law enforcement at that time was no longer limited to the pursuit of perpetrators, but also through the pursuit of illegal 'profits' (confiscate illgotten gains). fancois noel babeuf (1760-1797) as the first person to voice the ideals of socialism, that ethically what is stolen from the people should be confiscated as much as possible because the proceeds of crime are something that the perpetrators of crime should not always have, and therefore must returned to the rightful. (saputra, 2017) arrangements regarding the seizure of assets can be found scattered in the criminal code, criminal procedure code, law no. 31 of 1999 concerning the eradication of criminal acts of corruption as amended by law no. 20 of 2001 (corruption act), law no. 8 of 2010 concerning the crime of money laundering (uu tppu), law on mutual legal aid (uu mla), supreme court regulation no. 15 of 2014 concerning the additional penalty of substitute money in the crime of corruption, and the prosecutor's office regulation no. 9 of 2019 concerning amendments to the attorney general's regulation number -027/a/ja/10/2014 concerning guidelines for asset recovery. disseminating regulations related to saving state assets from the proceeds of economic ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 256. x issn print 2086-6852 and issn online 2598-5892 crimes has resulted in less than optimal seizure of assets resulting from criminal acts, and has not been able to present a model of law enforcement that is just for the whole community. (news, 2021) asset recovery for corruption crime the low of maximum fine for perpetrators of corruption as part of an extraordinary crime a maximum fine of idr. 1 billion for perpetrators of corruption is certainly very low when we compare it with other crimes. for example, narcotics crime with a maximum fine of idr 10 billion as stipulated in article 113, article 114, article 116, article 133, and article 137 of the narcotics law. likewise, the maximum fine for money laundering is idr 10 billion as stipulated in article 3 of the money laundering law. (news, 2021) in addition to the small amount of fines, it also has an effect on the amount of kpk pnbp deposits to the state treasury, where the kpk's performance in returning assets or assets resulting from corruption has decreased dramatically in the last two years. this can be seen from the return on assets resulting from corruption in 2019 reaching idr. 468.81 billion, a decrease compared to 2018 which reached idr 600.25 billion. likewise, last year it was only idr 294 billion. (ekonomi, 2021) the regulation regarding compensation for state losses as regulated in article 18 letter b of the anti-corruption law is also not optimal. the additional punishment in the form of giving replacement money which can be substituted with an extension of imprisonment for a length of time that does not exceed the maximum penalty of the main criminal sentence actually provides an opening for corruptors to extend their prison term instead of paying replacement money. (news, 2021) efforts to handle corruption crimes the first legal principle in relation to law enforcement is the protection of human rights, while the second is related to the principle of justice, in which the principle of justice that is relevant to our national condition is the principle (theory) of justice with dignity. it is necessary to be aware by all parties, that currently the state of indonesia is incessantly carrying out the eradication of corruption, because corruption is not a crime that is positioned as a serious crime. however, it does not mean that the state in carrying out law enforcement to eradicate corruption ignores these 2 (two) major theories, namely human rights and justice with dignity. (bayuaji, 2019) this needs to be an important concern of the state considering that the state of indonesia as a democratic country is not a country that has absolute power so that there are limits to its authority, as well as having to consider legal elements where these elements are characteristics of the rule of law. one of the elements in question is that the law is obliged to meet juridical, sociological, economic, moral, philosophical, and modern requirements. the law must also always ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 257 issn print 2086-6852 and issn online 2598-5892 aim to achieve goodness, justice, truth, order, efficiency, progress, prosperity, and legal certainty the values of justice in pancasila. (bayuaji, 2019) based on this civilized justice, confiscation should only be carried out on assets that are truly proven to have originated from criminal acts of corruption, which are ultimately used for the benefit of the state. even the state cannot confiscate someone's assets that have never been proven guilty, because basically the dignified justice theory provides a juridical meaning that the seizure of assets of perpetrators of corruption, both through the legal instruments of the anti-corruption law and the money laundering law, cannot solely use the spirit of "eradicating corruption". which relies on public opinion, but must continue through the due process of law in which the proof of the perpetrator's guilt must be prioritized. (bayuaji, 2019) maximizing the confiscation of assets related to crime the mechanism for confiscation of assets resulting from criminal acts can only be carried out after a court decision has permanent legal force. confiscation efforts carried out by filing investigators, as well as examination of files by the state attorney and also announcements of confiscation of assets. (liputan6, 2021) this becomes an obstacle in efforts to recover state financial losses. the trial process of a corruption case takes months and even years to obtain a court decision that has permanent legal force, this condition provides an opportunity for corruptors to hide their assets so that they are difficult to trace by law enforcement officials.(news, 2021) agustinus pohan said that the existing systems and mechanisms, both in the anticorruption law and other laws and regulations, have not been able to support the return of assets resulting from corruption. the united nations convention against corruption (uncac) in 2003 regulates efforts to confiscate (recover) assets resulting from crimes that have received worldwide attention. corruption is not only a national problem but also an international problem. not a few state assets that are corrupted are then taken away and hidden in financial centers in developed countries which are protected by the legal system in force in that country as a place to store assets resulting from corruption. countries participating in the signing of the uncac have an obligation to encourage the implementation of the provisions for the seizure of assets within the scope of domestic law in their countries. asset confiscation is expected to be effectively implemented to increase efforts to eradicate corruption by providing a deterrent effect. (agustine, 2019) ramelan in refki saputra states that non-conviction-based (ncb) confiscation is a tool or means – which is able to transcend differences in the legal system – to seize assets resulting from corruption in all jurisdictions. indonesia as a state party to uncac as formalized in law number 7 of 2006, while still taking into account national sovereignty, is required to take steps to implement the provisions of the convention. regarding asset confiscation without criminal prosecution, indonesia has proposed a bill to the dpr since 2012 until now. however, the asset ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 258. x issn print 2086-6852 and issn online 2598-5892 confiscation bill has not been ratified until now. this method of in rem confiscation of assets through the ncb asset forfeiture is a revolutionary concept in seizing the proceeds of crime. the process, which is more effective because it bypasses several legal principles and also lowers the standard of evidence in criminal cases, is considered to have the potential to deal with the principles of a fair trial (due process of law) as well as property rights. (saputra, 2017) purnawing m. yanuar, juniadi soewrtojo, romli atmasasmita in rahmawati according to an estimate by transparency international (ti), the amount of funds lost due to bribery in the procurement of government supplies. is at least four hundred billion dollar around the world. the pattern of criminal acts of corruption is based on behavior or actions that are immoral, unethical or unlawful for personal and or group interests that are detrimental to state finances, so to eradicate corruption, in addition to optimizing criminal law, must also use the means of civil law. . the civil process is carried out in recovering state financial losses using the civil forfeiture regime. (rahmayanti, 2018) however, bayuaji, rihantoro said that in the confiscation of assets resulting from a criminal act, the due process of law must be prioritized, in which the proof of the perpetrator's guilt must be prioritized. (bayuaji, 2019) civil forfeiture is applied on a domestic scale, namely filing a civil lawsuit to confiscate or confiscate or expropriate assets resulting from crimes that are in the country. if the assets resulting from the crime are located abroad, some countries that use civil forfeiture domestically apply it extra-territorially (rahmayanti, 2018) or by using the law on mutual legal aid, mutual legal assistance in criminal matters. if the assets resulting from the crime are located abroad, some countries that use civil forfeiture domestically apply it extraterritorially or by using the law on mutual legal aid, mutual legal assistance (mla) in criminal matters is a form of international cooperation according to uncac 2003 in addition to the extradition treaty. arrangements regarding mla have also been promulgated in law number 1 of 2006 concerning mutual assistance in criminal matters. in this law, there are efforts to confiscate and block assets resulting from criminal acts, as set out in article 1 paragraph (5).(santos, 2021) confiscation using civil forfeiture is faster after it is suspected that there is a connection between assets and criminal acts, so that state assets can be saved even though the suspect has fled or died. the principle of civil forfeiture is "the right of the state to return to the state for the welfare of the people". this can be minimized by using civil forfeiture because the object is the asset, not the corruptor, so that the illness, disappearance or death of the corruptor is not an obstacle in the trial process. in proving through civil forfeiture a potential alternative, potential, because it is more effective in efforts to recover assets. (rahmayanti, 2018) ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 259 issn print 2086-6852 and issn online 2598-5892 mohammad yusuf in toetik rahayuningsih said that the concept of asset forfeiture without conviction or nonconviction based (ncb) asset forfeiture this provision is one of the efforts to recover assets, especially in revealing unnatural wealth. in some jurisdictions ncb asset forfeiture this is also referred to as civil forfeiture, in rem forfeiture or objective forfeiture, is a n action against the asset itself (e.g. state vs. $100,000) and not an action against an individual (in person), ncb asset forfeiture is a separate action from criminal proceedings and requires evidence that a property is tainted (stained) by a criminal act. (rahayuningsih, 2013) ncb asset forfeiture is very useful for now, because what is being sued is the asset, not the owner. if using a criminal regime, unclaimed assets will be difficult to retrieve, because in general confiscation in criminal law is always related to the perpetrator. so that if within a certain period of time the confiscation is carried out, no party objected, the state can immediately confiscate the unclaimed assets. however, ncb asset forfeiture also has weaknesses. (rahayuningsih, 2013) mohammad yusuf, bismar nasution in toetik rahayuningsih said that to file a lawsuit against ncb asset forfeiture requires its own expertise, especially in identifying the assets to be sued and looking for evidence to prove the allegation that the asset has a relationship with an asset. another weakness is regarding the limitations in taking assets from corruptors. in general, ncb is a lawsuit to obtain compensatory or remedial damage, not punitive as adopted in the criminal forfeiture regime so that not all losses suffered by the government from a crime can be replaced with this instrument. the latest developments on asset confiscation regulations are related to efforts to optimize the confiscation of assets resulting from crimes. the supreme court issued supreme court regulation (perma) no.1 of 2013 concerning procedures for settlement of applications for confiscation of assets in the crime of money laundering (tppu) and other crimes. the purpose of the establishment of the regulation is to avoid the potential use of money in the practice of money laundering and other criminal acts. (rahayuningsih, 2013) this regulation helps ppatk to handle assets by first seeking permission from the district court. in the future, ppatk will also announce the existence of unclaimed accounts with the intention that parties who feel they have and want to admit the accounts get information. after a party confesses and objects to the confiscation of his account, the court handling the case can prove the truth of the ownership of the account by appointing a single panel of judges. however, if after the court announces the number of unclaimed accounts and no party acknowledges it, the ppatk can immediately carry out the confiscation. furthermore, the money will be declared as state property. (rahayuningsih, 2013) the criminal procedure code (kuhap) also contains a definition of confiscation and confiscation of evidence in investigation, prosecution and court. meanwhile, confiscation is an action by a judge in the form of an additional decision on the main crime as stated in article 10 of ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 260. x issn print 2086-6852 and issn online 2598-5892 the criminal code, namely revoking the right of a person's ownership of objects. based on the judge's determination, objects resulting from criminal acts can be confiscated and then can be damaged or destroyed or can even be used as state property. (article 156 the criminal code). (agustine, 2019) the mechanism for confiscation of assets is also contained in law number 31 of 1999 in conjunction with law number 20 of 2001 concerning the eradication of criminal acts of corruption and law number 46 of 2009 concerning courts for criminal acts of corruption. where in article 18 letter (a) of the anti-corruption law states that "the confiscation of tangible or intangible movable goods or immovable goods used for or obtained from a criminal act of corruption, including the company owned by the convict where the corruption crime was committed, as well as the price of the goods that replace the goods.” (article 18 letter a of the corruption law). based on the article, the act of confiscation of assets has been regulated and used as a sanction against perpetrators of criminal acts of corruption, in terms of efforts to return the proceeds of crime. (agustine, 2019) corruption places the act of confiscation of assets not only as a criminal sanction, in the event that an act of confiscation of assets can be carried out against a defendant who dies before a decision is handed down against him by obtaining strong enough evidence that the person concerned has committed a criminal act of corruption, the judge on the demands of the public prosecutor stipulate acts of confiscation of previously confiscated goods, as stated in article 38 paragraph (5) of the anti-corruption law. (undang-undang republik indonesia nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi, 1999) suharyono said that it was assumed that there were several reasons that were hampered by the ratification of the asset confiscation bill, as follows: (antikorupsi, 2008) 1. still taking into account the act of confiscation of assets so as not to conflict with article 28h paragraph 4 of the 1945 constitution, which protects a person's private property rights. 2. there is no institution for storing confiscated assets that can guarantee the return of assets to the state. although currently there is an asset depository institution belonging to the ministry of law and human rights, 3. concerns about the mixing of confiscation of assets with assets that are not the result of criminal acts of corruption. 4. legal protection for third parties who buy assets from corruptors. based on the above reasons, the author assumes that the bill on asset confiscation proceeds from acts of corruption does not conflict with article 28-h paragraph 4 of the 1945 constitution, because every person whose property is confiscated must be given the opportunity to prove backwards, that the assets he has obtained are not the proceeds of corruption. furthermore, ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 261 issn print 2086-6852 and issn online 2598-5892 protection for third parties who purchase assets resulting from corruption are not ensnared by law, where buyers with good intentions must be protected by law as long as the person concerned does not know the origin of the assets. where based on article 1491 of the civil code it is stated that the seller is obliged to bear the object that is the object of the sale and purchase transaction, as the seller's obligation for the benefit of the buyer, namely control over safe and peaceful objects based on article 570 of the civil code where the seller is the owner and authorized to the object and is free from hidden defects as well as guarantees in article 1491-1493 of the civil code. (kitab undang-undang hukum perdata (burgerlijk wetboek voor indonesie) staatblad tahun 1847 nomor 23, 1847) see (isnaeni, 2015). recovery of state losses through the formulation of sanctions for confiscation of assets in the law on the eradication of criminal acts of corruption, is a criminal law policy that is very strategic in eradicating corruption extraordinary crime. however, the placement of criminal sanctions for confiscation of assets as an additional crime, in fact, weakens law enforcement against corruption is only an alternative or an option, not a definite decision every time a criminal act of corruption occurs, there will be a return of state losses (pranoto et al., 2019). with an economic approach to law, the author sees that government governance is not optimal the level of penalties and fines is low so that the level of corruption tends to stagnate and increase. if it is seen that there are still many levels of state losses due to corruption, prosecution can be carried out criminally and civilly to restore state losses so that they can be used for development. with the punishment related to financial securities in the form of confiscation of assets suspected of being related to criminal acts and unfair transactions, the perpetrators think twice about committing corruption. article 18 of the law on the eradication of criminal acts of corruption, there are several important provisions regarding criminal sanctions for confiscation of corrupt assets. the provisions that need attention are as follows: 1. the position of criminal sanctions for confiscation of corrupt assets as additional criminal sanctions. 2. asset confiscation is carried out on property obtained by the suspect/defendant from a criminal act of corruption. 3. asset confiscation is closely related to the return of state losses 4. confiscation of the convict's property is carried out if the convict does not pay replacement money. the property was confiscated and auctioned off to cover money confiscation of assets using the non-conviction based asset forfeiture model is needed in order to return assets resulting from criminal acts of corruption more effectively, because it is in accordance with follow the money or follow the assets and carry out the mandate of uncac. the second conclusion is that the ideal model for confiscation of assets for criminal acts of corruption ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 262. x issn print 2086-6852 and issn online 2598-5892 is to use a new legal mechanism with the application of non-conviction based asset forfeiture, and to use proof of material offenses, in contrast to the formal offenses currently used in the corruption act. confiscation of assets abroad has a different mechanism with confiscation in the country because it is related to different jurisdictions, for that we need appropriate steps, one of which is freezing of assets through an application to the local authority (cahyono, 2018). regarding asset confiscation in the context of a criminal act, the kpk carries out the procedure for confiscation of assets abroad with asset freeze or asset freezing. this mechanism is carried out with the help of local authorities. the coordinator for tracking confiscated objects and executions (labuksi) of the kpk stated that the request was a form of cooperation between law enforcers. one of the cases related to confiscation of assets abroad, namely in australia and singapore through mutual legal assistance or assistance involving the state to be equally active in saving state losses, after a local court ruling by law enforcement officials was not legally and convincingly, where the confiscation auctions can be carried out after a local court decision and the results are returned to the rightful government (cahyono, 2018). romli atmasasmita in gusti said that the asset confiscation bill is very important to solve the asset near robbery that was taken away by the perpetrators abroad, even though the perpetrators have been caught but their assets are not immediately controlled, for that we need cooperation between the state and government as well as the political will of the trias politica institution. in preparing legal instruments through asset tracking, asset confiscation, asset confiscation to asset management (gusti, 2008). ade irawan said that confiscation of assets has been far more effective and has provided a deterrent effect for perpetrators of economic crimes, especially corruption, considering that impoverishment of perpetrators is more frightening than imprisonment given the mental attitude of corruptors who are more afraid of poverty than fear of imprisonment. thus, corrupt actors can fight against the confiscation of assets if they can prove with reverse evidence stating that the assets are not the proceeds of crime (pitakasari, 2013). in the economic analysis of profit and loss, if the application of criminal sanctions is primum remedium, besides that, regulations regarding asset seizure are needed so that the perpetrators feel maximum suffering, considering that the purpose of cooperatives is related to economic problems, the profits obtained illegally must be confiscated for the state. 4. conclusions based on the economic analysis of law, the shift in criminal orientation in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets and impoverishment of perpetrators of criminal acts of corruption without ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 263 issn print 2086-6852 and issn online 2598-5892 diminishing the meaning of corporal punishment against perpetrators of criminal acts shows effectiveness and efficiency and will increase the deterrent effect for perpetrators, in accordance with the economic approach to the law where the costs incurred exceed the expected profits from the results of corruption carried out and for the state with this confiscation it can replace state financial losses that can be used for the welfare of its citizens. this approach emphasizes that legal regulation is a change for the better, in this case indonesia and indonesian society in general. references agustine, o. v. 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(2017). tantangan penerapan perampasan aset tanpa tuntutan pidana (nonconviction based asset forfeiture) dalam ruu perampasan aset di indonesia. integritas, vol. 3, 115– 130. soemarno. (2021, june 13). meminimalisir bolakbaliknya berkas perkara antara penyidik dan jaksa (p.16). komisi kejaksaan ri, 1 accessed january 15, 2022. https://komisikejaksaan.go.id/meminimalisir-bolak-baliknya-berkas-perkara-antara-penyidik-dan-jaksa-p16/ sugiharto. (2012). sistem peradilan pidana indonesia dan sekilas sistem peradilan pidana di beberapa negara. in issn 2502-3632 (online) issn 2356-0304 (paper) jurnal online internasional & nasional vol. 7 no.1, januari – juni 2019 universitas 17 agustus 1945 jakarta (vol. 53, issue 9). uninssula press. ijccs, vol.x, no.x, july xxxx, pp. 1~5 vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 265 issn print 2086-6852 and issn online 2598-5892 sulistyorini, i., & zulaekhah, s. (2018). economic analysis of law pada perubahan kebijakan kontrak karya menjadi ijin usaha pertambangan khusus (iupk): studi kasus pt. freeport indonesia. pena justisia: media komunikasi dan kajian hukum, 17(2), 70–79. https://doi.org/10.31941/pj.v17i2.544 supit, a. a. (2016). prapenuntutan dalam kuhap dan pengaruh berlakunya undang-undang nomor 16 tahun 2004 tentang kejaksaan republik indoneisa. lex crimen, v(1), 99–106. undang-undang no. 8 tahun 1981 tanggal 31 desember 1981 tentang hukum acara pidana, (1981). undang-undang republik indonesia nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi, pub. l. no. lembaran negara ri tahun 1999 nomor 140, tambahan lembaran negara ri nomor 3874 (1999). ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 legal protection for victims of traffic accidents due to against the law rafi hidayahtullah pakaya, tutiek retnowati faculty of law, narotama university surabaya e-mail: rafihidayatullah69@gmail.com abstract the occurrence of a traffic accident is an act against the law that can result in harm to other people, violators can be sentenced in the form of payment of compensation either materially or immaterially to the victim and their heirs. according to article 1365 of the civil code states "every act that violates the law, which results in harm to others. it is obligatory for people who because of their actions to publish losses, are obliged to compensate for these losses", further article 1366 of the civil code states that "everyone is required to be responsible not only for losses caused by his actions, but for losses caused by negligence or lack of caution. keywords: traffic accident, unlawful acts, compensation 1. introduction in the development of development progress, especially in the field of technology that produces transportation facilities and infrastructure in the form of motorized vehicles that can be used as a means of transportation, advances in technology and transportation. provide convenience in community relations from one area to another. the increasing use of motorized vehicles along with the development of technology and transportation with a lack of balance in transportation infrastructure in the form of road expansion and lack of public awareness in traffic, the level of traffic accidents also increases. traffic accidents result in losses to a single party or other parties, so it is natural for the party who was harmed due to an accident to demand compensation. in this case, it will not cause problems if the driver is the owner of the vehicle itself, but in reality, like the drivers of public transportation such as public transportation, public buses only have the status of tenants or employees who are financially unable to pay compensation. so it is not uncommon to pay compensation not commensurate with the losses incurred. the occurrence of traffic accidents is caused by carelessness or negligence of drivers who do not pay attention to existing traffic rules and signs. if the driver can obey the rules that have been set, it can reduce the occurrence of traffic accidents, but in reality the rules that have been set by law are often violated intentionally or unintentionally. the law in addition to regulating relations between communities also has a coercive nature, so that the law can be obeyed properly. judges and law enforcement officers are expected to restore the rights of those who feel aggrieved. one of the consequences of violating the rule of law, and also http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:rafihidayatullah69@gmail.com ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 burdening the obligation to the party causing the loss as a result of the unlawful act. a traffic accident is an act against the law that causes harm to other people, the party who violates it will get strict action in the form of punishment and are required to pay compensation both materially and immaterially to the party who has been harmed. as a result of the driver committing an unlawful act resulting in a traffic accident that results in a loss to the victim, the party committing an unlawful act is obliged to compensate for the loss. article 1365 of the civil code explains the obligation to compensate the driver of a motorized vehicle who is negligent or violates the law which causes losses in the event of a traffic accident. in fact, compensation is not fully carried out by the driver which results in a traffic accident to the victim (iskandar t, 2017). compensation is generally divided into a breach of contract and a lawsuit against the law (pmh), basically compensation is a replacement in the form of money or other people's goods against someone who has been harmed. article 1365 of the civil code confirms that an unlawful act (pmh) that results in a loss due to an unlawful act (pmh) to another person, then the party who commits an unlawful act is obliged to compensate for the loss. by affirming article 1365 of the civil code regarding unlawful acts (pmh) that everyone has the right to claim compensation for unlawful acts (pmh) that harm him. it can be concluded from the provisions of article 1365 of the civil code, there are the following elements: a. there is an act against the law b. there is a loss c. there is an error d. there is a causal relationship between loss and action. 1. the existence of unlawful acts under the teachings of logic before january 31, 1919, "onrechtmatigedaad" (acts against the law) in a narrow sense is an act that violates the law. breaking the law is an act that violates the subjective rights of others or is contrary to the legal obligations of the perpetrator. arrest cohenlidenbaum (hr 31 january 1919) interpretation of onrechtmatigedaad is interpreted broadly, including the following: a. violating the rights of others b. contrary to decency c. contrary to the legal obligations of the perpetrator http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 d. contrary to prudence in society 2. the existence of an error the second element of an unlawful act in article 1365 of the civil code is the existence of an element of error in the person who commits an act against the law. law. in connection with the element of error in an unlawful act, that the person who commits the unlawful act is aware and knows if doing the act causes harm to other people. in connection with the element of an unlawful act, it can be interpreted that by committing an unlawful act the person already knows the consequences of the act. even so, every unlawful act must contain an element of error in it, but in fact there are certain times that cause a person to be unable to account for his actions even though objectively it is an action that is included in an unlawful act. a person must be responsible based on an unlawful act as stated in article 1365 of the civil code, then that person must be guilty. the error must be proven by the party demanding compensation or proof from the plaintiff (article 1365 of the civil code). in certain circumstances, it can eliminate the element of error, in the case of coercive circumstances or the perpetrator is mentally unsound (crazy). 3. the existence of a loss the civil code law explains that compensation includes the following matters: 1) compensation for all unlawful acts (article 1365) 2) compensation for actions committed by other people (article 1367) article 1367 (1) of the civil code, a person is not only responsible for losses caused by his own actions, but for losses caused by people who are his dependents or goods that are under his control. supervision (vicarious liability). 3) compensation for the family left behind as a result of being killed (article 1370) 4) compensation for the owner of the collapsed building (article 1369) 5) compensation for animal owners (article 1368) 6) compensation for injuries or limb defects (article 1371) 7) compensation due to acts of humiliation (1372) in the civil code, it is not clear what compensation must be paid due to unlawful acts, while article 1243 of the civil code contains provisions regarding compensation due to default, which can be determined to determine compensation due to an act. against the law. 4. the existence of a causal relationship between losses and actions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 in the teaching of causality is very important in the field of civil law, but also in criminal law. there are 2 (two) well-known theories in this relationship, namely the adequate veroorzaking (von kries) theory and the conditio sine quanon (von buri) theory. 2. research methods in this thesis research, the type of research that will be used is normative juridical research. normative juridical research is writing that is intended and carried out by reviewing statutory regulations and other written legal materials that are related to this research. (soerjono soekanto and sri mamudji, 2004). sources of legal materials in writing this research are primary and secondary sources of legal materials. primary legal materials are legal materials that have binding legal force in the form of statutory regulations, such as the civil code and law no. 22 of 2009 concerning road traffic and transportation. (peter mahmud marzuki, 2005) 3. results and discussion on the definition of unlawful acts normative acts against the law in indonesia are based on the provisions of article 1365 of the civil code. there is a uniqueness in the formulation of norms in this article, article 1365 of the civil code, the formulation of norms is a structural norm in the substance of complete legal provisions. therefore, the substance of the provisions of article 1365 of the civil code always requires material outside the scope of the civil code, therefore acts against the law have developed based on court decisions and the act (abdul kadir muhammad, 2014). acts against the law are regulated in book iii of the civil code concerning engagement. unlawful acts in indonesia originating from continental europe are regulated in articles 1365 to 1380 of the civil code, in these articles the form of responsibility for unlawful acts is regulated. jurisprudence in indonesia on unlawful acts has shown developments regarding interpretation in the history of civil law. when viewed from the regulatory model in the civil code regarding other unlawful acts, and as in countries that adhere to the continental european legal system, the legal responsibilities in indonesia are as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 1. responsibility with elements of error (intentional and negligence) as contained in article 1365 of the indonesian civil code. 2. responsibility with an element of error, especially in the element of negligence as contained in article 1366 of the indonesian civil code. 3. absolute responsibility (without error) in a narrow sense as in article 1367 of the civil code. jurisprudence has a very important role regarding the meaning of unlawful acts, basically only two very important articles in the civil code that still require further interpretation or meaning. those articles that require interpretation are article 1365 of the civil code and 1366 of the civil code. article 1365 of the civil code explains that every act that violates the law, which results in a loss, is required to compensate for the loss. then, article 1366 of the civil code explains that everyone is required to be responsible not only for losses caused by their actions, but also for losses caused by negligence and lack of caution (suhendro, 2014). acts against the law according to article 1365 of the civil code, initially there was a narrow understanding due to the influence of the teachings of legism, the understanding held that unlawful acts were actions based on actions that were contrary to a person's legal rights and obligations according to the law. in other words, an act against the law (onrechtmatige daad) is also the same as an act against the law. in dutch the term onrechtmatigedaad has a very narrow meaning, namely article 1365 burgerlijk wetboek (bw). furthermore, it is used for the term civil code (kuhperdata) as a substitute for bw. many interpret this article differently between legal experts, some interpret it as an act that violates the law and there are also some legal experts who interpret it as an act against the law. according to r. wirjono prodjodikiro onrechtmatigedaad defined as an act that violates the law. according to him, the meaning of the word "deed" in the words "acts violating the law" can also be interpreted as positive or negative thoughts. covering things with silence a person can be said to violate the law because according to the law the person is acting. these negative thoughts are active, that is, a person who is silent can be called committing a legal act, if the person is aware that staying silent is violating the law. so what moves is not the person's body, but feelings and thoughts, so the moving element of the word "action" now exists. the definition of "violating" in the words "violating the law" has an active nature, so according to wirjono prodjodikoro the most appropriate word to explain onrechtmatigedaad is an act of violating the law because according to him the unlawful act is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 intended for existing laws in general and applicable in indonesia and most adhere to customary law. (r. wirjono prodjodikoro, 2000) then acts against the law are not only acts that violate the law, but actions that violate written rules such as a) actions that are contrary to the legal obligations of the perpetrator, b) violating the subjective rights of others, also c) acts that violate the law. which violates unwritten rules, namely the rules regarding decency, d) propriety, thoroughness, and prudence that should be carried out by a person in the association of community life and against public property. according to djunaedah hasan, quoted by rosa agustina, stated that the act of violating the law is broadly defined, namely: a. violating the subjective rights of others, namely violating the authority given by law to a person, jurisprudence defines subjective rights, including: 1) the right to property, freedom and absolute rights 2) individual rights such as freedom, honor, good name . things that violate the subjective rights of others, are against the law if the act violates the subjective rights of others. with a violation of behavior based on written or unwritten law, the perpetrator should not have violated this and according to law there is no justification. b. contrary to the legal obligations of the perpetrator. legal obligation has the meaning as a person's obligation based on the law, both written and unwritten law c. contrary to decency, which is contrary to morals, as far as social life is recognized as a legal norm, utrecht states that what is meant by decency is that all norms that exist in society are not law or religion. d. contrary to the propriety that applies in the association of society towards oneself and others. this must be seriously considered regarding the interests of oneself and the interests of others which according to society is appropriate and appropriate. the following are categories that are contrary to propriety: 1) actions that can harm other people without proper interests 2) acts that are useless and which can cause harm to others, which according to normal thinking are important to pay attention to. (rosa agustina, 2003) regarding whether an action is an unlawful act, it is not enough if it is based on a violation of the rule of law, but must also be viewed from the point of view of propriety. the fact that someone has violated the rule of law can be a consideration in assessing whether the act can cause a loss that is appropriate or not with the propriety that should be done by someone in the community. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 in a narrow sense, "acts against the law can be interpreted that someone who violates another person or that person has committed an act that is contrary to his own legal obligations". arrest from hoge raad 1919 number 110 dated january 31, 1919, the meaning of an unlawful act became wider. (hf a. volmar, 2004). thus, the definition of an unlawful act in the broadest sense becomes, the act does not only violate the rights of others or is contrary to the legal obligations of the perpetrator or the person committing the act. however, this act is also contrary to decency and propriety towards oneself or other people's property, which is in the social life of the community, in the sense that it is contrary to unwritten provisions, such as customs and so on. definition of traffic accident a traffic accident is an unforeseen or unintentional event that results in a vehicle or without road users which can result in human casualties and loss of property and property. a traffic accident is an event that occurs due to many unintentional factors, in the simple sense that a traffic accident can occur due to these circumstances simultaneously at a certain time at the same time. traffic accidents are events that cannot be predicted when and where they occur. accidents cause a lot of losses that result in trauma, injury or disability which also results in death. traffic accidents every year also increase and are difficult to minimize along with the increasing use of motorized vehicles. based on the definition of traffic accidents, it can be concluded that traffic accidents are unpredictable events caused by motorized vehicles or other road users that occur on the highway or in an open place that becomes a means of traffic resulting in damage, injury, loss. property, and more severe can cause death. according to the llaj law, traffic accidents are divided into 3 (three) types, namely: a. minor traffic accidents are accidents that result in damage and loss of vehicles or property b. moderate traffic accidents are accidents that result in minor injuries and loss or damage to vehicles or property c. heavy traffic accidents are accidents that result in serious injuries, disability, and death. accidents are classified according to the number of vehicles involved in the traffic accident into: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 103 a. a single accident is an accident that involves a motorized vehicle but does not involve other road users, for example hitting a tree, the vehicle slipping due to a slippery road, rolling over due to a blown tire. b. multiple accidents are accidents caused by more than one vehicle or road user who experience an accident at the same time in the same place. accidents are classified according to the number of vehicles involved in the traffic accident into: a. a single accident is an accident that involves a motorized vehicle but does not involve other road users, for example hitting a tree, the vehicle slipping due to a slippery road, rolling over due to a blown tire. b. multiple accidents are accidents caused by more than one vehicle or road user who experience an accident at the same time in the same place. traffic accidents can be influenced by several factors, ranging from human factors, vehicles, road environment, described as follows: a. human factors human factors are the most influential factors in accidents, humans use the road as pedestrians and vehicle users who become victims of accidents can also be the cause of accidents. vehicle drivers are the main factor causing accidents, almost all accidents occur due to traffic violations. in accidents, the human factor includes all factors that have a relationship with the actions of drivers and road users that contribute to accidents. examples of driver actions, namely: the driver's sight and hearing, the ability to make decisions and the speed of reaction in changing road conditions and the environment. even though having driving skills is tested as a condition for obtaining a driving license, drivers can experience a high risk of accidents because they are confident in challenging situations and successfully overcome them so that the potential risk of accidents increases. b. vehicle factors motor vehicles have been designed with a safety factor to ensure the safety of the driver, the vehicle must be maintained starting from the engine, brakes, tires, lights, rear view mirrors and seat belts to function properly, so it is expected to: 1) reduce the number of accidents 2) reducing casualties in traffic accidents on other road users 3) damage to motorized vehicles is a factor in traffic accidents if they are not used properly such as road conditions or use that is not in accordance with the rules http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 . several things that cause accidents due to vehicle factors, namely: 1) brakes don't work properly, tires burst, steering isn't good, lights go out at night, these are vehicles that are not roadworthy. 2) overloading loading order. 3) the vehicle light system has a purpose so that the driver can see the condition of the road in front of him or show the vehicle to other road users. c. road environmental conditions and natural factors road conditions and nature factors have an effect on traffic accidents. damaged road conditions result in traffic accidents, malfunctioning of markings, traffic signs and traffic signaling equipment properly can also cause traffic accidents. roads are made aiming to connect from one place to another, either in the city or outside the city, the road condition factors influence events in traffic. this affects the driver in regulating the speed (austroads, 2002). legal rights for traffic accident victims regarding traffic accidents, several parties, either directly or indirectly, become victims of traffic accidents. the party who is the direct victim of a traffic accident is the party directly involved in the traffic accident, for example, road users and property owners who experience traffic accidents. road users can be drivers of motorized or non-motorized vehicles or passengers of vehicles, whether motorized or not, and pedestrians who use the road. for parties who are not directly involved in a traffic accident, it is the family of the perpetrator or the victim of a traffic accident, superior or public transport entrepreneur whose subordinates or employees had a traffic accident. for the payment of compensation due to losses caused by traffic accidents involving the parties, to directly be required to compensate for the losses incurred or parties who indirectly have to compensate. the party who must directly compensate for the loss in the event of a traffic accident is the driver whose fault causes material or immaterial losses. meanwhile, the party who is indirectly required to compensate for the loss is the employer or entrepreneur whose subordinates or bodyguards make a mistake, causing a loss. the compensation has been regulated in law no. 22 of 2009 concerning road traffic and transportation, where the perpetrator can also be accompanied by a civil claim for material losses caused. prof. andi hamzah stated, "in various cases, if someone makes a mistake that causes harm to another person, then he is required to pay compensation". this is what is usually called "legal protection for traffic accident victims". actually, legal protection for accident victims is not new to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 law, where at the time the dutch east indies government had been regulated in the werverkeersordonnatie (stateblad 1933 number 86) then it was amended and added to law no. 7 of 1951 concerning amendments and additions to the road traffic law (wegverkeersordonnatie, staatsblad 1933 number 86). during its development period, it was finally replaced with law no. 3 of 1965 concerning highway traffic and transportation which eventually became the first law to regulate traffic in indonesia after indonesia's independence. over time, this law was replaced by law no. 14 of 1922 concerning road traffic and transportation and finally changed to law no. 22 of 2009 concerning road traffic and transportation. in the event of a traffic accident, the victim has the rights regulated in article 240 of the llaj law which reads: the victim of a traffic accident has the right to: "help and care from the party responsible for the occurrence of a traffic accident and/or the government, compensation from parties who are responsible for the occurrence of traffic accidents and traffic accident compensation from the insurance company " based on the rights of the victim, there are parties who are required to fulfill the rights of the victim, namely the driver, owner, or public transportation company that resulted in the accident. traffic. this obligation can be seen in article 236 of the llaj law which reads: "the party causing the traffic accident as referred to in article 229 is obliged to compensate for the loss, the amount of which is determined based on a court decision". the obligation to compensate for the loss as referred to in paragraph (1) in the traffic accident as referred to in article 229 paragraph (2) can be settled out of court if there is an amicable agreement between the parties involved. the obligation to compensate for losses resulting from vehicle drivers who commit unlawful acts due to the provisions of article 1365 of the civil code which stipulates that a person who is guilty of committing an unlawful act that results in harm to another person, is obliged to compensate for the loss.over time, in practice, it often happens that a motorized vehicle driver commits an unlawful act, especially a public vehicle driver, not as the owner of the vehicle he is driving, but only as an employee or driver who works for another person or the owner of the motorized vehicle, so that in this case, if there is a traffic accident caused by the driver of a motorized vehicle who works for the owner or entrepreneur of public transportation, the owner or entrepreneur of the public transportation may be responsible for compensating the loss incurred by the worker or employee. as in article 1367 (3) of the civil code which reads, the employer or the person who appoints another person to represent his affairs, is responsible for the losses incurred by his subordinate or the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 person who represents him. from several studies, bus or public transportation entrepreneurs are known to limit their responsibilities, and entrepreneurs in their agreements with drivers always state that if there is a violation of the law caused by employees, the entrepreneur is not responsible, including unlawful acts that result in traffic accidents. . because in the work agreement clause which imposes the burden on the entrepreneur and is responsible for compensating for the loss for his actions, basically the entrepreneur is not responsible for the losses arising from traffic accidents as a result of the unlawful acts of the driver or his employees. however, in practice within the scope of the district court, even though there has been a work agreement containing a clause to free the entrepreneur from the responsibility to compensate for the losses incurred by his employees. but in reality, as well as the fact that entrepreneurs continue to make donations to help ease the burden borne by drivers or their employees, the amount of each entrepreneur is not the same. however, if the compensation by the driver or entrepreneur is deemed insufficient by the victim, but has not yet forwarded the claim for compensation to the state court, the judge based on a sense of justice and belief will always grant the request from the victim to obtain compensation jointly and severally from the victim. the driver or the entrepreneur. this is because the entrepreneur is an employer who can be included as a participating party responsible for losses arising from unlawful acts of his subordinates, based on article 1367 paragraph 93 of the civil code. regarding the obligations of motorized vehicle drivers who commit unlawful acts to compensate victims as a result of traffic accidents arising from the provisions of article 1365 of the civil code which based on this article determines that a person guilty of committing an unlawful act resulting in harm to another person, then he must compensate for the loss. when viewed from the provisions of article 1365 of the civil code only explains about unlawful acts without explaining in detail about unlawful acts for any event, so article 1365 of the civil code can be widely applied in various events. due to the wide application of article 1365 of the civil code so that it can also be applied to traffic accident problems with the conditions that must be met regarding the elements in article 1365 of the civil code, namely: a. the existence of unlawful acts from motorized vehicle drivers b. there are losses caused by motorized vehicle drivers c. there is an error from the motorized vehicle driver d. there is a causal relationship between unlawful acts caused by motorized vehicle drivers and the losses incurred. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 the act of violating the law in traffic accidents on the highway is a violation of the regulations that have been applied on the highway, resulting in traffic accidents but also as a result of negligence to be careful as regulated in articles 359 and 360 of the criminal code (chidir ali, 1991). negligence of motorized vehicle drivers due to lack of caution, resulting in traffic accidents which ultimately lead to victims, is a mistake. as a result of perpetrators committing acts against the law, resulting in victims from road users or from the state as the owner of equipment on the highway and the highway itself. losses arising from traffic accidents can be in the form of material or immaterial losses. the form of loss when viewed from a theory is a loss or reduction in the value of an item, additional costs incurred, and lost profits as expected. the form of theory if interpreted broadly when applied to traffic accidents can be classified into 3 parts, namely: loss, reduced value of an item, damage, costs for health care or corpses that must be incurred, and loss of profits or benefits for an item, for example. work equipment or injuries to the limbs. the loss felt by the victim arises as a result of a traffic accident caused by an unlawful act. in this case, it shows a causal relationship between unlawful acts and losses felt by the victims of traffic accidents. if viewed from the elements of unlawful acts, especially the element of error, loss arising from a causal relationship between unlawful acts and losses incurred, then the three elements that must exist in article 1365 of the civil code are fulfilled. thus, as a result of unlawful acts committed by the driver causing harm to the victim, therefore the driver has an obligation to pay compensation as regulated according to article 1365 of the civil code. for the payment of compensation is not always in the form of money. even though what is meant in the provisions of article 1365 of the civil code is to make it possible to return suffering to its original state or at least to a state that one might believe. if an unlawful act occurs, it is better to try to return it to its previous state or a real return and if it is more appropriate than payment of compensation in the form of money, because payment with a certain amount of money is only a relative value. the loss caused by the driver's unlawful act in the form of: destruction or damage to an item in the usual form of compensation from the driver is the return to its original form, for example a driver who crashes into a building or other vehicle will repair or replace the damage to the vehicle or building.the obligation of motorized vehicle drivers who commit acts that violate the law for compensation for losses for victims of traffic accidents is not without limits. the intended limitation is in terms of who is obliged to bear the burden to compensate the victim. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 basically, the main purpose of providing compensation is to provide justice and welfare for victims as members of the community and the benchmark is to provide opportunities for victims to develop their rights and obligations like humans in general. on that basis, the application of compensation to victims should be a combination of various approaches, both approaches in the field of social welfare and humanitarian approaches. regarding the status of the driver of the owner of the motorized vehicle he is driving, it can also affect the implementation of compensation for the victim, because it will be related to who must carry out compensation. in general, the legal relationship between the driver of a motorized vehicle and the owner of the vehicle he is driving has two kinds of differences, namely: the driver who is also the owner of the vehicle he is driving and the driver is a worker or employee of the owner of the vehicle he is driving. the driver is also the owner of the vehicle he is driving under article 1365 of the civil code is responsible for losses that arise as a result of his unlawful act (sudirman kartohasdiprodjo, 1997) . driving a motorized vehicle belonging to a friend or his own family or a driver who is driving a rented vehicle. drivers who are employees of motorized vehicle owners are not fully responsible for losses arising from traffic accidents caused by unlawful acts caused by them. drivers from this group are protected by article 1367 of the civil code which explains that the employer is responsible for losses incurred by servants or subordinates in carrying out work for the names of the people used. drivers from the second category in this case, for example are drivers of motorized public transport vehicles as employees or workers of the company and drivers of motorized vehicles who drive vehicles for their employers. procedures for traffic accident victims to get their rights protection for traffic accident victims must go through the stages of procedures that can obtain rights as victims, as follows: 1. help and treatment, in article 240 of the llaj law explains that the victim's rights can be obtained by the victim from the party responsible for the traffic accident and/or the government 2. stop the vehicle he is driving 3. provide assistance to victims 4. report the accident to the nearest police 5. provide information related to accident events. (ari dermawan, 2020). provision of compensation for traffic accident victims http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 legal protection for victims as a result of traffic accidents is not new, where at the time the dutch east indies government had regulated the werverkeersordonnatie (stateblad 1933 number 86) then amended and added to law no. 7 of 1951 concerning amendments and additions to the road traffic law (wegverkeersordonnatie, staatsblad 1933 number 86). during its development period, it was finally replaced with law no. 3 of 1965 concerning highway traffic and transportation which eventually became the first law to regulate traffic in indonesia after indonesia's independence. over time, this law was replaced by law no. 14 of 1992 concerning road traffic and transportation and finally changed to law no. 22 of 2009 concerning road traffic and transportation. violations of criminal provisions concerning traffic can be a factor in the occurrence of traffic accidents that can cause losses. accidents that arise are not only in the form of collisions, but also between motorized vehicles and between motorized vehicles and other road users, but there are also other accidents such as passengers falling from a city bus or inter-city public transportation falling into a ravine. in this kind of accident, in general, people will question the punishment imposed on the perpetrator who was guilty of the accident. (mariana sutadi, 1992). in general, regarding the obligations and responsibilities of drivers, motorized vehicle owners, and or transportation companies, it is regulated in article 234 paragraph (1) of the llaj law which states, "the driver, motorized vehicle owner and or public transportation company are responsible for the losses suffered by the victim. ." however, this provision will not apply if: a. the existence of forced circumstances that cannot be avoided or are beyond the ability of the driver b. caused by the actions of the victim himself or a third party c. caused by the movement of people or animals despite precautions being taken. the party causing the accident is charged with the obligation to compensate for the loss suffered by the victim and the amount is determined by a court decision. the obligation to compensate this loss can be carried out outside the scope of the court if there has been an amicable agreement between the parties involved. legal protection for victims of traffic accidents in indonesia is contained in law no. 22 of 2009 concerning road traffic and transportation. legal protection for accident victims contains the rights obtained in the event of a traffic accident as stated in article 240 concerning the rights obtained by traffic accident victims, namely: a. compensation for the party responsible for the result of a traffic accident b. treatment and assistance from parties responsible for traffic accidents and/or the government http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 c. compensation for traffic accidents from the insurance company. help from the responsible party is an incentive measure in the form of helping the victim, bringing the victim to the hospital and paying for the treatment of the victim while in the hospital or, either in the form of outpatient or inpatient treatment with the intention of recovering the victim caused by the traffic accident. basically, the first aid measures are not entirely provided in the form of medical treatment at the hospital. this can happen when both parties agree and the victim spontaneously prefers to go to the nearest traditional healer. spontaneous agreement between the two parties in practice in the field can be concluded as a form of the suspect's responsibility for the rights of traffic accident victims. compensation is the fulfillment of the rights of traffic accident victims from the party responsible for the occurrence of traffic accidents, while article 234 explains that: 1. drivers, vehicle owners, and public transportation companies are charged with the obligation to compensate for losses suffered by passengers or owners of goods and/or third parties due to negligence of the driver 2. every driver, owner of motorized vehicle, and public transportation company is obligated to be responsible for damage to roads or road equipment due to negligence or fault of the driver. 3. the provisions referred to in paragraphs (1) and (2) shall not apply if: a. the existence of forced circumstances that cannot be avoided or are beyond the ability of the driver b. caused by the actions of the victim himself or a third party c. caused by the movement of people or animals even though preventive measures have been taken the sound of article 234 explains the obligations and responsibilities imposed on the driver, motorized vehicle owner, or public transportation company to provide compensation costs to passengers and goods owners or third parties who harmed as a result of the driver's negligence. in this case, it is explained that the parties mentioned are responsible if there is damage to the goods experienced by both the passenger and the owner of the goods. the liability of the parties previously mentioned is readjusted according to the level of error resulting from the negligence. in addition to the burden of compensation for accident victims, these parties are also charged with replacing damage to roads and road equipment caused by errors or negligence of the driver. in the event of a traffic accident, the victim is also entitled to receive compensation for the incident. compensation that can be obtained by victims of traffic accidents comes from insurance http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 companies. the insurance company that provides compensation to the victims of traffic accidents is jasa raharja as regulated in law no. 33 of 1964 concerning the mandatory insurance fund for passenger accidents and law no. 34 of 1964 concerning the road traffic accident fund. uu no. 33 of 1964 jo government regulation no. 17 of 1965 who are entitled to receive accident compensation and compulsory passenger accident coverage, namely: 1. victims who are entitled to compensation are every legitimate passenger from public transportation who has an accident, and which is caused by the use of public transportation, as long as the passenger is in transportation, namely when boarding from the place of departure to the destination. 2. public vehicles (buses) that are on the ferry, if the ferry has an accident, the bus passengers who are victims will be given double guarantees 3. black plate car passengers who get official permits as public transportation, such as tourism cars, rental cars and others, are guaranteed by law no. 33 of 1964 jo government regulation no. 17 of 1965 4. victims whose bodies were not found victims whose bodies were not found, compensation for victims is based on the decision of the district court. based on law no. 34 of 1964 jo government regulation no. 18 of 1965 who are entitled to receive compensation for traffic accident funds are: 1. victims who are entitled to compensation are third parties, namely: a. everyone who is outside of traffic transportation who causes an accident and becomes a victim of an accident from the use of road traffic transportation, for example: a motorcyclist crashes into a pedestrian and pedestrian b. a person who is in a vehicle and is hit, while the driver of the motorized vehicle he is traveling in is not declared the cause of the accident, including in this case the passengers of motorized vehicles and private motorbikes 2. collision of two or more motorized vehicles a. if the results of the inspection report from the police have stated that the driver who experienced the accident was the cause of the accident, then neither the driver nor the passenger of the vehicle is guaranteed by law no. 34 of 1964 in conjunction with government regulation no. 18 of 1965 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 b. if from the results of the investigation conclusions from the police it is not known which of the drivers was the cause of the accident and or it can be equated that the two drivers were the cause of the accident, basically in accordance with law no. 34 of 1964 in conjunction with government regulation n0 18 of 1965, the compensation cannot be submitted or postponed until there is a judge's decision or court decision 3. the hit-and-run case in this case, an examination or investigation is first carried out on the truth of the case 4. traffic accidents on the railroad a. walking on railroad tracks resulting in being hit by a train, the driver or passenger of a motorized vehicle who has an accident due to train travel, the victim is guaranteed by law no. 34 of 1964 b. pedestrians or the driver/passenger of a motorized vehicle who intentionally breaks through the rail gate when going through, then if hit by a train, the victim is not guaranteed by law no. 34 of 1964. 4. conclusion traffic accidents are unpredictable events caused by motorized vehicles or other road users that occur on the highway. traffic accidents occur as a result of unlawful acts of motorized vehicle drivers, unlawful acts are acts that violate the rights of others and are also contrary to decency and propriety towards themselves and other people's property. as a result of the unlawful act of the driver of the vehicle causing a traffic accident and causing harm to others, the driver who causes the loss as a result of the traffic accident may be subject to sanctions for material and immaterial damages. so as a result of the negligence of the driver in terms of checking the feasibility of the vehicle to be driven, the driver can be categorized as an act of violating the law. legal protection is an act to protect everyone for their rights that have been violated or harmed so that that person can feel all their rights again. the rights of victims of traffic accidents include assistance, treatment, compensation from the party responsible for the occurrence of traffic accidents and compensation for traffic accidents from the insurance company, namely pt jasa raharja (persero). the victim and the driver responsible for the traffic accident can resolve the dispute through litigation or non-litigation, but if the compensation does not match the loss suffered by the victim, the victim and his/her heirs can file a claim for compensation to the perpetrator of the accident. traffic in order to receive compensation in accordance with the losses suffered or suffered. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 references ari dermawan, (2020), urgency of legal protection for accident victims according to the llaj law, doctrine of the journal of law. austroads, (2002), road safety audit 2nd austroads ed, publication, sydney. chidir ali, (1991), jurisprudence indonesia about deed oppose law, bina cipta, jakarta. hf a. volmar, (2004) introduction to civil law studies, (translation is. adiwinata), rajawali press, jakarta. mariana sutadi, (1992), civil liability in traffic accidents, supreme court of the republic of indonesia. peter mahmud marzuki, (2005), legal research, kencana, jakarta. r. wirjono projodikoro, (2000) unlawful acts, mandar maju, bandung. rosa agustina, (2003), unlawful acts, postgraduate law faculty, university of indonesia, jakarta. sudirman kartohasdiprodjo, (1997), introduction system law in indonesia, pt. development, jakarta. suhendro, (2014), overlapping understanding of default and unlawful acts in academic discourse and judicial practice, fh uh press, jakarta. iskandar t, (2017), compensation for traffic accidents due to violation of the driver's law, https://media.neliti.com/media/publications/150107-id-ganti-rugi-korban-kecelakaan-lalucepat.pdf, accessed on january 20, 2022. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://media.neliti.com/media/publications/150107-id-ganti-rugi-korban-kecelakaan-lalu-lintas.pdf https://media.neliti.com/media/publications/150107-id-ganti-rugi-korban-kecelakaan-lalu-lintas.pdf https://media.neliti.com/media/publications/150107-id-ganti-rugi-korban-kecelakaan-lalu-lintas.pdf ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 186 issn print 2086-6852 and issn online 2598-5892 law enforcement against street crimes during a pandemic that occurred in sidoarjo agung kurniawan, bastianto nugroho, supolo setyo wibowo faculty of law, merdeka university surabaya e-mail: lodayareog311299@gmail.com article history: received: june 15, 2022; accepted: july 25, 2022 abstract the purpose of this research is law enforcement efforts against street crime period in sidoarjo. the research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. the results of the research in carrying out the prevention of street crime, the sidoarjo city police made several efforts, namely with preventive efforts and repressive efforts. the efforts to overcome street crime are carried out by carrying out patrols carried out by the police, the establishment of tangguh village posts spread across almost all areas from the rt, rw and village levels, empowerment of bhabinkamtibmas, involvement of elements related to handling the pandemic (tni, regional government, bpbd), carry out operations to control the completeness of motorized vehicles, with the application the community can easily communicate with the police, and also the police give mandate to the community if a crime occurs so that they can immediately report it to the authorities. and there are also obstacles what is often encountered by the sidoarjo city police is that the public does not understand the dangers of the covid 19 pandemic and its impact on the increase in crime, by ignoring health protocols and decreasing the level of vigilance for the occurrence of crime. the public's rejection of the efforts / policies taken by the government related to the handling of the covid 19 pandemic on the grounds that these policies limit the space for people to find sustenance, as well as the limited number of personnel and finances for the deployment of a humanitarian operation. keywords: crime, covid 19, law, crime. 1. introduction in the midst of the current era with the number of covid-19 sufferers that continues to increase which also causes many people to be affected because they have to lose their jobs and even their income as a result of the pandemic that has struck in indonesia, including islands in the kab. sidoarjo. where the covid-19 pandemic that is happening in this country is a series of pandemics (covid-19) that are happening globally. as is known, on march 11, 2020, the world health organization announced the corona disease 2019 or the global pandemic status of the coronavirus disease (covid-19) (warjiyati et al., 2022). from a health point of view, the word pandemic here means the presence of a disease that attacks many victims, which has an impact on all corners of the world. furthermore, in the world of world health covid-19 sufferers, many people around the world have the potential to be infected or diseased from this virus. in the midst of many people who have lost their jobs and not a few have had to experience economic difficulties, so not a few are forced to commit crimes in order to meet their economic needs in the midst of the current pandemic (yunas, 2021). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 187 issn print 2086-6852 and issn online 2598-5892 there are several forms of street crime, including acts of theft with weights as regulated in article 363 of the criminal code with threats of violence as regulated in article 365 of the criminal code, motor vehicle theft, acts of extortion contained in article 368 of the book. the criminal law act, acts of rape contained in article 285 of the criminal code, acts of persecution contained in article 351 of the criminal code and acts of murder regulated in article 338 of the criminal code. various kinds of actions in the form of street crimes that are found in the environment of everyday people's lives are certainly very disturbing people's lives, considering that in carrying out their lives people cannot live calmly, peacefully and peacefully as the goals in everyday life that are coveted by all people (sari & tukiman, 2022). as one of the regencies in the center of the largest industrial activity in indonesia, especially in the east java province, the problem of street crime in sidoarjo is actually very common, this can be seen by the frequent occurrence of street crimes in people's lives (sukadi et al., 2021). the east java regional police through bidhumas revealed as from their record s where there was an increase of almost 5 (five) percent of criminal cases, of which the most were crimes of theft with violence or robbery. with people's lives that are not yet fully able to live in prosperity, given the high poverty rate, high unemployment rate, low level of education, and the lack of available job opportunities in sidoarjo, this is one of the reasons why street crime is still rampant. in the midst of law enforcement that is still not running as it should, the law imposed on perpetrators of criminal offenses that tend to be light does not make these perpetrators afraid to commit a crime. the firmness of a rule needs to be applied in social life so that it can make criminals afraid to do evil deeds (mangoting & junfandi, 2021). in the midst of the current covid-19 pandemic where many people have lost their jobs, many people are limited in finding sources of income making it very difficult to meet their daily needs. in the midst of the economic wheels that have not been able to run optimally, many people have been affected by the current pandemic. from the electronic media and mass media, it shows that there are still many crimes of various types which have been based on the need to carry out life which is increasingly inadequate. where in the fulfillment of survival that tends to take advantage of various things in order to meet the needs of life so that they can be fulfilled (pacheco et al., 2020). the police as law enforcement officers are related to the function of the police as regulated in article 2 of law number 2 of 2002 concerning the indonesian national police that the function of the police is one of the functions of the state government in the field of maintaining security and public order, law enforcement, protection, protection, and service to the community (pacheco et al., 2020). where in carrying out its functions, the police are still unable to work optimally considering http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 188 issn print 2086-6852 and issn online 2598-5892 that crime is increasing day by day with various types of crime modes, making it a little difficult for the police to tackle crime, especially street crimes that occur in the sidoarjo regency. this is seen from the number of covid-19 patients, regarding the crime rate in the sidoarjo area also increasing and increasing quite significantly, especially during the lifting of large-scale social restrictions (psbb). which shows that during the current covid-19 pandemic, crime in sidoarjo continues to increase with various kinds of street crimes or street crimes that occur in sidoarjo (reitano & doron, n.d.). as one of the law enforcement officers, there is a need for an effort from the police, especially the sidoarjo city police in responding to the phenomena that are currently happening in sidoarjo. street crimes that occurred in sidoarjo during 2019. among them consisted of cases of theft with weighting (curat) with 570 cases, theft with violence (curas) with 175 cases, motor vehicle theft (curanmor) with 367 cases, extortion with 7 cases, persecution with weighting (anirat) with 309 cases, and murder with 11 cases. with a total of 1,439 cases. while the number of cases of street crime (street crime) in 2020, which include cases of theft with weighting (curat) amounted to 599 cases, theft with violence (curas), amounted to 179 cases, motor vehicle theft (curanmor) amounted to 365 cases, extortion amounted to 10 cases, assault with weights amounted to 331 cases, and murder amounted to 11 cases with a total of 1,495 cases (hasan, 2021). furthermore, in the context of efforts to overcome street crimes that occur in sidoarjo, it can be seen that the sidoarjo city police is still not running as it should or is still not running optimally considering that street crimes often increase in the sidoarjo area and the efforts made by the police are still not effective (yustianti & roesli, 2018). during the current covid-19 pandemic, street crime in the sidoarjo area is actually increasing or increasing. in the midst of the economic wheels of the people in sidoarjo, which have not been able to run optimally, it is still difficult to meet the needs of daily life. this can be seen from the ease in committing crimes which illustrates the unfulfilled morality in the minds of the perpetrators. with the crime that keeps happening day by day. with the condition of people's economic life that has not returned to its maximum as before the covid19 pandemic (ummayah & ul’haq, 2021). because with the economic condition of the community that has not been running effectively, this will result in crimes that will continue to occur, including street crime or street crime. therefore, there is a need for a solution in tackling various crimes that must be enforced by law enforcement in dealing with street crimes or street crimes, especially in sidoarjo in order to minimize the level of street crimes that occur. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 189 issn print 2086-6852 and issn online 2598-5892 2. research methods in this paper, the author uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by theories and legal principles related to the problems studied (ummayah & ul’haq, 2021). thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. legal materials for this research were obtained through library research in order to obtain various materials related to the problem being studied, books and scientific works, papers, newspapers and field studies which are expected to provide an overview of the problems being studied. and the data collected was processed in order to obtain legal material that is ready to be analyzed. the analysis of the legal material is carried out deductively in accordance with the problem approach in this study (geovani et al., 2021). with this kind of analysis, it will be able to provide conclusions to the problems discussed in this study. 3. results and discussion overview of the crime the crime of theft is an act that violates the basic or basic norms that live in society, namely religious norms and legal norms. any religion will prohibit an act of theft because it is a sin that must be accounted for by the perpetrator in this world and the hereafter. positive law that applies in a country also prohibits the personal rights of everyone, one of which is the right to own every object. based on article 362 of the criminal code, "anyone who takes goods that are wholly or partly owned by another person, with the intention of being owned against the law, is threatened with theft, with a maximum imprisonment of five years or a maximum fine of nine hundred rupiahs". from the sound of the article, an act is said to be an act of seeking if it has fulfilled two elements, namely the objective element and the subjective element. the objective elements of the crime of theft consist of the act of taking, the object of which is an object, and the element of circumstances accompanying or attached to the object, namely the object is partially or wholly owned by another person. the subjective elements of the crime of theft include the existence of an intention, which is intended to possess, and against the law. perpetrators of this crime of theft are commonly referred to as thieves and their actions by the public are often known as stealing. although crime cannot be totally eradicated, which in this context is theft, efforts that can be taken are to suppress or reduce the number of crimes and direct http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 190 issn print 2086-6852 and issn online 2598-5892 criminals to return as good citizens. islam considers it necessary to prevent and combat theft in the context of protecting property and protecting individual property rights. crime is a social problem. so if we want to solve a problem, we should start from the root of the problem first. these problems are fundamental to be overcome before focusing on how to deal with the thefts that have occurred. cesare beccaria said there are principles that must be considered in the prevention of a crime, namely: 1. it is necessary to create a society based on the principle of social contact. 2. the source of law is the law in deciding cases, the judge must base himself on the law. 3. the main task of criminal judges is to determine the guilt of the accused 4. punishing is the authority of the state, which is needed to protect society from individual greed. 5. there must be a scale of comparison between crime and punishment. 6. in carrying out an action, humans always weigh the level of pleasure with misery. in principle, these theories conclude that a person's evil can come from within the person, both physically and psychologically or the crime comes from outside the person. the. the weakening of the economy, which is one of the impacts of the pandemic, is one of the reasons for the increase in the number of criminal acts of theft. this makes the writer interested in writing related to the relationship between the increase in the number of theft crimes” with “pandemic conditions”, which will then be analyzed from a review of criminal law (roesli et al., 2017). the increase in crime rates during the pandemic from a criminological point of view is an action driven by a weakening economic situation. external factors from criminology are more dominant, although it cannot be denied that a person's willingness to steal which is included in internal factors still has an influence. the phenomenon of the emergence of criminal theft in the midst of a pandemic can be analyzed using the perspective of robert k merton's sociology. it is necessary to understand that criminal acts committed by individuals in the context of a pandemic do not necessarily mean that they have a conscious desire to do so. for assimilation, of course, it cannot be directly sentenced that they do not feel deterred after they are imprisoned. the social structure in a pandemic condition brings them into an anomie situation, namely a situation where there is tension and instability in the social structure which makes individuals experience pressure and ultimately. this criminal act was triggered by the covid-19 pandemic which then affected the community's economy, one of them. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 191 issn print 2086-6852 and issn online 2598-5892 merton formulated ways for individuals to adapt related to the fulfillment of society's goals and ways to achieve these goals. in the context of the covid-19 pandemic, the goal of society is to survive until the pandemic ends. so it is not wrong to say that the dimensions of poverty are interrelated, either directly or indirectly, this means that progress and setbacks in one aspect can affect progress and setbacks in other aspects, and another aspect of poverty is that the poor it is the human being, both individually and collectively. based on sociological theory, the existence of crime during a pandemic occurs because of an imbalance in the structure of society. there are people who are still well off and not a few people who are experiencing difficulties during the covid-19 pandemic. life that is not running properly causes the community component to experience a state of loss and causes a crime in the form of theft. crime during the covid-19 pandemic has increased. according to free information, there was an 11.8% increase in the crime rate during the implementation of the psbb policy, the crime of theft was increasing. street crime street crime is a social problem that is still difficult to overcome by developing countries, such as indonesia. the problems of poverty, ignorance, and the large number of unemployed people who still always crowd the corners of the country's territory, have also contributed to the rise of various crimes that occur in society. street crimes are mostly committed by people from the lower classes, who have low education and economic levels, where the main problem in this crime is related to stomach problems. this shows that the state has not been able to fully implement the constitutional mandate to provide welfare and prosperity for all indonesian people. street crime is the type of crime that is closest to society and is considered very disturbing. because of road crime, the consequences are felt by the community itself. given that street crime always surrounds people's lives, it requires a high level of technical handling to overcome it. most street crimes, often occur at the nodes of the highway. though the highway is one of the important means for the community in their activities and social interaction with other communities. disturbances of security and public order that occur on the streets, if allowed to drag on, can cause fear for road users and other communities in carrying out their activities. overcoming the above, one of the efforts made by the police in order to minimize the number of street crimes that occur at highway nodes is to implement the zero street crime program. etymologically zero street crime is composed of three words, namely "zero" which means "free", "street" which means "road", and "crime" which means "crime". so, zero street crime can be interpreted as free from street crime. zero street crime is a policy that is carried out http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 192 issn print 2086-6852 and issn online 2598-5892 in order to provide protection, protection, security and services to the community so that they are free from feeling uncomfortable in carrying out activities on the road. physical and psychological, a sense of certainty, a sense of freedom from worries, doubts and fears, a sense of being protected from all street crimes. the street is a public arena, where the various interests of each individual meet and mingle with each other. streets as public arenas do not have clear rules on the streets, so everyone can do whatever they want. in fact, the existing traffic rules are often violated by road users. in addition, this situation also provides a large enough opportunity for the rise of various criminal acts. conducive factors that cause crime, especially in the case of "urban crime", include: 1. poverty, unemployment, illiteracy (ignorance), absence/lack of proper housing and education and training systems that are not suitable/matched; 2. the increasing number of people who have no prospects (hope) due to the process of social integration, as well as the worsening of social inequalities; 3. loosening of social and family ties; 4. difficult conditions/conditions for people migrating to cities or to other countries; 5. the destruction or destruction of indigenous cultural identity, which together with the existence of racism and discrimination causes harm/weakness in the social, welfare and work environment; 6. decreasing or declining (quality) of the urban environment which encourages an increase in crime and reduced (inadequate) services for neighborhood/neighboring facilities; the rise of crime, especially street crime, is possible because of several supporting factors. according to prof. dr. sarlito wirawan s., a professor of psychology at the university of indonesia, quoted in the srigunting journal (2012), said that the occurrence of street crimes was caused by several factors, first, demographic factors in the form of population density. the problem that is very likely to occur in the midst of a densely populated society is the increasing level of crime, especially street crime. second, the factors of unemployment and poverty. the global monetary crisis has led to an increase in unemployment and a decline in people's purchasing power. this condition has resulted in an increase in poverty in indonesia which has led to an increase in social problems, including street crime. when only people can enjoy a better life with the wealth they have, while on the other hand poverty is still rampant with all existing limitations, the emergence of various crimes cannot be avoided. third, the existence of a strong group identity results in a very strong sense of competition between groups, for example the emergence of hostility/street brawls. fourth, the main factor that causes street crime is the lack http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 193 issn print 2086-6852 and issn online 2598-5892 of social control on the part of the apparatus, because the police who are tasked with managing the situation on the roads are not always there to control every activity that occurs on the streets. law enforcement efforts against street crime during a pandemic period in sidoarjo. street crime is a conventional crime that always colors the social life of our society. in a big city like jakarta, it is almost certain that this kind of crime occurs every day. although this crime is conventional in nature, the cause of this form of crime is not simple anymore.police in this case cannot work alone to combat this street crime, the author wants to discuss what is behind the perpetrators of street crimes and how the police should make efforts to eradicate them. thecrime, both in terms of sociology, psychology, criminology, as well as in terms of law. one of the theories that we can use to see how criminals commit a crime is to use the motivational theory proposed by abraham maslow. namely that human action is the result of the motivation of 5 (five) hierarchical needs, namely: 1. physiological: includes the need for air pressure, water, food, sex, 2. security: includes the need for safety, order, and freedom from fear and threat. 3. sense of belonging and love / social needs, human relationships. 4. appreciation: includes the need for self-esteem, respect from others 5. self-actualization: includes the need to develop, to realize one's potential. b. police action at a certain time and place in police science, the term criminogen correlative factors (fkk) is known, namely the factors that cause crime. these factors are the causes of crime. this factor will thrive because the system that regulates it, the existing facilities and infrastructure are inadequate and cannot accommodate the problems that arise. these various deviant behaviors often appear in various community activities, both in their environment and in locations of other community activities, such as in residential areas, offices, shops, malls, and entertainment centers as well as tourist locations. in addition, it can also occur in locations of public interest such as bus terminals, train stations, ports, airports or places of worship. it is in these locations that it is possible for street crimes to occur, so that in these places the police need to anticipate maximally. in terms of the police, the form and place of this activity is known as a police hazard (ph), an activity or location where police problems are possible. this is supported by the routine activities theory proposed by marcus felson and robert k. cohen which states that crime will occur if in one place and time, the following elements are present simultaneously: 1. a motivated offender (criminal who has motivation). 2. a suitable target (an easy target). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 194 issn print 2086-6852 and issn online 2598-5892 3. the absence of capable guardian. to prevent this crime from happening, then at least one of the above factors must be eliminated. the first element grows and resides in a criminal, so in this case it will be more difficult to recognize how the motivation is in the people around us. element number 2 (two), is usually interpreted as a group of vulnerable people. this consists of women, children, and elderly people. because this group, has the potential to fight or interfere with the course of crime which is relatively smaller than adult men. although this opinion does not rule out the possibility of crimes against adult men. c. and legal certainty perpetrators of street crimes must be given punishments that can create a deterrent effect as a form of legal certainty, with the hope that these perpetrators will be aware and not repeat their actions again and for other potential perpetrators of crime so as not to follow similar actions. this was stated by cesare beccaria in deference theory, that in order to create a deterrent effect, criminals must be punished which has the following principles: 1. there must be certainty (certainty) 2. must be burdensome (severity) 3. must be immediately (celebrity) d. supporting factors for zero street crime streets are public arenas, where the various interests of each individual meet and mingle with each other. however, because as a public arena there are also no clear rules on the streets, so everyone can do whatever they want. in fact, the existing traffic rules are often violated by road users. in addition, this situation also provides a large enough opportunity for the rise of various criminal acts. e.the role of the police in combating street crime the role of the police is generally known as the custodian of kamtibmas as well as law enforcement officers in criminal proceedings. police are street law enforcement officers who directly deal with the public and criminals. in article 2 of law number 2 of 2002 concerning the police of the republic of indonesia, "the function of the police is one of the functions of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community". article 4 of law no. 2 of 2002 also confirms "the indonesian national police aims to realize internal security which includes the maintenance of security and public order, order and law enforcement, the implementation of protection, protection, and service to the community, as well as the establishment of community peace by upholding high human rights". http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 195 issn print 2086-6852 and issn online 2598-5892 the implementation of police functions is the implementation of the profession, which means that in carrying out the duties of a member of the national police, he uses his professional abilities, especially expertise in the technical field of the police. in carrying out their duties as legal servants, the police always respect the law and human rights. therefore, in carrying out their profession, every member of the police force is subject to a professional code of ethics as a moral foundation. the success of carrying out police functions without leaving professional ethics is strongly influenced by police performance which is reflected in attitudes and behavior when carrying out their duties and authorities. article 13 of the police law states that the main task of the police is to maintain public security and order, enforce the law, and provide protection, protection and services to the community. considering the modus operandi and techniques of crime are increasingly sophisticated, along with the development and progress of the times, the professionalism of the police is very much needed in carrying out their duties as law enforcers. if the police are unprofessional, the law enforcement process will be lame, as a result, public order and security will always be threatened as a result of the police being unprofessional in carrying out their duties. the task of the police is not only as a law enforcement agency but also as a maintainer of security and public order (order maintenance officer). the police are the spearhead in the integrated criminal justice system. it is in the hands of the police that the first is able to unravel the darkness of the crime case. crime prevention includes activities to prevent before it occurs and correct perpetrators who are found guilty and sentenced to prison or correctional institutions, besides that the effectiveness of crime can only be achieved through broad community participation including awareness and real order. efforts to overcome in this case are defined as efforts to prevent and resolve cases of criminal acts of theft with violence, especially in the city of sidoarjo. as previously explained, the sidoarjo city police can take various actions, either to prevent or to secure the perpetrators so that the perpetrators are deterred from committing crimes. as the authorities and parties who have the authority to deal with crimes as well as parties who have the task of maintaining security and public order, law enforcement and providing protection, protection and service to the community, the police have the following duties: a. implementing regulation, guarding, escorting, and patrolling community and government activities as needed b. organizing all activities and ensuring security, order and smooth traffic c. fostering the community to increase their participation, legal awareness, and public obedience to laws and regulations http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 196 issn print 2086-6852 and issn online 2598-5892 d. participate in the development of national law e. to coordinate, supervise and provide technical assistance to the special police, civil servant investigators and other forms of self-defense f. conduct investigations into all criminal acts in accordance with existing procedural laws and regulations g. organizing police identification, police medicine, forensic laboratories and police psychology for the purposes of police duties h. serving the interests of the community in accordance with the interests within the scope of police duties i. protecting the safety of body, soul, property, society and the environment from disturbances of order or disaster, including providing assistance and assistance by upholding human rights. j. serve the interests of the community for a while before being handled by the agency or the authorities k. carry out other duties in accordance with statutory regulations. in this case, crime is a form of crime that disturbs the community and disturbs the comfort of people's lives. therefore, this is part of the main task of the police. of course, it is necessary to make the best and strategic efforts in overcoming this problem. this is also inseparable from the cooperation between the community and the police, so that both parties can coordinate and work together in overcoming this problem. some of the efforts to overcome the rampant acts of theft with violence carried out by the sidoarjo city police are as follows: in overcoming this crime, there are efforts that can be taken to solve it, among others by using preventive (prevention) and repressive methods (countermeasures that have already occurred). , as for the explanation as follows: repressive efforts are an effort to overcome crimes in which a crime or crime has occurred. the handling is carried out by law enforcement officers, namely the police, prosecutors, and courts. in the framework of the operation of the criminal justice system to tackle crime, imprisonment or correctional institutions are correctional institutions in crime prevention. as for the repressive efforts carried out by the sidoarjo city police to suppress crime, including in the sidoarjo city police area, by carrying out continuous operations. these operations were carried out in various places and at different times so that the purpose of holding these operations was that many criminals were caught. the police, in this case the sidoarjo city police, in an effort to overcome crime, carry out several strategies as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 197 issn print 2086-6852 and issn online 2598-5892 1. each team assigned to the sub-districts has full responsibility for the sub-districts under their supervision. the community in every sub-district in the sidoarjo city area can directly report any incidents of crime or the community can also ask for help or assistance to the police directly in the local area or where they live. 2. placement of informants of the sidoarjo city police applies an information application system where every point that is considered vulnerable and a crime often occurs is placed by an informant who will immediately notify the teams in each sub-district or the nearest polsek. 3. patrols the sidoarjo city police also implements and intensifies patrols in every subdistrict within the jurisdiction. whether it's a routine patrol, or a certain patrol that is held unexpectedly. in addition, strict actions were taken against the perpetrators of these crimes so that they could serve as an example for the public to think twice before committing a crime. factors influencing law enforcement efforts against street crime crimes during the pandemic period in sidoarjo the limited number of jobs and the ever-increasing needs of life, forced some people to look for other alternatives in meeting their daily needs. this is what triggers the competence and competition for life among people with one another coupled with a sharp increase in unemployment. of course, this is a challenge that must be faced and carried out by the sidoarjo city police in order to enforce the law. the crime of theft is included in the category of the highest crime. in addition to cases of theft by weight, ordinary theft and theft of motor vehicles. there are several cases where the number is counted lower due to many factors, including the victim's reluctance to report to the police, for fear of threats from the perpetrators. the high level of crime and crime is influenced by several factors, but the biggest influence is the factor of economic demands. along with the development of the times and the development of the pattern of human life, human needs are also growing. with the crush and economic difficulties is what triggers the mode of crime. with the pattern of crime that is increasingly advanced and growing rapidly, accompanied by the growth of existing technology, it is increasingly easier for criminals to commit their crimes. crime is a problem for humans because even though severe sanctions have been applied, the community does not seem to be deterred from committing any crime. the evil is still always there in society, and this is a problem that has not been solved until now. several factors that influence a person in committing a crime can be internal (from the perpetrator himself) or external (from the surrounding environment). in theory, there are several factors that can lead to the emergence of a criminal act, namely: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 198 issn print 2086-6852 and issn online 2598-5892 1. internal factors, including: a. there is no balance between emotion and movement b. someone's mental conflict c. education level d. the character of a person, because crime can occur is influenced by the character of the person himself. it is said that a person's physical or spiritual character or form inherits what is in his parents or descendants e. the immature factor, most of the causes of crime are due to the age of someone who is still too young. they cannot use their minds and feelings perfectly, cannot distinguish what is right and what is wrong and which actions are permissible and which are prohibited. f. congenital disease or kleptomania, because this crime is due to a disease suffered by a person, kleptomania is a person who is afflicted with a disease whose hobby is taking other people's belongings and taking the goods not for possession but tends to fulfill his soul satisfaction. 2. external factors, including; economic factors, analyzing the causes of crime with economic factors. the economic factor itself is a very basic factor that is the cause of the occurrence of criminal acts, or can be called the main factor.competition in life, increasing needs, desire to own goods, changes in prices of goods are getting higher, and crisis conditions are important factors that influence the occurrence of crime. crimes that occur in the city of palembang are usually caused by the crush of the economy. with high unemployment rates, and narrow job opportunities, forcing them to commit crimes in order to survive for their families. opportunity, of all the factors above that have been described in the author, the opportunity factor is also an important factor in the occurrence of crime. where because there is an opportunity that sometimes the intention to steal it comes by itself. for example, because you see a woman who wears too vulgar clothes, wears excessive jewelry. this opportunity factor also cannot be easily ruled out, because it is one of the factors that are quite vulnerable to crime. religious factors, religious factors also greatly affect a person. if his religious guidance is low of course he will not understand and will not remember the sins due to his actions. the factor of reading and films, readings and films that are now too freely shown either through magazines, books, or television greatly affect a person's mindset. especially among teenagers. this certainly affects the behavior of every movie and reading connoisseur. if it is not controlled, it will lead to negative things. this is what influences many criminals in carrying out their actions. and the cause of the obstacles or obstacles faced in sidoarjo the participation of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 199 issn print 2086-6852 and issn online 2598-5892 relevant legal institutions can help provide a deterrent effect on perpetrators such as prosecutors and judges. if the prosecutors and judges can carry out their duties properly and correctly in accordance with the applicable rules, this can also help suppress criminal crimes in the city of sidoarjo. unfortunately, this is the exact opposite of the current reality. many unscrupulous prosecutors and judges accept the lure of money from the perpetrators to lighten the sentence of the perpetrator. so with a light sentence does not cause a deterrent effect on the perpetrators. in addition, the lack of educators and community leaders such as schools and scholars in providing counseling and advice to the younger generation, especially the city of sidoarjo, not to wear anything excessive when traveling to avoid criminal crimes, and also to always remind them not to commit crimes. matters relating to criminal acts. and the last is the lack of public awareness of the law, the public's reluctance to obey the law is a major factor in preventing the sidoarjo city police in preventing crime. most people have not realized the importance of living legally. without realizing it, the community is the perpetrator, and the community is the victim, and what will be very helpful in suppressing crime in sidoarjo city is the awareness of the community itself. 4. conclusion in carrying out the prevention of street crime, the sidoarjo city police have made several efforts, namely with preventive efforts and repressive efforts. the efforts to overcome street crime are carried out by carrying out patrols carried out by the police, the establishment of tangguh village posts spread across almost all areas from the rt, rw and village levels, empowerment of bhabinkamtibmas, involvement of elements related to handling the pandemic (tni, local government, bpbd), conduct operations to control the completeness of motorized vehicles, with the application the community can easily communicate with the police, and also the police give mandate to the community if a crime occurs so that they can immediately report it to the authorities. and there are also obstacles that are often encountered by the sidoarjo city police, namely the community does not understand the dangers of the covid 19 pandemic and its impact on increasing crime, ignoring health protocols and decreasing the level of vigilance for the occurrence of crime. the public's rejection of the efforts / policies taken by the government related to the handling of the covid 19 pandemic on the grounds that these policies limit the space for people to find sustenance, as well as the limited number of personnel and finances for the deployment of a humanitarian operation. so that there are several factors that support the occurrence of crime from the past until now which includes several factors, namely: (1). economic needs factor, (2). health http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 200 issn print 2086-6852 and issn online 2598-5892 factors, (3). educational factors, even (4). drugs are also the cause of crime because many street crimes are now carried out by minors or those who are drug addicts. references geovani, i., nurkhotijah, s., kurniawan, h., milanie, f., & ilham, r. n. (2021). juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects: research study at the office of social and community empowerment in batam city. international journal of educational review, law and social sciences (ijerlas), 1(1), 45–52. hasan, h. (2021). pros and cons of online criminal case settlement during the covid-19 pandemic: study on islamic criminal law. jurnal al tasyri’iyyah, 15–26. mangoting, y., & junfandi, j. (2021). relationship between taxpayers and authorities against tax compliance during the covid’19 pandemic. petra christian university. pacheco, t., coulombe, s., khalil, c., meunier, s., doucerain, m., auger, e., & cox, e. (2020). job security and the promotion of workers’ wellbeing in the midst of the covid-19 pandemic: a study with canadian workers one to two weeks after the initiation of social distancing measures. international journal of wellbeing, 10(3). reitano, m., & doron, t. (n.d.). 336 blood sugar & diabetes weekly meds-bawaslu sidoarjo. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sari, s. t. n., & tukiman, t. (2022). the role of the communication and informatics service in preventing the spread of false information to the public in sidoarjo district. perspektif, 11(3), 927–935. sukadi, i., ratomi, a., & ningsih, m. r. (2021). legal interpretation: critical reasoning for the development of an islamic paradigm that is friendly to women and children. international conference on law, technology, spirituality and society (icoless), 1, 67–80. ummayah, n. t., & ul’haq, r. d. (2021). analysis of crime figures in indonesia due to the covid-19 pandemic and efforts to overcome it. warjiyati, s., nadifah, n. a., & candra, m. (2022). public communication of covid-19 prevention in vulnerable and marginal groups towards strong and prosperous family resilience in sidoarjo. jurnal hukum volkgeist, 6(2), 129–137. yunas, n. s. (2021). implementation of pentahelix collaboration in handling covid-19 pandemic through kampung tangguh program in malang. international journal of research in business and social science (2147-4478), 10(5), 207–215. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 legal study on withdrawal of fiduciary guarantee based on the decision of the constitutional court number 2/puu-xix/2021 rizal nugra wijaya, rusdianto sesung faculty of law, magister of notary law, narotama university e-mail: nugrarizal@gmail.com abstract the practice of withdrawing fiduciary guarantees by financing institutions has often caused controversy because each party has a legal basis that can be used to maintain the goods resulting in the use of physical force to be able to withdraw fiduciary guarantee goods. these ways of withdrawal eventually became a problem in society so that it extended into problems related to human rights violations. that result ed in the emergence of a request for a material test of law no. 42 of 1999 on fiduciary, especially in article 15 paragraphs (2) and (3) and then the constitutional court issued decree no. 18 / puu-xvii / 2019 about fiduciary especially in article 15 paragraphs (2) and (3) and then the constitutional court issued decree no. 18 / puu-xvii / 2019 which contains that there must be an agreement between the debtor and creditors about the state of default and for that then the debtor is authorized to withdraw the fiduciary guarantee or willingly release the fiduciary guarantee item, if there is no agreement and willingness then the withdrawal order must be through a court ruling. because it is considered that the verdict provides injustice on the creditor's side, it is further submitted a material test of the court's decision, and through the court's decision no. 2/puu-xix/2021, the court stated that it rejected the request for a material test and upheld the previous verdict. based on this, this study will legally review how the withdrawal of fiduciary guarantee goods based on the ruling and as a conclusion is the withdrawal that can be made by creditors against fiduciary guarantee goods are: (a) make an agreement with the debtor where the debtor voluntarily submits the fiduciary guarantee to the creditor, for sale through auction. the terms of the sale are prohibited to harm the debtor, i.e. if the selling price is below the value of debit debt; (b) request a verdict to the judge to be able to execute the item based on the registered fiduciary certificate, and for the next sale of the fiduciary guarantee at auction. if it is not done as such then the creditor is at risk of being reported as a criminal delik with article 362 of kuhp for attempted theft (if the taking of the goods is unknown to the owner of the goods) and/or article 368 of the criminal code on attempts to confiscate the property of others. keywords: withdrawing fiduciary guarantees, fiduciary guarantee. i. introduction lately, we often hear and/or read news about the confiscation of motorized vehicles by debt collectors (currently better known as eagle eyes) who, according to his confession, have obtained the power of attorney to withdraw from a finance company. this is because the debtor has been deemed to have violated his promise or default because he did not pay the installments that had been previously determined by the financing company so that the finance company believed that there would be problems with the object of financing, the finance company tried to withdraw the vehicle which was the object and at the same time the collateral for the financing (agustianingsih & yunita, 2022). the practice of withdrawing financing collateral which is currently being debated because in some cases it is not carried out in a fair and polite manner, for example blocking in the middle of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 the road and forcibly pulling a vehicle that is being driven by a debtor or other person borrowing a vehicle, committing physical violence to the debtor to forcibly withdraw his vehicle, take a series of actions whose purpose is to embarrass the debtor in his environment so that the debtor gives up his vehicle, and there are many other examples of incidents. this results in negative news for finance companies and leads to legal settlement of cases (hadinata, 2021). before heading to matters related to the withdrawal of financing collateral, we first describe what and how the financing company is in accordance with the applicable laws and regulations so that the position of the financing company and debtor in this financing agreement is clear. that the presence of the financing company is inseparable from the economic condition and financial strategy of the debtor where when it is associated with the people's economic condition, this is mainly due to the debtor's financial inability to buy motorized vehicles in cash, while the need for motorized vehicles is considered important and the community's inability to meet the requirements set forth in the above (jamil, 2021). must be met if they borrow from banking financial institutions to buy motor vehicles as expected, the limitations of the pawnshop system for financing and the trap of loan sharks who provide loans with stifling interest. meanwhile, if it is associated with a financial strategy, it is an effort by the community to regulate the flow of money (cash flow) so that in addition to obtaining assets in the form of vehicles, they are also able to operate normally (markum et al., 2021). consumer financing is financing in the purchase of an item and a customer desired by the debtor so that the debtor will only receive the goods, "this consumer financing is in sales credit because consumers do not receive cash but only receive goods purchased from the credit". for example, for financing the purchase of a car, the debtor only needs to show the car to be purchased to the finance company, so if all the requirements have been completed and the agreement is agreed upon, then the finance company will buy the vehicle and hand it over to the debtor (ariawan & maryanto, 2021). due to the purchase financing is about goods and the type of goods is very much so in this study focused on the type of motorized vehicle. the financing process involves the following parties: (a) finance companies (funding/loan providers); (b) debtor (recipient of funds); (c) supplier of goods. as one of the requirements or articles in the consumer financing agreement, it must be followed by collateral or credit guarantees which are considered by law as a condition for securing the repayment of loans or loans (kristiyanti, 2021). according to the indonesian legal system, guarantees can be distinguished from guarantees by controlling the object and guarantees by not controlling the object. collaterals that control the object are called pawns, while guarantees that are given without controlling the object are found in mortgages, mortgages and fiduciaries (pradnyawan et al., 2020). in practice, we often encounter movable objects in fiduciary guarantees, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 because what is used as the object of the guarantee is the object of a purchase that is paid in installments through a financing institution. according to article 1 number 2 of law no. 42 of 1999 concerning fiduciary guarantees (fiduciary law), fiduciary guarantees themselves are security rights for movable objects, both tangible and intangible, and immovable objects, especially buildings that cannot be encumbered with mortgage rights that remain in control (yustianti & roesli, 2018). fiduciary giver, as a guarantee for the repayment of certain debts that give priority to the fiduciary recipient over other creditors. the existence of a financing method like this is not without risk, because the object of the agreement is not physically controlled by the financing company as the lender (creditor), the risk of loss or damage to the object of the agreement is very large along with the debtor's inability to pay the installments. therefore, the creditor as the lender will always try to collect the payment of the installment and if it is still uncollectible, the loss is endeavored to be minimized by withdrawing the object of the loan. the problem that occurs is, as explained earlier, that the process of withdrawing the object of the agreement (collateral) due to default is considered to have violated human rights because it was carried out by means of violence (confiscation) (kusumah & witasari, 2021). based on article 29 of the fiduciary law, it is stated that "if the debtor or fiduciary provider is in breach of contract, the execution of the object that is the object of the fiduciary guarantee can be carried out by: a. implementation of the executorial title as referred to in article 15 paragraph (2) by the fiduciary recipient; b. the sale of objects that are the object of the fiduciary guarantee on the authority of the fiduciary recipient himself through a public auction and take repayment of his receivables from the sale proceeds; c. underhand sales made based on an agreement between the giver and the fiduciary recipient if in this way the highest price can be obtained that benefits the parties. where the sale is carried out after 1 (one) month has elapsed since the debtor and creditor have notified them in writing to the parties concerned and announced in at least 2 (two) newspapers circulating in the area concerned (hidayat, 2018). as stated that the execution of fiduciary guarantees can be carried out by creditors if they have a fiduciary certificate because there is the word "for the sake of justice based on the almighty god" where the sentence is the same as the sound of the judge's decision so that it means that if you have a fiduciary certificate, the creditor can execute the fiduciary guarantee. personally because the position of the certificate is "equal" to the judge's decision. therefore, the creditor may conduct an auction process for fiduciary guarantees that have been executed from the debtor personally (parate execution) either http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 through a public auction or privately provided that the auction is carried out after 1 (one) month has passed since the announcement of the auction plan to the debtor and has gone through announcement of newspapers with a minimum number of 2 (two) newspapers. in 2018 there was a lawsuit over the process of executing fiduciary guarantees by creditors at the south jakarta district court with case number 345/pdt.g/2018/pn.jkt.sel where the plaintiff (debtor) objected to the execution by the defendant (creditor) because it was deemed has defaulted while the plaintiff feels that he has carried out his obligations in accordance with the agreement, therefore the plaintiff has filed a lawsuit that the defendant has committed an unlawful act. the judge's decision at that time was to pass the plaintiff's claim and punish the defendant to return the confiscated goods to the plaintiff. however, the defendant is not willing to carry out the judge's decision by insisting on a fiduciary certificate which gives creditors the freedom to execute fiduciary collateral and conduct a parate auction. because the judge's decision was deemed non-binding and coercive, the plaintiff then filed a judicial review application to the constitutional court (mk) on article 15 paragraphs (2) and (3) of the fiduciary law. through the decision of the constitutional court no. 18/puu-xvii/2019 dated january 6, 2020, the constitutional court is of the opinion that: a. for fiduciary guarantees in which there is no agreement on breach of contract (default) and debtors object to voluntarily submitting objects that are fiduciary guarantees, then all legal mechanisms and procedures in the execution of the fiduciary guarantee certificate must be carried out and apply in the same way as the execution of court decisions that have been enforced. permanent law. b. the existence of a breach of contract is not determined unilaterally by the creditor but on the basis of an agreement between the creditor and the debtor or on the basis of legal remedies that determine that a breach of contract has occurred. c. for fiduciary guarantees where there is no agreement on breach of contract and debtors object to voluntarily submitting objects that are fiduciary guarantees, then all legal mechanisms and procedures in the execution of the fiduciary guarantee certificate must be carried out and apply the same as the execution of court decisions that have permanent legal force. based on the decision of the constitutional court, it can be concluded that the execution of the fiduciary guarantee is carried out when there is an agreement regarding the breach of contract/default and the willingness of the debtor to surrender the object that is the object of the fiduciary. if there is no agreement regarding the breach of contract and the debtor does not submit the object of collateral voluntarily, then the procedure for executing the fiduciary guarantee is the same as the execution of a court decision that has permanent legal force, namely by submitting a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 request for execution to the district court. in addition, breach of contract also cannot be determined unilaterally. there must be an agreement regarding the breach of contract/default determined by both parties or on the basis of legal remedies (lawsuits) stating that one of the parties has defaulted. in 2021, an employee of a finance company conducted a review of the constitutional court's decision no. 18/puu-xvii/2019 where the decision has stifled the ability of finance companies to save their financial condition through the execution of fiduciary guarantees. through an internal meeting, the constitutional court then issued a decision no. 2/puu-xix/2021 which essentially is to amend and state that the execution of a fiduciary guarantee certificate through a district court is actually only an alternative so that it is therefore not an obligation because the executional power of a fiduciary guarantee certificate is aligned with the judge's decision. however, in the decision there is a requirement regarding a prior agreement between the creditor and the debtor if there is a default condition so that the debtor as the fiduciary giver can give the creditor as the fiduciary recipient the right to execute the fiduciary collateral (doyoharjo, 2022). 2. research method this type of research is legal research (juridical-normative) which aims to find the rule of law, legal principles and legal doctrines in order to provide a systematic explanation of the rules governing guarantee law, provide analysis of the relationship between legal rules regarding fiduciary guarantees and provide perception of what should be done in the withdrawal of fiduciary guarantees in accordance with the constitutional court decision no. 2/puu-xix/2021. in this study, the legal research approach is used as follows: statue approach the approach is taken by reviewing all applicable laws and regulations and related to research on legal studies on the withdrawal of fiduciary guarantees based on the constitutional court decision no. 2/puu-xix/2021. so that the study produces conclusions that can be used to solve issues in the field of guarantee law. conceptual approach the approach that comes from the views and doctrines that have developed in legal science is to find ideas that give birth to legal understandings, legal concepts and legal principles that are relevant to the legal issue of carrying out executions after the constitutional court decision no. 2/puu-xix/2021. 3. result and discussion guarantee law in indonesia http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 the term guarantee comes from the word "guarantee" which means responsibility, so guarantees can be interpreted as dependents. in this case, what is meant is liability for all engagements from a person as specified in the legislation or otherwise specified in an agreement. broadly, the guarantee institutions that apply in indonesia can be divided into: a. how it happened; based on the way the birth institution the guarantee there are those born because of the law some are born because of the agreement/assesoir. b. the object: the object of a moving object and unmoving object. c. its nature, based on its nature, includes general guarantees, special guarantees, personal guarantees and material guarantees. d. authority to control the object of collateral, there are creditors who control the object of collateral, there are also those who do not, but the status of the item is collateral. collateral that is born because of the law is a guarantee whose existence is designated by law, without the agreement of the parties, namely that which is regulated in article 1131 bw which states that all debtor property, both existing and new, will exist in the future, will be responsible for all engagements. thus, it means that all debtor's assets become collateral for all creditors. in principle, articles 1131 and 1132 of bw emphasize that without a specific agreement, all debtor's assets are collateral for the repayment of their debts. this guarantee can be called a general guarantee institution. between creditors (lenders and guarantee recipients) and debtors (loan recipients as well as guarantee providers) bind themselves in an agreement that is specifically required for the guarantee, when the agreement is signed, the guarantee institution is born. in addition to guarantees designated by law, as part of the principle of consensuality in contract law, the law allows the parties to enter into guarantee agreements aimed at guaranteeing the settlement or implementation of debtor obligations to creditors. this guarantee agreement is an assessor agreement attached to the basic agreement that issues debts between debtors and creditors such as mortgages, mortgages, fiduciary guarantees, pledges, borgtoch, and guarantee agreements. based on its nature, general guarantee institutions are provided for the benefit of all creditors and involve all debtor's assets, while special guarantees are guarantees in the form of appointment and delivery of certain goods specifically as collateral for the settlement of debt/debtor obligations to certain creditors which only applies to certain creditors, either materially and individually. the emergence of this special guarantee is due to the existence of a special agreement between the creditor and the debtor which can be in the form of: 1. material guarantees, namely the existence of certain objects that are guaranteed (zakelijk). legal science does not limit the objects that can be used as collateral, it's just that the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 objects that are guaranteed must belong to the person who provides the guarantee of the material. 2. individual guarantees (personlijk), namely the existence of certain people who are able to pay or fulfill achievements if the debtor breaks his promise. this individual guarantee is subject to the legal provisions of the agreement regulated in book iii of the civil code. material guarantees are institutionalized in the form of mortgages, mortgages, fiduciaries and liens. this material guarantee is a right granted on the basis of jura in re aliena and therefore must comply with the principles of recording and publicity in order to give birth to absolute rights over the guaranteed object. fiduciary guarantee fiduciary according to its origin comes from the roman word "fides" which means trust. fiduciary is a term that has long been known in indonesian. likewise, this term is used in law number 42 of 1999 concerning fiduciary guarantee which is a transfer of ownership rights that occurs because of trust with the promise of objects whose ownership rights are transferred remain in the control of the owner of the object. in dutch terminology, this term is often referred to in full, namely fiduciare eigendom overdracht, namely the surrender of property rights in trust. while in english terms it is called fiduciary transfer of ownership. when roman law was accepted by dutch law, the fiduciary institution was not taken over, therefore it is not surprising that the fiduciary as a guarantee institution is not contained in burgerlijkk wetboek (bw). fiduciary is an institution originating from the western civil law system whose existence and development is always associated with the civil law system. the definition of fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership is not transferred remains in the possession of the owner of the object. thus, it means that in a fiduciary there has been a surrender and transfer in ownership of an object which is carried out on a fiduciary basis on the condition that the object whose ownership rights are handed over and transferred to the fiduciary recipient remains in the control of the owner of the object (the fiduciary giver). in this case, what is handed over and transferred from the owner to the creditor (fiduciary recipient) is the right of ownership of an object that is used as collateral, so that the juridical ownership rights of the guaranteed object are transferred to the creditor (fiduciary recipient). meanwhile, the economic ownership rights to the guaranteed object remain in the hands or in the control of the owner. fiduciary based on article 1 number 2 of the fiduciary law, it is emphasized that the meaning of fiduciary guarantee is "a guarantee right to movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights as referred to in law number 4 of 1996 concerning mortgage which remains in the control http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 of the fiduciary giver, as collateral for the repayment of certain debts, which gives priority to the fiduciary recipient over other creditors”. based on the provisions in article 1 paragraph (2) of the fiduciary law, the elements of a fiduciary guarantee are: 1. as a board of material guarantee rights and priority rights; 2. moving objects as objects; 3. immovable objects, especially buildings that are not encumbered with mortgage rights, are also objects of fiduciary guarantees; 4. unmoving objects, especially buildings that are not encumbered with mortgage rights; are also objects of fiduciary guarantees; 5. to pay off a certain debt; 6. giving priority to fiduciary recipients over other creditors. from the definition above, it means that fiduciary is a process of transferring ownership rights while fiduciary guarantee is a guarantee that is given in the form of fiduciary. in the arrangement of fiduciary guarantees, a fiduciary guarantee can be abolished. according to the government regulation of the republic of indonesia number 21 of 2015 concerning procedures for registration of fiduciary guarantees and fees for making fiduciary guarantee deeds, it is stated in article 16 paragraph 1 which affirms that, "fiduciary guarantees can be canceled due to the elimination of debts guaranteed by fiduciary, relinquishment of rights to fiduciary guarantees. by the fiduciary recipient or the destruction of the object that is the object of the fiduciary guarantee”. principles of fiduciary guarantee fiduciary guarantees according to the fiduciary law are collateral rights to movable objects, both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the control of the fiduciary giver, as collateral for certain repayments, which gives the fiduciary recipient a position against creditors. other. as for the principles in fiduciary guarantees contained in the fiduciary law, namely: a. principle of specialty on fixed loan the object of a fiduciary guarantee is a collateral or guarantee for the repayment of certain debts which gives priority to the fiduciary recipient over other creditors. therefore, the object of the fiduciary guarantee must be clear and certain on the one hand, and on the other hand the amount of the debtor's debt must be certain or at least the amount can be ascertained or calculated (verrekiningbaar, deductible). b. basic assesor http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 according to article 4 of the fiduciary law that a fiduciary agreement is a follow-up agreement to the principal agreement which is a debt agreement, thus the validity of the fiduciary guarantee agreement depends on the principal agreement, and the abolition of the object of the fiduciary guarantee depends on the abolition of the principal agreement. c. basic droit de suite according to article 27 paragraph (2) of the fiduciary law, it is stated that the fiduciary guarantee continues to follow the object that is the object of the fiduciary guarantee, in whatever hand the object is in, unless its presence in a third party based on the transfer of rights to receivables or cessies based on article 613 of the civil code. thus, the right to fiduciary security is an absolute material right or in rem not in person. d. basic preferen (droit de preference) the principle of preference or right of precedence is the right that takes precedence or precedence from the fiduciary recipient to other fiduciary recipients to take the fulfillment of debt repayment payments on the sale of the object of the fiduciary guarantee. the quality of the rights of the fiduciary recipient is not nullified even though it is bankrupt or liquidated as stipulated in article 27 paragraph (3) of the fiduciary law. therefore, debt bound by a fiduciary agreement is preferential debt, namely debt that must be paid first to the fiduciary recipient from other creditors from the sale of the collateral object. e. charging and registration of fiduciary guarantees the imposition of objects with fiduciary guarantees is made with a notarial deed (article 5 paragraph (1) of the fiduciary law) where this is in line with mortgages on immovable collateral based on the mortgage law, then in accordance with article 1870 of the civil code which confirms that the notary deed is an authentic deed that has the power of perfect proof of what is contained therein between the parties and their heirs or successors. that is why the fiduciary law stipulates that a fiduciary agreement must be made with a notary deed. considering that the objects of fiduciary security in general are movable goods, it is only natural that the closest authentic deed is to guarantee legal certainty over fiduciary guarantees. article 6 of the fiduciary guarantee law regulates the provisions that must be contained in a fiduciary guarantee deed. starting from the time, the identity of the parties, the object of the fiduciary guarantee, up to the principal of the agreement as outlined or the agreement of the parties made clearly in the fiduciary guarantee deed. article 8 of the fiduciary law stipulates that fiduciary guarantees can be given to one or more recipients of power or representatives of the fiduciary recipients. this provision is intended as a fiduciary grant in the context of financing consortium credit. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 the provisions of article 9 of the fiduciary law emphasizes that fiduciary guarantees can be given to one or more units or types of objects, including receivables, whether existing at the time the guarantee is given or obtained later on means that the object by law will be burdened with fiduciary guarantees when the object is intended to become the property of the fiduciary giver. the imposition of the fiduciary guarantee does not need to be carried out with a separate agreement. this is because the object has transferred ownership rights. furthermore, regarding the results or follow-ups of the objects that are the object of the guarantee, it is regulated in article 10 of the fiduciary law. article 11 of the fiduciary law itself regulates the obligation of objects that are burdened with fiduciary guarantees to be registered at the fiduciary registration office located in indonesia, also applies to objects that are burdened with fiduciary guarantees located outside the territory of indonesia. this is to guarantee legal certainty over the guaranteed object. the fiduciary guarantee agency is in the department of law and human rights. the fiduciary guarantee registration application is made by the fiduciary recipient. then the fiduciary registration office records the fiduciary guarantee in the fiduciary register book on the same date as the date of receipt of the registration application. this provision is intended so that the fiduciary registration office does not evaluate the truth contained in the fiduciary registration statement, but only checks the data contained in the fiduciary statement. the date of recording in the fiduciary register is considered as the birth of the fiduciary guarantee. it can be concluded that the registration of a fiduciary guarantee is considered or constitutes a constitutive act that gives birth to a fiduciary guarantee. as emphasized in article 28 of the fiduciary law which states that if the object that is used as the object of a fiduciary guarantee is more than one agreement, the first to be registered is the one who is recognized as the fiduciary recipient. the next step taken by the fiduciary registration office as evidence of the fiduciary registration has been carried out, namely by issuing a fiduciary guarantee certificate issued on the same date stated in the application letter for fiduciary guarantee registration. the fiduciary guarantee certificate is listed as "for the sake of justice based on the one almighty god" so that the position of this fiduciary guarantee certificate is the same as a court decision that already has permanent legal force. further provisions regarding the procedure for fiduciary registration are regulated in the minister of finance of the republic of indonesia no. 130/pmk.010/2012 concerning registration of fiduciary guarantees for financing companies conducting consumer financing for motorized vehicles with fiduciary guarantees charged. execution of fiduciary guarantee http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 one of the characteristics of a good material debt guarantee is when the guarantee can be executed quickly with a simple, efficient process and contains legal certainty. of course, fiduciary as a type of debt guarantee must also have these fast, cheap and sure elements. because so far there is no clarity on how to execute a fiduciary. the basis for the execution of fiduciary guarantees is regulated in article 29 paragraph (1) of the fiduciary law. this execution can also be interpreted as "carrying out" a court that enforces a court decision with the help of general powers if the losing party does not want to carry it out voluntarily. execution can be done if it has permanent legal force. if the debtor breaks his promise, then the fiduciary recipient has the right to sell the object that is the object of the guarantee on his own power. this is one of the characteristics of material guarantees, namely the ease of execution. the types of executions based on article 29 of the fiduciary law are: (a) the executorial title), namely through a court order; (b) by parate execution, namely by selling through auction; and (c) sold by no auction mechanism by the creditors themselves. the basis of article 29 above is because of the titles on the fiduciary certificate which reads "for the sake of justice based on the one godhead" where the sentence is usually found in the judge's decision on a trial that has been carried out. article 15 paragraph (2) of the fiduciary law considers that the executorial power of a fiduciary certificate is the same as the power of a judge's decision which has permanent legal force, so that creditors feel they can carry out the execution of fiduciary collateral at any time if the debtor is deemed to have defaulted because it is deemed to have been decided by the panel of judges. for the implementation of fiat execution itself, the process should be escorted by the indonesian national police, in accordance with national police chief regulation no. 8 of 2011 concerning security of execution of fiduciary guarantees, namely article 1 paragraph (12) which explains that securing the execution of fiduciary security is the duty of the police, provided that: (a) there is a request from the applicant; (b) have a fiduciary guarantee deed; (c) the fiduciary guarantee is registered with the fiduciary registration office; (d) have a fiduciary guarantee certificate, and (e) the fiduciary guarantee is still in the territory of the republic of indonesia. this states that the police still require the legality of the fiduciary collateral before providing security services for execution. referring to the decision of the constitutional court of the republic of indonesia number 18/puu-xvii/2019 stating article 15 paragraph (2) of the fiduciary law and its explanation along the phrase "executory power" and the phrase "the same as a court decision with permanent legal force" are unconstitutional on the condition that: a. there is no agreement on breach of contract (default) and the debtor objected to submitting voluntarily the object of the fiduciary guarantee, then all legal mechanisms and procedures http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 for the execution of the fiduciary guarantee certificate must be carried out and apply the same as the execution of court decisions that have permanent legal force. b. as long as “the default is determined unilaterally by the creditor, without any prior agreement between the creditor and the debtor or on the basis of legal remedies that determine that a default has occurred”. so that if conditions like the above are found, the execution must be carried out through a judge's decision in the district court by submitting an application for execution of fiduciary guarantees. legal consequences of the decision of the constitutional court number 2/puu-xix/2021 for execution in 2020, a collector from a finance company named joshua m. djami submitted a review to the constitutional court on the decision on the execution of fiduciary guarantees in the constitutional court's decision no. 18/puu-xvii/2019 with the reason that the decision caused him and his company to find it difficult because they had to go through a court decision mechanism first to be able to withdraw fiduciary collateral and there were naughty debtors who did not want to pay and voluntarily submitted fiduciary guarantees and took refuge in behind the decision of the constitutional court so that it can directly or indirectly affect the existence of finance companies in carrying out their economic activities. on the request for review of the constitutional court's decision no. 18/puu-xvii/2019 mainly concerning article 15 paragraph (2) of the fiduciary law which has been decided previously, where the execution of fiduciary guarantees if there is no agreement on default and the willingness of the debtor to deliver the goods must be carried out through a judge's decision in the district court. the constitutional court decided to reject the lawsuit because it considered that the direct execution carried out by creditors was considered a violation of legal and human rights and through decision no. 2/puu-xix/2021, the constitutional court stated that it rejected the lawsuit and at the same time corrected the decision on article 15 paragraph (2) of the fiduciary law by stating that the settlement of executions through the courts is an alternative step where if the creditor and debtor have mediated and there is an agreement, then the execution through parate execution can be carried out without the need to request court fiat. so in this case the interpretation of the constitutional court decision no. 18/puu-xvii/2019 which states that the execution of fiduciary guarantees must go through a court decision is wrong. the conclusion of this chapter is that the withdrawal of fiduciary collateral which is currently controlled by the debtor can be carried out in two ways, namely: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 make an agreement with the debtor wherein the debtor voluntarily submits the fiduciary collateral to the creditor, for sale through auction. the terms of the sale are prohibited to harm the debtor, namely if the selling price is below the value of the debtor's debt. request a decision from the panel of judges to be able to execute the goods on the basis of the registered fiduciary certificate, and for further sale of the fiduciary guarantee by auction. legal consequences for creditors who withdraw fiduciate guarantee goods unilatery basic of execution execution is a legal action taken by the court to the losing party in a case, it is also a further rule and procedure of the case examination process. execution is a continuous action of the entire civil procedural law process. execution is an integral part of the implementation of the procedural rules contained in the hir or rbg. and it also includes guidelines for execution rules that must refer to statutory arrangements as regulated in hir and rbg. the procedure for executing a decision, which is also known as execution, is further regulated in articles 195 to 208 and article 224 of the hir or articles 206 to article 240 and article 258 of the rbg. in addition to these articles, there are still others that regulate the execution, namely article 225 hir or 259 rbg. these two articles regulate the execution of a court decision that convicts the defendant to commit a "certain act". and article 180 hir or article 1919 rbg, which regulates the implementation of the decision "immediately" (uitoverbaar bij voorraad) even though the decision has not yet obtained permanent legal force. principles of execution execute decisions that have permanent legal force execution of a decision or execution is an act carried out forcibly against the losing party (the defendant). the position of the defendant at the time of execution was changed to “the executed party”. not all court decisions have executive power. this means that not all decisions are inherently executive power. thus, not all court decisions can be executed. decisions that have not been executed are decisions that have not been executed. in principle, only decisions that have obtained permanent legal force (in kracht van gewijsde) can be "executed". the new execution can be carried out as a legal action starting from the date of the inkracht decision and the defendant (the losing party) does not voluntarily comply with the decision. some forms of exceptions that can be justified by laws that allow executions to be carried out outside of an inkracht decision are: implementing the decision first (uitvoerbaer bij vorraad), the plaintiff (winner) has the right to submit a request so that the decision can be executed first even though the losing party files an appeal or cassation (article 180 paragraph (1) hir or article 191 paragraph (1) rbg). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 implementation of the provisional decision, the judge grants the provisional claim from the plaintiff even though the decision has not been taken. there is a peace treaty, both parties agree to make peace during the trial (article 130 hir or article 154 rbg). grosse execution of deed, based on article 224 hir or article 258 rbg allows execution of the contents of the agreement as long as the agreement is in the form of grosse deed because it has legal force attached to the executorial. a. decision are not made voluntarily basically, execution is a forced act of carrying out a court decision that has obtained permanent legal force, it is only a legal choice if the losing party does not want to carry out or fulfill the contents of the decision voluntarily. b. decisions that are executed are condemnatoir that the decision handed down is punishing so that execution is a manifestation of the punishment. execution of fiduciary guarantee based on article 29 of the fiduciary law, it regulates the execution of fiduciary guarantees, namely: a. if the debtor or fiduciary provider is in breach of contract, the execution of the object that is the object of the fiduciary guarantee can be carried out by: (1) implementation of the executorial title as referred to in article 15 paragraph (2) of the fiduciary law by creditors as fiduciary recipients; in the fiduciary guarantee certificate issued by the fiduciary registration office the words "for justice based on the one godhead". this fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force. what is meant by executive power is that it can be implemented directly without going through a court and is final and binding on the parties to implement the decision. this means that there are 2 (two) main requirements in the implementation of the executive title, namely: the debtor or fiduciary giver has defaulted; there is a fiduciary guarantee certificate which includes the titles "for justice based on the almighty god". furthermore, although it is not expressly determined how to implement this title of execution (by auction or underhand) but considering the nature of execution and considering that underhand sales have been given conditions based on the agreement of the fiduciary giver and recipient, the execution of this title of execution must be by auction. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 (2) the sale of objects that are the object of the fiduciary guarantee on the authority of the fiduciary recipient himself through a public auction and take the settlement of his receivables from the sale proceeds if the debtor defaults, the fiduciary recipient has the right to sell the object of the fiduciary guarantee on his own power. the sale in this way is known as the execution parate institution and is required to be sold through a public auction, thus the execution parate is more or less the authority given (by law or court decision) to one of the parties to enforce the contents of the agreement themselves by force when the other default. in accordance with the constitutional court decision no. 2/puu-xix/2021, that the execution of fiduciary guarantees requires an "agreement" and "volunteer submission" which results in the execution being carried out without a court decision. this is an affirmation of the rights of the fiduciary giver to be able to maintain his assets is highly upheld because to be able to obtain the loan, the fiduciary giver has fulfilled the terms of the debt-receivable agreement and has had good faith before. the problem is that if the terms "agreement" and "voluntarily submit" become important points in the execution of fiduciary guarantees in order to avoid legal action in court, there will be risks, among others: a. coercion to include agreed clauses and voluntary submission in the standard additional financing agreement that absolute proof of a legal relationship between two parties is indicated by the existence of a legal agreement which is described by the signatures of both parties on the agreement document. to change a legal engagement can only be done with a legal engagement, so often additional agreements or changes are made to change the previous agreement. with the obligation to "agree" on default and "voluntary delivery" then the creditor or fiduciary recipient may make additional agreements to the previous standard agreement which must be approved by the debtor or fiduciary giver and the agreement can be used as the basis for the execution of the fiduciary guarantee. b. coercion on the debtor to make a voluntary submission of fiduciary guarantees in order to anticipate the failure of the execution of the fiduciary guarantee due to "coercion", the steps that can be taken are the debtor must make a letter of voluntary submission of the fiduciary guarantee to the creditor so that it seems as if giving permission to the creditor to execute the guarantee if there is a "congestion" in installment payments. to make the debtor make the letter, sometimes it must be done in ways that are not appropriate so that a statement can be obtained containing voluntarily submitting a fiduciary guarantee. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 c. making a clause creditors will not take legal action if a fiduciary guarantee is withdrawn in the default article the clauses of the financing agreement are now in standard form for reasons of efficiency, and it is allowed as long as both parties agree. to get around so that there is no legal remedy in the withdrawal of fiduciary security, it is possible to add a clause that the debtor will not take any legal action in the event of a withdrawal of fiduciary collateral due to default. and if the debtor signs this agreement, the withdrawal can be made because there has been permission to do so without any precautions from the debtor. d. making sales authorization for fiduciary collateral as an attachment to the financing agreement as usual in mortgage agreements, which attach a power of attorney to sell to the creditor if there is a violation of the contents of the agreement. so it is possible that this can occur in a fiduciary agreement, where at the beginning of the agreement, the debtor is asked to sign a statement of execution authority in the event of a default on the financing agreement. this can be interpreted as agreeing and voluntarily submitting fiduciary collateral even though the default status is still "one-sided" these are examples of things that will happen or are at risk if the withdrawal of fiduciary security can be done without going through a court mechanism as long as there is an agreement on default and the debtor voluntarily relinquishes the right of possession of the fiduciary collateral to the creditor if it is carried out unilaterally. in other words, it is "prone" to the use of physical violence in carrying out executions without the need for a court decision. if the creditor continues to carry out the withdrawal of collateral unilaterally without regard to procedures or procedures executed under article 196 hir or article 208 rbg, where the article reads: the winner submits a request, either orally or in writing, to the chairman, the district court mentioned in the first paragraph of article 195, to carry out the decision. by the chairman, which lasts for eight days ", then the action can be said to have entered the realm of legal action of confiscation (article 368 of the criminal code) and theft (article 362 of the criminal code). this is because there is the taking of someone's belongings without permission and used for the benefit of others or the taker. the difference between the two articles is that the owner of the goods knows the act or not, if he knows then it can be said as confiscation, while if he does not know then it can be categorized as theft. article 362 of the criminal code states that "anyone who takes an object wholly or partly belongs to another person, with the intention of unlawfully possessing it, is threatened with theft, with a maximum imprisonment of 5 years or a maximum fine of nine hundred rupiahs". in this case, the keyword is the goods partially or wholly belonging to another person, the intention is to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 be owned against the law. the threat of punishment is imprisonment for a maximum of 5 years or a fine of a maximum of nine hundred rupiahs (at the time the criminal code was made). whereas article 368 of the criminal code states that "whoever with the intention of unlawfully benefiting himself or another person, forces a person with violence or threats of violence, to give something goods, which wholly or partly belongs to that person or another person; or to give debts or write off receivables”, where the key words are there is an intention or intent to benefit oneself or another person, carried out in a way that is against the law, acts of violence in the form of threats in the form of coercion to give or give something to another person, for debt purposes. or write-off of accounts receivable. the threat of punishment is a maximum imprisonment of nine years. based on the description above, the legal consequences obtained by the creditor if carrying out a unilateral execution where previously there was no "agreement" on the default and there was no "delivery of fiduciary collateral from the debtor to the creditor because there was no agreement", then the action is considered as an action. against the law and the action can be reported as a criminal offense under article 362 of the criminal code for attempted theft (if the taking of the goods is not known to the owner of the goods) and/or article 368 of the criminal code regarding attempts to confiscate other people's belongings. 4. conlusion withdrawal of fiduciary collateral which is currently controlled by the debtor can be carried out in two ways in accordance with the constitutional court decision no. 2/puu xix/2021, namely: make an agreement with the debtor wherein the debtor voluntarily submits the fiduciary collateral to the creditor, for sale through auction. the terms of the sale are prohibited to harm the debtor, namely if the selling price is below the value of the debtor's debt. request a decision from the panel of judges to be able to execute the goods based on the registered fiduciary certificate, and for further sale of the fiduciary guarantee by auction. the legal consequences obtained by the creditor if carrying out a unilateral execution where previously there was no "agreement" on the default and there was no "delivery of fiduciary collateral from the debtor to the creditor because there was no agreement", then the action is considered as an act against the law and against such action can be reported as a criminal offense under article 362 of the criminal code for attempted theft (if the taking of the goods is not known to the owner of the goods) and/or article 368 of the criminal code concerning attempts to confiscate other people's property. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 18 no. 1 june 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 references agustianingsih, r., & yunita, y. (2022). penyelesaian sengketa wanprestasi pembiayaan konsumen pada pt nusantara sakti kantor cabang banda aceh. jurnal ilmiah mahasiswa bidang hukum keperdataan, 6(2), 104–133. ariawan, h., & maryanto, m. (2021). consumer protection against forced withdrawal by leasing parties in fiduciary guarantee. law development journal, 3(3), 505–512. doyoharjo, a. (2022). withdrawal of a motor fiduciary guarantee vehicle by financing companies against the debtors experienced loss of loans (study of decision number: 50/pdt. g/2018/pn. plk). east asian journal of multidisciplinary research, 1(2), 199–208. hadinata, r. a. (2021). legal consequences for creditors caused by forced withdrawal of fiduciary objects. norma, 18(2), 27. hidayat, m. (2018). juridical review of decriminalization on efforts to cut drugs users’ addiction in indonesia. yurisdiksi: jurnal wacana hukum dan sains, 11(2), 1–12. jamil, m. (2021). fiduciary security arrangements and issues in indonesia. journal of human rights, culture and legal system, 1(2). kristiyanti, c. t. s. (2021). legal protection of the parties in credit agreement with fiduciary guarantee after the issuence of constitutional court decision no. 18/puu-xvii/2019. notariil jurnal kenotariatan, 6(2), 65–77. kusumah, a., & witasari, a. (2021). law enforcement on fiducian security objects due to withdrawal of fiducia security objects. law development journal, 3(1), 38–43. markum, m., widhiyanti, h. n., & widiarto, a. e. (2021). legal consequences of fiduciary guarantee execution post decision of indonesian constitutional court. international journal of multicultural and multireligious understanding, 8(8), 218–230. pradnyawan, s. w. a., nurani, s. s., budiono, a., & sasongko, s. (2020). execution of fiduciary collateral based on the decision of the constitutional court number 18/puu-xvii/2019. indonesian journal of law and policy studies, 1(2), 142–151. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 391 issn print 2086-6852 and issn online 2598-5892 study of morality and human rights on former corruption prisoners who become a prospective regional head sulistyani eka lestari faculty of law, sunan bonang university, indonesia corresponding author e-mail:sulis_usb@yahoo.com article history: received: oktober 11, 2022; accepted: oktober 25, 2022 abstract after the constitutional court's decision no. 56/puu-xvii/2019 which provides a legal loophole for former corruption convicts to become candidates for regional head, there is a polemic in its application and the integrity of the law itself, distancing the function of law as a tool that can be used as a deterrent effect for a crime. the dialectic between the political rights guaranteed by the constitution which is firmly held by ex-convicts is very contrary to the teachings of morality taught by immanuel kant. the study of morality always prioritizes behavior based on inner truth, not because of external factors or in this case while the law allows, which makes humans far from the inner truth itself. this study uses a normative juridical law research with a legal approach and a conceptual approach. the results of this study indicate that the constitutional court's decision places the law above morality, by setting aside something that must be owned by the regional head, namely a balance between attitudes and behavior. furthermore, according to the concept of democracy, the state actually has the right to totally limit the political r ights of former convicts of corruption not to go forward again or to abolish them completely, in order to guarantee the integrity of the government from corrupt actors in the future and also to make the law a function of deterrent effect and the last remedy in enforcement, but in fact the state does not implement it, the state prefers to give access to ex-corruption convicts to advance to become candidates for regional heads on the legal basis of this decision. keywords: regional head election, morality, corruption 1. introduction in the 1945 constitution of the republic of indonesia there is a division of power, namely the legislative, executive and judicial, this is in line with the trias politica theory, which states; the definition of government in a broad sense is that it must have legislative power, executive power and judicial power, which are referred to as the three parts of the government that uphold the sovereignty of the people (manan, 2000). from the three branches of power, we have seen that executive power is not only exercised by the central government, but the regional government is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 392 issn print 2086-6852 and issn online 2598-5892 also given autonomous rights after the 1998 reform, which requires each region to have a governor and deputy governor, mayor and deputy mayor and regent and deputy regent. directly elected by the people, because this is one manifestation of the principle of decentralization in a democratic country (sinaga, 2018). the election of regional heads must be made through regional head elections (pilkada) which are directly elected by the people. the essence of pilkada is a means for the people to exercise their sovereignty and is a democratic institution. pilkada is a process that provides the opportunity for the people to elect people who will occupy leadership seats in an area in the executive branch of power, either at the provincial level or at the district and city levels. regional power will be led by the governor and deputy governor, regent and deputy regent, and mayor and deputy mayor. in connection with the regional head election (pilkada) it is a long political journey marked by tug-of-war between the interests of the political elite and the public will, the interests of the central government and regional governments, until ending with the issuance of law no. 8 of 2015 concerning amendments to law no. 1 of 2015 concerning stipulation of government regulations in lieu of law concerning the election of governors, regents, and mayors which revoke law number 22 of 2014 concerning regional head elections which are carried out indirectly through the dprd. through history and a long tug of political interest, the pilkada can finally be carried out directly, with the mechanism of the people choosing their own candidate for leader in their respective regions. the hope of all of this is for the people to participate directly and get a just and proper leader for the welfare of the people in their area. but the classic problem with regional leaders is that they cannot escape the corruption cases that ensnared them, as if they cannot learn from the past and the laws that supervised them, almost every year there are still several regional heads who are caught in corruption cases (nazriyah, 2015). but corruption cases have re-emerged. in january, for three weeks in a row, the public had been treated to news of the arrest of a regional head who was entangled in corruption. no less than three regional heads have been http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 393 issn print 2086-6852 and issn online 2598-5892 named as rasuah suspects. the arrests of the three opened a black sheet at the beginning of the year and added to the long list of corruption cases involving regional heads. the fact that the corruption of regional heads has emerged is not a new thing. based on data on the kpk.go.id website, from 2004 to january 3, 2022, no less than 22 governors and 148 regents/mayors have been prosecuted by the corruption eradication commission. this number could certainly be higher if combined with data from the attorney general's office and the police. indonesian corruption watch (icw) noted that during 2010 to june 2018 no less than 253 regional heads were appointed as corruption suspects by law enforcement officials. it doesn't just stop here, under the pretext of democracy and the political rights of every citizen as regulated in the constitution, it turns out that there are ex-corrupt convicts who are still running for regional heads in the next period, after the period of detention in question is over. how can this be done? it turns out that there are legal loopholes that can be exploited and allow former corrupt convicts to run again in the next pilkada, the legal basis for that is; constitutional court decision no. 56/puu-xvii/2019. in article 7 paragraph 2 letter g the constitutional court decision no. 56/puu-xvii/2019 states that; "(i) has never been a convict based on a court decision that has obtained permanent legal force for committing a crime punishable by imprisonment of 5 (five) years or more, except for the convict who commits a crime of negligence and a political crime in the sense of an act. which is declared a criminal act in positive law only because the perpetrator has a different political view from the regime in power; (ii) for former convicts, a period of 5 (five) years has passed after the former convict has finished serving his prison sentence based on a court decision that has permanent legal force and honestly or publicly announces his background as a former convict; and (iii) not being a repeat offender.” the constitutional court's decision shows that there are conditions and exceptions that former corrupt convicts can take advantage of to run again as a candidate for regional head. the author assumes that the entry of former corrupt convicts as candidates for regional head is a setback for democracy, where the government only acts through legal calculations that can be http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 394 issn print 2086-6852 and issn online 2598-5892 calculated, far from the moral values that exist and grow in this country. in this study the author will review the morality of regional head candidates from ex-convicts of corruption cases as regulated in the constitutional court decision no. 56/puu-xvii/2019 with the morality theory of immanuel kant and how political rights should be arranged against former corrupt convicts as the theory of januz symonides regarding restrictions on political rights, in order to create synchronization between law enforcement and moral values in it. 2. research methods in this study the method used is normative legal research, through two approaches, namely the statutory approach and the conceptual approach. research), namely the method of searching and inventorying primary and secondary legal materials by tracing documents, literature books, legal journals, and laws and regulations related to the object of research. the legal materials that have been obtained will be described and presented descriptively in a more systematic writing. furthermore, the results of the study will be concluded using the deductive method, namely drawing conclusions from a general matter to the concrete problems faced in this study (ruslinawati & sudantra, 2016). 3. results and discussion morality review of candidates for regional heads of former corrupt convicts in accordance with constitutional court decision no. 56/puu-xvii/2019 according to imamnuel kant, morality (moralitat/sittlichkeit) is the conformity of attitudes and actions with the inner norms or laws that exist in each person. morality will be achieved when obeying the outward law/inner feeling that exists in every individual, not because it brings beneficial consequences or because of fear of the power or law that orders or forbids it, but realizes for himself that the law is an obligation, which arises from within himself (mckie, 2019). article 7 paragraph 2 letter g constitutional court decision no. 56/puu-xvii/2019 can be interpreted that there is a dispensation that former corrupt convicts can use to advance to become a regional http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 395 issn print 2086-6852 and issn online 2598-5892 head candidate which is explicitly far from the moral conformity described by immanuel kant. morality strongly emphasizes that the actions taken by a person must be born from his own inner feelings, not because of the temptation of legal opportunities or because of fear of prohibition from the law. this decision distances the principle of morality that should be firmly held by a candidate for regional head. morality is meant by kant not just a matter of conformity to external rules, such as state law, religion or customs. in simple terms kant ensured that the criterion of a person's moral quality is his loyalty to his own conscience. kant started a new thought in the field of ethics where he saw human actions as morally valid, if these actions were carried out based on obligations that arise from him not because of fear of consequences. former corruption convicts who run as candidates for regional head show an attitude that distances themselves from the moral norms that exist within them. behavioral adjustments are not only based on the constitutional court's decision, but also loyalty to his conscience. inside a person's heart there must be a truth that tells every human being to introspect themselves. the constitutional court's decision provides an opportunity for candidates for regional heads from former corrupt convicts to distance themselves from the value of self-introspection and replace it with the pretext of the political rights of citizens with the aim of gaining profits (khaerunnailla, 2018). according to kant, actions that seem good can shift morally if they are done not based on the resulting sense of obligation and self-interest. an act is considered good if it is done solely out of respect for the moral law, namely (inner) obligations. from the point of view of human rights (ham) it is stated in the constitution of the republic of indonesia the phrase that every citizen has political rights and there is no phrase limiting political rights in the constitution. in short, a good deed according to the law is not necessarily good according to morality. in the law there is still a sense of selflessness and calculation of profit while morality is an inner voice that does not expect reciprocity. kant distinguishes between categorical imperatives (immediate) and hypothetical imperatives (conjecture) as two different moral imperatives. categorical imperatives are http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 396 issn print 2086-6852 and issn online 2598-5892 unconditional orders that simply oblige a moral action, while hypothetical imperatives always include an if-then structure or may be further clarified by calculating whether this action is harmful or not. kant considers the hypothetical imperative to be morally weak because what is good is reduced to its consequences, so that humans as moral actors are not autonomous, because all actions are controlled by conditions that exist outside of themselves. human autonomy is only possible if humans act according to categorical imperatives that oblige without any conditions. categorical imperatives animate all moral actions such as promises to be kept, loan items to be returned and so on, without thinking about the beneficial or not. article 7 paragraph 2 letter g constitutional court decision no. 56/puu-xvii/2019 is included in the category of hypothetical imperatives, namely; provide opportunities for former corrupt convicts who run for elections to be controlled by profit interests as a result of legal regulations that make these candidates distance themselves from the inner truth that is within them. if every candidate for regional head who is a former corrupt convict has a categorical imperative in him, it is impossible for them to go forward again, because after undergoing the process of being sentenced in prison, he realizes that he is not capable of carrying out this mandate. the most famous implication that kant can draw from his calculations of our moral capacity to know and live the moral law is his argument that man should not be treated as a means, but always as an end. the constitutional court's decision has clearly placed the candidate for regional head of ex-corrupt convicts as a means of oligarchic interests only, the goal is still far from the moral values that have existed in indonesia. from several points that can be viewed morally in article 7 paragraph 2 letter g of the constitutional court decision no. 56/puu-xvii/2019, this article puts forward the legal function as a loophole to provide dispensation to former corruption convicts to become candidates for regional head. the phrase never getting a sentence of more than 5 years is one of the legal loopholes that can be exploited by candidates for regional heads who are ex-corruption convicts. the purpose of morality theory as a benchmark for moral criticism is intentionally omitted in this http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 397 issn print 2086-6852 and issn online 2598-5892 legal basis, meaning that the constitutional court's decision was not made with the aim of improving the morality of regional head candidates in the next period. the second phrase which states that it is permissible to run as a candidate for regional head after passing a grace period of 5 years after serving a period of detention is a legal basis that keeps this decision far from the purpose of the law itself. we all know that the purpose of the law is to create justice. besides that, the law also has another purpose, namely a deterrent effect. in more detail, one of the principles contained in the law is that the law is the ultimum remidium (last remedy). how can it be a deterrent effect and the last remedy for former corrupt convicts and other officials who have not stumbled upon a corruption case, if there is a right of exception in the future that can be used under the pretext of the constitutional court's decision. this means that in addition to not being able to make a deterrent effect for the perpetrators, article 7 paragraph 2 letter g of the constitutional court decision no. 56/puu-xvii/2019 is still far from morality because it still places profit calculations on the legal basis that regulates it above the morality that should be owned by every person. public official review of political rights restrictions for candidates for regional heads with the status of former corruption convicts according to januz symonides. limiting the political rights of candidates for regional head ex-corruption prisoners is one form of effort to prevent the occurrence and recurrence of corrupt practices for public officials, especially regional heads. the tightening mechanism for the selection of regional head candidates should start with political parties. however, the fact that political parties are not serious in selecting candidates to be proposed, it is not integrity that is prioritized, but popularity and strong financial strength are the main factors for these candidates to pass the internal selection of the party (fariz, 2020). the implementation of the pilkada is one of the actualization of human rights in the state, political rights guaranteed by the 1945 constitution of the republic of indonesia and also the law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 398 issn print 2086-6852 and issn online 2598-5892 on human rights require guarantees of political rights, including freedom of belief, freedom of expression. opinion, freedom of association and assembly, equal rights before the law and government, and the right to vote. human rights related to the implementation of the pilkada are included in the category of political rights. political rights have the meaning, that these rights are inherent in the status of citizens. therefore, the state's obligation is to protect (obligation to protect) so that these rights can be owned and implemented. as a means as well as a measure of whether or not people's sovereignty is implemented, the essence of pilkada is an acknowledgment of the existence of the right to vote and the right to be elected by every citizen. the current pilkada system is a value in constitutional law, which refers to the principle of people's sovereignty. by referring to the principle of people's sovereignty for the implementation of the pilkada, the 1945 constitution of the republic of indonesia provides legitimacy to this principle, so that there is no room to reduce the people's right to determine who will govern and the people's right to contest to seize regional power through the pilkada. that is, our constitution has embodied the right of every citizen to be given equal and effective opportunities to vote and to be elected. various restrictions on rights and differences in treatment for citizens who become candidates for pilkada can be understood as an effort so that elections become a way to create quality leaders or public office holders, have integrity, capacity, adequate morals and gain the trust of the community. pilkada as a mechanism for filling political positions at the regional level must be used as a means to attract leaders or public officials who are free from corruption problems, both past and present and have moral integrity that is maintained (fariz, 2020). article 28j paragraph (2) of the 1945 constitution of the republic of indonesia states; "in exercising his rights and freedoms, everyone is obliged to comply with the restrictions established by law for the sole purpose of guaranteeing the recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with considerations of morals, religious values, security and public order in a democratic society”. from this article, we can see that the bottom line is that there are no absolute rights for citizens that cannot be reduced for certain reasons, meaning that the law can be used as a basis for reducing a person's rights in certain matters, such as http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 399 issn print 2086-6852 and issn online 2598-5892 pilkada (soemantri, 2015). the principle of limitation can be interpreted that the state can interfere with the limitation of these rights for reasons that can be accounted for by legal mechanisms in accordance with the laws and regulations. to carry out its obligations as a protector of human rights, the government is obliged to protect the rights of its citizens who have the potential to be violated by unscrupulous state officials and civil society who intend to take these rights (handayani & darmianti, 2017). the constitutional mandate obliges the state to protect, respect and fulfill human rights, but in certain situations the state is forced to make certain restrictions so that the human rights under its guarantee can be protected, respected and fulfilled. according to some experts, restrictions on human rights are allowed as long as it is only necessary in a democratic society, namely if the rights are still granted contrary to social norms that exist in society and have the potential to cause polemics in the future (astomo, 2014). according to januz symonides, there are three conditions that can be done to limit human rights, including political rights. first; regulated in the rule of law, second; carried out solely to achieve goals in a democratic society; third; really needed and proportionate to the needs of the community. the concept of limiting human rights is increasingly gaining a place in the context that individual rights, which are referred to as human rights, cannot be separated from the social environment in which they live, namely the community. where, in society, human rights are developed (padli, 2021). the reality of society, both at the national and international levels, which have various characteristics with each different from one another, must have their own consequences, in which they are forced to meet different social and cultural standards. in principle, certain restrictions on voting rights in the context of realizing elections that are honest, fair and with integrity can be justified. this is reinforced by the provisions of article 25 of the international covenant on civil and political rights which states that; every citizen has the right and opportunity, without the distinctions referred to in article 2 and without unreasonable restrictions, to: vote and be elected in general elections (yudhistira, 2020). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 400 issn print 2086-6852 and issn online 2598-5892 likewise with the provisions of article 28j of the 1945 constitution of the republic of indonesia which confirms that certain restrictions on human rights are very possible as long as they guarantee the recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations. religious values, security, and public order in a democratic society (ee et al., 2016). limitation of the right to run as a proportional regional head candidate is very necessary in order to create honest and fair pilkada with results with integrity. due to the restrictions contained in article 7 paragraph 2 letter g of the constitutional court decision no. 56/puu-xvii/2019, it still provides opportunities for former corrupt convicts to run in the next pilkada, making the pilkada a free contestation without limits, even though we will choose a a leader who will lead an area, who is competent and who certainly does not have a track record as a former corrupt convict. the constitutional court's decision made the pilkada accepting candidates for regional heads from former corrupt convicts contradict the principle of justice. the acceptance of the concept of universal limitation of political rights, then one form of its implementation is contained in a number of decisions of the constitutional court which provide a time limit of 5 (five) years after the former convict has finished serving his prison sentence based on a court decision that has permanent legal force to be re-nominated as a candidate for re-election. candidate for regional head (sinaga, 2018). of course, this hiatus also applies to former convicts in corruption cases. this decision is very contrary to the purpose of the law itself, the state does not seem to have learned from the past, allowing someone who has a track record of corruption to be given access to lead an area. the limitation of rights regulated in article 7 paragraph 2 letter g constitutional court decision no. 56/puu-xvii/2019 contradicts the legal objectives, namely; does not make the law a deterrent effect and does not make punishment for corruption cases the ultimum remidium. 4. conclusion after the enactment of new rules for ex-corruption convicts to provide the opportunity to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 401 issn print 2086-6852 and issn online 2598-5892 run again as a candidate for regional head through constitutional court decision no. 56/puu-xvii/2019, placing the law as a political tool by the political elite themselves. the state does not seem to have learned from the past, by still giving political rights to ex-corruption convicts, not making it a lesson for the future and a deterrent effect for others, but providing legal facilities to ex-corruptor convicts. the 5-year time lag after the convict serves his sentence is a decision that is far from morality. the teachings of morality emphasize the compatibility between attitude and behavior. regional heads who are legally proven to have committed acts of corruption through court decisions are behaviorally former public officials who do not have the integrity to lead a region, but in their attitude they still want to run again as candidates for regional heads and this is given facilities by the state. limiting one's rights is not a violation of human rights, because the state has the right to limit the rights of its citizens in order to create harmony in the state between the people and the government. the constitutional court's decision should provide a total limitation of political rights, by no longer giving political rights to former corrupt convicts. the aim is to create a deterrent effect and the law to return to its dignity, namely as an ultimum remidium. references astomo, p. (2014). constitutional law theory and practice. yogyakarta: thafa media. ee, f. e., indra, m., & junaidi, j. (2016). comparison of termination of presidents in indonesia and the united states. riau university. fariz, d. (2020). restrictions on the rights of former corruption convicts to become regional head candidates. journal of the constitution, 17(2), 309. handayani, r. i., & darmianti, y. (2017). selection of suppliers of building materials using the analytical hierarchy process (ahp) method at pt. cipta nuance prima tangerang. techno nusa mandiri: journal of computing and information technology, 14(1), 1–8. khaerunnailla, w. o. f. (2018). the urgency of restricting the period of members of the house of representatives in an effort to prevent abuse of power. brawijaya university. manan, b. (2000). constitutional theory and politics. directorate general of higher education, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 402 issn print 2086-6852 and issn online 2598-5892 ministry of national education. mckie, k. (2019). presidential term limit convention: abolish, extend, fail, or respect? comparative political studies, 52(10), 1500–1534. nazriyah, r. (2015). arrangements for the implementation of simultaneous regional head elections. journal of law ius quia iustum, 22(1), 116–141. padli, h. (2021). arrangement of the presidential term of office is an effort to uphold the principles of constitutionalism in indonesia. kertha semaya: journal of legal studies, 9(10), 1796–1808. ruslinawati, n. w., & sudantra, i. k. (2016). the position of the village consultative body in the implementation of village administration according to law number 6 of 2014 concerning villages. journal of law, 1(1), 5. sinaga, p. (2018). regional head elections in the construction of the 1945 constitution of the republic of indonesia. binamulia hukum, 7(1), 17–25. soemantri, s. (2015). indonesian constitutional law (thoughts and views), pt. rosdakarya youth, bandung. yudhistira, e. (2020). restrictions on the president's term of office as an effort to avoid the occurrence of abuse of power. al-ishlah: scientific journal of law, 23(2), 132–154. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 291 issn print 2086-6852 and issn online 2598-5892 juridical review of transition of rights to the owner or seller ammar rosyadi 1* , mohammad roesli 2 , priambodo adi wibowo 3 faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: rosyadiammar54@gmail.com article history: received: july 27, 2022; accepted: agustus 10, 2022 abstract land is a gift from god almighty, therefore land is one of the supporting factors for livelihoods that are very important for the development of a just, prosperous, and prosperous society. for the sake of the progress of the nation, the indonesian government made regulations regarding land in indonesia, on september 24, 1960 a regulation regarding land in indonesia was promulgated namely the basic agrarian law (uupa) number 5 of 1960. one of the ways to achieve legal certainty and certainty of land rights is by registering land. the loga has regulated it in article 19 of the loga which was then implemented, among others, in government regulation no. 10/1961 on land registration (which was later declared no longer valid and replaced by government regulation no. 24/1997 on land registration. this type of research used the type of research method. qualitative, namely by using a problem approach through a statutory approach. the sources and data collection used in this study are normative. the analysis used in this research is descriptive analys is method. the purpose of this study is to determine the transition rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the underage owner or seller.the results of this study explain that in registering the sale and purchase of property rights that are jointly owned with minors carried out before ppat is to require a court determination because minors are not capable of acting in law with reference to the criminal code under the age of 21 years, unless they are married even though they are still under 21 years of age. in addition, the guardian's responsibility for managing the assets of minors, where the guardian acts the same as parents for minors when exercising the guardian's power, is a form of legal protection given to the assets of minors who are under the guardian's management in the form of supervision over the management. items from minors. the suggestion given by the researcher regarding the juridical review of the transfer of rights to the owner or seller of underage land is that there should be a more competent party in handling the task of supervising the responsibilities of the guardian, considering that the needs of children are currently growing and growing. apart from that, it is imperative that the implementation of protection for minors be further improved. keywords: juridical overview, transfer of rights, land owner or seller 1. introduction land is a gift from god almighty, therefore land is one of the supporting factors for a very important source of livelihood for the development of a just, prosperous, and prosperous society. the state of indonesia is referred to as an agrarian country, the word agrarian is used to describ e the structure of life and a better socio-economic position for the indonesian people as well as the indonesian economy (rachman et al., n.d.). for the sake of the progress of the nation, the indonesian government made regulations regarding land in indonesia, on september 24, 1960 a regulation concerning land in indonesia was promulgated namely the basic agrarian law (uupa) number 5 of 1960. kali has the basis for declaring the national agrarian law as the embodiment of pancasila and the 1945 constitution (nugraha & simamora, 2022). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 292 issn print 2086-6852 and issn online 2598-5892 after the enactment of the uupa, abolish the basics and regulations of colonial agrarian law since indonesia's independence are still in effect, what is meant by colonial law, namely: 1. customary agrarian law, namely the entire rule of agrarian law originating from customary lawland that is regulated according to customary law is called customary land, for example, customary land, yasan land, and other land rights. customary agrarian law applies to the bumiputera population. 2. western agrarian law, namely the overall rules of agrarian law originating in western civil law, especially the civil code. land that is subject to and governed by western civil law is called western land or european land. such lands include eigendom rights land, opstal rights land, erfpacht rights land and others. western agrarian law applies to groups of residents of europe and the foreign east. 3. inter-group agrarian law, namely, with the existence of western agrarian law and customary agrarian law, inter-group agrarian law arises, namely the branch of agrarian law that will resolve what law applies or what is the law if there is a legal relationship with the land of those with different statuses. population group. national agrarian law at the time of the proclamation of indonesian independence on august 17, 1945, indonesia became an independent country, but that independence was obtained through a physical revolution, so by itself at that time it was not ready with laws and regulations as a product of their country. on the other hand the state must not allow a legal vacuum. therefore, in accordance with article ii of the transitional rules of the 1945 constitution in the agrarian law, especially up to 1960, the old provisions were still enforced while making efforts to adapt them to the conditions and needs of an independent country (rachman et al., n.d.). these efforts, among others, were carried out with an interpretation that was in accordance with the circumstances, as it was known that the agrarian law in force at that time was still derived from the colonial agrarian law, it was known that the western land rights were registered with the land registration office. the juridical provisions governing land are contained in law number 5 of 1960 concerning basic agrarian regulations (uupa). which is the implementation of the provisions of article 33 paragraph (3) of the 1945 constitution which states that the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people (craig-taylor, 2000). land in a juridical sense is called rights, in this case land is part of the earth called the earth's surface. the land referred to here does not regulate the land in all its aspects, but only regulates one aspect (susilaningsih, 2018). land as part of the earth is stated in article 4 paragraph (1) of the loga, namely "on the basis of the right of control from the state as referred to in article http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 293 issn print 2086-6852 and issn online 2598-5892 2, it is determined that there are various types of rights on the surface of the earth called land, which can be given to and owned by people people either alone or together with other people and legal entities (jushendri, 2020). land rights in national land law are primary land rights and secondary land rights. 1. primary land rights, namely land rights that can be owned or controlled directly by a person or legal entity that has a long period of time and can be transferred to other people or their heirs such as property rights (hm), building use rights (hak guna bangunan or hgb). hgb). right to cultivate (hgu), right to use (hp). 2. secondary land rights, namely temporary land rights, such as lien rights, profit-sharing business rights, boarding rights, and rental rights on agricultural land human relations with land have always been closely related. the issue of land in human life has a very important meaning, therefore most of human life is very dependent on land. soil can be seen as something that has permanent properties and can be reserved for future life (harahap & syah, 2021). in achieving the ideals of the nation and the state, it is necessary to have a plan regarding various uses, so that land use can be carried out regularly so that it can bring the maximum benefit to the state and the people, this is stated in article 14 of the uupa which states: in article 2 paragraphs 2 and 3, article 9 paragraph 2 and article 10 paragraphs 1 and 2, the government makes a general plan regarding the supply, designation and use of earth, water and space as well as the natural resources contained therein (murdani, 1960). one of the ways to achieve legal certainty and certainty of land rights is to register land. the loga has regulated it in article 19 of the loga which is then implemented, among others, in government regulation number 10/1961 concerning land registration (which was later declared no longer valid and replaced by government regulation number 24/1997 concerning land registration. indonesia as a welfare state has an interest in regulating protection law against certificate holders of land and building rights with legal certainty, benefit and justice by responding to the needs and desires of land rights holders in the life of the nation's community in a transparent manner. management of the assets of minors can be done through representatives of parents or guardians of minors , either according to the law or based on a court decision (tri, 2018). in the event that legal action is needed on the assets of a minor, it can be carried out through a guardianship institution according to the law based on the authority of the parents. h determines that even if they do not meet the requirements, a person is considered competent and authorized to carry out certain legal actions. this ability to act and the authority to act according to the law is justified in the provisions of the law itself, namely "a child who is not yet an adult (not yet reached the age of 21 years) can carry out all legal actions if he is 20 years old and has received an adult http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 294 issn print 2086-6852 and issn online 2598-5892 statement given by the president, after hearing the advice of the supreme court (articles 419 and 420 of the civil code) (sihombing & lisdiyono, 2017). 2. research method this type of research uses a qualitative type of research method, namely by using a problem approach through a statutory approach. sources and data collection used in this study are normative. the analysis used in this study, researchers used descriptive analysis method. the purpose of this study is to determine the transfer of rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the owner or seller of underage. 3. results and discussion object of land rights sale and purchase transactions sale and purchase transactions are basically part of one kind of exchange agreement or the term "barter". in the exchange agreement, the object is goods for goods or money for money. whereas in buying and selling transactions, the object is goods at a price. therefore, in buying and selling transactions dealing with money (yustianti & roesli, 2018). if we look at article 1457 of the civil code, the term price cannot be interpreted other than legal tender, namely in the form of a sum of money. because if it is not so, of course there will be no buying and selling transactions. the object of the sale and purchase transaction of land rights is land rights. therefore, before making a sale and purchase transaction of land rights, it must be known in advance for certain, about the types of land rights that are the object of the sale and purchase transaction of land rights. in this case, land rights can be divided into 4 (four): 1. property rights (article 20 paragraph (2) of the basic agrarian law). 2. right to cultivate (article 28 paragraph (3) of the basic agrarian law). 3. building use rights (article 35 paragraph (3) of the basic agrarian law). 4. right of use (article 43 of the basic agrarian law). for land rights that already have land rights certificates, it can be known with certainty about the types of rights and at the same time it can also be known about its area and boundaries, as well as about its location, as has been stated in the letter of measurement or the picture of the situation. especially for land rights whose ownership is based on customary law and occurred before the issuance of the basic agrarian law and before the rights were known, then this matter can be known after confirmation of conversion from the local regency/city national land agency (kantoranan). meanwhile, the limits must be clearly explained by the seller to the buyer. with regard to the object of the sale and purchase transaction of land rights, is whether a plot of land on which there is a building or a plant. automatically also sold or not (lucas & warren, 2013). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 295 issn print 2086-6852 and issn online 2598-5892 according to the western civil code (kuhperdata), there is no known horizontal separation, but in the case of buying and selling land rights, it is usually assumed that an object that is stuck on a piece of land is an inseparable unit with the land. in this regard, it is necessary to note that the sale and purchase transaction of land rights can actually simultaneously sell and purchase the land, transfer the buildings or plants that are above it, if this is possible, or it may be the other way around that the buildings and plants may be left on the plot of land. or in the sense that the building is intentionally sold to the buyer. therefore, in the sale and purchase transaction of land rights, it must be considered whether the building or plant that is on it is also sold or not. if this is not stated explicitly and clearly, then the building or plant is also sold (budiartha, 2018). provisions on children capable of acting because of adults humans are recognized as bearers of rights and obligations, but the law may exclude humans as legal beings or the law may not recognize them as persons in the legal sense. if the law has determined so, then it is impossible for the human being to become the bearer of rights and obligations as legal subjects. in other words, that not all humans can become legal subjects, only humans who meet certain requirements can be accepted as legal subjects, namely humans with rights and obligations. so the center of legal attention is not the human being, but the person who deserves to be accepted as a legal subject. in proving the law of people in indonesia, it is determined based on the classification of their respective legal personal legal occupations, especially during the dutch east indies era, indonesia had very diverse laws that were adapted to the legal politics of the dutch government at that time. to be clearer in article 163 is and 131 is, the dutch east indies based on their origin and applicable law are divided into: european groups, which are included in this group are: a. all dutch people b. all other europeans c. all japanese d. all people who come from other places in their country are subject to family law which is basically based on the same principles as dutch law. the sons of the earth group, are all people who belong to the original indonesian people, who do not switch to other groups, and those who originally belonged to other groups who have allowed themselves to be with the original indonesian people. in the contents of article 131 is it is stated, then for the bumi putera group the applicable law is their respective customary law. but on the other hand article 131 paragraph (9) is gives the possibility for the bumiputera group individually to abolish the application of customary law for themselves by subjecting themselves to european civil law. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 296 issn print 2086-6852 and issn online 2598-5892 foreign eastern group, are all people who are not from the european group and not the bumi putra group. this group is divided into two: a. chinese foreign eastern groups, all civil law (kuh perdata) applies with some exceptions and additions. b. foreign easterners are not chinese, some of the civil law (kuh perdata) and customary law that apply in their country apply. included in this group are arabs, indians, pakistanis. from the provisions of articles 163 is and 131 is it is clear that civil law in the dutch east indies was very diverse which continued to run according to the times until after indonesia's independence. then the government issued a cabinet presidium instruction number 31/u/in/12/1966 which among other things instructed the minister of justice and civil registry offices throughout indonesia not to use the classifications of the indonesian population based on articles 131 and 163 is .law related to physical maturity in land law relies on the provisions of article 330 of the civil code which states: minors are those who have not reached the age of twenty-one years and have not been married before. if the marriage is dissolved before they are 21 years old, then they will not return to their minor status. those who are minors and not under parental control, are under guardianship on the basis and in the manner provided for in sections 3, 4, 5 and 6 of this chapter. from the above provisions, the limitation of a person's ability to carry out legal actions is related to physical maturity according to article 330 of the civil code, namely, minors are those who have not reached the age of 21 years and have not previously been married. this is understandable because it is not clear regarding the provisions of the adult age in law, especially customary law which can be used as the basis for its regulation. even so, the law also provides solutions to problems when minors must carry out legal actions themselves without having to use a representative or representative institution, namely by eliminating the condition of being immature for the child, provided that the child has reached the age of 20 years and his maturity has been determined. (handlichting) by the president based on the recommendation of the supreme court, as stated in article 419 and article 420 of the civil code (mcwhinney et al., n.d.). civil article 419 of the code states "with maturity, a child who is still a minor may be declared an adult, or he may be given certain adult rights. furthermore, in article 420 of the civil code: "maturation which makes people who are still minors become adults, is obtained with venia aetatis or adult statements, which are given by the government after considering the advice of the supreme court (call, n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 297 issn print 2086-6852 and issn online 2598-5892 according to j. satrio: none of the specific legal provisions generally and firmly stipulates the ability to carry out legal actions that are related to the element of juridical maturity and the element of biological age so that they are considered normally to have mature thinking and the ability to be fully aware of their actions and consequences. however, on the contrary, we can only see its purpose, namely to protect minors who do not deserve legal consequences (zook, 2007). then, according to s. chandra: customary law determines adulthood not in terms of the number of years passed, for example in terms of psychological stability of character or personality; in terms of management the ability to communicate and organize in their customs; from an economic point of view, namely being able to earn on their own, in total being able to be independent to marry, for example the custom in mandailing says "stop being a child of the house", in minangkabau "ketek banamo gadang bagala" (as a child is given a name, when an adult is given a title). today's provisions can also be seen from islamic law. according to islamic law, adulthood is not determined by age limit, but by physical and mental development, both biologically and psychologically, that is, when a man or woman has seen and felt in her a sign of puberty and reasoning, provided that from then on she must be responsible for all his actions. according to article 47 paragraph (1) of law number 30 of 2004 concerning the position of a notary, it is stipulates that children who have not reached the age of 18 (eighteen) years or have never been married are under the authority of their parents as long as they are not revoked from their power. furthermore, article 210 of the compilation of islamic law (khi) also stipulates that a person who is at least 21 years of age, has good sense without coercion, can donate at most 1/3 of his property to another person or institution in front of two witnesses (masriani, n.d.). the difference in the provisions for being able to act because of adulthood, both from the civil code and customary law as well as from islamic law in the description above, shows that there are differences in assumptions about the physical and or mental ability of humans to carry out certain legal actions that are measured biologically or psychologically, so that they are considered capable of carrying special rights and obligations for certain legal actions, for example in buying and selling land with joint ownership of minors. thus, in law number 30 of 2004 concerning the position of a notary, the current age provision is different from the provisions of the civil code as stated in article 39 article 39 paragraph (1) letter a of the law, it is expressly stated that the appearer must meet the requirements of being at least 18 years old. eighteen) years or have been married (rofii, 2014). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 298 issn print 2086-6852 and issn online 2598-5892 skills of minors as subjects of land in the sale and purchase of land the subject of land rights is an individual or legal entity that can obtain a land right, so that his/her name can be included in the land book as the holder of a certificate of land rights. legal subjects (subject van een recht) are individuals (natuurlijke persoon) or legal entities rechts persoon who have rights, have the will, and can perform legal actions. this opinion is related to the contents of the uupa, the legal subject of land rights is a person or legal entity that can have a right to land and can take legal actions to take advantage of the land. however, according to satjipto rahardjo: even though humans are recognized as bearers of rights and obligations, the law can exclude humans as legal beings or the law may not recognize them as people in the legal sense. if the law has determined so, then it is impossible for the human being to become the bearer of rights and obligations as legal subjects. so, an individual as the subject of land rights, does not lose the right to obtain a land right. however, to take legal action, for example to transfer the land, not everyone can do it, because of the limited ability to act for the law of the subject of the right. the ability to act in law (rechtsbekwaam heid) is a person's ability to make an agreement, so that the engagement he has made becomes valid according to law, as stated in article 1320, article 1330, and 1451 of the civil code, as follows: 1320 of the civil code: articleto be valid, four conditions must be met: 1. the agreement of those who bind themselves; 2. the ability to make an engagement; 3. a certain subject matter; 4. a cause that is not forbidden. article 1330 of the civil code: those who are not qualified to make an agreement are: 1. minors; 2. people who are put under custody; 3. women who have been married in matters determined by law, and in general all those who are prohibited by law from making certain agreements. article 1451 of the civil code: the declaration of the cancellation of the engagements based on the incompetence of the persons referred to in article 1330, results in the recovery of the goods and the person concerned in the same condition as before the engagement was made, with the understanding that everything that has been given or paid to the person who is not the authorized person, as a result of the agreement, can only be reclaimed, if the goods concerned are still in the hands of the person who is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 299 issn print 2086-6852 and issn online 2598-5892 not authorized, or if it turns out that this person has benefited from what has been given or paid for, or if what was enjoyed has been used. for his sake. the consequence in the field of land registration is that every legal act of ownership of land rights carried out by parties who are not capable of acting under the law such as children who are not yet mature or have never been married or people who are placed under guardianship can be canceled by law. this is in accordance with article 1446 and article 1454 of the civil code, as follows: article 1446 of the civil code: all engagements made by minors or persons who are under guardianship are null and void by law, and upon the demands submitted by or on their part, must be declared null and void, solely on the grounds of his immaturity or aptitude. engagements made by married women and by minors who have been equated with adults, are not null and void, as long as the engagement does not exceed the limits of their power. article 1454 of the civil code: if a claim for a declaration of the cancellation of an engagement is not limited by a provision of a special law regarding a shorter period of time, then that time is five years. the time comes into force: in the case of immaturity, from the day of maturity; in the case of pardon, since the day of revocation of pardon; in the case of coercion, from the day the coercion ceases; in the case of deception or fraud, from the day the deception or fraud was discovered; in the case of an act of a married woman which is carried out without the husband's power, since the day the marriage is dissolved; in the event that the cancellation of an engagement is included in article 1341, from the day it is known that the awareness necessary for coincidence exists. the time mentioned above, which is the time specified for filing a claim, does not apply to an objection filed as a defense or objection, which can always be raised. thus, from the description above regarding the subject of land rights, the law can determine humans to be incapable of carrying out certain legal actions, due to differences in the law's assessment of the physical and or mental development of humans in certain legal acts, one of which is because they are still under age. therefore, minors are subject to rights in the control of people or guardians. according to subekti: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 300 issn print 2086-6852 and issn online 2598-5892 a child who is legal until he reaches adulthood or marries, is under the control of his parents (ouderlijke macht) as long as both parents are bound in a marital relationship. thus, the power of the parents comes into effect from the birth of the child or from the day of ratification and ends when the child becomes an adult or marries, or when the marriage of his parents is abolished. there is also a possibility that the judge has revoked the power (ontzet) or the parent was released (on seven) and that power is due to a reason. the power is shared by both parents, but is usually exercised by the father. only when the father is unable to do so, for example, is seriously ill, has memory problems, is traveling with no stipulations regarding his fate, or is under the supervision (curatele) of his wife's authority. the power of parents, especially contains the obligation to educate and care for their children. maintenance includes the provision of livelihood, clothing and housing. furthermore, subekti stated: the power of parents does not only cover the child's self, but also includes the object or property of the child. if the child has his own wealth, this wealth is managed by the person who makes his own wealth, this wealth is managed by the person who exercises the parent's power. it is only in this case that there are restrictions by law, namely regarding immovable objects, securities (effecten) and billing documents which may not be sold before obtaining permission from the judge. the provisions regarding minors still have conflicts within the limits of the minors, because according to the civil code, minors are children under the age of 21 years, while according to article 48 of law number 1 of 1974 it is 18 years. also what is stipulated in article 39 of law number 30 of 2004 concerning notary positions (uujn) it is determined that minors are children who have not reached the age of 18 years. this age provision, both according to the civil code, the marriage law and the uujn, is excluded for those who are already married. this means that a child who is married is already capable of maturity to act in the law. as previously explained where according to the civil code that minors, namely children who are not yet 21 years old, the management of the assets of these minors can be carried out through representatives of parents or guardians of minors, either according to law or based on stipulations. court. in the event that legal action is needed on the assets of a minor, it can be carried out through a representative institution according to law based on parental authority or guardianship determined by the court to one and both parents or guardianship according to law by another party. however, the power of representative or guardianship may not be used to transfer, transfer, or charge the assets of a minor, except in the case where the interests of the child so desire. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 301 issn print 2086-6852 and issn online 2598-5892 article 307 of the civil code stipulates: a person who exercises parental power over a child who is still a minor, in terms of taking care of the goods belonging to the child, without prejudice to the provisions of article 237 and the last paragraph of article 319e. this provision does not apply to goods that are donated or bequeathed to children, either by deed between those who are both still alive and by will, provided that the management of the goods will be carried out by one or more appointed administrators. for it is beyond the person exercising parental power. if the management so regulated, for whatever reason, if it is deleted, then the assets, including the management, will be transferred to the person exercising parental authority. even though there is the appointment of special administrators as above, people who exercise parental authority have the right to ask for calculations and accountability from these people as long as their child is not yet an adult. article 237 of the civil code stipulates: before requesting a separate table and bed, the husband and wife are obliged to stipulate with an authentic deed all the requirements for that, both concerning themselves and regarding the exercise of parental powers and the maintenance and education of their children. the actions that they have planned to carry out during court examinations are put forward to be confirmed by the district court, and if necessary, to be regulated by it. then 319e of the civil code is determined: if children who are handed over to parental authority or guardianship of several people, have joint ownership rights to the goods, the district court may appoint one of them or another person to take care of the goods, with guarantee determined by the district court, until the separation and division is carried out according to chapter xvii of the second book. from the provisions of the civil code above, it can be seen that legal action against minors can be carried out by their parents or guardians. where the power to manage the joint property of the minor must be carried out with guarantees determined by the district court. furthermore, in addition to the civil code, the power of representatives or guardianship in managing the joint assets of minors has also been regulated in article 45 to article 54 of law no. 1 of 1974 concerning marriage. article 45 of law no.1 of 1974 stipulates that both parents are obliged to maintain and educate their children as well as possible. this parental obligation applies until the child marries or can stand alone, which obligation continues even though the marriage between the two parents is broken. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 302 issn print 2086-6852 and issn online 2598-5892 the above provisions expressly state that minors are in the control of their parents unless the minor is married. the provisions for minors referred to can be seen from the provisions of article 47 of law no.1 of 1974, namely children who have not reached the age of 18 (eighteen) years or have never married, are under the control of their parents as long as they are not revoked from their power. parents represent the child regarding all legal actions inside and outside the court. although the parents represent the minor in and out of court, according to article 48 of law no. 1 of 1974, parents are not allowed to transfer the rights or pawn the permanent goods owned by the minor unless the interests of the child so desire. thus, both in the civil code and in law no. 1 of 1974 the joint property of minors is in the control of the parents, but parents cannot transfer or take legal action on the assets of minors such as ownership of joint property rights. the minor unless the interests of the child require. it's just that the difference between the two provisions is that the civil code explicitly states that the transfer or legal action on the property of a minor must be subject to a court order for those who are subject to the civil code, but in law no. court ruling. however, the provisions of law no. 1 of 1974 do not mean reducing the authority of court permits (court decisions) which are applied to those who are subject to the civil code, it's just that this matter of court permission has never been explicitly stated in law no. 1 of 1974. according to m. yahya harahap, that the guardian by law automatically becomes the power to act to represent the interests of children who are under guardianship in accordance with the provisions of article 51 of law no. 1 of 1974. then based on article 45 paragraph (2) of law no. 1 of 1974 parents are automatically domiciled and have the capacity as guardians of children until they are adults. therefore, parents are the power to represent the interests of children who are not yet mature to third parties or before the court without requiring a special power of attorney from the child. 4. conclusion in registering the sale and purchase of property rights that are jointly owned with minors, which is carried out before ppat, it is necessary to have a court decision. because minors are not capable of acting in law with reference to the provisions of the civil code under the age of 21 years, unless they are married even though they are under 21 years of age. the responsibility of the guardian for the management of the property of a minor, where the guardian acts the same as a parent for a minor when exercising the power of the guardian, a form of legal protection given to the property of a minor under the management of the guardian in the form of supervision over the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 303 issn print 2086-6852 and issn online 2598-5892 management of the property. -goods from children who haven't mature. at the beginning of the establishment of a trust, it is necessary to take care of all the assets of the minor, and the guardian is required to document all changes to the assets. the property must be audited annually to determine the value of the assets of the child under guardianship, and to ensure that the property is maintained. in addition, the guardian is prohibited from selling, transferring or mortgaging the assets of the child of the trust, except in an emergency. the guardian is also prohibited from binding, encumbering or dividing the property unless such action will increase or increase the value of the property, if in the case the guardian is forced to sell the property of the child of the guardianship, a guardian must first obtain permission from the local court. references budiartha, n. p. (2018). restriction and incentives of investment in indonesia: considering the provisions of basic agrarian law and capital market law. call, c. t. (n.d.). post-war peacebuilding sis-419/619-014 spring 2010, wednesdays, 5: 30-8 pm room: ward 204. craig-taylor, p. (2000). through a colored looking glass: a view of judicial partition, family land loss, and rule setting. wash. ulq, 78, 737. harahap, h. h., & syah, d. (2021). juridical review of building rights extension on management rights. international journal of law reconstruction, 5(1), 116–125. jushendri, j. (2020). juridical review of using criminal law in settlement of land disputes based on government regulation number 24 year 1997 on land registration. journal of world conference (jwc), 2(3), 120–127. lucas, a., & warren, c. (2013). land for the people: the state and agrarian conflict in indonesia. ohio university press. masriani, y. t. (n.d.). granting of will for adopted child based on islamic law. mcwhinney, e., ross, d., tunkin, g., vereshchetin, v., ginsburgs, g., giuliano, m., scovazzi, t., treves, t., & glassner, m. i. (n.d.). differ from other people in their powers and status. lee’s view that colons were treated in much the same way as slaves has recently been reflected in géza alföldy’s book the social history of rome (1988), p. 256. the presentation of the book is excellent. the only french reproduced in the text, however, is defective (p. 419): french civil code, article 1382). it should read"... le réparer" and" par son fait". on p. 189 the emperor is antoninus pius. coexistence, 162, 50. murdani, e. (1960). juridical studies on the rights of land in indonesia. nugraha, t., & simamora, g. (2022). legal aspects of execution of dependent rights against auction buyers in indonesia. international asia of law and money laundering (iaml), 1(1), 64–68. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 304 issn print 2086-6852 and issn online 2598-5892 rachman, r., ardiansyah, e., karimuddin, a., mangapatila, m., armin, k., hartanto, h., jubair, j., & datupalinge, s. (n.d.). acquisition of land rights certificate due to transition (buying and selling) in realizing legal certainty in palu city. tadulako law review, 6(1a october), 15–24. rofii, a. (2014). whither islamic legal reasoning? the law and judicial reasoning of the religious courts. journal of indonesian islam, 8(2), 235–262. sihombing, b. f., & lisdiyono, e. (2017). agrarian reform in indonesia: a juridical review. international journal of civil engineering, 8. susilaningsih, t. (2018). juridical studies on the communal rights of land according to agrarian law in indonesia. jl pol’y & globalization, 71, 167. tri, s. (2018). juridical review of recognition problems on customary or communal land in indonesia. saudi journal of humanities and social sciences, 2, 255–260. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. zook, m. (2007). your urgent assistance is requested: the intersection of 419 spam and new networks of imagination. ethics place and environment, 10(1), 65–88. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 233 issn print 2086-6852 and issn online 2598-5892 prosecution of traffic violators according to law number 22 year 2009 moch. mufied al'an, m. hidayat faculty of law, merdeka university surabaya e-mail: mochalan54@gmail.com article history: received: july 22, 2022; accepted: agustus 27, 2022 abstract the 1945 constitution of the republic of indonesia has mandated in article 1 paragraph (3) that our country is a state of law, so let it be law as its commander, especially in an era of democracy that craves law as its main pillar. the purpose of this study is to provide action to traffic offenders. the research method used is normative juridical law research, which is research based on literature study which includes primary legal materials, secondary legal materials and tertiary legal materials. the results of the research on the value of our legal awareness penetrate into the conscience and become the needs of every individual, of course in order to anticipate the low value of legal awareness, the government through institutions in charge of law must proactively improve the legal education system for citizens (department of justice through the pos komalu program, state police). republic of indonesia through awareness programs for security and public order and others), it is hoped that the value of legal awareness of citizens will increase so that they know and understand that if there are legal problems that befall them, they can exercise their rights before the law, especially regarding the issue of law no. 22 of 2009 concerning road traffic and transportation. keywords: violation, traffic, uud, prosecution. 1. introduction the 1945 constitution of the republic of indonesia has mandated in article 1 paragraph (3) that our country is a state of law, so let the law be its commander, especially in an era of democracy that craves law as its main pillar (myranika, n.d.). however, phenomena in people's lives assume that the law has not been able to position itself as commander in chief. this is identified from the many anomalies in the application of law within the law enforcement apparatus, starting from the police as investigators, prosecutors as prosecutors, judges as adjudicators and correctional institutions as a place for fostering inmates (wahyuningsih & iksan, 2019). the question arises why did that happen? because many people now know let alone understand the law, so they do not know that everyone has the same rights and obligations before the law. who is at fault? the government in this case the law enforcement institutions, the community or the system? what is clear is that the general public in general do not understand the law, so that if it is a case, the status of a victim, witness or suspect is up to the investigator and prosecutor. why is there public apathy towards the law, so that it is reluctant to equip oneself, in every bookstore there are quite a lot of references about law, but some of them are consumption from students, the community and others, but about legal issues in everyday life are not yet available, even though the community really needs it (prasetyono, 2022). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 234 issn print 2086-6852 and issn online 2598-5892 thus, has the value of our legal awareness penetrated into the conscience and become a need of every individual, of course, in order to anticipate the low value of legal awareness, the government through institutions in charge of law must proactively improve the legal education system for citizens (the justice department through the pos komalu program, the police the republic of indonesia through awareness programs for security and public order and others), it is hoped that the value of legal awareness of citizens will increase so that they know and understand that if there are legal problems that befall them, they can exercise their rights before the law, especially regarding matters of law (rusdiana et al., 2018). no. 22 of 2009 concerning road traffic and transportation which is the discussion in this thesis. newspapers and television news are still current: minister of state-owned enterprises dahlan iskan together with electricians during the tucuxi electric car accident in magetan, east java, saturday 5/1. dahlan admitted that he deliberately crashed the car into a cliff, then hit a power pole and hit the isuzu panther because the brakes failed when going down the hill, i took the initiative to crash the car into a cliff because the car was getting faster (moving) said dahlan. dahlan suspects that the accident occurred because he used the brakes too often when the road was going downhill, it could also be because the car uses the brakes as usual, this is an electric car without an engine, said dahlan. he made sure his partner was in good condition, as well as the passengers in the panther car. dahlan admitted that he would not give up and would continue the tucuxi electric car, which means this dolphin, this is just the beginning, dahlan said (handono & istinah, 2021). during the journey from solo to magetan, the electric car driven by dahlan iskan was not under any control, until finally arriving at the tawangunanan area which has elements of ups and downs, the road that is passed is relatively good with smooth asphalt conditions. but after making it through the incline and down the derivative the car went quite fast. the tucuxi electric car, which was undergoing a long-distance road test from solo to surabaya, had an accident in ngerong village, magetan, east java today. magetan police chief akbp agus santosa said the bumn minister was safe. the east java police traffic directorate and the surabaya police forensic laboratory are still investigating the car accident, which was driven by soe minister dahlan iskan. the accident involved state officials or vips, so the ditlantas polda and the forbidden laboratory will intervene, said magetan resort police chief, akbp agus santosa, told reporters. after the accident, the tucuxi electric car was secured at the magetan resort police headquarters. according to him, the police had requested information from dahlan after his car hit a cliff and an http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 235 issn print 2086-6852 and issn online 2598-5892 electric pole and then hit the driver of a toyota kijang car, the police also asked for information from the owner of the toyota car and several witnesses (roesli et al., 2017). satlantas magetan has also asked for information from witness marsono, a resident of biliton street, magetan city, to better understand the incident, he said he was examined as a witness because he was with his family at the location. based on the information gathered, the police suspect that the accident occurred because the car's brakes did not work. police investigators immediately questioned the soe minister regarding a traffic accident in plaosan magetan, east java, saturday, january 5. so far, the police have examined 9 witnesses. at the time of the incident, the minister immediately carried out state duties. hopefully, his friends in east java can conduct an investigation as soon as possible, said the head of the bpu at the national police headquarters, police commissioner agus rianto, jakarta today. agus said the parties who had been questioned included the driver and passenger of the panther car who was involved in the accident, and dahlan iskan's staff. in addition, an employee who produces the car has also been examined, while the others are still directly involved, others will follow. agus assessed that dahlan may have violated article 48 and article 49 of law no. 22 of 2009 concerning road traffic and transportation (yuliantoro & sulchan, 2021). however, he refused to mention the threats from those articles, the police will process the matter later which will state the judge's sanctions. is it a minor, moderate or severe accident. mild if material losses, moderate injuries, and severe if serious injuries to death (seibert-fohr, 2009). such as the traffic case as experienced by dahlan iskan, namely running the speed of vehicles inside the city or outside the city that exceeds the current speed and is allowed by regulations, stopping or parking vehicles in places prohibited by regulations, transporting passengers outside the terminals determined by the regulations. regulations, overtaking other vehicles without any need, not providing sufficient opportunity and space for other vehicles requesting to overtake, not explaining the lights which are far enough out of sight, from several other things it is a traffic law order and traffic manners traffic that can only apply solely depending on the human factor that plays a role in the vehicle with the position as the driver. the role of the driver in the field of traffic law and traffic manners has a tendency to have a high probability of accidents that violate traffic by causing property and human losses (basuki & ma’ruf, 2019). when it comes to this issue, a legal expert who is familiar with the application of the law in a philosophical, juridical, sociological manner must first turn to an approach through social legal engineering in the field of road traffic to all levels of society, by introducing them to what is called the traffic system. , traffic education, traffic engineering and traffic law enforcement, as part of the awareness of social life. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 236 issn print 2086-6852 and issn online 2598-5892 although the government has tried to realize the goal of road transportation, namely to realize road traffic and transportation safely, safely, quickly, smoothly, orderly and regularly, comfortably and efficiently, being able to reach all corners of the mainland, by building various infrastructure facilities on the road including the following: traffic light (wilson, 2009). according to the provisions, if the red traffic light is on, it means the vehicle must stop. however, the reality in the field is that if there are no officers to supervise, road users tend not to stop and violate traffic signs (rustam et al., 2022). as a result of bad habits committed by road users above can lead to accidents. what is done by road users who tend to violate traffic signs is very detrimental to themselves and others, because the losses incurred are not only material losses but even in the form of loss of life, namely death. in addition to harming people around the crime scene because of the congestion it causes (prasetyono, 2022). 2. research method this research method is normative juridical law research, which is research based on literature study which includes primary legal materials, secondary legal materials and tertiary legal materials. primary legal materials consist of binding legal materials. secondary legal materials consist of documents or legal materials that provide explanations for primary legal materials. tertiary legal materials consist of materials that provide instructions and explanations of primary and secondary legal materials. the research method used consists of various methods and activities carried out in order to collect the necessary data and materials. there are two approaches to the problem used, namely the statute approach and the conceptual approach. the statute approach is an approach that is carried out by identifying and discussing the applicable laws and regulations, which are related to the issues discussed. 3. results and discussion the examination process against traffic violators 1. first action at the place of case (tktkp) in the provisions of article 108 of the criminal procedure code, it is stated that everyone without exception has the same legal obligations, in terms of experiencing, seeing, witnessing or being a victim of an incident. which is a criminal offence (mondschein & taylor, 2017). 1. if an individual has the right to report/complain to the investigator/police investigator. 2. if an individual whose status is as a state employee who is carrying out his duties is obliged to report to the investigator/police investigator. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 237 issn print 2086-6852 and issn online 2598-5892 so basically everyone (personal) without exception means that their personality is very individualistic, some are brave, some are afraid to take risks, some are apathetic. therefore the law does not oblige, so you can not do it but as a good citizen you have to be brave because the police will guarantee the confidentiality of the reporter and secure the whistleblower, while what is meant by every state employee in this case is the one who carries out order, peace and security of an organization. legal institutions are required to comply with the regulation of the national police chief no. 24 of 2007 article 6 they are given a role as enforcer of laws and regulations in their work environment/place. article 111 of the criminal procedure code, every person in terms of determining a crime is caught red-handed: 1. if an individual (private) has the authority to arrest a suspect, both with evidence and without evidence. 2. if an individual carries out duties in the field of order, peace and security, he has the obligation to arrest the suspect, both with evidence and without evidence. what is meant by being caught red-handed is a crime in which he is found to be carrying out an activity, when it is found that evidence is found or he is misguided, he is shouted at by the general public. as well as the legal obligations of individuals (private when they complain/report when they know of a crime they only have the authority, so it's okay not to do everything, it's very situational depending on the person, but is expected to actively participate (clausen & aspinall, 2021). as for individuals who have a profession in the field of order , peace and security, especially those who work as security guards are obligatory, even given the authority to take limited police action. in every criminal act process in general there must be at least three statuses, namely as a reporter, as a witness and as a suspect where the position before the law is not the same: a. the reporter can be played by a victim witness, namely a person who is a victim of a criminal act, it can be someone who knows about a criminal act or someone who because of their position reports a criminal act, as a reporter they get legal protection, especially if yes. ng reported cases of accidents and others, which in the criminal procedure code article 108 has been mandated. b. a witness can be played by a victim of a crime, a person who witnessed it with their own eyes, a person who hears from an expert witness (a statement from an expert related to a crime, such as a counterfeit money expert, forensic expert and others). especially for witnesses related to criminal acts, they can change their status as suspects at any time, if http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 238 issn print 2086-6852 and issn online 2598-5892 based on the results of the development of the investigation it is indicated that there is a direct connection with the case being investigated. c. a suspect, a person who is indicated by the reporter and/or witness as a perpetrator of a criminal act, at least someone can be designated as a suspect if: there is a reporter who is also a victim. there are at least two pieces of evidence. not necessarily every suspect in a litigation must be detained, the provisions meet objective elements (violating articles that carry a penalty of more than 5 years and or those stipulated in article 21 paragraph 4 letter b outside of these articles the suspect does not need to be detained. a.violation traffic traffic violations with various consequences that can be caused (accidents, congestion) in terms of quality and quantity tend to increase every year along with the increase in traffic life in general. if a classification is made of road traffic violations that occur, they can be separated into : 1) moving traffic violation, for example speed violation. 2) traffic stop violations, for example violations of parking prohibition signs. 3) other traffic violations, for example not having a driver's license to drive a motorized vehicle on the road. the three groups, the gradation will be determined by the consequences, including: 1) causes traffic accidents. 2) cause traffic jams. 3) cause damage to infrastructure and road facilities. 4) resulting in disorder and disorder. 5) generating pollution related to environmental health. 6) relating to crime. of the number of violations that were dealt with the most prominent were: 1) violation of completeness of letters 37% 2) violation of signs 29% 3) violation of vehicle equipment 21% 4) other violations 13% it is something that worries us all when the situation of past violations traffic is increasing and growing steadily every year. because in addition to this, it will certainly be able to disrupt the safety and security of road users, it can also reduce the image of the nation's cultural discipline in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 239 issn print 2086-6852 and issn online 2598-5892 the eyes of the international community, with the enactment of law no. 22 of 2009 concerning road traffic and transportation. the government's efforts to tackle traffic violations, both in the form of counseling and guidance as well as law enforcement for those who violate, have been implemented. these efforts are also directed as a tangible manifestation of realizing one of the noble goals and ideals of the nation, namely to protect the entire nation and the entire homeland of indonesia. all corners of the country, with rules/sanctions that can touch all aspects related to safety, order, speed, efficiency and comfort in traffic into a law product, namely the traffic and road transportation law no. 22 of 2009. process of enforcement against traffic violators what is meant by traffic violations are deviations from the applicable traffic laws, for those who violate are subject to criminal sanctions and the process of filing a case uses a quick examination procedure in accordance with article 205 of the criminal procedure code, for make it easier for the sake of effectiveness and efficiency of the agreement between agencies (makehjapol) model report in the form of evidence of certain traffic violations (tickets). when law, the officer in carrying out vehicle inspections can be in 2 ways, namely: llaj theft of motorized vehicles, the number of traffic violations, drug trafficking, terrorism, etc.), if necessary, the implementation must be led by a first officer or senior non-commissioned officer. incidental inspection, inspection carried out at any time with the aim of supervising road users, the form of its activities through supervision at guard posts and/or traffic patrols (hunting system), its implementation does not always have to be in a unitary bond, but can be done individually, because each police officer is attached to a description, meaning that he can act alone without the approval of the leader according to his own judgment. the inspection/action process for traffic violators, all certain traffic violations, the types of violations that are visually easy to prove are 27. for violators who are caught red-handed and admit their guilt, they are fined by making a note about the identity of the violator, a brief description of the violation, then affix a signature and be willing to be present on the trial day that has been determined, usually within 2 weeks of being ticketed. for someone who is on the way, they are given the convenience of being able to not attend the trial (verstek), but must deposit the candidate's money for the maximum fine listed for each article that is violated. if it turns out that the verdict is lower than the money deposited by the officer (registrar) the officer is obliged to notify the violator if within 1 year the violator does not take the remaining deposited fine money is submitted to the state treasury. there are 2 functions of the pink ticket form for violators: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 240 issn print 2086-6852 and issn online 2598-5892 1. as a confiscation of stnk/stck and/or sim that can be used as a substitute. 2. as a sign of a call to attend the trial. it is hoped that the driver who when driving only uses the ticket form as a substitute (sim/stnk) not to commit another violation because the penalty will be doubled. the confiscated vehicles used by the violators can be described as follows: 1. vehicle confiscation and or vehicle confiscation is the authority of the indonesian state police, but in carrying out police confiscations it is not necessarily based on the following considerations: vehicles not equipped with stnk are suspected to be the proceeds of crime. drivers who do not have a driver's license are feared not to be able to drive a motorized vehicle. allegedly related to traffic and road transportation crimes (accidents victims are seriously injured/died). 2. subjective reasons are based on the presence of confiscated goods safekeeping houses, certain vehicles (luxury and/or public transportation vehicles) can be confiscated at the place concerned. 3. the confiscation of a vehicle that has not been taken for more than 6 months by the owner must be announced through mass media at least twice a year. if within 1 year there is no owner, the police can submit an auction to the court to obtain a determination that the results will be submitted to the state through the state treasury. legal basis 1) law no. 8 of 1981 concerning the criminal code. 2) law no. 22 of 2009 concerning road traffic and transportation and its implementing regulations. 3) law no. 2 of 2002 concerning the indonesian national police. 4) decree of the national police chief no. pol : skep/443-445/iv/1998 dated 17 april 2002 regarding technical instructions for ticket blanks. to provide convenience and breadth for violators. when a traffic violation occurs, the interaction between officers and customers at the scene creates three alternatives: 1. understands and accepts the officer's suspicion and is willing to represent after receiving the officer's explanation, and then signs the ticket form, in this case the violator receives a blue ticket. to be used as a cover letter for depositors of money deposited at the bank, while the vehicle or vehicle documents are deposited with the officer as collateral. after depositing the deposited money with evidence of the signature of the bank officer and the bank stamp on the blue sheet of the ticket, the violator can take back the deposited goods which are guaranteed to the officer, either at the scene or at the local traffic unit office, by showing the blue ticket. in the event that the bank office is closed due to outside office hours, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 241 issn print 2086-6852 and issn online 2598-5892 holidays/holidays, and so on, the violator may deposit the deposit money at the local traffic unit office to a designated officer. thus, violators can continue their journey without having to struggle, make sacrifices to wait and attend the trial because they have represented someone appointed by an officer who is not a national police or abri civil servant). 3. the violator understands and accepts the officer's suspicion, but states that he or she is willing to attend the trial, according to the alternative in number 1 above, the violator is also given a red ticket (in addition to the blue color) to be used to participate in the trial whose time has been determined on the ticket sheet. the. thus, violators can have full discretion to attend court or not. 4. the violator refuses what the officers suspect. in this case, the violator is only given a red ticket and signed by the officer (because of refusal), then the violator is obliged to submit documents (sim/stnk) or his vehicle to be confiscated as evidence and attend the court hearing for the ticket. thus, violators have the flexibility in addition to attending court hearings, but also denying the suspicions of officers in the field. 1) to avoid negative prejudices against the violators against officers: a. early on, or at the time of being prosecuted for violating, the violator has been able to know about the possible amount of fines that will be imposed on him. thus the prejudice/anxiety of violators over high fines will be bridged by the existence of a table of violations and the amount of money deposited. b. b. the amount of money deposited written on the form of the ticket, the amount as stated, is deposited by the violator at the bank office. thus, there is no negative prejudice against officers regarding the direction of the deposited money. 2) in order to avoid the possibility of brokering in the trial court, ticketing: a. the trend of the development of traffic violations every year tends to increase along with the tendency of the perpetrators to be reluctant/not to attend the trial, this situation makes certain people act as brokers which basically only harms the violators because, among other things, there are extra fees that must be paid. by the violator to the broker. b. having representatives prepared and paid by the government to represent violators at trial, in addition to providing convenience for violators in their onward journey, will also stem the emergence of brokers in the court of fines. organized settlement of certain road traffic violation cases in a short time, low cost and simple, by: a. it is possible for the violator to continue the journey after depositing the money in the bank. b. there are representatives prepared for violators in court. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 242 issn print 2086-6852 and issn online 2598-5892 to prevent a direct relationship between the customer and the officer, especially in the case settlement process, after the violator has deposited the deposit and taken the collateral, the violator can continue his journey because during the trial he has appointed a representative to represent him, so that in the case settlement process, the violator is no longer in contact with the officer. . to avoid abuse and misappropriation of officers, especially officers in the field by: a. there is a table of violations and the amount of money deposited as a fine. b. the existence of firm operational support for officers in the form of intensive grants obtained from the results of ticket fines. 3. traffic accident investigation as the definition of an accident, it is an event on the road that is unexpected and unintentional involving a vehicle or without other road users resulting in human casualties and/or property loss. so the main element is negligence, so if there is an accident after being investigated, it is revealed that there was an element of intent, the problem is no longer a traffic accident but a planned murder with the motive of a traffic accident (it often happens). a. the rights of the driver of a vehicle involved in a traffic accident: if you see a victim seriously injured and/or dead, they can leave the scene but immediately report to the nearest police station. if the result is only loss, only damage to vehicles and/or goods can be resolved outside the court through an agreement. for drivers who die, if the vehicle is equipped with documents, get compensation from pt. (persero) raharja services for both the dead and the injured. b. obligations of the driver of the vehicle involved in the incident traffic accident stop the vehicle. provide assistance to victims. report to the state police of the republic of indonesia and provide information related to the accident. if there is a concern for his/her safety, the driver may (have the right) to leave the scene of the incident but immediately report to the nearest state police of the republic of indonesia. c. the driver's obligation to the victim of a traffic accident while in the process the driver, the owner of the company is obliged to provide assistance to the victim, if the victim dies through the heirs to give mourning money for funeral costs, if the victim is injured and hospitalized to provide medical expenses assistance, it is necessary to understand that the rock is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 243 issn print 2086-6852 and issn online 2598-5892 not a peace money that is expected to abort the case, but is only a form of participation in the form of humanity. associated with the authority of investigators of the state police of the republic of indonesia, it is not a right but only an authority to be able to detain a suspect. taking into account that traffic accidents are unpredictable events, and the perpetrators are not criminals, investigators in treating drivers are accompanied by considerations, among : othersevidence, and repeat his actions, investigators do not need to detain. if for reasons of safety they still have to be detained, their implementation should not be combined with criminal prisoners, then they have the right to apply for a suspension of detention either through a lawyer or close relatives (husband/wife, children, etc.), this is natural and not contrary to the principle of equal rights before the law, but instead enforces the principle of legal protection from the practice of torture. 2. confiscation, every vehicle involved in a traffic accident, any evidence at trial must be confiscated, which is a problem for the police of the republic of indonesia until now there is no house for storing confiscated goods, so the safety of evidence, especially luxury vehicles, is doubted by vehicle owners. although it is the investigator's obligation to confiscate vehicles involved in accidents, they must pay attention to the safety aspect, if in doubt because the vehicles involved are classified as luxurious, the implementation can be confiscated at the vehicle owner's house, if the confiscated bus can be prosecuted for civil aspects if the bus is confiscated for a long period of time. in accordance with law no. 2 of 2002 concerning the police, the task of the national police is to act as a tool of the state for law enforcement, especially maintaining security and order, which includes preventive measures before taking action against violators if necessary. the implementation of the traffic police function in the form of traffic law enforcement activities, public education about traffic, applicable traffic engineering, the ability of law enforcement officers to take actions, traffic facilities provided and the condition of road users. if these things are considered good, then the law as intended can function effectively and efficiently, so that the scope of the assignment given can be adequately covered. the pattern of community security culture or a self-help system, where the community can secure themselves proportionally is a very vital potential in supporting the successful implementation of the tasks carried out by the police. in addition to officers from the state police of the republic of indonesia, certain civil servants within the department whose scope of duties and responsibilities include guidance in the field of traffic and road transportation, are given special authority as investigators as referred to in law number 8 of 1981 concerning criminal procedure law. (kuhap) to investigate criminal acts in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 244 issn print 2086-6852 and issn online 2598-5892 field of traffic and road transportation. investigators and prosecution of traffic and road transportation violations are carried out by: 1. investigators of the indonesian national police and 2. investigators of certain civil servants who are given special authority according to law no. 22 of 2009 article 259. investigators of the state police of the republic of indonesia in the field of road traffic and transportation as referred to in article 259 paragraph 1 letter a of law no. 22 of 2009 consists of: a. investigator. b. assistant investigator. in the provisions of article 260 paragraph 1 of law no. 22 of 2009 regulates the authority of police investigators, namely in terms of prosecution of violations and investigation of criminal acts, investigators of the state police of the republic of indonesia other than those stipulated in the criminal code of law and the law on the state police of the republic of indonesia, in the field of traffic and road transportation. authorized: to stop, prohibit or delay the operation and temporary confiscation of motorized vehicles that are reasonably suspected of violating traffic regulations or are tools and/or proceeds of crime. -to examine the truth of information related to the investigation of criminal acts in the field of traffic and road transportation. requesting information from drivers, motorized vehicle owners, and/or public transportation companies. seize the driver's license, motorized vehicle, cargo, motor vehicle stnk, motor vehicle trial certificate, and/or test pass as evidence. take action against criminal acts of traffic violations or crimes according to the provisions of the legislation. make and sign the inspection report. stop the investigation if there is not enough evidence. make detentions related to traffic crimes and/or take other actions according to the law in a responsible manner. the assistant investigator as referred to in article 259 paragraph 2 letter b of law no. 22 of 2009 has the authority as referred to in article 260 paragraph 1, except regarding detention as referred to in article 260 paragraph 1 letter h which must be granted by delegation of authority from the investigators of the state police of the republic of indonesia in the field of traffic and road transportation. authority to investigate, civil servant investigators as authorized to: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 245 issn print 2086-6852 and issn online 2598-5892 conduct inspections on violations of permits for the transportation of people and/or goods with public motorized vehicles. -conduct inspections of violations of the load and/or dimensions of motorized vehicles at weighing stations that are installed permanently. -prohibiting or delaying the operation of motorized vehicles that do not meet the technical requirements and are roadworthy. -requesting information from drivers, motorized vehicle owners or public transportation companies for violations of technical and roadworthy requirements, motor vehicle testing and licensing. -seize the certificate of passing the examination and/or permit for the operation of public transportation for violations as referred to in letters a, b and c by making and signing the official report of the examination. the authority of civil servant investigators as referred to in article 262 paragraph 1 of law no. 22 of 2009 is carried out at the terminal and/or the weighing equipment which is permanently installed. in terms of the authority as referred to in article 262 paragraph 1 of law no. 22 of 2009 is carried out on the road, civil servant investigators are obliged to coordinate with and must be accompanied by officers of the state police of the republic of indonesia. 4. criminal provisions and sanctions criminal law as a law of sanctions. criminal sanctions are of the many sanctions used to maintain norms and public order. to maintain public order does not always have to be with the rules of criminal law, because there are other sanctions such as civil sanctions or other sanctions in the form of actions. from this statement, it can be understood that the criminal law gets opposition from outside and within itself, wherever it hopes for public order, but it causes misery. so that it gives rise to daydreams so that criminal law is abolished from the legal environment or because of its bad nature, it is only exposed to criminal law when sanctions in other legal environments are not suitable. because of its ugly nature, there is a temporary opinion that the law with criminal sanctions is a correction and reaction to something in the form of a violation of criminal law. in the treasury of dogmatic law, it is said that criminal laws with sanctions have the nature of retaliating for losses/revendicative. however, after criminal law is open to social and community realities, where humans live together at a cultural level, it turns out that criminal law cannot be abolished. although people continue to focus on criminal law from all angles, in essence it is still http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 246 issn print 2086-6852 and issn online 2598-5892 about crime and crime as two things that face each other with various alternatives to the idea of decriminalization and depenalization. decriminalization and depenalization are not something that is too foreign in the view of alternative criminal law which contains legal principles whose content is relatively constant which has the potential to grow as principles that are not rigid and static, thus providing a place for relatively dynamic content to grow systems. legal system under the hands of competent legal officers according to the demands of social realities. even the consequences of such a mindset are not foreign to the occurrence of criminalization according to the values of society. elements of communication assistance and tactical assistance through highway patrol units (pjr). an example of a fatal accident: an accident occurred around the beginning of 1988, at that time buchari's brother (a 28-year-old driver) was driving pick up no. pol. 2018 l, accompanied by several colleagues, one sitting beside him and 2 people in the back. the journey through the main route (kertoarjo towards kebumen) from east to west. in front of the pick-up, you can see a rickshaw and a wooden cyclist (suroso rider, pembonceng manino). when suddenly driving, the friend behind him asked to be lowered, buchari spontaneously overtook the rickshaw and bicycle in front of him and then stopped at the far left side of the road, not long after lowering his partner, there was a sound of impact. . before they tried to stand up from the location, suddenly from the opposite direction a box truck slid at a high speed so that they did not have a chance to avoid it, and both of them were crushed after being hospitalized and died. the case was processed by investigators and advanced to trial with the indictment of article 359 of the criminal code because his negligence caused the loss of another person's life. judicial process: after studying the case file, the first judge decided to release the defendant conscious buchari (pick up chopsticks), because it was considered that the guilt was not legally proven. the basis for the balance is that the pick-up chopsticks overtake and stop in front of the cyclist, so that the cyclist is shocked and hits the pick-up so that the element of negligence is proven, the results of the visum et repertum that the death of both cyclists (suroso and sweet) were caused by being run over by a driven box truck. suyatno (vr from purworejo hospital signed by expert witness dr. ulfah hidayat). with the decision handed down to the defendant, buchari (the driver), the public prosecutor filed an appeal for cassation. the supreme court of the republic of indonesia: after studying the case file and legal considerations in deciding the case, the judex facti decision (the judge adjudicating the case) is deemed guilty in applying the law, therefore the judex facti decision must be annulled, the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 247 issn print 2086-6852 and issn online 2598-5892 supreme court will judge itself. the decision of the supreme court: based on the causal factor, namely if the pick-up driver does not overtake and stops suddenly, it is impossible for the motorbike rider to crash and fall onto the right side of the road. juridically, the death of a motorbike rider is not due to the negligence of the box driver, but due to the negligence of the pickup driver who overtakes and stops suddenly. decide: declare the defendant legally and convincingly guilty of committing a crime because his negligence caused another person to die, punishing the defendant for that with a prison sentence of 1 year. jurisprudence based on legal facts accompanied by expert statements (forensic documents, scientific forensics). the judge of cassation based the theory of objective evidence, which held that the closest cause of death was because the cyclist could not anticipate the sudden stop of the pick-up, which resulted in him crashing into the pick-up and bouncing on the highway, arguing that the road situation gave the driver the opportunity to go at high speed. high, so the box driver may not be able to anticipate. so it doesn't have to be the driver who directly runs over the victim who is blamed, but the vehicle that is the main cause that tends to be blamed is the aa 2018 c pick-up driver (purworejo district court no. 081/b/pn. pwr, april 28, 1988, ma ri no. 1351 k/pdt/1988 dated september 18, 1988). 4. conclusion the causes of traffic accidents mostly occur due to the negligence of drivers who do not comply with traffic rules, in addition to factors that affect the law enforcement process as well as community and cultural facilities or infrastructure. and based on law no. 22 of 2009 concerning road traffic and transportation, the police have the authority to carry out inspections, provide a sign of receipt of evidence of violation for the person concerned, starting from submitting a ticket to submitting evidence. references basuki, r. h., & ma’ruf, u. (2019). impact 0f prosecution against infringement ticketing with numbers traffic accidents in the jurisdiction of police resort semarang. jurnal daulat hukum, 2(1), 1–6. clausen, h., & aspinall, d. (2021). examining traffic microstructures to improve model development. 2021 ieee security and privacy workshops (spw), 19–24. handono, w., & istinah, s. r. d. (2021). the law enforcement against traffic violations by minor children. law development journal, 3(2), 407–415. mondschein, a., & taylor, b. d. (2017). is traffic congestion overrated? examining the highly http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 2 september 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 248 issn print 2086-6852 and issn online 2598-5892 variable effects of congestion on travel and accessibility. journal of transport geography, 64, 65–76. myranika, a. (n.d.). law enforcement of criminal acts of traffic violations: alternative case studies in the settlement of criminal acts of traffic violations. prasetyono, l. p. (2022). the problem of diversion in children perpetrators of traffic violations in indonesia. jambura law review, 4(1), 38–51. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. rusdiana, e., ahmad, g. a., putong, d. d., & simanjuntak, r. (2018). criticism of the strategy of criminal law formulation in the law number 22 year 2009 concerning traffic and road transport. 1st international conference on social sciences (icss 2018), 92–97. rustam, r., hanim, l., & sugiharto, r. s. (2022). the legal effectiveness of application of etiring (e-tilang) methods in criminal enforcement of traffic violations. law development journal, 4(2), 247–254. seibert-fohr, a. (2009). prosecuting serious human rights violations. oxford university press. wahyuningsih, s. e., & iksan, m. (2019). the benefits of the e-traffic ticketing (e-tilang) system in the settlement of traffic violation in indonesia. 2nd international conference on indonesian legal studies (icils 2019), 122–126. wilson, j. q. (2009). varieties of police behavior: the management of law and order in eight communities. harvard university press. yuliantoro, y., & sulchan, a. (2021). the effectiveness against traffic violations with electronic traffic law enforcement (etle). law development journal, 3(4), 736–742. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 371 issn print 2086-6852 and issn online 2598-5892 public listed companies takeovers comparison under indonesian and malaysian law maria ulfah tidar 1* , kurnia toha 2 1,2 faculty of law university of indonesia * corresponding author e-mail: mariaulfatidar@gmail.com article history: received: agustus 10, 2022; accepted: desember 15, 2022 abstract the current condition of business competion is getting tighter. this causes the company to compete to maintain its existence. one way to do that is by restructuring the company. takeover is one type of corporate restructuring. takeover is a legal action carried out by a legal entity or individual to take over company shares resulting in a transfer of control over the company. the purpose of this legal research is to increase knowledge in the field of public listed companies takeovers based on indonesian and malaysian law which can be benefit to legal practitioners. this research is a normative legal research using statutory and comparative approach. the data used in this research is secondary data. the results of the study are a public listed company that undertakes a takeover in not only subject to the laws and regulations regarding limited liability companies, but also must comply with the provisions of the capital market laws and regulation. after the takeover process occurs, the expropriating party must carry out a mandatory tender offer process. there are differences in terms of public listed companies takeover process between indonesian and malaysian law including the requirements to become a new controller, minority shareholder rights, and takeover’s impact regulation on business competition. keywords : indonesian law, malaysian law, takeover, tender offer, public listed company. 1. introduction the business world has entered a period of freedom and openess at the end of the 20th century. the are no more distances or barriers that have limiterd all business activities, especially activities between regions and between countries. significant changes in the business environment such as globalization, deregulation, technological advances, and market fragmentation have created very tight competition. furthermore, as a result of increasingly stringent businesss competition conditions, a company that is threatened with not being able to compete can take various ways in an effort to save its business, one of which is by restruturing the company. company restructuring is an act of structuring the value of all the company’s business chain with the aim of creating competitiveness and competition (herdiansyah, 2019). company restructuring can be carried out with 3 (three) legal actions, namely takeover, merger, and consolidation. based on article 1 number 11 of law number 40 of 2007 concerning limited liability companies states that takeover is a legal action carried out by a legal entity or individual to take over company shares resulting in a transfer of control over the company. a takeover by the offeror will result in a transfer of control over the company (wicaksono, 2021). by transferring control from the offeree to offeror, it doesn’t result the company’s existence dissolving or ending. the company that was http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:mariaulfatidar@gmail.com ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 372 issn print 2086-6852 and issn online 2598-5892 taken over exist, but control over the company transferred to the offeror. what is meant by control is power in the form to regulate the company’s financial and operational policies, appoint and dismiss management, and obtain majority voting rights in board of directors meeting. the acquirer company are usually large companies with strong capital, have extensive business operation, regular management, and are grouped into conglomerats, while companies acquired are relatively small companies (weak), difficult to develop, and unable to compete (purwanto, 2014). these takeovers are usually aimed at getting cash flow fast, getting operational and administrative system in place, reducing the risk of business failure, saving time entering new business, and making the company bigger (febrina, 2014). take over can be carried out between in a group of companies or by a company that has offered its shares to the public through the stock exchange (go public) to a company that has not gone public or vice versa. all private companies have the opportunity to become public companies by offering and selling part of their shares to the public and listing their shares on the indonesia stock exchange. the existence of public listed company becomes very important to drive and direct development activities in the economic sector (wulandari, 2021). in carrying out a takeover, a public listed company does not only comply with the provisions in the limitel liability company law, but also must comply with the provisions in the capital market law, especially regarding the offering of shares. one of the provisions related to the takeover of public listed company in indonesia namely financial services authority regulations number 9/pojk.04/2018 concerning takeover of public companies, to be said to be the controller is the part that own more than 50% of the total shares or has the ability to define, manage and/or public listed company policies. as in indonesia, malaysia also has regulations regarding takeovers of public companies. one of which is in previous regulation, the new controller of a public company taht took over was required at least 50% of the shares. however, with the rules on takeovers, mergers, compulsory acquisition 2016, the controlling requierement in public listed companies takeover was removed. in this study, the author will discuss further about publis listed companies takeover comparison under indonesian and malaysian law 2. research methods in this legal research, the type of research used is normative juridical research. the type of data used in this research is secondary data. secondary data consists of primary legal materials in the orm of law and regulation related to the takeover of public listed companies according to indonesian and malaysian laws as well as secondary legal materials consisting of books and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 373 issn print 2086-6852 and issn online 2598-5892 journal. the data is collected by way of literature study. the data used in this research comes from library research,. 3. results and discussions before discussing further about the comparison of public listed companies takeover under indonesian and malaysian law, to support this research the author has conducted a review of previous research. the first research is company teakeover process based on law no. 40 of 2007 concerning limited liability companies by rezmia febrina. in that research, the authors only describe the general company takeover procedure. it does not provide details regarding the takeover of a public listed company which is also subject to capital market law. in addition, in that study it only focused on companies takeover regulation based on indonesian law, while in this study the author will conduct a legal comparison to malaysian law. the second research is comparison of company takeover laws according to indonesian and united states of america capital market law. in that study, the authors compare the regulation of companies takeover between indonesia and united states of america, but the objects of this study are indonesian and malaysian law. 1. public listed companies takeover under indonesian law a. legal framework 1) law number 40 of 2007 concerning limited liability companies as amended by law number 11 of 2020 concerning job creation; 2) law number 8 of 1995 concerning capital market; 3) government regulation number 27 of 1998 concerning merger, consolidation, and takeover of limited liability companies; 4) financial cervices authority regulation number 9/pojk.04/2018 concerning takeover of public listed companies. b. definition of public listed company based on article 1 number 1 pojk number 9/pojk.04/2018, public listed company is an issuer that has made a public offering of equity securities or a public company. in indonesia, a public company is marked with a company name that ends with the term “tbk” which is an abbreviation of the word open. c. definition of takeover based on article 1 number 5 pojk number 9/pojk.04/2018, public listed companies takeover is an action either directly or indirectlyt, resulting in a change in the controller. what is meant by controller is a party that either directly or indirectly: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 374 issn print 2086-6852 and issn online 2598-5892 1) owns shares of more that 50% of all shares; or 2) has the ability to define, manage, and/or public listed company policies. d. parties involved in the public listed company takeover (tarigan, 2016) 1) financial service auhority; 2) indonesia stock exchange; 3) ministry of law and human rights; 4) commission for the supervision of business competition; 5) investment coordinating board. e. public listed companies takeover procedure 1) based on law number 40 of 2007 concerning limited liability companies prior to taking over, referring to the provisions of article 126 paragraph (1) of law number 40 of 2007, the takeover must take into account of interests of related parties, namely: a) company, minority shareholders, company employees; b) creditors and other business partners of the company; c) society and healthy competition in doing business. based on article 125 paragraph (1), take over is carried out by taking over shares that have been issued and/or will be issued by the company through the company’s direstor board or directly from the shareholders. a) takeover through the company’s director board 1. general meeting of shareholders decision based on article 125 paragraph (4), takeover carried out by legal entities in the form of corporations. directors before carrying out legal actios of take over must be based on a general meeting of shareholders that meets the attendance quorum and provisions regarding the requirement for making general meeting of shareholders decisions as referred to in article 89, namely at least ¾ of the total number of shares with voting rights present or represent at the general meeting of shareholders and decisions are valid if approved by at least ¾ of the number of votes cast, unless the articles of association determine the attendance quorum and/or larger general meeting of shareholder provision. 2. notification to the directors of the company according to article 125 paragraph (5), in the event that a takeover is carried out by the board of directors, the party that will takeover conveys its intention to carry out the takeover to the directors of the company to be taken over. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 375 issn print 2086-6852 and issn online 2598-5892 3. arrangement of takeover plan according to article 125 paragraph (6), the directors of the companies to be taken over with the approval of commissioners of each company prepare a takover plan. 4. summary of takeover plan based on article 127 paragraph (2), the board of directors of the company must announce the summary of the draft in at least 1 (one) newspaper and announce in writing to the employees of the company who will carry out the takeover within a period of no later that 30 (thirty) days prior to the call for general meeting of shareholders. 5. submission of creditor objections creditors can submit objections to the company within a period of no later that 14 (fourteen) days after the announcement regarding the takeover plan. if within that time period the creditor does not submit an objection, the creditor is deemed to have agreed to the takeover plan. 6. drawing up of deed of take over before a notary according to article 128 paragraph (1), the take over plan that has been approved by the general meeting of shareholder is stated in the deed of takeover drawn up before a notary in the indonesian language. 7. announcement of takeover results based on article 133 paragraph (2), the directors of the company whose shares were taken over are required to annouce the results of the takeover in 1 (one) newspaper or more within a period of no later than 30 (thirty) days from the effective date of the takeover. b) direct takeover process form the shareholders 1. negotiation and agreements the way to takeover the shares issued and/or to be issued by the company through the shareholders is directly carried out through negotiaton and agreement between the parties who will takeover with the shareholders while taking into account the articles of association of the company being taken over concerning the transfer of rights to shares and agreement made by companies with other parties. 2. announcement of planned agreement http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 376 issn print 2086-6852 and issn online 2598-5892 even though the takeover of shares is directly through the shareholders and does not prepare the takeover plan in advance, it must still announce the takeover agreement plan in 1 (one) newspaper and announce in writing to the employees of the company who will carry out the takeover within a period of no later than 30 (thirty) days to the summons for the general meeting of shareholders. 3. submission of creditor objections 4. drawing up of the deed of takeover before a notary because the takeover is carried out directly from the shareholders, the deed namely deed of tranfer of rights over shares. 5. notification to the minister of law and human rights 6. announcement of takeover result. 2) based on financial service authority regulation number 9/pojk.04/2018 concerning takeover of public listed company the following is the procedure for taking over a public listed company: a) negotiation based on pojk number 9/pojk.04/2018, the new controller candidate can announce negotiation on takeover plan. when making an announcement, at least it is announced via: 1. 1 (one) indonesian language daily newspaper with national circulation;or 2. stock exchange website. b) after the takeover occurs, the new controller must announce it in at least 1 (one) indonesian daily newspaper with national circulation or the website of the stock exchange and inform the financial services authority regarding the takeover taking place no later than 1 (one) working day after the takeover takes place. c) make a mandatory tender offer a tender offer is an offer through the mass media to obtain equity securities by purchasing or exchanging them for other securities. type of tender offer: 1. mandatory tender offer the mandatory tender offer is an offer that must be made by the new controller to buy the remaining shares of the public listed company. a. submission of doccuments to financial service authority no later than 2 (two) working days after the announcement of the take over (article 12). b. announcement of mandatory tender offer information disclosure. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 377 issn print 2086-6852 and issn online 2598-5892 c. carry out the mandatory tender offer for 30 days after the announcement (article 13 letter a). d. complete mandatory tender offer transactions by handing over money (article 13 letter b). e. submit report on the result of mandatory tender offer to the financial service authority no later than 5 (five) working days after the end of transaction settlement (article 16. 2. voluntary tender offer volutary tender offer is an offer made voluntarily by a party by purchasing or exchanging with other securities through the mass media to obtain equity securities issued by the target company. 2. public listed companies takeover under malaysian law a. legal framework 1) the companies act 2016; 2) capital markets and services act 2007; 3) malaysian code on take-overs and mergers 2016; 4) rules on take-overs, mergers, and compulsory acquisition 2016. b. definition of public listed company to differentiate between a public company and a private company, in article 25 (1) the companies act 2016 stipulates that public company names must end with the word berhad or bhd for short. for private companies ending with the word sendirian or abbreviated as sdn. in article 216 of the capital market and services act 2007 it is stated rhar what is meant by a company in relation to a company being taken over is a public company either listed or not listed on a stock exchange and any other entity as specified in the law. based on rules 108 rules on take-overs, mergers, and compulsory acquisition 2016 state that what is meant public company are: 1) an unlisted public company with more than 50 shareholders and net assets of rm 15 million or more; in the capital markets and services act 2007, defines company to mean a public company whether or not it is listed on any stock exchange. unlike the previous previous position, not all unlisted public company are subjected to this rule (khan, 2016). 2) a business trust listed in malaysia; 3) a real estate investment trust (reit) listed in malaysia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 378 issn print 2086-6852 and issn online 2598-5892 c. parties involved in public company takeover 1) malaysia securities commission; 2) bursa malaysia securities berhad; 3) companies commission of malaysia; 4) malaysian central bank. d. public listed companies takeover procedure 1) initial offer before an offer is made is made, the bidder will conduct a due dilligence investigation of the target company. this due diligence investigation will be limited to published information such as information submitted to bursa malaysia securities berhad in accordance with the listing requirements. 2) offer (notice) a) the offeror submits an offer to the board of directors of the company to be acquired (offeree) before the offer is announced to the public. (rules 9.01 rules on take-overs, mergers, and compulsory acquisition 2016) b) the offeror that making an offer is required to announce the offer publicly or via press notification (rules 9.10 (1) the offeror must also send written notice to: 1. directors or advisors appointed by the company; 2. malaysian securities commission; 3. bursa malaysia securities berhad. c) the board of directors of the company to be taken over within 24 (twenty four) hours of receipt written notification must: (rules 9.19 (5) 1. promptly announce receipt written notification; 2. send a copy of written notification to all shareholders within 7 (seven) days of receipt of the notification. 3) takeover offer delivery of bid documents by the offeror within 21 days from the date of the written notification (rules 11.02) 4) due diligence information disclosure plays a big role for investors (zakaria, 2020). part iv of the capital markets and services act requires that a share offering must be accompanied by sufficient disclosure of information to enabe investors to make appropriate investment decision and enable parties who suffer losses resulting from http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 379 issn print 2086-6852 and issn online 2598-5892 misleading statements and behavior from the issuer of shares to have a meand of obtaining compensation (afriana, 2015). 5) acceptance and agreement the offeror announce the result of the offer before 09.00 am the market day. the offerror must make an announcement: (rule 13) a) in accordance with record keeping requirements; or b) by press notification. if the offeror fails to comply with any of the announcement requirements, acceptance of the offer may be withdrawn immediately. 6) transfer of sale of shares afyer the shale share agreement and all company documents and resolutions have been prepared and signed, the transfer of the share sale will be made (rule 14). a) if involving cash only, the offeror must pay cash consideration within 10 days; or b) involving only securities or a combination of cash and securities, the offeror must post or credit within 14 days. 7) tender offer after the takeover occurs, the new controller of the company must make a tender offer. there are 2 types of tender offers in malaysia: a) voluntary tender offer this is where an offer is made voluntarily and simultaneously to all target shareholders to acquire their shares in the target. b) mandatory tender offer this occurs when the acquirer is entitled to exercise control or met certain takeover treshold. table1 .differences in public listed companies takeover under indonesian and malaysian law difference indonesia malaysia requirement to be a controller a. owns shares of more that 50% of all shares; or b. has the ability to define, manage, and/or public listed company policies the bidders must make a mandatory tender offer when the bidder: a. acquire, hold, or exercise control over more that 33% or more of the target’s voting shares (or are entitled to do so) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 380 issn print 2086-6852 and issn online 2598-5892 b. have hels between 33% and 50% of the target voting stock and the acquired more than 2% of the target’s voting stock in a 6 months period. minority shareholders right the acquirer cannot force minority shareholders to sell their shares. according to article 222 of capital markets and services act 2007, an acquirer can exercise the right to buy the remaining shares if it receives acceotance for a public offering not less than 90% of the shares of public company. control over business competition in indonesia, takeovers of public listed company must not cause monopoly or unfair business competition (aspan, 2022). furthermore, a certain takeover must be notified in writen maximum 30 days from the date of takever legally effective to the business competition supervisory commission business competition law does not have provisions regarding companies take over control. but in the malaysian competition act 2010, it is prohibited to abuse business domination that prevents, limit, or interferes with competition. 4. conclusion under indonesian law, a controller is a party that owns more than 50% of the total shares or has the ability to determine, manager, and/or public company policies. meanwhile, in malaysia, the requirements is to acquire at least 33% of the target company’s shares. in addition, under indonesian law, the acquirer cannot force minority shareholders to sell their shares. meanwhile, in malaysian law, this is allowes on condition that the controller has acquired a minimum of 90% of the shares. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 381 issn print 2086-6852 and issn online 2598-5892 references aspan, h. et al. (2022). the role of a notary process of making the acquisition or share acquisition in the order to realize the practice healthy business competition, budhapest international research and critics institute journal, 5 (2). febrina, r. (2014). proses akuisisi perusahaan berdasarkan undang-undang no. 40 tahun 2007 tentang perseroan terbatas. jurnal ilmu hukum, 4 (1). herdiansyah, l. et al. (2019). kajian yuridis pengalihan saham (akuisisi) perusahaan terbuka dengan dikeluarkannya peraturan otoritas jasa keuangan nomor 9/pojk.04/2018. diponegoro law journal, 8 (3). khan, m. a. and bin zakaria, m. r. a. (2020). an analysis on the legal framework for disclosure in prospectus and the standart of diclosure in determining takeovers and mergers activities post ipo. international journal of business and society, 21. khan, m.a. (2016). an inside into the malaysian take-overs and mergers code 2016. international islamic university malaysia law journal, 24 (2). sudhiarta, i. w. dan purwanto, i. w. n. (2014). akibat hukum pengambilalihan perusahaan atau akuisisi terhadap status perusahaan maupun status pekerja pada pt (perseroan terbatas). jurnal kertha semaya, 2 (5). sujatmiko, b. dan afriana, a. (2015). perlindungan hukum investor pasar modal akibat kepailitan perusahaan terbuka ditinjau dari hukum kepailitan dan hukum perusahaan indonesia. jurnal ilmu hukum, 2 (2). tarigan, j. et al. (2016). merger dan akuisisi: dari perspektif strategis dan kondisi indonesia (pendekatan konsep dan studi kasus). ekuilibria. wicaksono, r. m. t. a. d. (2021). perbandingan hukum pengambilalihan perusahaan menurut hukum pasar modal indonesia dan amerika serikat. jurnal litigasi, 22 (1). wulandari, l. f. (2021). kepastian hukum pengambilalihan saham (akuisisi) perseroan terbatas tertutup dengan akta jual beli saham. recital review, 3 (2). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 1 issn print 2086-6852 and issn online 2598-5892 juridical review of the civil dispute peace deed made before notary aliffianti putri irfani 1* , mohammad roesli 1 , ebit rudianto 1 1 faculty of law, merdeka university surabaya, indonesia * corresponding author e-mail: aliffiantiputriirfani@gmail.com article history: received: agustus 10, 2022; accepted: january 22, 2023 abstract the purpose of this study was to determine the legal position of a civil dispute settlement agreement and to determine the role of a notary based on position in making a civil dispute settlement agreement. the research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. the results of the research the legal position of the peace deed made before a notary is an authentic deed, which has legal force that can be used as the strongest and most complete evidence. this peace deed guarantees the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties in the civil dispute settlement process. therefore, the peace deed is written evidence, the strongest and most complete and can make a real contribution to dispute resolution quickly and cheaply. the peace deed made before a notary has a legal standing against the court's decision as a complete means of proof and the authority of the notary in making a peace deed as his position as a public official authorized to make authentic deeds, the notary is also authorized to be a mediator as regulated in law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of a notary (hereinafter referred to as the notary law) according to the notary law a notary may not. keywords: civil, dispute, notary, udd 1. introduction civil dispute is a civil case in which there are at least two parties, namely the plaintiff and the defendant. if in the community there is a dispute that cannot be resolved by way of deliberation, then the party whose rights have been impaired can file a lawsuit. this party is called the plaintiff. the lawsuit is submitted to the court which is authorized to resolve the dispute (rochim & sulistiyono, 2018). based on the description above, the peace agreement resulting from the mediation process must be stated in written form (deed) to prevent default or the parties are absent from what has been agreed, because for such a decision an appeal cannot be made. this peace deed can be in the form of an underhand deed or an authentic deed made by a notary at the request of the parties or made before a notary by the parties (partij acte) (endarto, 2010). peace must be made by all parties involved in the case and by people who have the power to do so, and it is determined by a peace deed which has legal force and is final (baswedan, 2014). so before the case examination is carried out, the district court judge always seeks peace between the parties at trial. judges must be able to provide understanding, instill awareness and confidence in the litigants, that the settlement of cases with peace is a better and wiser way of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 2 issn print 2086-6852 and issn online 2598-5892 settling than being resolved by court decisions, both in terms of time, cost and energy used (rahardianti & son, 2020). peace is an agreement in which both parties surrender, promise or withhold an item, end a dispute that is currently dependent on or prevent a case from arising, and the peace agreement is not valid but must be made in writing. in a dispute there are always two or more conflicting parties in the settlement of the dispute, the parties may resolve it themselves without going through a court, for example they ask for help from relatives, community leaders, or other parties, in an effort to find a resolution to this dispute quite a lot of success (ramadan, 2018). however, it often happens that in the future one of the parties violates the agreement that has been agreed upon, in order to avoid the recurrence of the same problem in the future, in practice the peace agreement is often carried out in writing, namely a peace agreement deed is made. the definition of a peace agreement is an agreement in the name of both parties, by surrendering, promising or withholding an item, ending a case that is currently dependent or preventing a case from arising. this agreement is not valid, unless it is made in writing. in this peace, both parties release each other as their demands, in order to end a case that is currently dependent or to prevent a case from arising. in practice a peace agreement is a deed, because the agreement was deliberately made by the parties concerned to be used as evidence with the aim of resolving disputes (harahap, 2017). the peace treaty is also known as dading. the peace agreement is regulated in articles 1851-1864 of the civil code. peace is an agreement between two parties whose contents are to surrender, promise or hold an item, both parties may end a case that is being examined by the court to prevent a case from arising (article 1851 of the civil code) (nugroho, nd). another definition of peace is an agreement by which both parties on the basis of mutual understanding end an ongoing case or prevent a dispute from arising. so, in the agreement both parties must release some of their demands in order to prevent problems from arising. this agreement is called a formal agreement and must be written to be valid and binding according to a certain formality. therefore, there must be reciprocity on the part of the litigants. there is no peace if one of the parties in a case relents entirely and fully acknowledges the demands of the opposing party (umaroh et al., 2021). based on the existence of peace between the two parties, the judge handed down his decision (acte van vergelijk), which contained punishment for both parties to fulfill the contents of the peace that had been made by them. the power of this peace decision is the same as an ordinary decision. the deed of peace has two forms, first, the deed of peace made based on the decision of the panel of judges in court as stated that if peace occurs, then regarding this, at the time of the trial, a deed must be drawn up, with the names of both parties required to fulfill the agreement made therefore, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 3 issn print 2086-6852 and issn online 2598-5892 the letter (deed) is valid and will be carried out as an ordinary judge's decision. such a deed is also known as an acte van vergelijk. the two peace deeds made outside the court without and/or not yet getting confirmation from the judge, which are so commonly known as acte van dading (ester, 2009). in the 1945 constitution it is expressly stated that the republic of indonesia is a state of law, where the state and government provide and guarantee a sense of legal certainty for members of the community in certain fields, this task through law is given and entrusted to a notary and vice versa, the public must also believe that the notarial deed that is made provides legal certainty for its citizens in accordance with article 15 (1) of law number 30 of 2004 concerning the position of a notary. notaries are authorized to make authentic deeds regarding all actions, agreements and provisions required by laws and regulations and or desired by interested parties to be stated in an authentic deed, to guarantee the certainty of the date of making the deed, to keep the deed, to provide grosse, copies and quotations of the deed. this legal certainty, besides being authentic, a deed also has the power of proof, namely outwardly, formally and materially (hutasoit et al., 2021). a notary in accordance with his duties and authorities is a public official (een openbaar ambtenaar) who is authorized to make an authentic deed, as the strongest and most complete evidence. the things stated in an authentic deed must be accepted as required by laws and regulations, also because the contents of the authentic deed are the result of an agreement desired by the parties. 2. research method this research uses a qualitative type of research method, namely by using a problem approach through a statutory approach. the sources and data collection used in this study are normative. the analysis used in this study, researchers used descriptive analysis method. to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to look for similarities and differences of opinion by experts to be used as a comparison. 3. results and discussion the legal position of a deed of peace in a civil dispute made before a notary the term deed in dutch is called "deed" or "deed" and in english it is called "act" or "deed". according to sudikno mertokusumo, a deed is a signed letter containing events that form the basis of a right or an engagement, which was made from the beginning intentionally for proof. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 4 issn print 2086-6852 and issn online 2598-5892 according to subekti, a deed is different from a letter, which is a writing that was deliberately made to be used as evidence about an event and signed (murniati, 2015). based on this opinion, it can be concluded that what is meant by a deed are: a. actions (handeling) or legal actions (rechtshandeling) b. a writing that is made to be used/used as evidence of the legal action, namely in the form of writing that is submitted to prove something. article 165 of the staatslad of 1941 number 84 explains the definition of a deed as follows: a deed is a letter made by or before an authorized employee to make it sufficient evidence for both parties and their heirs as well as relating to other parties as a legal relationship, concerning everything mentioned in the letter as a notification of a direct relationship with the subject in the deed.mdeed is a signed letter, according to information about events or things that are the basis of an agreement. article 1867 of the civil code states: written evidence shall be carried out in authentic writings or with underhand writings. based on the above provisions, there are two kinds of deeds, namely authentic deeds and private deeds, which can be explained as follows: a. authentic deed an authentic deed is a deed made by an official who is authorized to do so by the authorities, according to the provisions that have been set, either with or without assistance from those concerned, an authentic deed mainly contains a statement from an official who explains what he did and saw in the office. in front of him. in article 165 hir and article 285 rbg, an authentic deed is a deed made by or before an official who is authorized to do so, is complete evidence between the parties and their heirs and those who have rights thereof regarding what is contained therein and even as a mere notification, but the latter was only notified in relation to the matter in the deed. the officials referred to include notaries, clerks, bailiffs, civil registrar employees, judges and so on. b. underhanded deed an underhand deed is a deed made and signed by the parties who have agreed to the engagement or between interested parties only. article 1874 of the civil code states that: "what is considered to be written under the hand is a deed signed under the hand, a letter, a register, a letter of household affairs and other writings made without the intercession of a public official". theoretically, according to sudikno mertokusumo, what is meant by an authentic deed is a letter or deed which from the beginning was intentionally officially made for proof. from the very beginning it meant that from the very beginning the purpose of the letter was to prove it at a later date in the event of a dispute, because there were letters that were accidentally made from the start http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 5 issn print 2086-6852 and issn online 2598-5892 as evidence, such as ordinary correspondence letters, love letters and so on. it is said officially because it is not made under the hands (palit, 2015). dogmatically (according to positive law) what is meant by an authentic deed is contained in article 1868 of the civil code in conjunction with article 165 hir, 285 rbg): an authentic deed is a deed whose form is determined by law (welke in de wettelijke vorm is verleden) and made by or before public officials (door of ten overstaan van openbare ambtenaren) who have the power to do so (dartoe bevoegd) at the place where the deed was made. according to mochammad dja'is and rmj koosmargono article 165 of the hir relating to the authentic deed contains the following elements: a. writing that contains; b. facts, events, or circumstances that form the basis of a right or engagement; c. signed by the parties concerned; d. with the intent to be evidence. an authentic deed is a deed made and formalized in a form according to law, by or before a public official, authorized to do so, at the place where the deed was made. types of authentic deeds can be distinguished into: a. partij deed (deed of parties) that is a deed that contains information (containing) what is desired by the parties concerned. for example, the parties concerned say that they sell/buy then the notary will formulate the will of the parties in a deed; partij this deed has perfect evidentiary power for the parties concerned, including their heirs and those who receive rights from them. article 1870 of the civil code is considered valid for this deed party. regarding the strength of evidence against third parties is not regulated. b. ambtelijke deed or deed relaas or also called deed verbaal process. namely a deed that contains an official statement from the authorized official. so this deed only contains information from one party, namely the official who made it. this deed is considered to have the power of proof against everyone. examples are birth certificates, identity cards, certificates of good behavior and marriage certificates. the difference between a party deed (partij deed) and an official deed (ambtelijke acte), are: partij deed: a. the initiative lies with the parties concerned; b. contains information from the parties ambtelijke deed: a. the initiative lies with the officials; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 6 issn print 2086-6852 and issn online 2598-5892 b. contains a written statement from the official (ambtenaar) of the deed maker. the power of perfect and binding proof contained in an authentic deed is a combination of several strengths contained in it. if one of the powers is defective, the authentic deed does not have the value of perfect proof (volledig) and binding (bindende). therefore, to attach such a power value to an authentic deed, the strength of proof must be fulfilled in an integrated manner, which is called: an authentic deed has the following proving power: a. strength of external evidence an authentic deed that is shown must be considered and treated as an authentic deed, unless it can be proven otherwise, that the deed is not an authentic deed. as long as it cannot be proven otherwise, the deed has the strength of external evidence. that is, the truth must be accepted as an authentic deed. on the other hand, if the authenticity can be proven, the strength of the external evidence is lost or lost, so it cannot be accepted and assessed as an authentic deed. in accordance with the principle of the strength of external evidence, judges and litigating parties are obliged to consider the authentic deeds as authentic deeds, until the opposing party can prove that the proposed deed is not an authentic deed because the opposing party can prove the existence of: a. legal defects, because the official who made it is not authorized, or the signature of the official in it is fake, or b. the contents contained therein have undergone changes, either in the form of subtraction or addition of sentences. from the explanation above, the power of proof outside of an authentic deed embeds the principle of the legal assumption that every authentic deed must be considered true as an authentic deed until the opposing party is able to prove otherwise. strength of formal evidence the strength of formal evidence attached to an authentic deed is explained in article 1871 of the civil code, that all information contained in it is true, given and submitted for signing to the official who made it. therefore, all the information given by the signature in the authentic deed is considered correct as the information spoken and desired by the person concerned. the assumption that the truth contained therein is not only limited to the statement or statement contained in it is correct from the person who signed it but also includes the formal truth that is included by the official making the deed: 1. regarding the date stated in it; 2. the date must be considered correct; 3. based on the formal truth of the date, the date of making the deed can no longer be aborted by the parties and the judge. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 7 issn print 2086-6852 and issn online 2598-5892 the role of a notary in making a deed of peace in civil disputes in the 1945 constitution it is expressly stated that the republic of indonesia is a state of law, thus one of the most important tasks of the government is to provide and guarantee legal certainty for members of its community. in certain fields, this task is given by the government through law and entrusted to a notary and vice versa, the public must also believe that the notarial deed that is made provides legal certainty for its citizens, in accordance with article 15 paragraph 1 of law number 30 of 2004 concerning notary position (roesli et al., 2017). notaries are authorized to make authentic deeds regarding all actions, agreements and provisions required by laws and regulations and/or desired by the interested parties to be stated in an authentic deed, guaranteeing the certainty of the date of making the deed, storing the deed, providing grosse, copies and quotations of the deed. , all of which are as long as the making of the deed is not assigned or excluded to other officials or other people stipulated by law. this legal certainty, in addition to the authenticity of a deed, has the power of proof, namely outwardly, formally and materially, including the ethics of a notary in carrying out his position. in carrying out their duties, notaries do not only carry out the work mandated by law while simultaneously carrying out a very important social function, namely being responsible for carrying out the trust given to the general public they serve, a notary must adhere to the notary code of ethics. the existence of a code of ethics aims so that a profession can be carried out professionally with motivation and orientation to intellectual skills as well as arguing rationally and critically and upholding moral values. notary services as part of service to the community must run parallel to the development of society in the future. the notary's accuracy, speed and skill are not only based on a formalistic point of view, but must be based on a professional perspective, so that efforts to improve the quality of notary services really bring positive results to the community. according to the provisions of article 1 of law number 30 of 2004 concerning regulation of notary positions, it is stated that: "notaries are public officials authorized to make authentic deeds and other authorities as referred to in this law". the main authority of a notary is to make an authentic deed as stated in article 1 paragraph (1) letter d of law number 30 of 2004, every authentic deed or notarial deed has three powers of proof, namely: 1) the power of external proof is from the deed itself to prove itself as an authentic deed. this ability according to article 1875 of the civil code cannot be granted to a deed made under the hand. a deed made under the new hand is valid if the parties who signed it acknowledge the truth of the signature. 2) strength of formal evidence http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 8 issn print 2086-6852 and issn online 2598-5892 with the power of formal proof, an authentic deed can prove: a. that the notary concerned has stated in the deed the descriptions of the parties as stated in the deed; b. the descriptions in the deed are true because they are carried out, made and witnessed by the notary himself in carrying out his duties; the power of formal proof means that with an authentic deed the certainty of the date of the deed, the truth of the signatures contained in the deed, the identity of the people present, the place where the deed was made, and the truth between the parties who made the deed; 3) strength of material evidence as far as the strength of material evidence is concerned, even though there is a difference between the statements from the notary who are included in the deed and the statements of the parties listed therein. however, the authentic deed still proves the existence of something as contained in the deed. therefore, the contents of the deed are considered to be proven as true against everyone. the strength of this evidence is regulated in articles 1870, 1871, and 1875 of the civil code. the granting of a notary's qualification as a general position is related to the notary's authority to make authentic deeds as long as the deeds are not assigned to other officials. according to soegondo notodisoerjo, a public official (openbaar ambtenaar), a person becomes a public official when appointed by the government and given the authority to serve the public in certain matters, because a notary exercises authority (gezag) from the government. according to the legal dictionary, one of the meanings of ambtenaren is official. thus openbare ambtenaren is an official who has duties related to the interests of the community so that openbare ambtenaren is defined as an official who is entrusted with the task of making authentic deeds that serve the interests of the community, and such qualifications are given to a notary. notary institutions have an important role because they involve the need for interaction between humans who require written evidence in the field of civil law, so that it has authentic power. given the importance of this institution, it must refer to the laws and regulations in the notarial sector, namely law number 30 of 2004. law number 30 of 2004 concerning regulations on notary positions is included in the scope of organic laws and regulations, because it regulates notary positions. the material regulated in it is included in public law, so the provisions contained in it are coercive regulations (dwingend recht). a notary who is authorized to make authentic deeds and is the only public official who is appointed and ordered by a general regulation or desired by the people concerned. article 15 paragraph (1) of law number 30 of 2004 concerning the law on notary positions explains that a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 9 issn print 2086-6852 and issn online 2598-5892 notary has the authority to make an authentic deed regarding all acts, agreements and provisions required by legislation and or desired by the interested parties to be stated in the deed. authentic, guaranteeing the certainty of the date of making the deed, keeping the deed, providing grosse, copies and excerpts of the deed, all of this as long as the making of the deed is not assigned or excluded to other officials or other people as stipulated by law. based on the definition of article 15 of the uujn when it is associated with article 1 of the law on notary positions, it can be seen that: a. notaries are public officials; b. a notary is an official authorized to make an authentic deed c. deeds relating to the making, agreements and stipulations required by legislation and/or desired by the interested parties to be stated in an authentic deed; d. there is an obligation from a notary to guarantee the certainty of the date, keep the deed, provide groose, copies and quotations. e. the making of the deeds is also assigned or excluded to other officials or other people as determined by law. the authenticity of the notary deed is sourced from article 1 paragraph (1) of the law on notary positions no. 30 of 2004, namely the notary is used as a public official, so that the deed made by the notary in his position makes an authentic deed. the deed made by a notary has an authentic nature, not because the law applies so, but because the deed was made by or before a public official. this is as referred to in article 1868 of the civil code which states that an authentic deed is a deed in the form determined by law, made by or before public officials in power for that purpose at the place where the deed was made. thus the elements contained in article 1868 of the civil code are as follows: a. that the deed was drawn up and formalized in a form according to law; b. that the deed was made by or before a public official; c. that the deed was made before the person authorized to make it at the place where it was made. based on the provisions of article 1 of the uujn and article 15 of the uujn, it has been emphasized that the main task of a notary is to make an authentic deed and the authentic deed will provide the parties who make it a perfect proof. this can be seen as stated in article 1870 of the civil code which states that an authentic deed provides between the parties and their heirs or those who have rights over them, a perfect proof of what is contained therein. in this context, the notary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 10 issn print 2086-6852 and issn online 2598-5892 profession has a significant meaning because the law gives him the authority to create perfect evidence, in the sense that what is stated in the authentic is basically considered true. this is very important for members of the public who need evidence for a purpose, either for personal interest or for the benefit of a business. a notary is not only authorized to make an authentic deed in the sense of verlijden, namely compiling, reading and signing and verlijden in the sense of making a deed in the form determined by law as referred to in article 1858 of the civil code, but also based on the provisions contained in article 16 paragraph (1 ) letter d uujn, namely there is an obligation on the notary to provide services in accordance with the provisions of this law, unless there is a reason to refuse it. notaries also provide legal advice and explanations regarding the provisions of the law to the parties concerned. there is a close relationship between the provisions regarding the form of the deed and the necessity of having an official who has the duty to carry it out, causing an obligation for the authorities, namely the government to appoint and appoint a notary. in relation to the authority that must be possessed by a notary, he is only allowed to carry out his position in areas that have been determined and stipulated in the uujn and in that legal area the notary has the authority. if the provisions are violated, the deed made by the notary becomes invalid. ghs lumban tobing divides the authority possessed by notaries into 4 (four) matters, namely as follows: a. notary must be authorized as long as it concerns the deed made b. . b. a notary must be authorized as long as it concerns the people, for whose interest the deed was made c. the notary must be authorized as long as it concerns the place where the deed was made d. the notary must be authorized as long as the time of making the deed is concerned. the four things mentioned above can be described as follows: a. not all public officials can make all deeds, but a public official can only make certain deeds, namely those assigned or excluded to him based on statutory regulations; b. notaries are not authorized to make deeds for the benefit of everyone. article 52 paragraph (1) uujn, for example, it has been determined that a notary is not allowed to make a deed for himself, his wife/husband, or another person who has a family relationship with a notary because of marriage or blood relations in a straight lineage down or up without restrictions. degrees, and sidelines up to the third degree, as well as being a party to oneself, or in a position or by means of power. the intent and purpose of this provision is to prevent the occurrence of impartial actions and abuse of office; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 11 issn print 2086-6852 and issn online 2598-5892 c. for each notary, the area of his office is determined and only within the specified area of office is the notary authorized to make an authentic deed. d. a notary may not make a deed as long as the notary is still on leave or is dismissed from his position. notaries are also not allowed to make a deed before taking office or before taking the oath. if one of the above requirements is not met, then the deed made by the notary is not authentic and only has the power of a deed made under the hand, if the deed is signed by the parties. the word peace means the cessation of hostilities, non-hostility, non-hostile conditions, reconciliation, peace and security. make peace, meaning to make amends, negotiate to resolve disputes. reconcile or reconcile, meaning to resolve hostilities, negotiate in order to obtain agreement. the word peace is paired with the word be peaceful, be on good terms. the word reconcile, reconcile is matched with the word resolve peacefully. in dutch, the word dading is translated into indonesian as peace, deliberation. the word vergelijk is paired with the word agreement, deliberation or agreement, the agreement of both parties on the basis of mutual understanding to end a case. peace is an agreement in which both parties surrender, promise or withhold an item, end a dispute that is currently dependent on or prevent a case from arising, and the peace agreement is not valid but must be made in writing. in a dispute there are always two or more conflicting parties in the settlement of the dispute, the parties may resolve it themselves without going through a court, for example they ask for help from relatives, community leaders, or other parties, in an effort to find a resolution to this dispute quite a lot of success . however, it often happens that in the future one of the parties violates the agreement that has been agreed upon, in order to avoid the recurrence of the same problem in the future, in practice the peace agreement is often carried out in writing, namely a peace agreement deed is made. the definition of a peace agreement is an agreement in the name of both parties, by surrendering, promising or withholding an item, ending a case that is currently dependent or preventing a case from arising. this agreement is not valid, unless it is made in writing. in this peace, both parties release each other as their demands, in order to end a case that is currently dependent or to prevent a case from arising. in practice, a peace agreement is a deed, because the agreement was deliberately made by the parties concerned to be used as evidence with the aim of resolving disputes. the peace treaty is also known as dading. the peace agreement is regulated in articles 1851-1864 of the civil code. peace is an agreement between two parties whose contents are to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 12 issn print 2086-6852 and issn online 2598-5892 surrender, promise or withhold an item, both parties may end a case that is being examined by the court to prevent a case from arising (article 1851 of the civil code). another definition of peace is an agreement by which both parties on the basis of mutual understanding end an ongoing case or prevent a dispute from arising. so, in the agreement both parties must release some of their demands in order to prevent problems from arising. this agreement is called a formal agreement and must be written to be valid and binding according to a certain formality. therefore, there must be reciprocity on the part of the litigants. there is no peace if one of the parties in a case gives in entirely and acknowledges the demands of the opposing party entirely. regarding peace, it is regulated in article 1851 to article 1864 of the civil code. understanding peace, article 1851 formulates peace, namely an agreement in which both parties, by surrendering, promising or withholding an item, end a case that is currently dependent or prevent a case from arising. from the previous formulation, it can be concluded that peace is an agreement agreed by both parties with the aim of ending a case that is in process, or to prevent a case from arising. according to subekti, peace is a formal agreement, because it is held according to a certain formality, otherwise the peace is not binding and invalid. the elements of peace and the conditions for these elements are contained in the civil code articles 1851 and 130 hir. of the two articles, there are four elements, namely: 1. there is agreement by both parties . in peace, both parties must mutually agree and voluntarily end the dispute. approval may not only come from one side or from a judge, so that the agreement as regulated in article 1320 of the civil code: 1. there is a voluntary agreement (toestemming). 2. it is enough for both parties to make an agreement (bekwaamheid). 3. an agreement is made on a certain subject (bepaalde onderwerp). 4. on the basis of permissible reasons (geoorloofde oorzaak). therefore, in an agreement there should be no defects in any elements, such as errors/mistakes (dwaling), coercion (dwang), fraud (bedrog). whereas in article 1859 of the civil code, peace can be canceled if there is an error regarding the person, and regarding the subject in dispute. then in article 1860 it is stated that several factors are misunderstanding of peace, such as misunderstanding about the situation of the case, and misunderstanding about an invalid right. 2. both parties agree to end the dispute http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 13 issn print 2086-6852 and issn online 2598-5892 a peace that does not completely end the dispute between the two parties is considered ineligible. decisions like this are invalid and not binding on both parties. peace is valid and binding if it is being disputed, it can be terminated by the peace concerned. 3.the contents of the agreement to deliver, promise or hold an item in writing. a peace agreement is not valid if it is in oral form and must be in writing and is usually coercive (imperative). the purpose of holding a written peace agreement is to serve as evidence for the parties to be presented before a judge. when viewed from the form of a peace agreement, two forms of peace agreement can be distinguished, namely a peace decision and a peace deed. 4. the dispute is being investigated or to prevent a case (dispute) from arising. the settlement must be based on the dispute that is being examined, because according to article 1851 of the civil code the dispute is already in the form of a case dispute in court and it is a real form of a civil dispute that will be submitted to the court, so that the peace made by the parties prevents disputes from occurring in court. 4. conclusion the legal position of the peace deed made before a notary is an authentic deed, which has legal force that can be used as the strongest and most complete evidence. this peace deed guarantees the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties in the civil dispute settlement process. therefore, the peace deed is written evidence, the strongest and most complete and can make a real contribution to dispute resolution quickly and cheaply. the peace deed made before a notary has a legal standing against the court's decision as a complete means of proof. the authority of a notary in making a deed of peace as his position as a public official who is authorized to make an authentic deed, a notary is also authorized to be a mediator as regulated in law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of a notary (hereinafter referred to as the notary law) ) according to the notary law, a notary may not references baswedan, tbt (2014). juridical study of cancellation of land sale and purchase binding deed (pjb) made before a notary. premise law journal, 4. endarto, pgk (2010). juridical review of the tussenkomst intervention lawsuit as an alternative legal effort in ordinary civil procedure lawsuits. pandecta research law journal, 5(2). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 14 issn print 2086-6852 and issn online 2598-5892 esther, v. (2009). making of mediation deed from the dispute of building guarantee by fiduciary = the making of mediation deed from the problem of the dispute of building guarantee by fiduciary. harahap, my (2017). civil procedural law: concerning lawsuits, trials, confiscations, evidence, and court decisions. graphic ray. hutasoit, b., adnyani, nks, & dantes, kf (2021). the existence of notaries as mediators of notariary disputes review of law number 2 of 2014 concerning notary positions (case study of notary offices in singaraja city). journal of the yustisia community, 4(2), 405–415. murniati, r. (2015). the relevance and legal strength of the peace deed in the settlement of disputes in the economic sector. fiat justisia: journal of legal studies, 9(1). nugroho, tp (nd). settlement of inheritance control against rights through peace decision (study of decision number 86/pdt. g/2017/pn. kdr). palit, rc (2015). the power of underhand deed as evidence in court. lex privatum, 3(2). rahardianti, aaim, & putra, dnra (2020). the role of the judge in establishing the deed of peace according to the civil procedure code. kertha wicara: journal of legal studies, 10(1), 93–104. ramadhan, mty (2018). juridical review of the deed of peace made before a notary in resolving civil disputes. faculty of law, university of mataram. rochim, bn, & sulistiyono, a. (2018). juridical review concerning the position of the deed of peace which is made before a notary as evidence was igned by judges in civil dispute settlement. journal of the repertorium, 5(1). roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. umaroh, u., tarmidhi, t., & yaqin, a. (2021). juridical review of mediation as a means of settlement of civil disputes in the class ib district court http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 323 issn print 2086-6852 and issn online 2598-5892 legal protection to buyers through ppjb condotel suwardi faculty of law narotama university surabaya, indonesia corresponding author e-mail: maswad0634@gmail.com article history: received: july 27, 2022; accepted: oktober 26, 2022 abstract the development of a residential property in business so attractive to operators property so that growth is very fast. accompanied the population growth of it so dwelling that is required quite big so very interesting to handle market by developers because it very promising the property business.the purpose of this study is how the legal protection for condotel buyers using ppjb. this research method uses a normative legal study method that includes writing through the norms published in laws and regulations relating to regulations in the legal process and costs that lead to the implementation of buying and selling through ppjb. with the provisions of the constitution number 20 of 2011 is expected to be in accordance with the applicable provisions. results the responsibility of the payment of scope to make good the loss for business operators, namely a. demands based on defaults; and b. demands by all accounts unlawfully if it is associated loss to the scope of their responsibilities, so any change to the hotel operator in the sphere of responsibility. keywords : the protection of the law buyers passing ppjb 1. introduction in order to provide legal protection for the buyer condotel units as consumers from the developer then legal aspects transition trade have to be understood by the buyers as consumers(paramadani et al., 2020). in the process of buying and selling things such as land, a fixed object the house, an apartment or other property we often hear the term agreement. a binding agreement trading (ppjb), binding trading (pjb), trading certificate (ajb), all the intermediate term a land rights and building. the difference their all these terms is situated to the process and forms of legal action. a binding agreement (ppjb) trading created to perform certificate binding temporarily prior to trading (ajb official officials) before a land certificate (ppat). in general terms the trading (ppjb) was the agreement a seller to bind himself will be selling to buyers including the sign and payment based on the agreement (sari, 2019). generally a binding agreement of sale (ppjb) made under a hand for some reason the payment of a price not paid. ppjb load in agreement agreement about promised objects, the price, repayment certificate and the time he trading (ajb). buying and selling certificates by (ajb) is an authentic deed made by ppat to transfer land rights and building. making the deed buying and selling ( by ajb ) is set in such a way through the head of the national land agency (perkaban) no. 08 years 2012 about, land registration, so ppat live following the format that has been provided the raw. certificate trading (ajb) should be conducted after all the taxation that arises because of trading have been paid by the parties in accordance with their obligations each. the next step is to transfer the right had http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 324 issn print 2086-6852 and issn online 2598-5892 registered at the local land or commonly known by the name back. with completion of the back of the name of a certificate then the right attached to the ground and buildings have been moved from the seller to the buyer (s. suwardi & silfiah, 2022). for reasons of practicality so a binding agreement trading (ppjb) has prepared by the developer or power law (legal officer) as contract default when the signing of a binding agreement trading (ppjb), usually a prospective buyer having been given the opportunity to read and study the draft a binding agreement of sale (ppjb) beforehand with guided ”officer readers a binding agreement of sale (ppjb) from developers. in general draft of a binding agreement buying and selling (ppjb) ca not take that home and the explanations given is also limited and brief, a huge consumer “forced to” origin signature without understanding its substance clearly, when in a binding agreement trading (ppjb) was a lot of engagement -engagements cause of due to a law that tends to disadvantage the buyers if problems occur in the future (subekti et al., 2020). 1. uurs number in 20 years flat 2011 article 42 (1) and articles 43 (2) is of marketing and trading the tenement. the development (developers) do not marketing before the construction of flats carried out. in terms of the marketing were carried out before the construction of flats and developers must at had some reservations about the lack of : a. certainty designation space b. certainty land rights c. certainty status mastery flat d. agreement construction of flat e. security for the construction of flats of the insurer marketing with this condition, then everything that was promised by the developer and / or agent omnipresence must be made in a a binding agreement buying and selling (ppjb) for the parties who sell, and a binding agreement buying and selling (ppjb) drawn up before a notary, after fulfill some requirement for: certainty (anindita et al., 2016): a. the land ownership status; b. building permits ownership; c. the availability of infrastructure , facilities , and utilities general; d. wake up at least 20 % (twenty percent); e. the promised. 2. consequences of legal for developer tenement for the developer, has been regulated in uurs article 98, which was about ban make a binding agreement of sale (ppjb) who marketed is in, certainty or before meet the requirements as defined article 43 verse (2). a violation of article 98 will get the sanction of administrative sanctions in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 325 issn print 2086-6852 and issn online 2598-5892 accordance with article 108, and criminal sanctions in accordance with article 110, in terms of developers make a binding agreement of sale (ppjb) not in keeping with what is marketed or a binding agreement of sale (ppjb) made prior to meet the requirements of certainty as referred to in article paragraph 43 (2), will be an imprisonment of four long (4) years or a maximum fine of rp.4.000.000 000 00 four billion rupiah. a legal basis in a binding agreement buying and selling the house between developer, with consumers in general is divided into(two) 2, namely : 1. general is a provision provisions on the purchase agreement stipulated in kuh civil. basically agreement in civil kuh following open system that allows the parties make an agreement accord his way known as the freedom of contract, containing the sense that each party can make an agreement in any form legally long as not in contrary with act, the prevailing the public interest and decency, bind the parties who voted for it. 2. special special legal basis here provisions on the agreement on the transaction house shall be regulated in the outside covering: kuh civil : a. act act no.1 / 2011 about housing and settlement b. act act no. 8 / 1999 about consumer protection c. kepmenpera no. 09 / kpts / 1995 selling for the binding get a house. the authority of a notary of: article 1 the limit 1 act act number 30 years 2004 act law office a notary (uujn). a notary was an official general who is authorized to make an authentic deed and other authority as referred to in the this act. a definition that given uujn it is based on duty and authority notary which as public officials authority to make an authentic deed and authority other arranged in invite law office a notary (uujn) . of making such authentic deed shall there is who is required to by regulations per invite an invitation in order to create certainty, order and the protection of the law making ppjb is one of the notary (asnan et al., 2022). the responsibility of developers in a binding agreement of sale (ppjb) basically the developers can be divided into three three stages, namely : 1.a problem in the stage of pre: transactions : a. the truth claims advertising / brochures housing. b. completeness documents administration of offered. 2. problems in the transaction. a. an opportunity for those to study matter a binding agreement trading (ppjb). b. balance material dealt with in detail. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 326 issn print 2086-6852 and issn online 2598-5892 c. an opportunity for those to expressed objections to matter ppjb apartment. 3. problems at the retired: transactions. a.the house of a. developers to consumers in a timely the certificates b. house when consumers have already liquidated the payment of a price of. c. public and social facilities which / embodied in advertising brochures. d. quality of buildings . in relation to a binding agreement buying and selling condotel between developer, with consumers the responsibility of a developer can be seen since the issuance of a brochure offering condotel by developers the implementation of a binding agreement trading condotel between developers with consumers until idul submission to the buyer condotel from developers (pawana, 2019). basically a covenant is made by an agreement free between two parties who capable to act by law (working conditions subjective) for executing a feat not contrary with the applicable regulations, propriety, decency, public order, and conventions in the public (working condition objective) for executing a subjective achievement not contrary (s. h. suwardi & hum, 2019). but, whether we from both sides in a any negotiations, which in turn delivery a agreement not always favorable for one of the parties. in the business also shows the a of the agreement it often be translatable in standardized and / or raw klausula in every document or agreement made by either party who more dominant. from the other side the agreement, raw namely (adi et al., 2021): 1. its contents set unilaterally by the party position (its economy is strong); 2. the community / any bites at all not come with at determine its terms; 3. impelled by the needs of prospective consumers forced to accept a deal; 4. a certain form (written); 5. prepared en masse and collectively. according to sutan r my sjahdeni, agreement raw agreement by deed a notary, when made by a notary with clause clause that just take over it clause clause that have be standardized by one party,while the other party does not have a chance to negotiate for changes to clauses -, that clause and the agreement was made in a notarial deed is also a raw deal based on the above descriptions , it is obvious that the essence is the agreement that has been in default standard its contents by the strong economy, while the others are asked to accept or reject it. when a candidate consumers accept the content of the agreement, he signed the agreement, but when he refused, that agreement did not exist because the debtor does not sign the agreement (nurwulan, 2015). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 327 issn print 2086-6852 and issn online 2598-5892 2 research methods research methodology used normatif where writer do research through legislation or a norm a norm law that is in the as the behavior of the business world associated the survey, upon dwelling of a dwelling that is reference to act act number no.1 year 2011 about housing and settlement act no. act 8 years 1999 about consumer protection. in such circumstances should not still hakto see the consumer as having a condotel etikad so stay the protection law is in accordance with the law. 3. results and discussion in the legal relation parties in ppjb by attract the buyer to invest their capital dicondotel, often the developer or management condotel among them are rental guarantee or warranty, rent as well as free accommodation to investors. condotel the average rent standart warranty condotel are approximated between 9 % nine percent per year or 10 % (ten percent) per year while for the stay for free in a year on average for 21 (twenty one) 30 up to thirty days. profits that can be expected when there is consumers or investor as well as invest dicondotel profits which can be collected investors can at 13 % (thirteen) per cent per month. the number of condotel there has been too much in indonesia, and the potential of the tenants. a product to consumers did not happen directly but through marketing channels the producers and or medium intermediaries , so a result of producers industrialize is in build condotel arising legal issues with respect to the disabled specifications building or not in accordance with the promise made to the consumers, good meaning the finasial, financial and non,the real example that occurs in the practice of the defaults of developers, namely the handover of and building specification is not in accordance with advertising or the full what is promised or there are the defaults from managers who have lost the, consumers whether it is ownership or the inhabitants of condotel, and others. legal protection for buyers, condotel the ownership and occupancy is to take a god does that was responsible for consumer protection the is an agreement within transaction with ppjb. not least the consumer in indonesia less equipped, law hence the idea that consumers were harmed have not had the courage of the consumers to take legal action. this led to developers underhanded and irresponsible and get a feel benefit. in the past when the developer which is considered really meritous for economic development of a country and got a higher profile, so today protection against consumers to be more attention in accordance of the growing protection to the rights of on human rights (ham). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 328 issn print 2086-6852 and issn online 2598-5892 monopoly and the absence of consumer protection has put the position of consumers in the lowest level in the face of developers. for that reason the customer is seen as a weak law need to be greater protection than the – past. in connection with it in various countries, especially in countries the developed states and international renewal in this world do renewal laws relating to developer, responsibility, especially in order to facilitate the provision of compensation for the consumer who suffers loss due to the building condotel who buy and sell as a consideration to invest in the field of property. as for legal basis activity protection consumer in indonesia specifically arranged in act -act no. 8 1999 on consumer protection. to hear and to consumer protection in general that is all the efforts made vouches for the legal certainty to afford protection to consumers (santoso, 2015). however possibility in practice in terms of property investors have not received (consumers) still felt the implementation of investment and have promised will be provided through programs developer, condotel kondomi nium (in the course of development and hotels). in perspective, testament law as known engagement of that was on the agreement as the relations law in in the wealth etween one person (or more) which the one (debitor) to do a feat an, while the other party (creditors) entitled to this achievement. this means that the legal relationship to the obligation achievements to the parties the (achievement counter) achievement. in other words engagements delivery rights and obligations the to obeyed and bring harm law charged sanctions when violated. the rights and obligations of the parties , the seller developer the exact number of normative have been regulated in a few rules, there are only seven in act law flat (indradewi & achmad, 2021): related to the marketing article 42 set 1.the development will do condotel carried out before the development of marketing. 2. in terms of the marketing were done before the construction condotel as intended under paragraph (1) development agents at least lack of must have : a. a certainty the allocation of spac b. certainty land rights. c. certainty condotel mastery of low cost or stat. d. in the construction of flats or condotel and. e. security for the construction of flats or condotel from the guarantee. 3. in terms of the marketing were before the construction condotel as referred to in paragraph (2) everything promised by the perpetrators of development and marketing / or agent fasten as the binding sales purchase agreement (ppjb) on the parties (anindita et al., 2016). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 329 issn print 2086-6852 and issn online 2598-5892 relating to the terms of the implementation of ppjb. article 43 set : (1) process trading units condotel condotel finished before the development of the units can be done via ppjb made before a notary. (2) ppjb as referred to in paragraph (1) done after: certainty for fulfilling the requirements. a. the land ownership status. b. building permits ownership . c. the availability of infrastructure, facilities, and utilities common. d. has been developed at least 20 % (twenty percent). e. it promised. relating to the implementation of buying and selling. article 44 set : (1) the process of the bargain which done after development units condotel completed through certificate trading (ajb). (2) condotel was given as completed development as intended under paragraph (1) when has been published. a. certificates worthy. function b. certificates of ownership condotel units or certificates of possession of buildings condotel. units. relating to when the application of the practice of decipher rights and obligations the seller and buyer is as follows : the right buyer among other things : 1.have a guarantee that kondotel units that will buy and sell the other hand. free from prosecution. 2.have a guarantee of responsibility kingdom of development kondotel units. 3.have plans and kondotel units as set forth in appendix bestek constituting a unit which are parcel with a binding agreement of sale. 4.have facilities such as free are 21 days a year. 5.have buy back guarantee, return investment. 4 buyer obligation: pay the price kondotel units and company based on the agreement that constituting a unit with inseparable with a binding agreement of sale. the seller 1.responsible kondotel of the development. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 330 issn print 2086-6852 and issn online 2598-5892 2.guarantee to the buyer that kondotel units for sale buy free from the other parties. 3.facilitate as free stay 21 days in one year. 4.give it would buy back a guarantee, return on investment. 5. rights seller. receive a payment of the remaining kondotel units that are set out in accordance with the agreement constituting a unit which are parcel with a binding agreement of sale. legal remedy for a buyer to uphold their rights in the trade kondotel units law was created as a means to regulate rights and obligations subject, law good man or a body of law to be able to manage them well and get his due in an appropriate manner. legal protection appear related relationship between the government and the people now so it appeared the legal protection for the. law performs function as a protection the benefit of man, for that law should be implemented and on the run. law performs function as a protection the benefit of man, for that law should be implemented and on the run due should get legal protection. legal protection distinguished two namely proventif legal protection and legal protection repressive (ibrahim, 2018). of the protection of law and the people in preventive rugikan given the chance to lodge an objection and opinions before a government decision be. devinitif form. meaning protection koerniatmanto soetoprawiro that protection law according to the law of a will is an the authorities to guarantee and ease in such a manner as, so that each all citizens or residents. 4. conclusion conclusion virtue of the existing problems and discussion described above , so a conclusion can be drawn as follows, legally normative the responsibility of business players stipulated in article 19 act number year -undang 8 1999. about consumer protection and legal aspects binding trading (ppjb) which engagement to law tends to disadvantage due to buyers the thing has been arranged in provision in uurs number 20 year 2011 flat article 42 (1) and article 43 (2) set the rules about marketing gikan buyers thing has been stipulated in the provisions of uurs number 20. suggestion the existence of raw agreement (ppjb) should be regulated in the its own laws in some developed countries like the netherlands, america and japan have been properly formed take care of formed supervision especially related to the implementation of any agreement ppjb. the first, supervision through the formation of the act which specifically regulates. raw deal. both, by forming the commission raw deal under the ministry of law and human rights. a task the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 331 issn print 2086-6852 and issn online 2598-5892 commission check raw a deal before marketed to public.with this the problem happened have that can be minimized. references adi, m. s. o., suparto, s., & rubiati, b. (2021). legal protection for jimbaran view bali condotel buyers who have received delivery of the condotel units and have signed the deed of sale and purchase before the developer is declared from the related law. padjadjaran axis journal of law, 3(1), 100–113. anindita, p., saptono, h., & suharto, r. (2016). developer responsibilities to condotel buyers consumers in the case of changing hotel operators. diponegoro law journal, 5(2), 1–17. asnan, m. f., adhim, n., & ardani, m. n. (2022). juridical study of buying binding agreements of flat units (case study number 101/pdt. sus-pkpu/2020/pn. niaga. jkt. pst.). diponegoro law journal, 11(2). ibrahim, f. a. (2018). blocking of land books performed by the buyer based on the deed of sale and purchase binding agreement. notarius, 11(1), 43–53. indradewi, a. a., & achmad, a. s. (2021). legal protection against condotel unit owners in case of default by the developer (case study decision no. 5/pdt/2020/pt smr). perspective, 26(3), 154–162. nurwulan, p. (2015). legal aspects of sale and purchase of flats/apartments in the special region of yogyakarta in relation to the role of a notary-ppat. journal of law ius quia iustum, 22(4), 674–697. paramadani, s. p., rubiati, b., & suwandono, a. (2020). legal protection for buyers of nonresidential flats (non-occupancy) based on law number 8 of 1999 concerning consumer protection and law number 20 of 2011 concerning flats. acta diurnal journal of notary law, 4(1), 18–35. pawana, s. c. (2019). conception of the sale and purchase agreement of owned flats as a panjer. acta comitas: journal of notary law, 7–14. santoso, b. (2015). 40 mistakes in the property business. elex media komputindo. sari, i. p. (2019). responding to legal problems in marketing of flats using the pre project selling system. jurist-diction, 2(3), 933–948. subekti, s. h., lestari, v. n. s., & se, m. m. (2020). legal protection for landed house consumers in a sale and purchase contract based on a sale and purchase binding agreement. jakad media publishing. suwardi, s. h., & hum, m. (2019). legal protection for apartment buyers due to action of the default developer. prizren social science journal, 3(2), 94–99. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 332 issn print 2086-6852 and issn online 2598-5892 suwardi, s., & silfiah, r. i. (2022). legal protection for buyers condotel affected pandemic covid-19. pattimura law journal, 6(2), 69–94. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 451 issn print 2086-6852 and issn online 2598-5892 the concept of fairness in the principle of decency reviewed from business ethics in business contracts sudargo tandiono 1* , tanudjaja 1 1 faculty of law, narotama university surabaya, indonesia * corresponding author e-mail: sudargotandiono@gmail.com article history: received: november 15, 2022; accepted: january 10, 2023 abstract business agreements are often made only for the benefit of one party so that one party benefits and one party is harmed which only continues to put forward the principle of pacta sunt servanda. it is as if freedom in making a contract is final and absolute without anyone being able to intervene in the contract. this research has the basic purpose of reviewing business agreements judged by the implementation of business ethics as a reasonable consideration or not of a business agreement. the research method used in this study is a normative juridical method with a statute approach. based on the results of existing research, the principle of propriety is closely related to the reasonableness of the contract agreement. business agreements are basically formed not only based on consideration of legal provisions but also pay attention to business ethics. so business ethics can be applied as an indicator of the reasonableness of a business contract for the achievement of fairness. keywords: reasonableness, business ethics, business contract 1. introduction the economy is rife with cheating, but both the business world and the economy are expanding, and competition is getting tougher. (octarina, 2022) numerous implementation industry traders are currently engaging in unethical business practices. businesses rely heavily on merchants, some of whom even grow to become major players. a nation's economy is greatly influenced by the market. the caliber of fairness in a business is greatly influenced by the market-engendered fair price. because moral values like veracity, fairness, and openness are obligatory and the responsibility of every market participant. business or trade comportment withal reflects moral values or business ethics (yustianti & roesli, 2018). consequently, it is critical for businesspeople to incorporate a moral component into their operations' framework and scope. since the engagement was carried out by the parties, fraud and cheating frequently occur, which is against morality and the law. fraud can even be arduous to spot. it is additionally possible to interpret a breach of the law as an indirect infringement of society's morals and ethics. however, as long as these morals or ethics are not regulated by statutory regulations, they cannot be considered a contravention of the law, so moral and ethical infringements in society may not compulsorily be interpreted as such. the application of the principle of propriety to the engenderment and execution of contracts is another aspect of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:sudargotandiono@gmail.com vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 452 issn print 2086-6852 and issn online 2598-5892 principle of proportionality, which is withal referred to as the "principio de razonabilidad." considerations that make it possible to quantify, control, and determine sundry things, either directly or indirectly, turn out to be predicated on the concept of fairness on the decency principle. indirectly, in replication to the criteria of adequacy, cohesiveness, essentiality, balance, and benefit in cognation to the rights of the human person. in property law, fairness and equity are now an obligatory pair of concepts. case law now shows how derogatory effects can be applied to fairness and equity. based on article 1313 of the civil code, it states that an agreement is an act in which one or more people bind themselves to one or more other people. there are many types of principle according to civil law, either of them there are the principle of decency and fairness (redelijkheid en billijkheid) can be found in the provisions in nieuw burgerlijk wetboek, book 6 article 248 (2) (6:248 nbw) it reads as follows: "een tussen partijen als gevolg van de overeenkomst geldende regel is niet van toepassing, voor zover dit in de gegeven omstandigheden naar maatstaven van redelijkheid en billijkheid onaanvaardbaar zou zijn.” from one of the paragraphs in nieuw burgerlijk wetboek it can be translated as, the rules that apply between the parties as a result of the agreement are not valid, insofar as this is unacceptable in certain circumstances in accordance with fairness and fairness standards. basically decency can also be called fairness because both have the same meaning. the concept of decency and fairness has been applied as a basis for making judgments regarding the validity of an agreement. in connection with these conditions, research and discussion on the principle of decency in relation to the personality values of the indonesian people is important, because; (1) the principle of decency as the basis for considering the formulation of an innominaat agreement (onbenoemde overeenkomst), (2) the principle of decency can be used as an analytical tool to evaluate the occurrence of defaults in agreements, and (3) as a tool for resolving agreement disputes 2. research method the type of this research is normative juridical research (recherche juridique normative) amalgamated with library and policy research. in general, normative licit research or literary law is carried out by examining literature or secondary data. normative licit research is research that is predicated on literature studies or laws and regulations. the purport of this research is to find a solution after finding and formulating licit arguments by conducting an analysis of the quandaries that are the object of research. peter mahmud marzuki described the purport of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 453 issn print 2086-6852 and issn online 2598-5892 conducting normative licit research, namely to answer and solve the licit quandaries under study after obtaining the congruousness of cases/phenomena with licit rules, licit principles, and subsisting licit doctrines. (muhammad, 2004) if there is a true or false statement, it is only based on the suitability of the case with the legal basis, either the principle or the articles in the laws and regulations, without having to collect data in the community as is done for empirical legal research. (hs & nurbani, 2014) the statute approach is an approach that is carried out by examining and analyzing laws and regulations that are related or have a relationship either directly regulating or not directly involved with the legal issue being studied. the review of statutory regulations is not only on regulatory articles but also includes principles, synchronization/compatibility, etc. (marzuki, 2014) 3. results and discussion business ethics is rudimentally a guide to distinguish between right and erroneous, especially providing cognizance to any business actor to consider in making decisions cognate to involute moral issues. however, in authenticity, not all businesses have implemented business ethics felicitously, most business people ignore and often contravene subsisting business ethics. the consequentiality of applying business ethics as a consideration in determining fairness on the principle of decency in contracts according to the research of millah in 2023, the presence of the concept of decency in the agreement demonstrates that the parties' positions, rights, and obligations are well balanced, and the principle of decency is a legal relationship parameter that is established by a sense of decency. the application of the principle of decency in an agreement is guided by fairness public both in terms of the clauses contained and the implementation of the agreement so that unlawful acts arise in the future while still referring to the applicable law. (millah, 2023) arrangements or licit substratum cognate to the application of the principle of decency can be visually perceived in article 1339 of the civil code which states that "acquiescents are not only binding for things that are expressly verbally expressed in them, but additionally for everything that according to the nature of the accedence is required by decency, custom or law.” predicated on this article, there is no further or more consummate explication on the principle of decency, so that the principle of decency is considered as an open or obscure standard, in the sense that its form is abstract and not concrete, so that the principle of decency in the german licit concept is "generalklausen" or an open norm. if interpreted broadly. there is a concept cognate to the nature of transparency of the principle of decency as a consideration in contracts, namely http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 454 issn print 2086-6852 and issn online 2598-5892 openness as an instrument for the development of equity in dealing with cases, because the legislators deliberately made it an open norm. however, even though due to the lack of pellucidity, querying the legitimacy of the court's decision because its considerations are predicated on the principle of decency is erroneous, given the provisions in article 1339 of the civil code which states explicitly regarding the application of decency in acquiescents. the concept of fairness that can be interpreted as "plausible" is not enough to be utilized as a vigorous consideration in interpreting a contract because it will be very subjective from the perspective of the pertinent parties' interpretation, according to him, something that is plausible, acclimated to each case. because rudimentally the principle of decency can only be applied to concrete cases. (bchart, 2020) it is not infeasible to interpret the fairness level in a contract but it is arduous to do so. however, it is still possible to do this in cases that have a fairly low caliber of fairness, such as in the case of investment acquiescents containing debts whose fairness level needs to be queried. because the concept of fairness has an open nature, by considering the compatibility of the concept of decency utilized with the case, the authors will probe for fundamental theories and concepts that can become the substratum for consideration regarding the principle of decency and can narrow down the concept of fairness. the licit vacuum cognate to the esse of mixed acquiescents makes judgments in resolving disputes predicated on personal interpretations which are sometimes subjective regarding the construal of the principle of propriety. the concept of fairness in the principle of decency is not intended by the parties, but the revelation of what society believes to eschew the subjectivity of judgment. (dimatteo, 1997) predicated on the concept of fairness according to dimatteo, the inscriber will certainly optically canvass the caliber of fairness predicated on ethics in business. business people need veracity, prudence, integrity, fairness, veneration for contracts and so on. many business ethics issues revolve around the principle of veracity. veracious business people seek to obtain value through productive actions and voluntary exchanges rather than by coercion or wile. veracity designates sticking to authenticity. veracious business people do not profit from other people's expenses. (loan, 2016) thus the openness of the concept will cause quandaries when it will be taken into consideration in considering a dispute. because of this, the authors make business ethics a balancing concept of fairness in a business, especially in business contracts. in business ethics, there are sundry types of principles that can be utilized as benchmarks in determining the caliber of fairness in a business contract, including: a. the principle of liberation (autonomy) or free will liberation is widely accepted as a human right in gregarious life. in general, the right liberation can indeed support competitive advantage, across sundry measures of financial http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 455 issn print 2086-6852 and issn online 2598-5892 performance, innovation, and long-term prosperity in business. autonomy is a principle that addresses the concept of independence. this is the essence of the principle of liberation which sanctions individuals the liberation to cull and act. business people who are unable to make competent culls, such as children, and some individuals with noetic disabilities, should not be sanctioned to make decisions that could harm themselves or others. thus in business ethics, liberation is consequential, but don't obstruct the fascinates of other people or others. because innovation often occurs, especially in business, but it is not permissible to do things that are contrary to laws and regulations. b. the principle of veracity veracity is the quality of being veracious and trustworthy because telling the veracity. being veracious denotes telling the veracity all the time even at personal risk to yourself. veracity in business is withal kenned as ethical demeanor in business. the principle of veracity is very pertinent and absolutely compulsory in the business world. veracity is the key to prosperity for business people to maintain their business in the long term in a business world profuse of profound competition. keraf verbally expressed that there are at least three reasons why the principle of veracity is very germane in the business world, one of which is cognate to the case under study is that veracity is germane in consummating the terms of accedences and business contracts. when making acquiescents, veracity is very consequential to determine the future of business relationships and the business continuity of the parties to the accedence. because of course the other party will no longer want to work with the fraudster if the party commits an artifice in carrying out the terms of the accedence. the party genuinely engenders eradication for their own business by committing fraud. in additament, the formulation and matters regulated in the contract are withal taken into consideration. c. the priciple of justice everyone must be treated equipollently according to equitable rules and criteria that are rational, objective and accountable in accordance with the principles of equity. this is in accordance with adam smith's verbal expression regarding the principle of equity. keraf quoted adam smith as saying that the most rudimental principle of equity is the principle of "no harm", especially in terms of forfending the rights and intrigues of others. deference for human rights and dignity is the substructure of this principle. the principle of "no harm", according to adam smith, is the most rudimentary and minimal requisite for human life and gregarious interaction. any kind of gregarious interaction cannot be initiated or perpetuated without this fundamental principle. because someone who cannot http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 456 issn print 2086-6852 and issn online 2598-5892 stop hurting the rights and fascinates of other people will not optate to interact convivially with them. it is arduous to believe that good and ethical business practice would subsist without these principles. in any business relationship, neither party may harm the other. if it is associated with the concept of fairness, there are the principles of fairness (redelijkheid) and fairness (billijkheid), both of which are related to one another. fairness, of course, cannot be seen without considering the concept of justice. fairness can be considered as a minimum standard of fairness. however, it cannot be considered that a fair business agreement is a completely fair business agreement. the presumption of not harming the other party is a form of reasonable justice that cannot be justified, sometimes a business agreement will indeed cause harm to the bound party, an example of a business loss. so what needs to be considered is whether the form of loss imposed on the parties is something that can be considered reasonable according to society. d. the principle of mutual benefit the principle of displeased equity if equity according to adam smith is not to harm other parties, this principle goes hand in hand with the principle of equity. the designation of equity in business ethics cannot be interpreted directly, but if it is linked to the principle of mutual benefits, it can be interpreted that the principle of equity by not harming other parties can withal denote that it is not sanctioned to cause harm to one party. because the principle of mutual benefit additionally designates that it is not permissible to impose losses on one of the parties. the principle of positive mutual benefit demands equipollent to the principle of equity, that no party is harmed by their rights and intrigues and all parties strive for mutual benefit. this principle largely takes into account the nature and objectives of the business. profit is the main goal of business activity. manufacturers want a sizably voluminous number of customers to buy or utilize their goods. customers want remuneratively lucrative goods and accommodations that are affordable and of high quality. as a result, businesses must be run in a way that benefits both consumers and engenderers simultaneously. in other words, business must be run in a way that benefits all parties involved in business activities. this is injuctively authorized by the principle of mutual benefit. e. the principle of moral integrity integrity emanates from the latin word "integrity" which denotes wholeness or unity. this shows that to achieve integrity, something must be whole and not divided. moral integrity is a form of adherence to moral values and principles. if the principle of moral integrity is cognate to business, moral integrity can be interpreted as a business that adheres to moral http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 457 issn print 2086-6852 and issn online 2598-5892 values and principles holistically. according to hafoon, a person with moral integrity will directly commit to actions that are 'right', ideals that are 'desired', or principles that are 'fair'. regarding the criteria for judging what is morally right, many refer to the objective standard that integrity is verbalizing and acting according to values that are morally justified on objectivist grounds. (schöttl, 2015) internal demands for business people to run their business while maintaining the good name and reputation of their company by applying the principle of moral integrity. business people are required by this principle to conduct business in an ethical and trustworthy manner. in other words, this principle is a calling for excellence and pride from within the business. f. other principles in addition to the principles put forward by keraf, there are other principles that are still not included in the principles of business ethics. according to sumarsid and winarso, there are other principles besides the 5 principles above: (sumarsid & winarso, 2020)  the principle of unity: unity can be interpreted if business ethics is not only optically discerned from an economic perspective but withal from political and convivial aspects because fundamentally it is a homogeneous unit. this betokens that every aspect is cognate to one another as a substructure for business ethics.  the principle of equilbrium: in contrast to the principle of justice put forward by keraf, the principle of equity according to sumarsid and winarso is equilibrium which denotes balance and does not utilize the concept of "no harm". according to him, equity is balance, business people must act fairly (balanced) to the parties involved in their business. the concept of balance prioritizes how both parties are in an equal position both in terms of rights and obligations.  the principle of responsibility: this principle is a principle that circumscribes the principle of autonomy/principle of liberation, because rudimentally liberation cannot be arbitrary. every action taken by business people additionally needs to be accounted for. freedom of contract and restrictions in business ethics in general, liberation is a form of the most rudimental human rights. liberation is a consequential component of business ethics, but this liberation must still fixate on the rights of other parties, namely by not harming collective fascinates. individual intrigues can be in sundry http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 458 issn print 2086-6852 and issn online 2598-5892 aspects. in business ethics there is the principle of liberation, while the perpetrators utilize the term "autonomous business actor" which can be interpreted as an individual who is plenarily cognizant that the decisions and actions taken will be in line with or contrary to certain moral standards or values. albeit their culls and actions conflict with certain moral standards and values that apply in society, autonomous business people understand and accept this. the facility of business actors to act independently and ethically is not ensured by liberation predicated on autonomy. a business person can do whatever he wants regardless of whether his activity is good or not. conversely, business actors engage in unethical demeanor as a result of the freedoms they are given, such as the liberation to make business contracts that benefit themselves. autonomous business actors ken and are cognizant of their actions, are in liberty to carry them out, and are withal responsible for their actions. (keraf, 1998) in this principle liberation does not mean the arbitrariness of business actors so that the consideration of this principle does not only rely on liberation (including liberation of contract), another aspect that requires to be considered is how a good business relationship between engenderer-consumer, investor-investee, creditors-debtors, and so on can be intertwined predicated on subsisting business ethics. the concept of liberation in business ethics withal needs to be linked to other principles in order to evade imbalances in business relationships. the following is an analysis of the concept of liberation of contract from article 1338 paragraph (1) of the civil code: "all accedences made licitly apply as laws to those who make them." fundamentally an accedence has binding power because of the principle of "pacta sunt servanda", the expression pacta sunt servanda designates, simply, that the pact/acquiescent must be venerated. pacta sunt servanda if translated from a linguistic perspective, the word "pacta" is an entity which denotes a plural accedence emanates from the word "pactum" while "sunt" is the result of conjugating the verb (to be) for the third person plural pronoun, "servanda" is verbs in the gerund form can mean to be accoladed/venerated. this principle is often additionally called the principle of licit certainty for the parties who are bound as can be visually perceived in article 1338 paragraph (1) of the civil code, on the other hand in the civil code in france which withal contains the principle of pacta sunt servanda in article 1103. in the rules of civil law in indonesia and in france, the two articles state that the acquiescent/contract that the parties have made supersedes it as law. judges and third parties will certainly appreciate the subsistence and substance of the acquiescent that the parties have concurred on according to the law. (hs, 2017) predicated on the principles of business ethics that have been explicated antecedently, the author can formulate designators of what are considered as infringements of a business ethics in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 459 issn print 2086-6852 and issn online 2598-5892 the form of an essentiality that requires to be carried out as a form of implementing business ethics:  business actors are autonomous, which designates they are free and cognizant of their every action,  business people must do business veraciously and are not sanctioned to capitalize on other parties' losses,  business actors are not sanctioned to harm other parties and predicated on balance in business cooperation,  business actors must prioritize mutual benefits (the parties involved),  business people must adhere to the values and moral principles that subsist in society,  business actors not only make economic aspects in implementing business ethics but withal gregarious and political aspects,  business actors must be fair in every aspect by prioritizing a balance between business actors and other parties,  business people must be held accountable for their actions. resoluteness liberation in doing business, namely in the form of liberation in contracting, of course, remains annexed to everyone. however, business people in engaging in business contracts need to consider the material content so as not to contravene the provisions in article 1339 of the civil code regarding the implementation of the principles of custom, the principle of decency, and the law. the principle of decency which from the commencement had an open meaning has now become pellucid because of the interpretation of the concept of fairness predicated on business ethics. thus it will appear more pellucid if one of the parties breaches the principle of decency both at the pre-contractual, contractual and post-contractual stages. 4. conclusion because of the openness of the construal of the concept of fairness in the principle of decency makes its application subjective without any designators of consideration in determining fairness in business contracts. so that there is a desideratum for a categorical explication regarding this matter. business ethics have an influence regarding the interpretation of the principle of propriety in business contracts. both have a correlation so that business ethics can be utilized as a substructure in considering fairness in contract accedences. moreover, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 460 issn print 2086-6852 and issn online 2598-5892 business ethics is more concrete and can be utilized as a reference in the formulation of accedences. the concept of liberation in contracting and adhering to the principle of pacta sunt servanda cannot ascertain that the contract formulated together is in accordance with the principle of decency. liberation of contract can additionally be a loophole for fraud to arise if implemented without any restrictions. as in business ethics, even though there is a principle of liberation, there are other principles that limit it, such as the principle of veracity, the principle of fairness, the principle of mutual benefit, the principle of moral integrity and so on. contract law additionally has circumscriptions on liberation of contract, one of which is article 1339 of the indonesian civil code. references brichart, c. (2020). “een onderzoek naar de verenigbaarheid van redelijkheid met rechtszekerheid in het contractenrecht”. university of gent law faculty thesis. dimatteo, l. a. (1997). the counterpoise of contracts: the reasonable person standard and the subjectivity of judgment. south carolina law review. hadjon, p. m. & djamiati, t. s. (2005). legal arguments. yogyakarta: gadjah mada university press. hs, salim & nurbani, e. s.. (2014). application of legal theory to thesis and dissertation research. jakarta: raja grafindo persada. hs, salim. (2017). contract law: theory and techniques of drafting contracts, cet. 11. jakarta: sinar graphics. marzuki, p. m.. (2014). legal research, revised edition. jakarta: kencana. millah, n. d., heriawanto, b. k., syaifudin, a. (2023). “analysis of the principle of properity in service credit agreements spaylater for shopee users”. dinamika: journal of law and science, 29 (1), 6597-6610. muhammad, a. (2004). law and legal research. bandung: pt. citra aditya bakti. keraf, a. s. (1998). business ethics: demands and their relevance. yogyakarta: kanisius. loan, m. a. h. t. p. (2016). the importance of business ethics in business development. tap chi giao thong. octarina, n. f. (2022). law, human rights and cyber: the concept, regulation and abuse of social media. malang: setara press schöttl, l. (2015). the concept of moral integrity and its implications for business, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 461 issn print 2086-6852 and issn online 2598-5892 kicg-forschungspapiere, no. 9. sumarsid dan winarso, w. (2020). introduction to business. serang: cv. aa. rizky. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 84 issn print 2086-6852 and issn online 2598-5892 legal responsibilities of taxpayers intentionally not reporting spt correctly rogantino sampetua pasaribu faculty of law, narotama university surabaya, indonesia *corresponding author e-mail: rogantino.rt@gmail.com article history: received: february 20, 2023; accepted: april 22, 2023 abstract the source of revenue in indonesia was divided into two: domestic revenue and foreign revenue. in this regard, tax was one of the sources of domestic revenue. the tax was also one of the largest revenue sources for indonesia. the tax collected by the state on its citizen included income tax, value added tax, sales tax on luxury goods, revenue stamp, and certain land and building tax. likewise one of the cases that would be analyzed by the recent research was how was the legal sanction given to the taxpayers who intentionally not reporting tax return properly. thus, it could reduce state income and hamper public welfare. such problem was really unfortunate and unexpected since this problem could lead state losses in terms of infrastructure development or national or international economy. the research design used in arranging this recent research was normative research. article 39 th of tax law has regulated that whoever deliberately failed to submit his tax return, or submit the tax return, but the information and content was false and incomplete, which might harm state revenue, would be subject to criminal sanction. the fulfillment in tax payment was really required, but when this thing was not fulfilled by those taxpayers, they would be subject to legal sanction, since they did not fulfill what they were supposed to do. the sanction would be in form of administrative sanction and also criminal sanction. those legal sanctions were more prioritized for the taxpayers who deliberately failed to submit their tax return properly, which might subject them to legal sanction. key words : individual, country, law 1. introduction source of revenue in indonesia is divided into two: domestic revenue and foreign revenue. in this regard, tax plays as one of domestic revenue sources. the tax is also one of the biggest domestic revenue for indonesia. the taxes collected by the state on its citizen comprise of income tax, added-value tax, sales tax on luxury goods, revenue stamp, and certain land and building tax. taxes are an inflow of funds that have the potential through population growth and economic stability. regarding to those matters, the management of tax should be the priority of government (rizka novianti pertiwi et al., 2014). feldman has stated that tax is an accomplishment owed by the authorities and imposed unilaterally according to the norms determined by the authorities themselves, without hoping for any return service and solely to cover all general expenditures (muhammad djafar saidi., 2007). (mulyo agung., 2007) has asserted that the ongoing and sustainable national development so far is aimed to prosper society materially or spiritually. to realize this aim, it really needs a great development budget. one of attempts to realize the improvement of development revenue is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 85 issn print 2086-6852 and issn online 2598-5892 to cultivate domestic resources, in this matter refers to the tax. in perspective of economy, tax collection is the state revenue that is used to develop human life quality. since tax reform in indonesia in 1984, the tax system in indonesia has been shifted into self-assessment system and is valid until currently. this tax collection system is based on the activity of taxpayers, it means that the taxpayers are demanded to be aware of their obligation to count and pay their tax owed, and the revenue officers will only do verification or supervision over the implementation of obligation of the taxpayers (priyanto, a, 2017). fulfillment of tax payment is really important, but when this matter is not fulfilled by the taxpayers, they will be subject to any legal sanction, as they do not accomplish what they are supposed to do. the sanction can be in form of administrative sanction and also criminal sanction. the sanctions put more priority on the taxpayers, so they will not repeat their mistakes until obtaining the sanctions. tax evasion can be categorized as an illegal activity, a tax evasion is said to be legal if the transaction is carried out solely for good business purposes. therefore, to prevent the practice of evasion by multinational companies, most countries have anti-tax evasion provisions (kevin g. inkiriwang, 2017). as recently, we can find that the issue of tax crime often occurs from the taxpayers or the counterpart. therefore, this issue can bring very harmful impacts on state financial, it needs government firmness on that criminal act that should be well-handled and solved, so it will not harm society or state. the source of state revenue from the tax is the most likely source of funds and at the same time it demonstrates the development independence of a state. moreover, the targeted tax revenue is always increasing from year to year. to achieve that aim, it is not only depended on the factor of economic growth, but it is also depended on the public awareness to fulfill their obligation as good citizen. tax has strategic aspect which is not solely as the source of state revenue, but also as an embodiment of responsibility and unity of all citizens for the sake of state sustainability. definitely, the citizens here refer to all people who aware and concern about carrying tax obligation. the government surely expect for an amendment to the previous tax law to create public compliance level in paying tax is improving from year to year. the revenue increase from tax sector is expected to contribute relatively great state revenue within the framework of amended state budget. to realize that huge target, it is not an easy thing. a variety of problems and constraints encountered and so much complex, starting from national and international economic problems, tax bureaucratic service problems, up to taxpayer compliance and awareness problem, and the worst problem is deviation problem or corruption of tax money in terms of receiving or http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 86 issn print 2086-6852 and issn online 2598-5892 depositing tax money into treasury fund. those problems have made people committing a tax crime that is not in accordance to the tax regulation. tax crime has been specifically regulated in article 38 – 43th of laws of republic of indonesia 6 th , 1983 on general provisions and tax procedures as it has been changed into the laws of the republic of indonesia 28 th , 2007 on the third amendment to the laws of the republic of indonesia 6 th , 1983 on general provisions and tax procedures. each point of laws has regulated about any act that is categorized into tax crime either committed by the taxpayers or state officials. one of tax crime cases that have attracted public attention is the case of tax invoice falsification committed by one of taxpayers. quoted from the online newspaper, kompas, stated that directorate general of taxes, ministry of finance has won the case of tax crime over rw, operational director of dc inc., the taxpayer who cheat in fulfilling added-value tax. through online trial on august 05, 2020, the panel of judge of district court of south jakarta, chaired by yosdi sh. has sentenced him to five years and six months in prison and a fine of 20,5 billion rupiah, twice the amount of state losses, to rw over the criminal case in the field of taxation and money laundering. director of outreach, service, and community relations, djp hestu yoga saksama has explained that the tax crime committed by the defendant during 2010-2012 by applying invalid tax invoice (kompas, 2021). the term of criminal act as derived from strafbaarfeit refers to the understanding on human behavior. this criminal act term arouses and develops from the ministry of justice that is often used in the legislation, although it is shorter from the deed, but the criminal act has indicated an abstract meaning like action, but solely indicates concrete meaning (wiryono prodjodikoro, 2003). strafbaarfeit refers to a form of norm violation that is not only committed deliberately but also committed accidentally. 2. research method the method is a way or way with respect to scientific work, where the method concerns how to work to understand the object that is the target of the science in question (koentjaraningrat, 1997). legal research is a scientific activity based on certain methods, systematics, and thoughts by analyzing them. in addition, an in-depth examination of the legal facts was carried out. to then seek a solution or problems that arise in the symptoms concerned. this research used normative juridical research method. the normative juridical research method referred to a procedure of scientific study that was aimed to find the truth of scientific logic, in which the normative legal research was developed based on scientific disciplines and the way of normative legal science was that the law whose object was the law itself (moeljatno, 1993). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 87 issn print 2086-6852 and issn online 2598-5892 this study uses the normative legal method, in relation to the approach used in solving the problem in this study is the statute approach and the conceptual approach. the statutory approach is carried out by examining all laws and regulations related to the legal issues being studied. the results of the study are an argument to solve the problem being studied (peter mahmud marzuki, 2005). the legal materials used in this study are primary legal materials, secondary legal materials (bambang sunggono, 2010) and tertiary legal materials, namely: a. primary legal materials primary legal materials are legal materials that have binding power,25 including: 1. the 1945 constitution of the republic of indonesia. 2. the criminal code (kuhp) 3. the criminal procedure code (kuhap) 4. law number 28 of 2007 concerning the third amendment to law number 6 of 1983 concerning general provisions and tax procedures. 5. law number 16 of 2009 concerning stipulation of government regulations in lieu of law number 5 of 2008 concerning the fourth amendment to law number 6 of 1983 concerning general provisions and procedures for taxation becomes law.\ b. secondary legal materials secondary legal materials are materials that provide an explanation of primary legal materials (soerjono soekanto, 2010), which include books or literature, writings or expert opinions as outlined in articles and journals on tax crimes and other related documents. with the discussion to be written, which is obtained directly from related agencies or institutions, as well as through websites or the internet. c. tertiary legal materials tertiary legal materials are materials that provide information on primary legal materials and secondary legal materials, including books, writings, scientific papers, legal dictionaries and indonesian language dictionaries. 3. results and discussion general review of tax crime according to said sampara & h.m. insan, tax crime was defined as an act that could be subject to criminal sanction, as this act referred to the form of violation and crime according to the tax law and the act was committed mistakenly by the responsible taxpayers, tax authorities, and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 88 issn print 2086-6852 and issn online 2598-5892 third parties. the emphasis was on the act, mistake, and sanction as the main shaper to define criminal act. the tax crime provisions were ruled in the law 28 th , 2007 on the third amendment to the law 6 th , 1983 on the general provisions and tax procedures. in chapter viii, criminal provisions in this legislation have ruled about tax crime. as written in about seven articles: article 38, article 39, article 39a, article 40, article 41, article 41a, and article 41b. about four amendments have been made to the law 6 th , 1983 on the general provisions and tax procedures. furthermore, the reference to analyze tax crime was the law 28 th , 2007 on the third amendment to the law 6 th , 1983 on the general provisions and tax procedures. in which this legislation has contained the more evident criminal provisions. the types of tax crime within the law 28 th , 2007 have divided the criminal act committed by the taxpayers and officials into two types: violation and crime. the provisions that ruled about that violation and crime committed by the taxpayers were contained in the article 38 and article 39. article 38: whomsoever, due to his negligence: a. fails to file a tax return; or b. files an incorrect or incomplete tax return, or attaches incorrect information, which may cause losses to the revenues of the state and the act is the second violation as it has been mentioned in article 13a, shall be punished for a minimum fine of 1 (one) times the amount of tax owed unpaid or underpaid and the maximum fine of twice the amount of tax owed unpaid or underpaid tax, or punished by a imprisonment for a minimum of 3 (three) months and the maximum of 1 (one) year. c. a violation of tax obligation by a taxpayer, insofar as it concerns a matter of tax administration, shall be subject to an administrative sanction by issuing tax assessment or tax bill, whereas that connected with a crime in tax matters, is liable to a penalty. an act or deed as referred to under this article is not an administrative violation, but a criminal act in the taxation field (3 law number 28, 2007). article 39: 1) whomsoever deliberately: a. fails to register to obtain a taxpayer identification number or fails to report the business to be confirmed as taxable person; b. misuses or uses without authority of a taxpayer identification number or a confirmation of taxable person; c. fails to file a tax return; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 89 issn print 2086-6852 and issn online 2598-5892 d. files a tax return with a false or incomplete information; e. refuses to be audited as referred to in article 29; f. shows an account, record, or other document which is false or forged and falsified as it is true, or it does not describe the actual situation; g. fails to keep books or accounts or records, or documents that are the basis of bookkeeping and recordkeeping and the other documents including to the results of data processing from electronic bookkeeping or organized through online application program in indonesia as referred to in article 28 paragraph (11); or h. fails to remit tax already withheld or collected, so it can cause losses for state revenue, shall be punished by imprisonment for a minimum of 6 (six) months and maximum of 6 (six) years and a minimum fine of 2 (two) times the amount of tax owed unpaid or underpaid tax and maximum fine of 4 (four) times the amount of tax owed unpaid or underpaid tax. 2) the criminal penalties referred to in paragraph (1) shall be multiplied by 2 (two) if an individual commits another criminal tax offence within 1 (one) year after the completion of the previous prison sentence. 3) whomsoever, in the course of claiming a tax refund or a tax carryover, attempts to commit a criminal tax offence of misuses without authority of a taxpayer identification number or a confirmation of taxable person as referred to in paragraph (1) subparagraph b, or files a tax return and/ or attaches false of incomplete information, as referred to in paragraph (1) subparagraph d, in order to apply for refund or make tax compensation or tax credit, shall be punished by imprisonment for a minimum of 6 (six) months and maximum of 2 (two) years and a minimum fine of 2 (two) times the amount of refund claimed and/ or compensation or credit made and a maximum of 4 (four) times the amount of refund claimed and/ or compensation or credit made. meanwhile, the provisions which regulated the violation and crime committed by tax officials have been ruled in article 39a, article 41, article 41a, and article 41b. article 39a: a. issues and/ or uses a tax invoice, proof of tax collection, proof of tax deduction, and/ or proof of tax deposit which are not based on the real transaction; or b. issues a tax invoice unconfirmed by the taxable person, shall be punished by imprisonment for a minimum of 2 (two) years and maximum of 6 (six) years and a minimum fine of 2 (two) times the amount of tax in tax invoice, proof of tax collection, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 90 issn print 2086-6852 and issn online 2598-5892 proof of tax deduction, and/ or proof of tax deposit and maximum of 6 (six) time the amount of tax in tax invoice, proof of tax collection, and/ or proof of tax deposit. article 41: a. an official who, due to his/ her negligence, fails to fulfill the obligation to withhold confidential information as referred to in article 34, shall be punished by imprisonment for a maximum of 1 (one) year and a maximum fine of rp. 25.000.000,00 (twenty five million rupiahs). b. an official who deliberately fails to fulfill his duties, or anyone who causes the official to fail his duties as referred to in article 34, shall be punished by imprisonment for a maximum of 2 (two) years and a maximum fine of rp. 50.000.000,00 (fifty million rupiahs). c. a criminal prosecution as referred to in paragraph (1) and (2) shall only be conducted on a suit filed by an individual whose confidentiality has been breached. article 41a: whomsoever obliged under the article 35 of this law to provide information or evidence as requested, but deliberately fails to do so, or provides information or evidence that is false, shall be punished by imprisonment for a maximum of 1 (one) year and a maximum fine of rp. 75.000.000,00 (seventy five million rupiahs). article 41b: whomsoever deliberately obstructs or hinders a tax criminal investigation shall be punished by imprisonment for a maximum of 3 (three) years and a maximum fine of rp. 75.000.000,00 (seventy five million rupiahs). according to the criminal provisions in the law 28, 2007, the law did not have separation of any criminal acts that might be disqualified as a violation and any criminal acts that might be disqualified as a crime. to set a qualification referred to assess criminal incidents that were considered to have actually occurred including to which law and what law, in the other word; it should find the legal relation for the incidents or phenomena that have been constant. moreover, to qualify was also referred to search or determine the legal relationship to the proven arguments or events. the judge would assess the proven arguments or events proven or assess the unproven arguments or events by applying legislation that was a material law. to put in another word, it was aimed to seek the law application that was in accordance to the constant arguments or events (achmad ali, 2010). the main purpose of tax legal sanction was not only to sentence an imprisonment for the offender as he/ she did not fulfill his/ her obligation, but it was also a form of reprimand for the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 91 issn print 2086-6852 and issn online 2598-5892 taxpayers to be more obedient in conducting tax return for the sake of state development. in this regard, it was also aimed to develop a good economic stability for the state, as long as the societies were willing to participate in fulfilling their obligation. the sanction was also made, so the societies could comply with all conditions and get punishment as the consequence of violation act. the sanction in taxation was denoted to be a guarantee (preventive), so the taxable person would not violate the norms. the establishment of tax sanction was enforced to create a compliance of taxpayers in fulfilling their tax obligations. 4. conclusion based on the research problem and discussion explained above, the researcher concluded that the compliance in tax payment was an important thing. in the other word, if an individual filed a false or incorrect tax return deliberately, the individual would be subject to criminal sanction. the provisions of tax crime sanction have been regulated in the law 28, 2007 regarding the third amendment to the law 6, 1983 regarding the general provisions and tax procedures. in the chapter viii, the criminal provisions in this law has regulated about tax crime. as mentioned in seven articles: article 38, article 39, article 39a, article 40, article 41, article 41a, and article 41b. suggestion the taxpayers are expected to actively involve and fulfill their tax obligation, have a high honesty while reporting the tax return or tax return, and realize the importance of tax payment. references achmad ali,(2010). revealing legal theory (legal theory) and judicial theory (judicial prudence), kencana, jakarta, p.21. bambang sunggono,(2010). legal research methods, jakarta, rajawali press, p.194. 3 law number 28 of 2007. kompas, “faking tax invoices, this taxpayer sentenced to prison and a fine of idr 20.5 billion”,accessed at https://money.kompas.com/read/2020/08/07/114100226/palsukanfakturpajak-wajib-pajak-ini-divonis-penjara-dan-denda-rp-20-5-miliar?page=all on may 20, 2021 at 16:00 wita. kevin g. inkiriwang, (2017). legal perspective on tax avoidance efforts by a business entity. journal of sam ratulangi university, (lex et societatis), vol.v/no. 4 :17-18. koentjaraningrat,(1997). community research methods, jakarta, gramedia, p.16. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://money.kompas.com/read/2020/08/07/114100226/palsukan-fakturpajak-wajib-pajak-ini-divonis-penjara-dan-denda-rp-20-5-miliar?page=all https://money.kompas.com/read/2020/08/07/114100226/palsukan-fakturpajak-wajib-pajak-ini-divonis-penjara-dan-denda-rp-20-5-miliar?page=all vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 92 issn print 2086-6852 and issn online 2598-5892 muhammad djafar saidi, (2007), tax law reform, rajawali press, depok, p.21. mulyo agung, (2007), revised edition of taxation, bpfe, yogyakarta, p.52. moeljatno. (1993). principles of criminal law. pt rineka cipta. jakarta. peter mahmud marzuki,(2005). legal research, jakarta, prenada media group, p.113. priyanto, a. (2017). fundamentals of tax law. yogyakarta: uny press rizka novianti pertiwi, devi farah azizah, and bondan catur kurniawan,(2014). “analysis of the effectiveness of land and building tax collection (studies on revenue services, financial and asset manaagement probolinggo city)”, journal of taxation, vol. 3, numbner 1 november 2014, p.1. soerjono soekanto and sri mamuji, (2010). normative legal research a brief overview, jakarta, raja grafindo, p. 15. wiryono prodjodikoro, (2003), certain criminal acts in indonesia, pt. refika aditama, bandung, p. 79 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 305 issn print 2086-6852 and issn online 2598-5892 legal consequences of marriage agreements separation of property against calculations income tax siswo pranoto 1* , widyawatie boediningsih 2 faculty of law, narotama university surabaya, indonesia * corresponding author e-mail : pranoto24@gmail.com article history: received: agustus 18, 2022; accepted: oktober 26, 2022 abstract this study aims to obtain results on the legal consequences of separation of assets in tax calculations and the principle of fairness for tax calculations in accordance with the provisions of the director general of taxes. the research method used is normative juridical by using testing techniques through a statutory approach as well as applicable legal theories, concepts and principles compared to the implementation in the field, especially about the method of calculating the separation of assets in accordance with the regulations of the director general of taxes and the calculation should be if in accordance with the marriage agreement for the separation of property. the research provides results if using the calculation method in accordance with tax regulations, the couple is still owed tax and / or greater even though each of them has been deducted from income tax and should be nil. and the principle of legal justice that should be obtained by the taxpayer of separation of property on the mechanism for determining taxable income by tax regulations is not to occur because with the deed of marriage agreement for separation of property made before a notary which is an authentic deed, it should be from the beginning that from the beginning everything is separate including with his property, but for taxes it is not recognized the deed because the income is combined first. keywords: marriage agreement, property separation, personal income tax 1. introduction marriage as a legal act, then everything that is done by husband and wife, either jointly or individually, will have legal consequences or consequences for the marriage, including in this case the legal consequence is a third party if there is a legal relationship between the parties. third party with husband and/or wife(juniawaty, 2017). one of the legal consequences arising from marriage is the existence of property in marriage, both movable and immovable property, where the property can be obtained before or during the marriage (dwinopianti, 2017). as with a written contract or bond involving assets, it also contains the risk of a dispute between the parties, which may result in the engagement being dissolved. in marriage, the risk of conflict or dispute is very large compared to a legal engagement in the form of a business, this is because in marriage it is not only about the body that is united but also spiritually as part of the engagement. many factors can cause conflict in marriage, for example regarding rights and obligations, property, or about the family of origin and many more, where the conflict is at risk of breaking the marriage bond. there are many things that can be done to reduce the risk of the split, one of which is to make a marriage agreement whose contents are an agreement between husband and wife. the marriage agreement must meet the following criteria: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:pranoto24@gmail.com ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 306 issn print 2086-6852 and issn online 2598-5892 1. marriage cannot be carried out without a voluntary element from both parties; 2. both parties (male and female) who bind the marriage agreement have the right to break the agreement based on existing legal provisions; 3. the marriage agreement regulates the legal boundaries regarding the rights and obligations of each party (sudrajat, 2011). initially, marriage agreements were rarely made in indonesia, this was probably due to the strong kinship between the prospective husband and wife, and the influence of customary law which was still very strong. marriage agreements are regulated in chapter vii of the civil code (kuhperdata), starting from articles 139 to 154. specifically regarding the time of making a marriage agreement, it is regulated in articles 147 to 149. article 139 of the civil code states that "by entering into a marriage agreement, the two prospective husband and wife are entitled to prepare some deviations from the laws and regulations regarding the unity of assets, provided that the agreement does not violate good morals or general rules and as long as it is respected (nichols, 2011)." initially, marriage agreements were rarely made in indonesia, this was probably due to the strong kinship between the prospective husband and wife, and the influence of customary law which was still very strong. marriage agreements are regulated in chapter vii of the civil code (kuhperdata), starting from articles 139 to 154. specifically regarding the time of making a marriage agreement, it is regulated in articles 147 to 149. article 139 of the civil code states that “by entering into a marriage agreement, both prospective husband and wife are entitled to prepare some deviations from the laws and regulations regarding the union of assets, as long as the agreement does not violate good morals or general rules and as long as it is respected", it can be interpreted that a marriage agreement is an agreement that contains about regulation of marital property obtained both before and during the marriage, this is a deviation justified by law that has been determined by law number 1 of 1974 concerning marriage (uup) based on article 29 paragraph (1), (3), and (4) uuup. the decision of the constitutional court number 69/puuxiii/2015 has expanded the meaning of the marriage agreement where the agreement is no longer only interpreted as an agreement made before marriage (prenuptial agreement) but can also be carried out when the marriage has taken place (postnuptial agreement) (bakti & rivai, 2019). the type of marriage agreement, related to property, can be regarding the union of property or the separation of property between husband and wife. in the case of union, the assets obtained by the husband and wife during the marriage will be counted as one, while for the separation of assets, the assets obtained by the husband and wife will be separated so that the husband and wife will each have their own assets. in this study, the researcher focused on the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 307 issn print 2086-6852 and issn online 2598-5892 marriage agreement with the separation method of property, so that the agreement resulted in th e law that what was obtained by the husband or wife during the marriage period were the rights and obligations of each. so that if the couple separates, each is only responsible for his own property and cannot claim his partner's property to make payments for his obligations. the type of marriage agreement, related to property, can be regarding the union of property or the separation of property between husband and wife. in the case of union, the assets obtained by the husband and wife during the marriage will be counted as one, while for the separation of assets, the assets obtained by the husband and wife will be separated so that the husband and wife will each have their own assets. in this study, the researcher focused on the marriage agreement with the separation method of property, so that the agreement resulted in the law that what was obtained by the husband or wife during the marriage period were the rights and obligations of each. so that if the couple separates, each is only responsible for his own property and cannot claim his partner's property to make payments for his obligations. one of the legal consequences of a separate marriage agreement, when viewed from the tax law, each party (husband and wife) is obliged to report their assets separately and fill in the annual income tax return (spt) separately and for that husband and wife must have their own taxpayer identification number (npwp). based on article 8 paragraphs (2) and (3) of law no. 36 of 2008 concerning income tax states that the calculation of the income tax of a husband and wife who enters into a separation agreement (ph) after marriage or as desired by his wife who chooses to exercise their own tax rights and obligations, is calculated based on the comparison of the net income earned by the couple (suherman, 2020). the tax calculation method for taxpayers who enter into a separate marriage agreement is to combine the net income of husband and wife which is then deducted by non-taxable income (ptkp) as taxable income. the amount of tax on husband and wife is based on the percentage comparison between personal net income and combined net income. that the focus of this research is on the use of the combined net income of husband and wife to obtain income tax figures payable, so that civilly the husband and wife have separated their assets including the income received. the combination of husband and wife's income is legally not in accordance with the requirements of the situation where the husband and wife have chosen to separate assets, the mechanism should be that the calculation must be separate so that it is in accordance with the principle of consistency. in accordance with the above explanation, the researcher in this study is interested in discussing the use of income tax calculations for taxpayers who separate assets when viewed from http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 308 issn print 2086-6852 and issn online 2598-5892 the principles of fairness and consistency, so that this study takes the title due to the law of marriage agreements of separate assets to calculation of income tax. 2. research methods in this study using a normative juridical research method using a research approach in the form of a statutory approach (statue approach) and a conceptual approach (conceptual approach). 3. result and discussion property in marriage law number 1 of 1974 concerning marriage (marriage law) specifically regulates marital property where in marriage it is known as innate property, joint property and property of a married couple in the event of a divorce, including if there are certain agreements between married couples regarding the arrangement his treasure the regulation of marital property according to law are as follows: a. according to the civil code from the day the marriage occurs, according to law, there is a mixing of assets (gemeenschap van goederen). the mixture applies unanimously without questioning each other's innate. all inheritance, both from the husband and wife's inheritance, are automatically a joint property in the family as joint property of husband and wife, except before marriage they enter into a marriage agreement (huwelijks voorwaarden) which contains the provision that with marriage there will be no mixing of wealth. or the mixing is only limited to the mixing of what is obtained during the marriage (yahya, 2017 : 116). this means that civil law views that marriage unites two individuals who are different in all respects so that this includes property, culture, family in the civil code if the husband and wife at the time of marriage do not enter into a separation agreement between them, "the result of the marriage is the mixing of the wealth of the husband and wife into one, the wealth of the joint property and the share of each in the joint property is half".(wiryono, 1996 : 14) "this half portion is an inseparable part (onverdeeld aandell) meaning that it is impossible for each husband or wife to ask for the distribution of the property, unless the marriage itself is broken, or if a divorce is made from the table and bed or a divorce of property (scheiding van goedern)".(martiman, 2011 : 39) b. according to islamic law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 309 issn print 2086-6852 and issn online 2598-5892 islamic law considers the wealth of the prospective husband and wife to be separate from each other. the property belonging to each party at the time the marriage begins (runs) remains their respective property. likewise, all the things that each of them obtained or obtained during the marriage were not mixed but separated from one another; this means that on property belonging to the husband, the prospective wife has no rights, and on the property belonging to the prospective wife, the prospective husband has no rights. this means that the prospective husband cannot use or use the property of the prospective wife and vice versa, but this use is based on a loan agreement between the prospective husband and wife. this agreement is not carried out expressly but quietly (voena, 2015) as a consequence, in islamic law the status of a wife's property does not change with the marriage. the property of a wife does not become joint property between husband and wife because of marriage. the wife has full rights to her property, may sell, pawn, donate her property regardless of the power of others, including her own husband. the husband may not act on his wife's property, even though they are married, even the husband is obliged to take care and maintain it, but it is not the right for the husband to act legally on her (prodjohamidjojo, 2011). in islamic law there is no known institution of joint property (gezifaverinogen). if the provisions of origin are considered, basically the assets of husband and wife are separate, both their respective assets or assets obtained by one of the parties on their own business or assets obtained by one of them because of gifts or grants or inheritance after they are bound in a relationship. marriage. c. according to customary law that what is meant by "marital assets are all assets controlled by husband and wife as long as they are bound in marital bonds, both property of relatives controlled, as well as individual assets originating from inheritance, grant assets, own income assets, joint livelihood assets of husband and wife, and gifts."(hilman, 2003 : 156) everything is influenced by the local kinship principles and the form of marriage that applies to the prospective husband and wife concerned. "marriage assets are all assets controlled by husband and wife in the marriage bond, both assets brought into marriage and those obtained during marriage" (salmon, 1982). "the assets or goods include both inherited items or gifts received by each husband or wife before and after the marriage, as well as items obtained due to the efforts or efforts of husband and wife together during the marriage."(doss et al., 2012). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 310 issn print 2086-6852 and issn online 2598-5892 the position of marital property as capital wealth to finance the household life of husband and wife, then the marital property can be classified into several types, as follows: 1. assets acquired/controlled by a husband or wife before marriage, namely inherited assets. 2. assets acquired/controlled by a husband or wife individually before or after marriage are income assets. 3. assets acquired/controlled by husband and wife jointly during marriage are livelihood assets. 4. the assets obtained by husband and wife jointly during the marriage ceremony as a gift are marriage gifts (adjie, 2021). the classification above concludes that marital property can be classified into two groups, namely the property of the husband and wife and the joint property of the husband and wife. the regulation of marital property in the marriage law is regulated in article 35 paragraph (2) regarding inherited assets in the form of gifts, inheritance and joint property, as well as in article 35 paragraph (1) regarding assets acquired in marriage. for innate property, the marriage law states that each party is legally entitled to own and manage the property so that the property is not included as joint property in the marriage. as for joint property, the husband and wife are responsible for jointly and in balance so that one party cannot leave the other party in carrying out legal actions on the joint property. marriage agreement a marriage agreement (huwelijksvorwaaerden) is an agreement made by a prospective husband and wife authentically before a notary where the article in it states that they have agreed and agreed to make rules for the marriage to be held, especially regarding the assets and income brought and accepted by each individual. whereas according to the laws and regulations, marriage agreements are generally made before the marriage takes place so that once the marriage has been carried out, the rules in the marriage agreement automatically apply and for assets, income and debts are the property of each individually. the marriage agreement is regulated in the provisions of articles 139-154 of the civil code. in article 139 it is stated that by entering into a marriage agreement, both prospective husband and wife are entitled to prepare some deviations from the laws and regulations regarding the union of assets, provided that the agreement does not violate good morals or general rules and as long as all provisions that have been made are obeyed. it is said to be a deviation, basically the assets obtained during the marriage period are considered one or as joint property where this is in accordance with article 119 of the civil code which states: "from the moment the marriage takes place, according to the law there is a total joint http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 311 issn print 2086-6852 and issn online 2598-5892 property between husband and wife, as long as there are no other provisions in the marriage agreement. the joint property, as long as the marriage is ongoing, may not be abolished or changed with an agreement between husband and wife”. according to the article, marriage is basically a union both individually and the things that accompany it, including in this case property. unless previously there has been an agreement between husband and wife regarding the arrangement of their property. whereas the marriage law has divided marital property into original/congenital property and marital property wherein the original/innate property becomes the control of each individual unless there is a certain agreement on its control, while for assets acquired during the marriage it is declared as joint property. basically the legal rules regarding marital property states that what is called marital property is property obtained by a husband and wife during marriage and the rule is that such property is treated as joint property so that its use must be approved by both parties. so if there is an agreement between the two so that the property does not need the approval of both parties, so long as it does not violate legal norms and other norms and there is agreement and witnesses, then it is legal if it is implemented. and why henceforth, a deviation can be legalized? this is related to the reason for the control of assets belonging to the indonesian people, where initially this marriage agreement was made by a prospective partner of different nationality where an indonesian citizen (wni) will marry a foreign citizen (wna) so that his property is not lost due to loss of wni status. indonesian law prohibits the possession of indigenous assets by wna, primarily for: 1. landrights land law in indonesia adheres to the principle of prohibition of alienation of land (gronds verpoding verbood) which means prohibiting land in indonesia from being owned by people who are not wni. therefore, based on article 26 paragraph (3) of law number 5 of 1960 concerning agrarian principles, it is stated that in the event that a person due to marriage, inheritance or other means loses indonesian citizenship, within 1 year he must transfer land to a third party or the land falls to the state. 2. shares in indonesian company one of the requirements to own shares in an indonesian company is that the person concerned must be an wni so that the company is still an indonesian company (pmdn), if there are foreign elements in the shares, the company must change its status to a foreign investment company (pma). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 312 issn print 2086-6852 and issn online 2598-5892 so in this case, when it is associated with the principle of nationalism, the most relevant thing about legalization of a deviation is that a married couple can make a marriage agreement with the separation of assets during the marriage, because each party has their own assets and income. the conclusion, the marriage agreement was made not with the aim of harming one of the parties but for the common interest because it comes from an agreement which is then realized in a written agreement purpose of marriage agreement basically, the reason for making a marriage agreement, there is an intention to save the property of each party so that there must be clear boundaries about who is entitled to the assets obtained before and during the marriage, including the purchase of tangible and intangible assets during the marriage and the impact of the use of these assets. as an impact, this marriage agreement also related to third parties who enter into financial relationships with husband and wife, for example business relationships, debts, investments and others. while the purpose of making a marriage agreement stated in the notary deed, if summarized, is as follows: 1. taking care the personal property making a marriage agreement results in the husband and wife only having the right to control and manage their own property obtained from the beginning of the marriage to the end. 2. protects from the bad qualities of a partner this is solely to anticipate the bad qualities of the couple who have not been known before (before the marriage) because it is feared that these bad traits will appear at the time of marriage and result in destroying the family including their property. for example, at the time of marriage, a spouse is cheating, likes to gamble or acts criminally, likes debt and is extravagant 3. the wishes of the husband and/or wife's family another purpose of making a marriage agreement is to facilitate the wishes of the couple's family, usually this happens because there is an imbalance in the wealth level of the husband and wife, the family of one partner is afraid that his family members will suffer economically after marriage and/or be used by the married couple for personal pleasure 4. other goals outside of wealth in several ethnic groups in indonesia, heredity is the most important thing, mainly male offspring because men are considered as carriers of hereditary genes from the family, so that if the wife cannot give birth or cannot give birth to a son, if the husband is a man, then with the marriage agreement made, the husband has the right to remarry in order to fulfill the offspring expected by the family. examples are in chinese and balinese culture http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 313 issn print 2086-6852 and issn online 2598-5892 according to wirjono prodjodikoro, in accordance with the civil code which considers that if a husband and wife are to get married, they do not enter into any agreement between them, then the result of the marriage is the mixing of the wealth of the husband and wife into one wealth, belonging to the two of them together. equal, and each share in the common wealth is half. this half part is an inseparable part (onverdeeld aandeel), meaning: it is impossible for each husband or wife to ask for the distribution of the wealth, unless the marriage itself is broken, or if there is a divorce from the table and bed or a divorce of wealth (scheiding van goederen) , which can only occur through a certain event, is contained in the civil code (dja’is, n.d.). the marriage agreement must be registered, to fulfill the publicity element of the marriage agreement in question, it is intended that third parties outside the husband and wife know and submit to the rules contained in the marriage agreement. if the agreement is not registered then the agreement is only binding and applies as law for the parties who made it (only the husband and wife pair). this is in accordance with articles 1313, 1314 and 1340 of the civil code. calculation of income tax for spouses having a separation of marriage agreement the separation agreement is to provide information that husband and wife are agreed to save the property (assets and income) of each partner, and therefore each is fully responsible for its use and consequences for third parties. this also applies to taxation, where with the existence of this marriage agreement, the tax authorities also acknowledge the separation. women taxpayers who are married (wife) and have their own income can choose to carry out their own tax obligations or carry out tax obligations with their husbands. this is regulated in article 8 of law no. 7 of 1983 and amended, most recently, by law no. 11 of 2020 concerning income tax, which is stated as follows: (1) all income or losses for married women at the beginning of the tax year or at the beginning of the tax year, as well as losses from previous years that have not been compensated as referred to in article 6 paragraph (2) shall be considered as income or losses. her husband, unless the income is solely received or obtained from 1 (one) employer which has been taxed under the provisions of article 21 and the work has nothing to do with the business or independent work of the husband or other family members. (2) the income of husband and wife is taxed separately if: a. husband and wife have lived apart based on the judge's decision b. desired in writing by husband and wife based on an agreement on the separation of assets and income c. desired by a wife who chooses to carry out her own taxation rights and obligations http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 314 issn print 2086-6852 and issn online 2598-5892 (3) the husband and wife's net income as referred to in paragraph (2) letter b and letter c is subject to tax based on the combined net income of husband and wife and the amount of tax that must be paid by each husband and wife is calculated according to the ratio of their net income. based on the information above, where husband and wife can carry out separate tax calculations if there is an agreement on the separation of assets and income, which means that a marriage agreement has been made to separate assets in the marriage. therefore, each husband and wife are required to have a taxpayer identification number (npwp) and the consequence of this is that each has an obligation to make tax reporting to the state. in this tax reporting, in addition to reporting taxable income, each spouse has their own list of assets and if each also maintains books of account, the expense of these assets (depreciation and amortization) can be included as a component of deducting taxable income. the mechanism for calculating tax on segregation of assets is as follows: 1. income of husband and wife combined as total family income; 2. reduce with non-taxable income (ptkp) to obtain tax payable; 3. calculating the tax burden using the personal income tax rate (progressive); 4. calculate each tax payable by using the composition of each income to total income legal consequences of using separated assets in tax calculation married couples who choose the method of separating assets in calculating and reporting taxes have the following consequences: 1. each must make a separate record of income received during the tax year 2. each spouse must collect evidence of withholding taxes on the income earned as a deduction from the tax expense. 3. each must report the annual income tax return (spt pph) individually. 4. the amount of tax to be paid will be higher than using the normal method comparison of tax calculation for married couples who choose the method of separating assets and normal is that the tax payable resulting from the combination of assets is smaller than the separation of assets with the assumption that income and dependents are the same. why it can be happened? if an analysis of the calculation method is carried out, the result is that when the income is combined, in calculating the income tax, the income tax will be subject to a higher progressive rate, and only once calculated at a progressive rate even though at the beginning the couple has chosen to separate their assets and is willing to report an spt pph individually. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 315 issn print 2086-6852 and issn online 2598-5892 legal principles in calculation of separate income tax assets taxtheory based on the legal principle where taxation is considered as a legal theory, then tax collection is solely to create justice. the reasons for collecting taxes based on legal theory are divided into: a. collection of taxes for the benefit of the collector the collection of taxes for this purpose is based on the theory of the orgaan theory of von gierke where it is stated that a country is made up of state organs or institutions and citizens who are fully bound to each other. the state organ or institution that is tasked with giving life to citizens can burden each citizen with obligations to be able to support the implementation of their duties, one of these obligations is the obligation to pay taxes. the theory that discusses the obligations of the people to their government (state organs or institutions) is known as bakti theory, where in essence the state is a coercive organization, so that the government has the right to collect from its people for the benefit of the government. wh. van den berge stated that the state as a groupsverband (organization of groups) with due observance of the requirements of justice has the duty to carry out the public interest and therefore can and must take and take the necessary actions, including in this case collecting taxes from the people. b. tax collection for the benefit of the party being collected (tax payers) opinions for the benefit of taxpayers (the people) come from the notion of liberalism, where there is a clear separation between the interests of the people and the government, including in this case the search and use of funds. so if the funds are withdrawn from the people then it is purely for the benefit of the people. the government in this case works for its interests and the interests of the people. from this understanding of liberalism then came theories: 1. legal entity theory this theory connects the nature of tax payments by the people as equal to the payment of dues by members of a general association/body. where a general body or association is indeed tasked with serving the interests of members, it is natural that the general body or association withdraws dues from members for the sake of adequate service to members. therefore, taxes can only be collected if it returns to the interests of the people themselves and the government cannot participate in enjoying. 2. insurance theory http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 316 issn print 2086-6852 and issn online 2598-5892 that the nature of tax payment is the same as the payment of an insurance premium on an insurance agreement. this is based on the people paying taxes is solely aimed at covering the safety of themselves through the protection facilities offered and provided by the state government. this theory has its drawbacks, namely: a. there is no reimbursement for the risk of loss or loss from the taxpayer, this is different from an insurance agreement where reimbursement for the risk of loss or loss is one of the objects of the agreement. b. if the tax is considered to be the same as the insurance agreement, there is no coercion for the policyholder to pay the premium, because the premium is related to the insurance protection guarantee. as for taxes, there are imperatives and obligations for payment c. the payment of the tax is considered to be the same as the payment of the levy, while the nature of the levy and the tax are not the same. the levy is in the form of returns in the form of direct benefits while the benefits from taxes are not obtained directly the above theory provides an unequivocal separation for the interests of the state and the people, where the state is obliged to give everything for the people so that whatever form of contribution the people must be returned to the people, the government must not participate in enjoying. collection of taxes for the benefit of the collector and collected based on this, the suitable theory is: 1. purchasing power theory the state distributes the advantages and disadvantages of its citizens to help the economy through the collection of taxes from able families to help other families so as to create common welfare and as a manifestation of the interests of the community. the collection is taken using the parameters of the purchasing ability of the community so that those who can afford to buy will be taxed and the taxation proceeds are distributed to the underprivileged community. 2. dividend theory the state is considered as a company with the people being business actors and the government as shareholders, where business actors use company resources to obtain income for the company and therefore the government as a shareholder has the right to withdraw funds (taxes) as dividends for shareholders. the theory above provides an affirmation that the tax levy is justifiable because it provides benefits for both the collector and the collected (the people and the government) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 317 issn print 2086-6852 and issn online 2598-5892 tax fairness theory the policy of collecting taxes has always aimed to create justice for society because taxes are the realization of people's sacrifices for society. many theories about justice were contributed by experts, one of which was aristotle's theory of justice which divided justice into: a. legal justice all persons or groups of people should be treated equally by the state before and under applicable law. b. computative justice that in social interaction in society, each individual no one feels aggrieved for his rights and obligations. justice of this form asks and demands that everyone to give, respect and guarantee what is the right of others. c. distributive justice this justice emphasizes the appropriate distribution of the economy and is considered fair by citizens the theories about fairness in the imposition of taxes on citizens are as follows: (1) leadership theory the theory pays attention only to the division of the tax burden collected from the population entirely, based on the individual interests of each of them in government duties, including in this case the protection of the souls of people and the security of property. so to support these functions and duties, the community has the right to be taxed. the tax charge is determined from the interests and activities of the state, so that the greater the type of activity and its interests, the greater the percentage of tax imposed. and in order to feel fairness, the amount of tax uses a proportional or comparable rate and often the amount is fixed if the interests and activities are felt to be no different although it is considered fair, this theory contains weaknesses, namely: a. it can only be imposed on indirect taxes, while for direct taxes it will be difficult to implement. b. justice can only be achieved in a civil format only, since its payment is equated with the payment of a levy, meanwhile, taxes and levies are of different nature. c. it will be difficult if faced with the level of livelihood of the people related to the burden of the rich and the poor. since the poor will definitely need government activities to help their lives while the rich will be able to support themselves, will the tax burden of the poor be more than the rich with this? (2) theory of state achievement http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 318 issn print 2086-6852 and issn online 2598-5892 this theory puts forward the subjective economic ability of the state to list the activities (achievements) of the state, where if there are more state activities then the people will be willing to be burdened with more taxes and vice versa. the downside of this theory is the magnitude of the degree of willingness to shoulder the tax burden by the people which is difficult to measure because it is subjective in nature. (3) the theory of shoulder power this theory states that the tax burden is divided based on the shoulderability of each taxpayer. the shoulder power in this case is the economic power of each citizen to take care of his economic needs. theory of fairness in the calculation of property separation tax as already presented in chapter ii that in the mechanism of tax calculation and reporting, married and individually earned taxpayers have the option to report their income tax individually by using their tin as the basis for reporting. this is one of the government's steps to impose an equitable tax burden, because the ability of the "shoulderability" of the taxpayer's spouse is different from other taxpayers so that it is feasible to be burdened with income tax separately. however, when looking at the calculation method for the tax charge, there is an oddity where the income of the husband and wife who performed the agreement for the separation of assets, are still combined into one, and the combined income is used as the basis for calculating the income tax payable by multiplying it by a progressive tax rate, which results in the tax borne by the couple being greater than the calculation using the merger of assets. because henceforth the calculation of its tax is carried out in proportion to the combined income (roesli et al., 2019). the question is why does not the wife count on her own as a taxpayer? because as a taxpayer who chooses to self-report then he is entitled to obtain a lower progressive tax rate facility and then the magnitude of the tax burden is the tax rate multiplied by his taxable income. however, in practice, the wife's income must be combined with the husband's income to be united. the loss of using the merger method results in the taxpayer who feels that the calculation has been completed because it is nil because the income tax has been deducted by the employer and obtains proof of withholding, with the new calculation most likely to become overpaid or become underpaid on the other hand. it is felt that there is an injustice to the tax compliance that has been carried out. if it is based on the theory of justice, then tax collection must always maintain and uphold the principle of justice. although it must be realized and believed that the so-called principle of justice is something abstract and subjective so that to achieve it must be made clear parameters and become a mutual agreement, in tax law that justice is interpreted as follows: "the principle of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 319 issn print 2086-6852 and issn online 2598-5892 fairness says that the tax must be fair and equitable whereby the tax imposed on private persons is proportional to his ability to pay the tax and also according to the benefits he receives from the state". adolf wagner stated that the principle of fairness in taxes is about the same conditions between one taxpayer and another taxpayer, the amount of tax imposed is the same (treated equally). meanwhile, justice itself according to adam smith will be realized if it meets the following 4 (four) conditions: a. equality and equity under the same circumstances then the persons must be equally treated by the state and for certain things then justice is of a special treatment. b. certainty for the existence of justice, there must be clarity about the rights and obligations of the law and its legal objects and subjects because it concerns legal certainty as one of the purposes of lawmaking. c. convenience of payment taxes must be collected at the right time, that is, when the taxpayer has money or when it is close to the second of receipt of the income in question. d. economics of collection at the time of the formation of the new tax law, the drafters were obliged to consider that the cost of collection should be relatively smaller compared to the cash inflow. how with the fairness of the wife to be able to self-report in relation to her right to obtain the same tax rate? that the purpose of the wife to self-report is to acquire her rights as a taxpayer and to account for the property that she owns herself because there has been a separation of property so that it should have obtained the same rights as the husband and there is no need to combine her income. that the authentic deed made before the notary, based on articles 1868 and 1867 of the civil code is legal evidence that has perfect evidentiary power in the eyes of the law and the notary is a general official who is authorized by the law to make authentic deeds for the civil affairs of the community so that what should be produced by the notary can be recognized by the applicable law because the notary also works to provide certainty and legal protection. and the deed of marriage agreement for separation of property is one of the authentic forms of deed produced by the notary in accordance with the notary office act. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 320 issn print 2086-6852 and issn online 2598-5892 based on the theory of fairness over taxation and tax collection above, it can be drawn the reason for the state to combine the income of husbands and wives which results in taxes owed greater that: 1. that husbands and wives who choose separate tax reporting are considered to have more economic ability than married couples whose tax reporting is combined. the economic ability in this case is not only a matter of rupiah but also the opportunity obtained by the couple to become stronger in its economic capabilities in the future. 2. in accordance with the theory of carrying power, the family's ability to carry the operational burden of the family is greater so that therefore it is deserving of a greater tax levy than others. 3. the establishment of a progressive tax rates in the taxation means that in order to be fair, taxpayers whose economic capabilities are stronger must be taxed by the government by a greater amount than others (the weaker ones). and the government assumes that the payment and reporting for the taxpayer of the separation of property is sought to obtain a greater yield than the subject of the wife's tax which participates in the husband's tin (not separation of property) because it is considered that there is a double income. and this is considered to be in accordance with the purpose of obtaining tax justice for taxpayer. 4. conclusions the legal effect of a married couple who choose to do their own income tax calculations based on a property separation marriage agreement is that the husband and wife have their own tin and are obliged to report their own taxes and for that each must collect proof of tax deductions obtained during the fiscal year as a deduction from the tax burden, and the last is the possibility of more or accrued taxes (owed taxes) becoming arising where it should be nil if the reporting is combined (for the wife who has her own income). a married couple who has entered into a marriage agreement for separation of property has basically prepared to separate personal interests from each other's marriage ties, and it is protected by the act by being granted the right in the form of a request for an authentic deed to be made to the notary. a notary is a general official who is given the authority by the law to represent the government in the management of some of the civil affairs of the community therefore the deed of marriage agreement for separation of property is an agreement protected by the state so that therefore the right to separation also applies in taxation. it is included in this case not to combine income with the husband in the calculation of personal income tax. because in this case, civil affairs are already separate (there is a deed of marriage agreement for separation of property), http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 321 issn print 2086-6852 and issn online 2598-5892 npwp is also separate, finances are separate but why income tax calculations are mixed so as to show the inconsistency of the rule of law on the calculation of property separation. suggestion socialization to the public of the legal consequences of the property separation marriage agreement is that it is very likely that the tax burden to be paid is greater than that of people who do not enter into a property separation marriage agreement. so that if the marriage agreement for the separation of property is considered the best step to save the assets owned during the marriage from the obligation to share common property is to have tax consequences that must be greater than they should be. that fairness is not equal to taste, but justice is the degree of benefit derived from each person and justice can be realized if there is a role of government to make it happen. in relation to the property separation agreement that has been made an authentic deed, the government should respect the existence of the authentic deed by giving each spouse the right to calculate his own income tax without any merger on the part of the husband. so as to create harmony between the existing rules of law references adjie, h. (2021). the legal aspect of registration of different religious marriage based on determination district court. legal brief, 10(2), 227–238. bakti, f. p., & rivai, a. (2019). marriage agreement for indonesian citizens involved in mixed marriages. international journal of global community, 2(1-march), 83–96. dja’is, m. (n.d.). decision on the civil exception deviates from article 136 hir (analysis of the decision of pn semarang number: 73/pdt. g/2010/pn. smg). diponegoro law review, 2(2), 287–299. doss, c., truong, m., nabanoga, g., & namaalwa, j. (2012). women, marriage and asset inheritance in uganda. development policy review, 30(5), 597–616. dwinopianti, e. (2017). implikasi dan akibat hukum putusan mahkamah konstitusi nomor 69/puu-xiii/2015 terhadap pembuatan akta perjanjian perkawinan setelah kawin yang dibuat di hadapan notaris. universitas islam indonesia. juniawaty, r. (2017). wanita kawin memilih terpisah (mt) dalam status perpajakan di indonesia. sosio e-kons, 9(2), 165–173. nichols, j. a. (2011). marriage and divorce in a multi-cultural context: multi-tiered marriage and the boundaries of civil law and religion. cambridge university press. prodjohamidjojo, m. (2011). indonesia legal center publishing. jakarta selatan. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 322 issn print 2086-6852 and issn online 2598-5892 roesli, m., lestari, s. e., prasetyo, k. d., & mahrus, y. i. p. (2019). consumer protection laws for bank customers. salmon, m. (1982). women and property in south carolina: the evidence from marriage settlements, 1730 to 1830. the william and mary quarterly: a magazine of early american history and, 655–685. sudrajat, t. (2011). perlindungan hukum terhadap hak anak sebagai hak asasi manusia dalam perspektif sistem hukum keluarga di indonesia. kanun jurnal ilmu hukum, 13(2), 111– 132. suherman, j. (2020). the awareness and compliance analysis taxpayer identification number. ilomata international journal of tax and accounting, 1(2), 41–58. voena, a. (2015). yours, mine, and ours: do divorce laws affect the intertemporal behavior of married couples? american economic review, 105(8), 2295–2332. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 440 issn print 2086-6852 and issn online 2598-5892 the role of cadastral surveyor in land measurement in complete systematic land registration in semarang city fairus augustina rachmawati* 1 , ana silviana 1 1 faculty of law, diponegoro university semarang, indonesia * corresponding author e-mail: fairusar20@gmail.com article history: received: november 10, 2022; accepted: january 20, 2023 abstract in guaranteeing legal certainty to holders of land rights (hat), what is called land registration is carried out as a form of implementation carried out by the government. land registration itself is regulated in government regulation number 24 of 1997 concerning land registration. at the land registration stage, a physical and juridical data collection process is required wherein the physical data collection is carried out by the measuring officer or a licensed cadastral surveyor. so that in this study aims to find out more about the role of the licensed cadastral surveyor in the process of measuring land parcels in the complete systematic land registration program in semarang city and the regulations governing the role of the licensed cadastral surveyor in terms of measuring land parcels. this study used qualitative normative methods with data collection techniques using library research and observations made in sampangan and bendan duwur villages, semarang city. the results of the study show that the role of the licensed cadastral surveyor in the complete systematic land registration conducted in the city of semarang is very important in measuring land parcels and collecting data by always paying attention to the delimitation contradictory principle. regulations regarding licensed surveyors are guided by the regulation of the minister of agrarian affairs and spatial planning/head of the republic of indonesia land agency number 22 of 2016 and regulation of the minister of agrarian and spatial planning/head of the national land agency of the republic of indonesia number 9 of 2021 concerning licensed surveyors. keywords: licensed cadastral surveyor, land registration, regulation. 1. introduction land as a crucial thing makes every country in the world regulate its land ownership in such a way that it can be economically beneficial and at the same time provide legal certainty. including indonesia, making rules to regulate land ownership in the territory of the republic of indonesia (sirait et al., 2020). in guaranteeing legal certainty to holders of land rights, registration is carried out as a form of protection provided by the government as described in article 19 paragraph (1) of the uupa that in order to guarantee legal certainty by the government, land registration is carried out throughout the territory of the republic of indonesia according to the provisions stipulated regulated by government regulation. in the case of granting legal certainty guarantees that are to be realized in land registration include certainty of the status of the registered rights, certainty of the subject of the rights, and certainty of the object of the rights. land registration produces a land certificate as a form of proof of ownership rights (urip santoso, 2010:2). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:fairusar20@gmail.com vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 441 issn print 2086-6852 and issn online 2598-5892 registration itself is regulated in government regulation number 24 of 1997 concerning land registration which explains that land registration is a series of activities carried out by the government continuously, continuously and regularly, including collection, processing, bookkeeping, and presentation and maintenance of physical data and juridical data, in the form of maps and lists, regarding land parcels and apartment units, including the issuance of certificates of proof of title for land parcels for which there are already rights and ownership rights to apartment units and certain rights that burden them. in providing legal certainty in the form of land rights to landowners, a land registration process is needed (urip santoso, 2010). complete systematic land registration (ptsl) is a land registration activity for the first time which is carried out simultaneously which includes all land registration objects that have not been registered in the area or part of the territory of a village/kelurahan or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration (zaenuri, 2019:2). the ptsl program is carried out evenly in all regions in indonesia, including in the city of semarang which consists of 16 subdistricts and 177 urban villages. sampangan and bendanduwur villages are part of gajahmungkur district. the area of the sampangan village is 0.96 km2 and the bendan duwur village is 1.57 km2. the two sub-districts are participants in the 2021 complete systematic land registration (ptsl) program. in practice, the semarang city atr/bpn is targeting more than 55,000 registered plot maps, 50,000 certified plots of land, and also 148,000 plots for data improvement or k4 with the goal of becoming a complete city (rachmawati et al., 2021:18). in land registration for the first time, one of the activities that must be carried out is carrying out measurement activities, cadastral mapping and determining land parcel boundaries which are a series of processes from land registration activities which are the authority of the national land agency or commonly called bpn, but in order to accelerate the implementation of land registration , then based on ministerial regulation atr/kep. bpn number 11 of 2017 concerning amendments to ministerial regulation atr/kep. bpn number 33 of 2016 concerning licensed cadastral surveyors, with regard to measurement and mapping tasks, cooperation with the private sector can be carried out, in this case carried out by a licensed cadastral surveyor, consisting of cadastral surveyors and cadastral surveyor assistants. the licensed cadastral surveyor himself has the function of checking the completeness of land documents as well as investigating, measuring, mapping the land parcels of ownership in accordance with applicable regulations (roesli et al., 2017). this is done in order to avoid disputes about land boundaries in the future and guarantee legal certainty. before the land measurement process is carried out by a licensed cadastral surveyor, it must first be ensured that boundary marks http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 442 issn print 2086-6852 and issn online 2598-5892 have been installed at every corner of the land parcel to be measured. the holder or owner of the boundary markers has the obligation to install and maintain the boundary markers as stipulated in article 17 paragraph 2 of government regulation number 24 of 1997 concerning land registration. arrangements related to the determination of boundaries of land parcels are regulated in article 17 of government regulation no. 24 of 1997 which explains that land rights holders are required to stipulate, determine the boundaries of land parcels with agreement or approval by the parties concerned as referred to in article 17 paragraph (2) pp no. 24 of 1997. because if this principle is not fulfilled then the next process of land registration will of course be in vain because the process of measuring land parcels will cause uncertainty in the measurement results of the delimitation contradictory principle (rudy patar, 2020:35). based on the background described above, the author will elaborate further on the role of the licensed cadastral surveyor in the implementation of complete systematic land registration in the city of semarang, as well as the regulations governing the licensed cadastral surveyor in carrying out his duties as a measuring officer. 2. research methods in this research, qualitative normative legal research is used. sources of data obtained in this study secondary data such as legal materials (sukanto & mamudji, 2011:12). in research, it is generally distinguished between data obtained directly from the community and from library materials. in this study the results obtained were descriptive-qualitative in nature, which is research by producing descriptive analysis data expressed by respondents orally or in writing so as to provide detailed, accurate and complete explanations about field facts regarding the role of the licensed cadastral surveyor in complete systematic land registration in the city of semarang as well as in literature studies by examining the literature that is appropriate to the problem as a theoretical basis for further discussion. 3. results and discussion arrangements regarding licensed cadastral surveyors in the process of measuring land plots in complete systematic land registration the cadastral surveyor is a person who has expertise and skills in conducting surveillance and vibration processes land in the context of land registration and responsibility absolutely before the law over the control of data and its weaknesses it generates. the duties of a licensed cadastral surveyor (skb) are to carry out monitoring and mapping activities. monitoring and mapping is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 443 issn print 2086-6852 and issn online 2598-5892 planning, organizing, and implementing measurement activities in the context of collecting physical data on land parcels and catches.licensed cadastral surveyor (skb) consists of cadastral surveyors and assistant cadastral surveyor. licensed surveyors in indonesia have existed since the issuance of minister of agrarian regulation no. 1998 concerning licensed surveyors (ratrianto et al., 2022). this regulation regulates the authority of a licensed surveyor, namely to carry out direct service work to the community and work assignments from the land office. the working area of a licensed surveyor consisting of a cadastral surveyor and an assistant cadastral surveyor is one area of the city or regency land office. in 2013 another regulation of the head of the national land agency regarding licensed surveyors was issued. licensed surveyors consisting of land surveyors whose working areas are throughout indonesia and assistant land surveyors with a working area of one province. this regulation also regulates the licensed surveyor services office (kjsb) whose scope of work includes measurement and mapping in the framework of land registration for the first time sporadically or systematically and/or measurement (martinus, 2020) and thematic mapping whose source of funds is funded through dipa bpn. to meet the needs of accelerated land registration, especially complete systematic land registration (ptsl), minister of agrarian regulation no. 9 of 2013 was changed to regulation of the minister of agrarian affairs and spatial planning/head of bpn no. 33 of 2016 concerning licensed surveyors. this regulation also regulates a business entity called the licensed cadastral surveyor services office (kjskb) with a working area of one province (h widodo, 1997). since the issuance of minister of agrarian affairs and spatial planning/ head of bpn no. 33 of 2016 was enacted, in 2017 another regulation regarding licensed surveyors was issued, namely regulation of the minister of agrarian affairs and spatial planning/head of the national land agency no. 11 of 2017 (ratrianto et al., 2022). then in 2021 the minister of agrarian affairs and spatial planning/head of bpn issued regulation no. 9 regarding licensed surveyors. this regulation regulates more matters regarding licensed surveyors including changes in the nomenclature of kjskb to kjsb, competency tests and professional associations (zulmiftahul et al., 2020). with the issuance of this ministerial regulation, it is hoped that the licensed surveyor profession consisting of cadastral surveyors and cadastral surveyor assistants will be more developed and advanced by obtaining competency certificates due to their abilities in the aspects of geospatial information, juridical and administrative procedures before obtaining a license (kementerian agraria dan tata ruang/ badan pertanahan nasional, 2021). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 444 issn print 2086-6852 and issn online 2598-5892 based on data from the directorate of measurement and basic mapping of the ministry of atr/bpn in 2016 the total number licensed surveyors 2,723 people consisting of 296 land surveyors and 2,427 assistant land surveyors (wahyono, 2017). the definition of a cadastral surveyor is regulated in the regulation of the minister of agrarian affairs and spatial planning / head of the national land agency of the republic of indonesia number 9 of 2021 concerning licensed surveyors in article 1 paragraph 5 namely that a cadastral surveyor is someone who has expertise and skills in carrying out the survey and mapping process and is absolutely responsible in before the law on the survey and mapping data it produces. then in article 1 paragraph 4 it is also explained regarding the licensed surveyor service office is a business entity that has received a work permit from the minister as a forum for licensed surveyors in providing their services. regarding the scope of work of the licensed surveyor service office, it is regulated in article 12 of the ministerial regulation at/bpn number 9 of 2021 concerning licensed surveyors, namely survey and mapping activities which include planning, organizing and implementing, storing and managing documents resulting from the implementation of survey and mapping work in electronic documents, control quality of work, activities in the field of surveys, mapping of land and other spaces. in the event that the survey and mapping activities as referred to in paragraph (1) are carried out in the framework of: a. land registration for the first time; b. maintenance of land registration data; c. land acquisition; and d. services and activities in the land sector and other space. the current regulation regarding the licensed surveyor is the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 7 of 2021 concerning amendments to the regulation of the minister of agrarian and spatial planning/head of the national land agency number 11 of 2017 concerning amandements to the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency number 33 of 2016 concerning licensed cadastral surveyors. nonetheless, some of the regulations contained in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency number 33 of 2016 concerning licensed cadastral surveyors are still valid. amendments to the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency number 33 of 2016 concerning licensed cadastral surveyors include (wahyono, 2017:224): 1. skb institution (licensed cadastral surveyor) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 445 issn print 2086-6852 and issn online 2598-5892 2. license extension 3. the requirements for obtaining an sk license come from ask 4. mechanism of work carried out by individual sk 5. working result 6. double job 7. the duration of the ask short education 8. responsibility for work results survey officer of the ministry of agrarian affairs/bpn, as referred to in government regulation number 24 of 1997 concerning land registration and regulation of the state minister for agrarian affairs/head of the national land agency number 3 of 1997 provisions for implementing government regulation number 24 of 1997 concerning land registration for systematic land registration is called the measurement and mapping task force while for sporadic land registration it is called the measurement officer. in addition to measuring officers who are pns/asn of the ministry of atr/bpn, the authority to carry out measurements and mapping is delegated to licensed surveyors (loaded in in the elucidation of government regulation no. 24/1997 article 20 paragraph 4 and regulation of the minister of state agrarian affairs/head of land agency no. 3 of 1997 article 77 paragraphs 3, 4 and 5). then for more operations regarding licensed surveyors or licensed surveyors are regulated by the regulation of the state minister for agrarian affairs/head of bpn no. 2 of 1998 concerning licensed surveyors and decree of the state minister for agrarian affairs/head of the national land agency number 8 of 1998 concerning provisions for implementing there is the regulation of the state minister for agrarian affairs/head of the national land agency number 2 of 1998 concerning licensed surveyors. the authority given to skb and kjskb in making and signing the product, the product is not a state administrative decision but is the result of survey and mapping work, one of which is set forth in making measuring drawings, measurement letters, and field maps, different from state administrative decrees issued by the national land agency in the form of a certificate because the decision is issued by a body/official that is concrete, individual and final in accordance with the essence of state administrative decisions in general (wahyono, 2017:221). the role of kjskb as a partner in the ministry of atr/bpn appointed and dismissed by the minister of atr/head of bpn are to assist ministries in conducting surveys, mapping, and management of geospatial data and information in the framework of acceleration land registration and services. the role of a licensed cadastral surveyor in measuring land plots in complete systematic land registration in the city of semarang http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 446 issn print 2086-6852 and issn online 2598-5892 land registration is a form of guaranteeing legal certainty to land rights holders with evidence issued, namely land certificates. land registration itself means a process of officially recording land rights (hat) and ownership rights (on property) (zevenbergen, 2004). in the land registration process a series of activities are required, one of which is measurement by a measuring officer (licensed cadastral surveyor). the definition of a cadastral surveyor is a person who has expertise in the field of cadastral measurement and mapping and the ability to organize cadastral measurement and mapping work, who is authorized to carry out certain cadastral measurement and mapping work in the framework of land registration, either as a community service business or as an agency employee. law that seeks in the field of measurement and mapping (zaenuri, 2019:4). in the process of carrying out a complete systematic land registration in all parts of indonesia, extraordinary supporting capacity is required regarding aspects of human resources, land infrastructure, and implementing regulations. based on research from the research and development center of the ministry of agrarian affairs and spatial planning/national land agency in 2015, data obtained on the number of land parcels in indonesia amounted to 90,622,503 plots with the number of land parcels that had been registered 35,789,766 plots and 54,832,737 plots that had not been registered (zaenuri, 2019:12). so if we only rely on human resources with the status of a state civil apparatus (asn) as measuring officers for the work of measuring the boundaries of land parcels, then it is very impossible to achieve the target of accelerating land registration. for this reason, it is necessary to add measuring officers with asn/pns employment status to complete the measurement and mapping of all land parcels that have not been registered. the existence of licensed cadastral surveyors is very helpful in this complete systematic land registration program because the number of targets for complete systematic land registration is so large that the regional land office appoints these licensed cadastral surveyors to assist in the complete systematic land registration program. indeed, the complete systematic land registration program itself must be completed within 1 year. so that with the help of a licensed cadastral surveyor, he can assist the program according to the time set according to the planning that has been arranged by the kanwil. the role of the licensed cadastral surveyor in the measurement of land plots in the complete systematic land registration of the city of semarang in practice is to carry out surveys, measurements and mapping of land parcels. 1) making a base map for registration; 2) determination of boundaries of land parcels; 3) measurement and mapping of land parcels and preparation of registration maps; 4) measuring drawing; and 5) making land maps. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 447 issn print 2086-6852 and issn online 2598-5892 a licensed cadastral surveyor has a very important role in land surveying and mapping according to their duties in collecting physical data. role is defined as a characteristic that is carried by an actor in a drama stage, which in the social context, role is defined as a position in the social structure. when associated with a licensed cadastral surveyor, because here their position is as a licensed cadastral surveyor, the role that must be carried out is to carry out measurements and mapping in order to collect physical data. land measurement and mapping are basically carried out to find out the shape and extent of existing land and is indeed a task that must be done because it is a characteristic of a licensed cadastral surveyor that differentiates his duties from others. in collecting this physical data, attention must be paid to an important principle in measuring and mapping land parcels, namely the delimitation contradiction principle. the principle of delimitation contradiction itself is to present landowners and neighbors who are bordering at the time of measurement to witness the measurement process. if an agreement has been reached, a licensed cadastral surveyor will ask for a signature on the measurement drawing (gu). the principle of delimitation contradiction itself is to present landowners and neighbors who are bordering at the time of measurement to witness the measurement process. if an agreement has been reached, a licensed cadastral surveyor will ask for a signature on the measurement drawing (gu). the principle of delimitation contradiction itself is to present landowners and neighbors who are bordering at the time of measurement to witness the measurement process. if an agreement has been reached, a licensed cadastral surveyor will ask for a signature on the measurement drawing (gu). in carrying out their role as a licensed cadastral surveyor to help collect physical data for the acceleration of ptsl, a licensed cadastral surveyor has rights and obligations that they must comply with. if they carry out these rights and obligations, they are considered to have carried out their role properly. as contained in the provisions of article 26 that licensed surveyors and kjsb in carrying out their work, are prohibited from: a. committing acts against the law and/or ethics profession; b. unfair and conflicting competition with the provisions of the laws and regulations in get a job from the community or from ministry; c. transfer the work that is his responsibility to other kjsb; d. misuse the results of the work; e. misusing data, documents and/or warkah are in the ministry and/or kjsb; f. reducing and/or adding to existing requirements determined in accordance with regulatory provisions legislation; g. concurrent positions as: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 448 issn print 2086-6852 and issn online 2598-5892 1. advocate, consultant or legal adviser; 2. state civil apparatus (civil servants and government employee with work agreement), employees of state-owned enterprises, agency employees regionally owned business; 3. state officials; 4. land deed official; 5. land appraiser; 6. aediators; 7. administrators of political parties; and/or 8. other positions that are prohibited by regulations legislation; and/or h. on behalf of the ministry for the benefit individual against the law. then in article 21 it is also explained that the kjskb, cadastral surveyor and assistant cadastral surveyor have the right to: a. obtain income for the services provided in accordance with the provisions of laws and regulations; b. obtain data or information from the ministry regarding: 1) type of work to be obtained; 2) physical data relating to the work to be performed; 3) the process of procuring survey and mapping work through the procurement mechanism of goods or services in accordance with the provisions of laws and regulations; and 4) access to land data related to the work to be carried out both analog, digital and the computerized land activities (kkp) system as well as geo-kkp, c. exercising their rights in accordance with the provisions of the legislation. looking at the conditions in the field, the licensed cadastral surveyors have exercised their rights and obligations according to the rules in the article above. as licensed cadastral surveyors who join and form a kjskb, they have fulfilled the requirements for forming a kjskb and indeed have understood what role they have to play in assisting the complete systematic land registration in the city of semarang. they have contributed in accordance with the role that must be carried out in accordance with the agreement made with the semarang city land office. the role of the licensed cadastral surveyor in implementing the complete systematic land registration program in the city of semarang is in accordance with his duties, namely measuring and mapping land parcels which includes making registration base maps, determining land parcel boundaries, measuring and mapping land parcels and making registration maps, making measuring drawings and making maps of land parcels. the legal authority of kjskb in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 449 issn print 2086-6852 and issn online 2598-5892 implementation of ptsl in semarang city is related to land registration work, namely data on the results of field measurements, measuring drawings, maps of land plots, and results of services or other survey and mapping activities in accordance with statutory provisions. different from state administrative decisions issued by the national land agency in the form of certificates because these decisions are issued by bodies/officials that are concrete, individual, and final in accordance with the nature of state administrative decisions in general. 4. conclusion based on the results of the discussion described above, it can be concluded that a licensed cadastral surveyor has a very important role in terms of measuring and mapping land according to their duties in collecting physical data. land measurement and mapping are basically carried out to find out the shape and extent of existing land and is indeed a task that must be done because it is a characteristic of a licensed cadastral surveyor that differentiates his duties from others. in collecting this physical data, attention must be paid to an important principle in measuring and mapping land parcels, namely the delimitation contradiction principle. the principle of delimitation contradiction itself is to present landowners and neighbors who are bordering at the time of measurement to witness the measurement process. if an agreement has been reached, a licensed cadastral surveyor will ask for a signature on the measurement drawing (gu). the current regulation regarding the licensed surveyor is the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 7 of 2021 concerning amendments to the regulation of the minister of agrarian and spatial planning/head of the national land agency number 11 of 2017 concerning concerning licensed cadastral surveyors. references direktorat tata ruang dan pertanahan kementrian perencanaan pembangunan nasional/ badan perencanaan pembangunan nasional. (2016). “kajian persiapan perubahan sistem pendaftaran tanah publikasi positif di indonesia”. direktorat jendral cipta karya kementrian pekerjaan umum dan perumahan rakyat, desember 18th, 2022, “profil kabupaten/kota semarang, jawa tengah. kota semarang”. bps. h widodo. (1997). surveyor kadaster sebuah pemikiran dari pengalaman. martinus. (2020). pengembangan wahana ukur kecepatan arus aliran sungai. barometer, 220– 223. http://dx.doi.org/10.35261/barometer.v4i2.3817 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 450 issn print 2086-6852 and issn online 2598-5892 rachmawati, f. a., choirinnisa, s. a., & latif, l. (2021). integrated land registration system: between legal certainty and challenges (case of semarang city). indonesian journal of advocacy and legal services, 3(2), 217–232. https://doi.org/10.15294/ijals.v3i2.45895 ratrianto, l., murdapa, f., & widyawati, d. r. (2022). peran surveyor berlisensi dalam percepatan pendaftaran tanah di indonesia. jurnal rekayasa lampung (jrl), 1. rudy patar purwanto purba. (2020). penerapan asas kontradiktur delimitasi dalam rangka pendaftaran tanah sistematis lengkap (studi pada kantor pertanahan kota medan). jurnal al-mursalah, 6(1), 1–35. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sukanto, soerjono dan mamudji, sri. 2011. penelitian hukum normatif, suatu tinjauan singkat. raja grafindo persada. sirait, s. y., nazer, m., & azheri, b. (2020). sertifikasi tanah program pendaftaran tanah sistematis lengkap: deskripsi dan manfaatnya. jurnal bhumi, 6(2), 236–248. urip santoso. (2010). pendaftaran dan peralihan hak atas tanah (1st ed.). kencana prenada media group. wahyono, eko budi. “implementasi regulasi tentang surveyor kadaster berlisensi dalam percepatan pendaftaran tanah di kantor wilayah badan pertanahan provinsi sumatera utara”, jurnal bhumi vol. 3 no. 2. 2017. zaenuri, a. (n.d.). peranan kantor jasa surveyor kadaster berlisensi (kjskb) dalam pelaksanaan pendaftaran tanah sistematis lengkap (studi kasus di kantor pertanahan kabupaten karanganyar). zevenbergen, j. (2004). a systems approach to land registration and cadastre. in nordic journal of surveying and real estate research (vol. 1). www.unece.org/env/hs/wpla. zulmiftahul, huda, & khairudin. (2020). pelatihan instalasi sistem plts bagi siswasiswi di smk 2 mei bandar lampung. pelatihan instalasi sistem plts bagi siswasiswi di smk 2 mei bandar lampung., 285–288. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 93 issn print 2086-6852 and issn online 2598-5892 legal protection for outsourcing workers based on perpu no. 2 of 2022 concerning employment creation simon andrean sudarso 1* , miftakhul huda 1 1 faculty of law, university narotama surabaya, indonesia *corresponding author e-mail: simonandrean28@gmail.com article history: received: january 20, 2023; accepted: april 27, 2023 abstract today, many companies use outsourcing workers to support their operations. of course, these outsourced workers expect legal protection that guarantees their rights. at the end of 2022, the government issued perpu no. 2 of 2022 concerning job creation. in this regard, this research examines the legal prot ection for outsourcing workers based on perpu no. 2 of 2022 concerning job creation and the legal consequences of outsourcing companies that do not meet applicable legal provisions. this research concludes that the form of protection for outsourced workers is contained in article 81 number 20 of perpu number 2 of 2022 concerning job creation. outsourced workers also receive legal protection through the tupe principle (transfer of undertaking protection of employment) and there are legal consequences if the outsourcing company does not comply with applicable legal provisions. the outsourcing company may be subject to criminal and administrative sanctions. keywords: outsourcing, legal protection, legal consequences 1. introduction on the basis of pancasila and the republic of indonesia's 1945 constitution, national development is anticipated to produce a society that is prosperous, just, and prosperous for all on an equal basis. naturally, the position of workers has a very important role and position as actors in achieving development goals on a national level. as a result, workers have rights towards other workers and their families in accordance with their status as human beings (darmawan, 2021). the indonesian state constitution, which is based on the 1945 constitution of the republic of indonesia (1945 constitution), stipulates in article 27 paragraph (2) that "every citizen has the right to work and a life that is worthy of humanity." the legal protections and human rights of workers are governed by and safeguarded by this article. according to article 28 d, paragraph 2 of the second amendment of the 1945 constitution, "every person has the right or is entitled to get a job and receive compensation and also fair and proper treatment in a working relationship." in the reform age, the idea of human rights is openly and unequivocally recognized in this way. the right to work is one of the human rights that must be respected in order for it to be applied in light of this. structural changes in business management, which aim to reduce the span of management control for greater effectiveness, efficiency, and productivity, have led to an increase in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:simonandrean28@gmail.com vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 94 issn print 2086-6852 and issn online 2598-5892 outsourcing system or what is known as outsourcing (sutedi, 2011). outsourcing is the transfer of a portion of the workload from the employer to the provider of services to employees or labourers (maimun, 2007). when viewed from the perspective of employment, outsourcing is the use of labour to produce or carry out a task assigned by a labour supply firm (husni, 2008). or, to put it another way, outsourcing is a type of contract that takes place when a business enters into agreements with other businesses to perform specific services within a predetermined time frame (mather, 2008). in 2018, outsourcing employed 16 million people, which is 40% of the total workforce in indonesia, and provided benefits to the indonesian economy (izzati, 2017). perpu no. 02 of 2022 revokes law number 11 of 2020 concerning job creation and amends some provisions of law number 13 of 2003 concerning manpower, one of which relates to the provision of outsourced workers. therefore, the study of work with an outsourcing system is very interesting to discuss regulations and their application so that outsourced workers get protection. based on the background above, the author has chosen the title "legal protection for outsourced workers based on government regulation no. 2 of 2022 concerning job creation." 2. research method in this research, the type of research deployed was normative legal research. the problem approach in normative legal research involved the application of a particular legal issue by reviewing applicable legislation. this approach uses the statutory approach. analysis of the study's findings involved critiquing, supporting, or making remarks before drawing conclusions based on the findings with the help of a literature review and one's own ideas. the analytical method for this type of normative legal research is in the form of a prescriptive method, which provides an assessment (justification) of whether the object under study is right or wrong, or what should be according to the law. sources of legal materials this study uses primary and secondary legal materials, including laws and regulations, all legal publications, such as books, texts, legal dictionaries, and legal journals. 3. results and discussion legal protection for outsourced workers based on government regulation no. 2 of 2022 concerning job creation legal defense of human rights when they are violated by others provides the community with access to all legal rights (nursalim & suryono, 2020). on december 30, 2022, the government formally enacted government regulation in lieu of law (perpu) number 2 of 2022 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 95 issn print 2086-6852 and issn online 2598-5892 for job creation. law no. 11 of 2022 is ruled invalid as per the publishing of perpu no. 2 of 2022 addressing employment creation. the outsourcing system was previously regulated in law number 13 of 2003 concerning manpower, which was then amended in perpu number 2 of 2022 concerning job creation. indonesia itself does not yet have a separate law that regulates outsourcing, although the rules regarding outsourcing are regulated in articles 64 to 66 of law number 13 of 2003 concerning manpower in conjunction with perpu number 2 of 2022 concerning job creation. with the issuance of perpu number 2 of 2022 concerning job creation, it is hoped that there will be protection for outsourced workers. perpu no. 2 of 2022 concerning job creation related to employment is regulated in article 81 number 1-71. and for outsourced workers, it is regulated in article 81 number 18-19 of perpu number 2 of 2022 concerning copyright. the form of protection for outsourced workers is contained in article 81 number 20 of perpu number 2 of 2022 concerning job creation, where the article changes the wording of article 66 of law number 13 of 2003 concerning manpower to become: (1) a written work agreement, either one for a set period of time or one without one, establishes the basis for the employment relationship between an outsourced firm and the worker or labourer it employs. (2) the outsourcing company manages worker/laborer protection, salaries and welfare, working conditions, and any disputes, at least in accordance with the requirements of laws and regulations. (3) if the outsourcing company hires workers or labourers based on a work agreement for a specific period of time as mentioned in paragraph (1), the work agreement for a specific period of time must stipulate that if the outsourcing company changes and the job's primary objective remains the same, the transfer of protection of rights for workers or labourers must also occur. (4) the outsourced company mentioned in clause (1) is a legitimate business that must adhere to the terms of a central government-issued business permit. (5) the licencing of an undertaking, as mentioned in clause (4), must adhere to the rules, regulations, guidelines, and standards established by the central government. (6) a government regulation governs additional requirements relating to worker/laborer protection as described in paragraph (2) and company licencing as mentioned in paragraph (4). based on the changes above, it can be seen in paragraph 1 that the working relationship between outsourcing companies and the workers/laborers they employ is based on a written work agreement, either a specified time work agreement (pkwt) or an unspecified time work http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 96 issn print 2086-6852 and issn online 2598-5892 agreement (pkwtt). this is a form of protection for outsourced workers, where there is clarity regarding the working relationship that occurs between outsourced workers and outsourcing companies. that way, outsourced workers also get the same rights as workers/laborers who are employed through a specified time work agreement (pkwt) or an unspecified time work agreement (pkwtt). then, paragraphs 2 and 3 also contain legal protection for outsourced workers. according to the lines, the outsourcing business is in charge of overseeing working conditions, salaries and welfare, worker/labor protection, and any issues that may arise. if the worker is employed based on a work agreement for a certain period of time (pkwt), the agreement must specify that the worker's rights must be transferred if the outsourced firm changes and for as long as the job is performed there. this is also a form of protection for outsourced workers, so that if the outsourcing company goes bankrupt based on a court decision, the outsourced workers will have clarity regarding who has the obligation to fulfill their rights. in paragraph 4, it states that "the outsourcing company as referred to in paragraph (1) is in the form of a legal entity and must comply with the business permit issued by the central government". this is also included as an effort to protect outsourced workers because with an outsourcing company in the form of a legal entity, it is certain that the outsourcing company has clear legality. tupe (transfer of undertaking protection of employment) as a form of protection for outsourced workers legal protection for workers is one of the essential things which is then constantly being evaluated and improved because several arrangements often put workers in a weak position. such conditions have the potential to result in exploitation and reduction of the rights that they should receive as workers. social relations between workers and employers are thus filled with fundamental conflict because they are one-sided and exploratory (susetiawan, 2000). in an effort to increase legal protection for workers, especially for outsourced workers who are bound or based on pkwt. the constitutional court through decision of the constitutional court no.27/puu-ix/2011 emphasized that employers can implement an outsourcing system with pkwt status as long as the pkwt then contains a clause that guarantees protection of workers' rights (tupe) (agus sudiarawan, 2015). an outsourcing company z may take over a project that was previously handled by an outsourcing company y while the employee is still employed by the original company, in accordance with tupe (transfer of undertaking protection of employment) (agus sudiarawan, 2015). it is also known as the concept of transmitting preventive measures. the constitutional court decision case number 27/puu-ix/2011 (mk decision), which outlines the legal considerations of this principle, states that: "by applying the principle of transfer of protection, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 97 issn print 2086-6852 and issn online 2598-5892 when the employer company no longer provides contract work or worker/labor service providers to an old outsourcing company, and assigns the work to a new outsourcing company, then as long as the work ordered to be done is still there and continues, then the principle of transfer of protection shall apply. the basic concept of this tupe clause contains a provision that the employment relationship of the worker concerned will be continued at the next company in the event that the object of their work remains there. if the work object still exists while the conditions for the transfer of rights protection are not regulated in the pkwt, then the worker's employment relationship automatically changes to pkwtt. technically, the terms of the pkwt can be regulated in the closing part of the agreement. in the end, this clause serves as a measuring tool to assess the form of a working relationship, whether it is in the form of pkwt or pkwtt. the government regulation no. 35 of 2021 covering work agreements for specific periods, outsourcing, working time and rest time, and termination of employment now includes article 19 that outlines the tupe (transfer of undertaking protection of employment) principle. it refers to: (1) if the outsourcing company hires workers/labourers based on pkwt, the work agreement must stipulate that rights protection for workers/labourers be transferred in the event that the outsourcing company changes and for as long as the job's objectives remain the same. (2) the requirements for the transfer of rights protection mentioned in clause (1) serve as a guarantee for the continuity of employment for workers/labourers associated with pkwtbased activities in an outsourcing firm. (3) the outsourcing company is in charge of ensuring that workers' and labourers' rights are upheld if they do not get the assurance of continued employment mentioned in paragraph (2). according to the article, if an outsourcing company (outsourcing) hires workers based on pkwt, the work agreement must stipulate that workers' rights must be transferred if the outsourcing company changes and for as long as the work is still being done at that location. this is a form of guarantee of protection for outsourcing workers so that later, if the outsourcing company is declared bankrupt based on a court decision, workers' rights can still be fulfilled. in particular, the tupe principle (transfer of undertaking protection of employment) should be able to provide benefits to workers. there are two types of transfers protected under tupe (transfer of undertaking protection of employment), namely business transfers and changes in service provision. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 98 issn print 2086-6852 and issn online 2598-5892 legal consequences of outsourcing companies that do not meet applicable legal provisions legal consequences refer to the consequences given by law for a legal event or action of a legal subject (mas, 2003). according to hamidi, (2006), the term legal impact/legal effect implies a direct, strong, or explicit legal impact or effect. in legal science literature, three types of legal consequences are known, as follows: legal repercussions include: a. the emergence, change, or disappearance of a particular legal situation; b. the emergence, change, or disappearance of a particular legal relationship; c. sanctions that are not desired by legal subjects (acts that violate the law). the legal consequences discussed in this study are in the form of sanctions, which are not desired by legal subjects (acts against the law). the discussion of legal consequences starts with the existence of legal relations, legal events, and legal objects. according to dirdjosisworo, (2010) in his book introduction to law, legal consequences arise because of legal relations, where there are rights and obligations. events or incidents that can give rise to legal consequences exist between parties who have a legal relationship, and these legal events exist in various aspects of law, both public and private law. in order for a legal consequence to arise, rahardjo, (2000) formulates that there are two stages, namely the existence of certain conditions in the form of the occurrence of an event in reality, which fulfills the formulation in the legal regulations referred to as the legal basis. it is advisable to distinguish between legal basis and regulatory basis by referring to legal regulations that are used as a frame of reference. in law number 13 of 2003 concerning manpower, there are two types of sanctions regulated in chapter xvi, namely criminal provisions and administrative sanctions, which are regulated in articles 183–190 (yuliardi & santoso, 2022). however, after the issuance of perpu no 2 of 2022 concerning copyright, several articles contained in chapter xvi regarding criminal provisions and administrative sanctions in law number 13 of 2003 concerning manpower were deleted and amended. the article that was deleted was article 184, and the article that was amended was articles 185–190. according to law number 13 of 2003 concerning manpower and perpu no 2 of 2022 concerning job creation, if an outsourcing business violates any applicable legal requirements, notably those affecting employment, legal repercussions may be brought against them. criminal penalties could be one of these repercussions. article 81, number 66, about job creation, of perpu no. 2 of 2022 modifies article 185 of law number 13 of 2003 about manpower. it states that if an outsourcing company violates provisions such as employing children (article 68), failing to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 99 issn print 2086-6852 and issn online 2598-5892 provide opportunities for workers to perform religious duties required by their religion (article 80), failing to provide rest for female workers for 1.5 (one and a half) months before giving birth to children and 1.5 (one and a half) months after giving birth, calculated by the obstetrician or midwife, or failing to give 1.5 (one and a half) months of rest for female workers after having a miscarriage (article 82), not paying wages to workers/labor according to the agreement (article 88 a paragraph 3), or if the company outsourcing pays wages to workers lower than the minimum wage (article 88e paragraph 2), obstructing or arresting workers/laborers and trade unions/labor unions who carry out legal, orderly, and peaceful strikes in accordance with applicable laws and regulations (article 143), not paying severance pay and/or gratuity pay and compensation for rights that should be received by workers (article 156 paragraph 1), and not employing workers/laborers again after being declared not guilty according to a court decision (article 160 paragraph 4), then the corporation might be fined a minimum of rp. 100,000,000.00 (one hundred million rupiahs) and a maximum of rp. 400,000,000.00 (four hundred million rupiahs) and/or imprisoned for a minimum of 1 (one) year and a maximum of 4 (four) years. perpu no. 2 of 2022, number 67, addressing job creation, amends article 186 of law number 13 of 2003 related to manpower. it states that if an outsourcing company fails to pay its workers' wages because the worker is sick, if female workers are sick on the first and second day of their menstrual period, if the worker is absent from work because of marriage, circumcision, baptism of a child, giving birth or having a miscarriage, if the husband or wife or children or inlaws or parents or in-laws or family members in the same household die, if the worker cannot do his job because he is carrying out his obligations to the state, if the worker is unable to do his job for carrying out the worship ordered by his religion, if the worker/laborer is willing to do the work that has been promised but the entrepreneur does not employ him, either due to his own mistakes or obstacles that the entrepreneur should have avoided, if workers/laborers exercise the right to rest, if the worker/laborer performs the tasks of a trade union/labor union with the approval of the entrepreneur, and if workers/laborers carry out educational tasks from the company (article 93 paragraph 2), then the company, in this case an outsourcing company, may be subject to imprisonment for a minimum of 1 (one) month and a maximum of 4 (four) years and/or a minimum fine of rp. 10,000,000.00 (ten million rupiah) and a maximum fine of rp. 400,000,000.00 (four hundred million rupiah). in accordance with the provisions of article 81 number 68 of perpu no. 02 of 2022 concerning job creation, which amends article 187 of law number 13 of 2003 concerning manpower, entrepreneurs/directors of outsourcing companies can also face criminal sanctions. if an outsourcing company fails to pay overtime wages (article 78 paragraph 2), fails to provide time http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 100 issn print 2086-6852 and issn online 2598-5892 for rest and leave or violates provisions for weekly rest, annual leave, etc. (not in accordance with article 79 of the manpower act as amended by the job creation perpu), or does not provide overtime pay to workers who work on statutory holidays (article 85 paragraph 3), it may be subject to criminal sanctions of imprisonment from 1 to 12 months and/or a fine of idr 10,000,000.00 (ten million rupiah) to idr 100,000,000.00 (one hundred million rupiah). apart from criminal sanctions, outsourced companies may also face administrative sanctions. provisions regarding administrative sanctions are included in article 81 number 70 of perpu no. 02 of 2022 concerning job creation, which amends article 190 of law number 13 of 2003 concerning manpower. articles 5 and 6 of the manpower law, which prohibit discrimination, as well as article 81 point 17 perpu cipta kerja, which adds article 61a to the manpower law, which modifies the wording of article 66 of the manpower law, which modifies the form of article 66, which modifies the implementation of an integrated management system, provide additional grounds for administrative sanctions against an outsourcing company. a government legislation will later specify the kind of administrative penalties that will be applied to outsourced corporations who violate these rules. the administrative penalties are governed by government regulation no. 35 of 2021 on work agreements for specific time, outsourcing, working time and rest time, and termination of employment. for violations of article 15 paragraph (1), article 17, article 21, article 22, article 29 paragraph (1) letters b and c, article 53, and/or article 59, administrative sanctions are imposed under article 61 of the government regulation. the punishments could include: a. written warning; b. restrictions on business activities; c. temporary suspension of part or all of the means of production; and d. suspension of business. according to article 61 paragraph 2 of government regulation no. 35 of 2021 concerning work agreements for specific periods, outsourcing, working time and rest time, and termination of employment, the application of administrative punishments as mentioned above takes place in stages. 4. conclusions in accordance with perpu number 2 of 2022 about job creation, article 81, paragraph 20, defines the protection for outsourced employees. this provision amends provision 66 of law number 13 of 2003 concerning manpower to offer protection for outsourced employees. outsourced workers are also protected under the tupe principle (transfer of undertaking http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 101 issn print 2086-6852 and issn online 2598-5892 protection of employment), as stated in article 19 of government regulation no. 35 of 2021 concerning work agreements for specific periods, outsourcing, working time and rest time, and termination of work relationship. if an outsourcing company fails to comply with applicable legal provisions, it can face criminal and administrative sanctions. after the issuance of perpu no 2 of 2022 concerning job creation, the criminal sanctions are regulated in articles 183, 185 189. meanwhile, administrative sanctions are regulated in article 61 of government regulation no. 35 of 2021 regarding time work agreements, certain outsourcing, working time and rest time, and termination of employment. references agus sudiarawan, k. (2015). setting the principles of transfer of undertaking protection of employment (tupe) in the world of indonesian employment (among potentials and barriers). jurnal magister hukum udayana (udayana master law journal), 4(4), 796–804. https://doi.org/10.24843/jmhu.2015.v04.i04.p18 darmawan, a. (2021). legal regulations against outsourcing workers in view of the labor law and the job creation law. varia hukum, 3(2), 13–25. https://doi.org/10.15575/vh.v3i2.12607 dirdjosisworo, s. (2010). introduction to law. pt. king of high grafindo. hamidi, j. (2006). indonesian legal revolution: meaning, position, and legal implications of the 17 august 1945 proclamation text in the republic of indonesia’s constitutional system. press constitution & image media. husni, l. (2008). indonesian labor law. pt. rajagrafindo persada. izzati, n. r. (2017). improving outsourcing system in indonesia: fixing the gap of labor regulations. mimbar hukum fakultas hukum universitas gadjah mada, 29(3), 528–541. https://doi.org/10.22146/jmh.28372 maimun. (2007). employment law: an introduction (cetakan ke). pt. pradnya paramita. mas, m. (2003). introduction to law. ghalia indonesia. mather, c. (2008). taming the trojan horse: the labor union’s struggle to confront the contract/outsourcing system. turc (trade union rights center). nursalim, c. r. p., & suryono, l. j. (2020). labor legal protection in outsourcing work agreements. media of law and sharia, 2(1), 47–62. https://doi.org/10.18196/mls.v2i1.11478 rahardjo, s. (2000). legal studies. pt. king of high grafindo. susetiawan. (2000). social conflict, sociological studies, labor relations, companies and the state in indonesia. student library. sutedi, a. (2011). labor law. sinar graphics. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 102 issn print 2086-6852 and issn online 2598-5892 yuliardi, a. d., & santoso, i. b. (2022). responsibility of outsourcing companies for the protection of workers in various aspects according to indonesian positive law. gorontalo law review, 5(1), 190–201. https://jurnal.unigo.ac.id/index.php/golrev/article/view/1820/932 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 bank indonesia policy in critical settlement of national banking surti yustianti 1, syamsul komar 2, faculty of law legal studies program 1,2merdeka university surabaya email: surtiyustianti@gmail.com abstract: this study aims to determine responsibility for the measures taken by bank indonesia in accordance with its authority and position assigned to bank indonesia officials. policy made by bank indonesia can be right or wrong with the principles of prudence and in good faith. bank indonesia officials have authority related to their positions. if there is an element of bad faith and lack of prudence in their authority that results in financial losses of the state, these policies can be categorized as a crime in the banking sector. if a bank indonesia official made a mistake in implementing the policy, he holds authority and personal responsibility. keywords: policy, bank indonesia officials, job responsibilities and personal responsibility. 1. introduction banking is a very important financial institution in maintaining the stability of the country's economy. the stability of the banking industry is necessary to maintain public confidence in bank institutions, thus monetary and banking crisis in 1998 will not happen again. trust in banking institutions is a key element and this trust can be obtained with legal certainty in the regulation and supervision of banks and the guarantee of bank customer savings to improve the viability of the bank's business in a healthy way. in creating legal certainty, the law is formed by the people to organize their lives, in other words the law is constituted by and applied to society for the sake of order, peace, and the welfare of society. law is generally understood as "a system of norms or sets of rules that govern life together in society, this is the overall rules of behavior that apply in the common life and can be forced to implement with a sanction". law is legality "the hard fact is that sometimes we must of make decisions we do not like. we make them because they are right, right in the sense that the law and the constitution, as we see them, compact the result ". in legal philosophy there are two dimensions of truth. first, material truth, this is where we attain truth when our thinking (judgment) corresponds with reality. a statement is true if it matches reality. the law is not single, law is changed and the election of law occurs because the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 process of thinking about the facts to obtain the truth. thought of law philosophy is the result of a human being that manifests as cultural concepts of a reality associated with value. second is formal truth, where statements based on logical coherence are true. it marks the extent and limitation of thinking powers, the power of our mind to the extent of the truth we know. thoughts that are not based on the truth do not have power, while according to immanuel kant, ethical and jurisprudential reasoning is a cornerstone and foundation for the real thinker. based on the preferred ideology, the concepts can be easily created by itself from the conscience and instinct of each individual without any recommendation or necessity to go through experiments or research. power is the ability of a person or group of people to influence other people/groups so that in accordance with the wishes of people who have that power. power is the ability to influence the general policy of both its formation and its consequences in accordance with the wishes of power owners. the part power of social power is directed to the state as the only institution in power. restriction of state power with the state organs by applying the principle of dividing power vertically or separation of power horizontally is present. in accordance with the law of power, each power must have had a tendency to develop into arbitrarily as the opinion of lord acton: "power tends to corrupt, and absolute power corrupts absolutely". to avoid arbitrarily as proposed by tatiek sri djatmiati in her dissertation that describes the relationship of administrative law and authority, administrative law or rule of law "administrative recht" or "bestuurs recht "contains legal norms of the government into the parameters used in the use of authority by government agencies. the parameters used in the use of these powers is legal compliance or not compliance with the law ( "improper legal" or "illegal improper"), that in case of use of authority conducted "improper illegal" then the appropriate governmental agencies is accountable.1 elements of authority possessed by bank indonesia in the condition that a bank jeopardizes the continuity of the bank's business results in policies because of its authority to act, an urgent need in achieving the objective to control the systemic condition in rescuing the national banking. the authority to carry out the policy is discretionary power. discretionary power could happen if legislation does not regulate the authority of the government or legislation contains vage norm in the granting authority. 1 tatiek sri djatmiati, prinsip ijin usaha industri di indonesia, disertasi program pasca sarjana universitas airlangga, surabaya, 2004, h. 62-63. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 as stated by nur basuki winarno in his dissertation, the first thing usually happens in urgent situation and it is necessary to take a policy or decision but the basis of action is not existed while government cannot stop. in policy making of overcoming liquidity difficulties, misuse and misappropriation are found in various deviations that resulted to harm the state finances. based on this background, the paper discuss philosophy of bank indonesia's policy in granting bail (bail out) to bank in a state of crisis whether it is in accordance with rules of banking law, uubi, fsa act. 2. discussion 2.1.policies philosophy bank indonesia's policy in making healthy banking is an endless problem. the state in this case bank indonesia is very diverse, from the existence of deviations from policy implemented, abuse of authority to the policy for healthy banking is a criminalization. m. solly lubis formulates policy interpreted into policy, while policy is referred to as wisdom. wisdom in the sense of policy or wisdom, is a deep thought/consideration to be the basis for policy formulation. policies are a set of decisions taken by politician to choose goals and how to achieve the objectives. policy has diverse meaning, harold d. lasswell and abraham keplan givemeaning to the policy as "a projected program of goals values and practices".2 in his book, m. irfan islamy proposes "principles of state policy formulation" as a set of actions defined and implemented or not implemented by government that has a purpose or orientation towards a particular purpose for the benefit of the whole society.3 in jurisdiction, policy issued by the government solely exercise authority based on the law, in addition to the validity of the legality principle. to achieve better results in all exercises of authority, the government needs freedom to act alone known as ermessen.4 according to bagir manan, authority means the right and obligation (rechten en plichten). right contains freedom to do or not do certain acts or by another party to perform certain actions, obligation contains necessity to do or not do.5 2 op. cit., h. 15-17 3 m. irfan islamy, prinsip-prinsip perumusan kebijaksanaan negara, pt. bumi aksara, 2003, jakarta, h. 20. 4 irfan fachruddin, pengawasan peradin administrasi terhadap tindak pemerintah, alumni, bandung, 2004, h. 2. 5 ibid h. 40 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 regulatory policies (beleids regal) are actually a product of the state administration on the basis of use ermerssen. ermessen represents the freedom granted to state administration in the framework of governance, in line with the increasing demand for public services6. related to public services, bank indonesia as the central bank has three task areas, (1) establishing and implementing monetary policy, (2) managing and maintaining a smooth payment system and (3) arranging and supervising banks, but in this chapter will only discusses bank regulation and supervision.7 in the framework of carrying out the task of regulating and supervising the bank, pursuant to the provisions of article 24 of law no. 23 of 1999 concerning bank indonesia, bank indonesia regulates, grants and revokes licenses for certain institutions and business activities from banks, conducts bank supervision, and impose sanctions on banks in accordance with the provisions of legislation. in principle the creator of political decision maker has power or authority to do so. the source of obtaining authority in conducting bank rescue process is a legitimate authority. the legitimate authority according to philip m. hadjon is obtained through three sources: attribution, delegation and mandate.8 other attributions authority is called the authority established by the act, article 1 point 8 of the government administration bill (ruu-ap) formulates that the authority of attribution is the authority established by legislation for governmental bodies or officials. delegation authority comes from delegation, while mandate authority comes from assignment. delegation and mandates in draft of government administrative law has clearly distinguished. mandate in delegation procedure is routine relationship of superior of subordinate, this may be strictly prohibited. delegation is procedure of devolving from a government organization to another person, with the rules of the act of responsibility and accountability of the mandate fixed to the mandatory, delegate is responsible and accountable to delegators. 6 laila marjuki, peraturan kebijakan (beleidsregel), hakekat serta fungsinya selaku sarana hukum pemerintahan. 7 undang-undang no. 3 tahun 1999 tentang bank indonesia jo undang-undang no. 3 tahun 2004 tentang perubahan atas undang-undang ri no. 23 of 1999 concerning bank indonesia. 8 philipus m. hadjon, rencana undang-undang administrasi pemerintahan dalam pembangunan administrasi, makalah lokakarya hukum administrasi dan korupsi, diselenggarakan oleh departemen hukum tata usaha negara, fh unair, surabaya, 28 oktober 2008, h. 3-4. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 the differences are illustrated as follows:9 mandate delegation a. procedure delivery superior -subordinate relationships are normal unless strictly prohibited from a governmental organ to other organs with laws and regulations. b. responsibility and accountability still to mandate giver the responsibilities of office and accountability turn to the delegator. c. the possibility of the giver using that authority again at any time may use the authority itself. unable to use the authority again except following contrarius actus d. official script an, ub, ap without an, and others (direct) in addition, the responsibility of the parties to the bailout to rescue banks is associated with positions of responsibility carried and can be personal responsibility. the concept of position will determine whether an act of government is administrative law or act of civil law. in implementing the policy to save bank, there are many abuse of power conducted by parties involved in the bank restructuring process, ranging from apparatuses at bank indonesia, in the ministry of finance and at the bank level to be saved. abuses committed by parties involved in the restructuring process of banks can be categorized as a crime or will conduct", is a rogue behavior. behavior in english is "conduct". such behavior could be "perform an act" which in english is called "act" or "commission". an act is an evil behavior if the behavior, according to the norm prevailing in the society, is prohibited to be done by the person concerned, as it is contrary to the norms of the prevailing society. the formation of a special committee of the house of representatives to address century case involving considerable amounts of money of rp 6.7 trillion is an example. the occurrence of this century bailout case is a result of bank indonesia policy to deal with banks in crisis conditions. bank indonesia as the central bank issued its funds to control systemic condition in order to save the national banking system. the aim to control the systemic conditions and save national payment systems is the core consideration of bank indonesia bailout policy because of difficulty faced by the banks which is the responsibility of the government. therefore, the bailout is calculated with the government. 9 phillipus m. hadjon, kebutuhan akan hukum administrasi umum, h. 21. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 in granting bail out from bank indonesia to rescue the bank, new policies, including policy in the field of banking is necessary. related to policy in the field of banking, regulatory legislation in the form of a policy (beleidsregel) is a rule of law established by officials /or body of the state administration on the basis of the authority derived from their beoordelingsruimte surijheid broordeling beleidesvrijheid or freies ermessen.10 van kreveld suggests the main feature of a regulatory policy are as follows: a. the establishment of a policy regulation is not based on a provision that clearly stems from the attribution or delegation of the constitution and the law. b. formation may be written and unwritten sourced on the authority of a free government agency, or only based on general rules and regulations that provide policy space to officials or administrative bodies on their own initiative to take regulatory and regulatory public legal actions. c. content of rules are flexible or general without explaining to the citizens about how the government agency should exercise its free authority over the citizens of the community in the prescribed situation (subject to) a rule. d. juridical editors of regulatory policies are formed in the form of statutory regulations and are promulgated in the government's periodic newsletters, although in their consideration they do not refer to any higher law or regulation which authorizes its formation to the relevant governmental body. e. its juridical format may also be determined by a state official or administrative body having a discretionary space for it. furthermore, bagir manan provides an overview of the policy regulations as follows: a. regulatory policy cannot be categorized as regulation in the form of regeling, b. principles of restriction and testing of legislation are not applicable to policy rules, c. regulatory policy cannot be tested in wetmatigheid because there is no legislation basis for decision-making regulatory policy, d. policy regulations are made on the basis of freies ermessen and in the absence of the administrative authority of the state concerned to make laws and regulations (either because they are generally not authorized or the objects concerned are not authorized to organize) e. review on regulatory policy is arrowed more towards "doelmatighheid", that the test stone is decent governance principles, 10 jh van kreveld, beleids urijheid in head rect, klewes-deventen, 1983, h. 3. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 f. in practice, the policy rules format given in various forms or types of rules, such as: a ministerial decree, inst ruksi ministers, ministerial circulars, announcements, and others. it can even be found in the form of a ministerial regulation.11 more on regulatory policy, attamimi noted a number of similarities and differences attamimi notes a number of similarities and differences between legislation and policy regulations as follows: a. legislation and regulatory policies have general and abstract equations, outward and public. b. the difference between legislation and regulatory policy are as follow: 1) the establishment of legislation is a function of the state. 2) the function of the formation of a policy regulation lies with the government in the narrow sense (executive), 3) the material content of legislation is fundamental in regulating the living order of the community such as holding orders and prohibitions to do or not to do something which, if necessary, accompanied by criminal and penalty sanctions, 4) the substance of the policy regulations relating to the authority of forming the decisions in the sense beschikkingen, the authority to act in the field of private law, and the authority to make plans. 5) product of actions the agency or official of the state administration which aims to show off as a policy or written rules, but without authority rulemaking from agencies or state administrative official who create policy rules.12 regulatory policies (beleidsregel) is essentially a product of the actions of the state administration aimed naar buiten gebracht schriftelijk beleid (show out a policy written) but without the authority of agency rulemaking or administrative official who created the policy regulations.13 in beleidsregel authority or official body of the state administration in making policy rules based on the principle of freedom of action. this ermessen term commensurate with discretionair which means at the discretion of, and as an adjective means according to the 11 bagir manan, peraturan kebijakan, makalah penataan dosen fakultas hukum seluruh sumatera, fakultas hukum universitas andalas, padang, 5 april 1994. 12 a. hamid s. attamimi, perbedaan antara peraturan perundang-undangan dan peraturan kebijakan, pidato dies natalis ptik ke 46, perguruan tinggi ilmu kepolisian, jakarta, 17 juni 1992. 13 philipus m. hadjon, pengantar hukum administrasi indonesia (yogyakarta, gadjah mada university press, 1994), h. 152. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 authority or power that is not or not entirely bound to the act.14 implementation ermessen this through the act of administration tools the state can be either:15 a. establish regulations under the act that materially binding general, b. issue beschikking which is concrete, individual and final, c. necessary to follow the administration of real and active, d. running judicial functions, especially in the case of "mind" and "appeals administration", principle ermessen can be used by the government if: a. there is a legal vacuum, b. laws exist, but incomplete, c. laws exist, but there is vagueness, causing a lot of interpretation and / or, d. all are intended for the public interest , regulatory policy can not be categorized as a rule in the form of regeling. agency issued regulations that policy is, incaso,does not have the authority. regulation of public policy does not bind directly, but have legal relevance. policy regulations provide opportunities how a state administrative authority running the government. ermessen is the freedom given to the state administration in the framework of governance, in line with the increasing demands of public service(bestuarszor)which must be given to the state administration on the social and economic life of citizens is increasingly complex. in relation to bank indonesia's policy in handling the national banking crisis, there is no specific offense in the formulation of the banking act, and no one rumusanpun that can be used to reach perpetrators of misappropriation of funds from bank indonesia policies. table i formulation ingredients in regulatory authority of bank indonesia in indonesia banking no legislation authority to bank indonesia ingredients 1 section 37a of the law of the republic of indonesia number 10 of 1998., , bank indonesia was given broad authority: "if according toregulation bank indonesiaof banking difficulties arise that endanger national economy. , , 2 article 33 of law in the event of a bank,according to 14 fokema andreas, kamus istilah hukum (terjemahan), saleh adiwinata et. al (trans), bandung, bina cipta, 1983, h. 98, 145. 15 saut panjaitan, makna dan peranan freies ermessen dalam hukum administrasi negara. dimensi-dimensi pemikiran hukum administrasi negara, yogyakarta, uii press, 2001, h. 115. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 number 23 of 1999 bankindonesia jeopardize the survival of a bank and endanger the system. , , 3 of law number 13 of 1968, article 22, article 27 (2) b, article 29 (1) bank indonesia may help liquidity loans to banks to address liquidity problems in an emergency 4 of act number 3 of 2004 amendment of the number 23, 1999, article 11 (5) and (4) the provisions and procedures for decisionmaking regarding the difficulties that berdmpak systemic banks. , , 5 of law number 13 of 1968 concerning bank indonesia article 32 bank indonesia can also provide liquidity loans to commercial banks to address liquidity in emergencies 6 article 37 (2) of law number 7 of 1992 concerning banking in the case of a bank experience liquidity difficulties endangering its survival, bank indonesia may take other actions in accordance with the legislation in force 7 article 24 of law number 23 of 1999 concerning bank indonesia as amended by act of the republic of indonesia number 3 of 2004 in order to implement duties as referred to in article 8 c, bank indonesia set rules, grant and revoke permission for institutional and certain business activities and impose sanctions against the bank in accordance with the legislation with the enactment of law no. 21 year 2911 on financial services authority and supervising banks shift from bank indonesia to ojk, banking regulation and supervision in ojk law is regulated in article 5, article 6 a and article 7 of ojk law. while law ojk law is applies, task of bank indonesia still performed by bank indonesia, this can be seen in article 37 paragraph (2), article 39, article 40 and article 41 of law financial services authority. 2. 2. concept of personal responsibility and position responsibilities the concept of administrative law, since the beginning of the responsibility of the state is a dominant element in administrative law that aims to protect citizens against government action. if a ruler commits an offense, he is just like an ordinary person responsible for the harm he incurred. in assessing the unlawful nature of the deeds of the authorities is determined by another measure than for the individual as the superior, that individual in his conduct is driven by his own interests, while ruler is to serve the public interest. if the ruler participates in public traffic in an equivalent position to the individual, he can be accounted for under article 1365 bw, which is a civil liability accountable to the offense of the ruler. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 the situation explains that responsibility or accountability of the state relates to the concept of state administrative law concerning the use of authority possessed by the authorities in performing the duties for public service. responsibility or liability related to the use of state of government authority in the functioning of public service. in carrying out these functions can arise losses/suffering for the community. harm to the community may occur due to a defect in the use of authority or in connection with the behavior of the apparatus as a person, both of which become parameters of whether or not a state responsibility or accountability for damages exists. there are two errors of liability: 1. faute personelle (personal fault) 2. faute de servi ce (position fault) personal fault (faute personelle) is a personal mistake as a part of the government. the mistake made is not related to public service, but shows weakness of the person, due to lack of caution or negligence. positions fault (faute de servia) occurs because of an error in the use of authority, and is only concerned with the service. state liability (liability) is associated with the element lour faute de (a big mistake and dirty), with special requirements in the field of discretion. discretion authority in narrow sense is freedom of wisdom which means when the legislation gives certain authority to the organs of the government, the organ is free to (not) use even though the terms for its use are lawfully fulfilled. freedom of assessment (discrecy authority that is not true) is a right granted by government organ to assess independently and exclusively whether the conditions for the implementation of a legally authorized fulfilled. sometimes the government is required to act something to overcome certain circumstances, in this regard bank indonesia action in handling banking crisis is performed to achieve the goal to control the systemic conditions and save the national banking. law of the republic of indonesia no. 23 of 1999 on bank indonesia article 33 amendment to law of the republic of indonesia no. 3 of 2004 on bank indonesia states: in the event that the condition of a bank in the judgment of bank indonesia jeopardizes the continuity of the business of the bank concerned, and / or jeopardizes banking system or difficulties of banks that endanger national economy, bank indonesia may take action as stipulated in the prevailing banking law. it is in these circumstances bank indonesia, due to its authority, provide policies to restore the condition of banking system. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 implementing task of restructuring banks, institutional framework or institutional coordination role is very important. the lack of optimum cooperation between bank indonesia and related institutions, especially the ministry of finance and the deposit insurance corporation (lps) greatly affects the settlement activities of bank restructuring. poor coordination is a legal weakness. in administrative law, bank indonesia's policy is known as ermessen principle. this is a principle of giving freedom of action to the government officials, especially in carrying out administrative functions. this freedom of action may be exercised by the government apparatus in the following terms: a. there is no legislation governing the settlement in ceoncreteo to a particular problem, but the problem demanding immediate settlement. b. laws and regulations on which the government apparatus provides freedom. c. government officials are given power to self-regulate. implementation of ermessen principle is an opportunity for the loss of individual due to the actions of the government apparatus. this is in accordance with philip m. mariette hadjon statement in citing kobussen’s opinion that to measure abuse of power in relation to beleidsurijheid (discretionary power, ermessen) should be based the principles underlying the authority's specialties. the principle of specialties essentially implies the purpose of an authority: it can now be decided that a person who violates the laws and regulations may be deemed to have committed a legal act irrespective of whether the violated rule is in the field of public law or private law. related to government accountability, in this case bank indonesia in granting bail out to bank century which resulted in financial loss of rp 6.7 trillion, accountability can be imposed as a legal subject. in our legal provisions there should be a rule that government officials shall be responsible and bound to the decisions and actions taken during and after their tenure. in the case that bank indonesia makes a mistake on its bailout to bank century, the director of bank indonesia bears positions responsibility and personal responsibility in relation to acts of government, personal responsibility relate with maladministration in the use of authority and in the public service. positions responsibilities relates to government power. the concept of personal and positions responsibilities in administrative law is closely related to the use of the control authority, for use when the authority will lead to ultra vires (act beyond authority). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 there are two (2) categories of underlying judicial review of implementation of the authority's discretion, first, when authority abuses its discretionary power, it is driven by the emergence of certain situations e.g people no longer trust state administration, improper actions of state administration, administration do not implement relevant task, the second, when the authority fails to exercise its discretion, state administration do not exercise powers assigned to them, or bound to the determination of discretion, or take off for its functions to another authority. second these categories are inseparably linked to each other, and even tend to overlap with each other. 3. conclusion it can be argued that bank indonesia’s policy in dealing with banking crisis by providing bailout to rescue the bank is associated with its responsibility positions. the concept of position will determine whether a government action includes administrative law or civil law. government complementary tools may be considered inappropriate in society if: 1. the government uses its powers under the administrative law of the government for a purpose not referred to by public law or in french if there is a "deteurement de pouvoir". 2. the government’s may be considered inappropriate in society if the act is arbitrary (wileke u r). it should be admitted that such a measure is very vague, but in practice it is possible that this measure may be satisfactory, since in using this measure a ruler can freely consider what his actions are in accordance with a sense of justice in society. references a. hamid s. attamimi, difference between regulation legislation and regulatorypolicy,speech to the 46th anniversary of the police staff college, college of police science, jakarta, 17 june 1992. bagir manan, regulatorypolicy,planning papers faculty of law in sumatra , faculty of law, university of andalas, padang, april 5, 1994. fokema andreas, dictionary of legal terms (translation), saleh adiwinata et. al (trans), bandung, bina cipta, 1983, p. 98, 145. irfan fachruddin, peradin supervision administration of the acts of thegovernment,alumni, bandung, 2004, p. 2. jh van kreveld, beleids urijheid in head rect, klewes-deventen, 1983, p. 3. laila marjuki, regulatory policy(beleidsregel), the nature and functions as government legalmeans. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 m. irfan islamy, principles of state policyformulation,pt. earth literacy 2003, jakarta, p. 20. m. solly lubis, sh, publicpolicy,mandar maju, bandung, 2007, p. 5 nur basuki, dissertation, 2009, p. 84. philip m. hadjon, introduction to administrative law indonesia (yogyakarta, gadjah mada university press, 1994), p. 152. ________________, plan administration law in developmentadministration,administrative law workshop papers and corruption, organized by the department of state administrative law, faculty of law airlangga university, surabaya, october 28, 2008, p. 3-4. ________________ theneed for public administrationlaw,p. 21. saut panjaitan, significance and role freies ermessen the state administrationlaw.the dimensions of the state administration of legal thought, yogyakarta, uii press, 2001, p. 115. tatiek sri djatmiati, personal mistakes and errors responsibility or accountability position in the country, workshops fh airlangga university, 2008. ______________, principles of industrial business license in indonesia, dissertation program graduate airlangga university, surabaya, 2004, p. 62-63. law no. 3 of 1999 on bank indonesia jo law no. 3 of 2004 on the amendment to act no. 23 of 1999 concerning bank indonesia. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 259 delegation of authority for secondary education management aspects of regional assets / property at the east java provincial education office siswoko andianto, widyawati boediningsih, faculty of law, narotama university surabaya e-mail: siswoko_andianto@ymail.com and widyawati@narotama.ac.id abstract after the enactment of the law 23/2014 as the new regional government law (uu pemda), the government formulates new regulations related to changes in the concurrent division of government affairs between the central government and regional governments. the purpose of this study is to describe the implementation of the transfer of authority to manage secondary education from the point of view of the aspect of management of regional assets / assets in the east java provincial education office and the problems in the transfer of authority to manage secondary education from the point of view of the aspect of managing regional assets / property in the provincial education office. east java. nornative empirical research methods. basically, it is an amalgamation of a normative legal approach with the addition of various empirical elements. the result of the research is that the field verifier team and the regional assistance team have a central role in overcoming problems related to the transition in the secondary education sector, namely by re-correcting the results of data collection and confirming the results of data collection both to the surabaya city education office concerned and to the education office. east java province. all local governments, both provincial and district / city, must implement this policy. one of the regions that has also implemented this policy is the province of east java. the east java provincial government has specifically implemented the policy of transferring secondary education management as mandated by law no. 23 of 2014 through the east java provincial education office. keywords: law 23 of 2014, delegation, secondary education, east java provincial government. 1. introduction transfer of authority for the management of secondary education applies to all regions, including provincial and city governments. one of the provincial governments that has transferred the authority to manage secondary education is east java province. the east java provincial government carried out the implementation of a policy on the transfer of authority for the management of secondary education in accordance with law no. 23/2014 through the east java provincial education office, which is authorized to administer the education sector. the delegation of secondary education authority from the city to the province poses challenges for both the city government and the provincial government. the challenge of the east java provincial government is the number of high school schools and the range of control of the east java provincial education office which is large and spreads in 38 cities. therefore, for the smooth management of secondary education in 38 cities, the east java provincial government has established education offices in several regions (safa'at & number, 2016). the delegation of authority for the implementation of the transfer of secondary education management carried out by the east java provincial government, one of which is in the city of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 260 surabaya. the surabaya city government must hand over the management of secondary education to the east java provincial government. the quality of education management in surabaya city, especially secondary education, is quite good when compared to other cities in the east java region. the indications include: eliminating the cost of education; improving the quality of student education, quality of teachers, education services through various programs and services that are quite effective and efficient. (presentation from the surabaya city education office, 2017). the authority to manage secondary education, in this case senior high schools and vocational high schools in the city of surabaya to the east java provincial government, must continue to be implemented, in accordance with law no. 23/2014 concerning regional government which is national in nature (sn damayanti, 2017). regional property is also regulated in government regulation no. 27/2014 concerning state / regional property management. the contents of which are about the management of regional property (indonesia, 2014). in government regulation no. 27/2014 concerning state / regional property management, that every manager of state / regional property must be responsible for the obligation to know in detail every report and management of state / regional property. many managers of regional property have difficulty managing goods based on regulations, so that inappropriate reporting of goods management by local governments can cause regional losses. government regulation no. 27/2014 concerning management of regional property, the implementation must be in accordance with article 3 paragraphs 1 and 2, namely that management must be carried out based on the principles of functionality, transparency, accountability, efficiency, and legal certainty and value. the implementation of managing regional assets, which must be considered by local governments is in terms of asset planning, asset procurement, and asset control (aira, 2015). the problem that often occurs in the management of regional property in the local government is that the laws and regulations in the management of regional property have not been properly implemented which results in the procurement of goods that are not in accordance with the main tasks and functions of the regional apparatus work unit, the use of goods. regional property that is not in accordance with the stipulation of use, damaged and obsolete goods are left alone, incomplete administration of regional assets so that it is very risky to be lost and stolen, goods that are not preserved are taken over by other parties, administrative reports of regional property by the regional apparatus work unit often late, goods that are not returned to the regional apparatus work unit by retired officials, the low performance of regional administrators and depositors of assets to maintain and care for regional property plus less competent regional apparatus. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 261 in the implementation of secondary education management in surabaya, which was transferred by the east java provincial government, it was suspected that it caused several problems. there are two things that are in the spotlight, namely the equal distribution of the province's ability to provide quality education services and budget capacity. the pemprov's heavy task is to provide a quality education service standard, at least the same as the previous city. gradually there are policy steps to improve the quality of education. providing educational services is certainly not easy because the scope of high schools handled by the provincial government has become wider. 2. research method in general, there are two research models, namely normative law and empirical law. according to marzuki, normative legal research is "a step to find a rule of law, legal principles, and legal doctrine in order to answer the legal issues at hand". nornative research fully uses secondary data, so in the preparation of a tentative theoretical framework is left out, but the preparation of a conceptual framework is absolutely necessary, so in compiling a conceptual framework a formulation of legislation is needed (nurhayati, 2013). the empirical research method is a legal research method that functions to see the law in a real sense of how the law works in society. in this study, examining people in relation to life in society, the empirical legal research method is said to be sociological research. this type of research in this writing is a non-empirical research method. basically, it is an amalgamation of a normative legal approach with the addition of various empirical elements. the normative-empirical method regarding the implementation of normative legal provisions (laws) in action on certain legal events in society. 3. results and discussion legal aspects transfer of secondary education asset management authority the problem of transferring authority to manage secondary education assets from the surabaya city government to east java province can be viewed from a legal aspect in the form of rights and obligations or local government duties and implementation based on statutory regulations. therefore, with the transfer of authority to manage secondary education assets, as of this writing, there are no provisions in statutory regulations or technical guidelines that regulate the procedures for their implementation. however, systematically this material falls within the scope of the management of regional property. to see the rights and obligations of the surabaya city government and the province in the transfer of authority to manage secondary education assets in a comprehensive manner, it can be seen from the circular of the minister of home http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 262 affairs no. 120/5935 / sj year 2015 and the regulations governing the management of regional property. based on a circular of the minister of home affairs, the rights and obligations of city and provincial governments relating to inventory, verification, and coordination tasks related to asset transfer, as well as the preparation of handover notes (kahfi, 2016). provisions regarding the management of goods are regulated in government regulation no.27 / 2014 concerning state property management and regulation of the minister of home affairs no. 19/2016 on guidelines for the management of regional property (permendagri no.19/2016). in principle, the transfer of assets from the surabaya municipal government to the province can be equated with a grant. grant is the transfer of ownership of goods from the central government to regional governments, between regional governments, or from local governments to other parties, without obtaining compensation. one of the grants for regional property is carried out with consideration for the benefit of education (panjaitan & budi gutami, 2017). one example of implementing the transfer of authority to manage the education sector by means of a grant is in east java province. broadly speaking, these activities include socialization, inventory, evaluation, the final stage is data reconciliation activities which are the stages of finalizing data objects that will become objects of handover ( indonesia, 2003). some of the steps taken by the east java provincial government were as follows: a. the provincial government has carried out the socialization of law no. 23/2014 and the application of the minister of home affairs circular no. 120/5935 / sj dated 16 october 2015. b. implementation of an inventory of personnel data, funding, infrastructure and facilities, and documents (p3d) of sma / smk in the city of surabaya through secondary data. c. arrangement of p3d materials / materials as the basis for inventory steps and data verification at schools at the education unit level and the surabaya city education office. d. inventory and verification of p3d data at public high schools / vocational high schools and the surabaya city education office carried out by regional facilitators and field verifiers. regional assistants are tasked with accompanying and providing direction in the field to the surabaya city education office concerned, in recording objects whose management will be transferred to the provincial education office east java. the field verifier is tasked with receiving the results of data collection and re-checking or evaluating data on objects of secondary education that will be transferred to the office. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 263 e. secondary education asset data reconciliation which will be transferred from the surabaya city government to the east java provincial government. the asset inventory team coordinates with the education office and the regional financial and asset management agency in order to evaluate and reconcile asset data to be submitted to the province. 1) coordinate with the regional government of surabaya city in the context of verification and reconciliation of data on secondary education assets that will be transferred from the city of surabaya to the province. 2) preparation of budget allocations for asset transfers. 3) signing a memorandum of understanding and the minutes of asset handover. 4) recording assets received from the city of surabaya in the financial statements. apart from the above obligations, in principle, the right of the provincial government is to obtain asset data along with supporting documents that are valid both administratively and physically in the context of the process and management of the assets to be transferred. meanwhile, the district government has the right to receive assistance or assistance from the province in order to verify asset data to obtain valid data. data validity and transfer status of asset ownership rights. the validity of asset data is a determining part for the transfer of assets. the validity relates to the accuracy of the data accompanied by supporting documents / evidence (istiningsih, 2019). for example, fixed assets in the form of land must be accompanied by clear proof of ownership / certificate of land or land that has been certified but is not in the name of the regional government, including clarity of the location of the land. the accuracy of the administrative and physical aspects of an asset to be transferred becomes the basis for the object of asset transfer between the surabaya government and the province as outlined in the handover report. the validity of the asset data to be transferred has implications for the accuracy of recording assets on the balance sheet in the financial statements of each government. area. asset handover official report is a document of handing over of goods as evidence of the transfer and transfer of rights / ownership of the asset from the donor to the recipient of the asset. juridically, these assets were transferred from the surabaya municipal government to the provincial government. the transfer of secondary education assets from the city of surabaya to the province has consequences for both parties in the framework of recording the financial statements and the write-off of assets by the city of surabaya. for the city of surabaya, the basis for asset deletion is not only the handover event news, but it is stipulated with the approval or decision of the regional head as stipulated in permendagri no.19/2016. the technical bulletin of government accounting standards no.15 on accrual-based fixed asset accounting also regulates that for fixed assets the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 264 grant is taken out of the balance sheet when the minute of grant handover by the entity is issued as a follow-up to the grant approval. thus, the handover minutes and the decision to write off assets from the city of surabaya are supporting documents for the transfer of secondary education assets from the city of surabaya to the province. transfers of fixed assets in relation to recording or recognition of fixed assets. assets are government assets that must be recorded in the financial statements of local governments, in particular, fixed assets are a significant part of government assets in the balance sheet presentation. fixed assets are tangible assets that have a useful life of more than twelve months to be used, or intended to be used, in government activities or utilized by the general public (pamungkas, nd). fixed assets include land, equipment and machinery, buildings and buildings, roads, irrigation, networks, other fixed assets, and construction in progress (pamungkas, nd). the delivery of fixed assets by means of a handover report has implications for the recognition and recording of the transfer of fixed assets from the surabaya city government to the province. from the accounting side, the recognition of an inheritance is very reliable if the inheritance has always been received or given over its ownership rights and / or when its ownership is transferred. if the acquisition of an inheritance has not been supported by legal facts, it is due to the existence of a mandatory administrative process, such as the purchase of land which is still required to complete the sale and purchase process (deed) as well as a certificate of ownership at the competent authority, so that the legacy must always be recognized when there are facts that the ability of the inheritance has always been transferred, for example, payments have been made and the ability to obtain land certificates in the name of the former owner. legacy is always recognized when future economic properties can be obtained and its value can be measured reliably.transfer of authority for secondary education management to the provincial government of east java. in connection with the passage of this law with the decentralization arrangement, not all decentralized government affairs can be implemented practically with good results by the surabaya government, or vice versa by the provincial government. the aim of this policy, on the other hand, is to strive for equal distribution of learning at the provincial level, but it raises some of the implications that the community or the surabaya government will accept, who feel that they are actually very good at managing learning and the properties that have helped the people of surabaya. because this decentralization has the potential to create gaps in the management of government affairs both administratively and financially from the regions, therefore the central government can control which government affairs can be decentralized and given its authority to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 265 the provincial government or the surabaya government with various considerations as part of decentralized politics. launching from the online newspaper suara surabaya, the governor of east java commented that school management is about how to produce a quality school where learning must have a uniform or equal character between regions and be comprehensive in all regions. soekarwo did not give priority to the lawsuit by the people of surabaya who wanted the management of sma and the equivalent to be returned to the surabaya government so that operational costs could be free again, he emphasized that how the implementation of secondary learning in east java province can be comprehensive and uniform so that there are no areas that are superior or behind the quality of education . this policy of transferring the management of secondary education is a step in an effort to equalize the quality of education, especially secondary and special schools whose management authority lies at the provincial level (puteri, 2018). for some regions that have not been able to manage secondary education properly, of course this policy can ease the duties of the regional government so that they can focus on their own authority, but for some regions that feel they are able to manage secondary education, of course they will object to the transfer of authority for education management policy. this medium. from the policy on the transfer of authority to the management of secondary education, researchers categorized several implications that arise in the field, including administrative impacts, political impacts, and budget / economic impacts. the administrative impact of the transfer of authority is the birth of bureaucratic and coordination procedures which are considered by some parties to be more complicated than when the authority was held by the surabaya government, because for matters of managing sma and the equivalent, up to school assets, staff, and the budget which have now been transferred to the provincial government of east java, so the required actions take a more complicated bureaucratic and coordination process and will tend to take longer to handle. as complained by martadi, the head of the surabaya city education council, he considered that this policy of transferring authority to management of sma and its equivalents made the city of surabaya less profitable because the policy was not pro-surabaya residents. according to him, in terms of handling sensitive issues involving high school students or equivalent in the city of surabaya, the surabaya government actually has excellent potential and ability to handle it, but the surabaya government is obstructed and cannot directly intervene because of the authority that does not become the authority of the surabaya government. a similar opinion was also expressed by several teachers and deputy head of sma in surabaya who were interviewed by the researcher, they felt that it was better for education management to be under the surabaya government than under the east java provincial http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 266 government. they interpreted that the management by the surabaya city government was very appropriate to the conditions and needs of the school, especially with the problem of financing that was borne by the surabaya city government as a whole. in fact, the real goal of this policy is to advance the quality of secondary education in all regions down to the provincial level with management under the provincial government. with uniform regulations or policies, it is hoped that no more regions will be left behind in matters of secondary education quality. in this policy, the main focus of the implementation of secondary education by the east java provincial government is to eliminate the stigma of "favorite school", such as increasing the quota by 10% for prospective students who come from outside the city or outside the region who wish to enter, which was previously the surabaya city government. only giving a quota of only 1% because they want to give priority or opportunity for native surabaya residents to enter high school in the city of surabaya. after the judicial review lawsuit was rejected by the constitutional court, the surabaya city government and the surabaya city regional people's representative council did not reach an agreement regarding the transfer of authority for the management of secondary education so that the surabaya city government could no longer help its citizens in terms of financing high school and equivalent student education in the city of surabaya because it was hindered by problems. between the surabaya city government and the surabaya city regional people's representative council who did not reach an agreement because of differing opinions when the regional people's representative council had a pragmatic mindset how the financing of secondary education could be covered by the surabaya regional budget, while the surabaya city government wanted its management to be returned to the surabaya government . as in the statement of the members of commission d dprd surabaya which implies differences of opinion between members of the legislature and the surabaya city government when interviewed by researchers. he stated that the surabaya city government wanted to be able to intervene by providing space to manage the implementation of sma and equivalent education in the city of surabaya, but when the law spoke that the authority to manage sma and equivalent education was not returned to the surabaya government, immediately the attitude of the city government of suarabaya seemed hands-off. from the struggle of the surabaya regional house of representatives who want the operational assistance for high school level schools and as close as possible to be provided by the surabaya government. members of the surabaya city regional people's representative council insist on ensuring that high school and equivalent education in the city of surabaya can remain free of charge outside of its management carried out by the surabaya city government or the east java provincial government. according to him, if assistance in the form of a program cannot be used http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 267 to finance the operations of sma and equivalents in the city of surabaya, the city government can use assistance in the form of a social assistance formula that can be given directly to students and not through schools or the east java provincial government. another way that the surabaya city government can continue to help pay for children's school fees in surabaya is to use csr funds, which are quite a lot of csr funds in surabaya, according to reni astuti. from his statement, it can be seen that the legislative members have a pragmatic mindset, which emphasizes the desire to help surabaya residents in terms of education funding for high schools and equivalents in the city of surabaya, because they do not want a decrease in the quality of education in the city of surabaya outside of matters of management authority. held by the surabaya city government or the east java provincial government. according to him, financial assistance could still be given to high school students and the equivalent without having to allocate it in the form of bopda. this assistance can be given to the student concerned instead of the surabaya city government being unable to budget for assistance in the form of the bopda program. on the other hand, in the 2017 surabaya apbd, the surabaya city government has allocated a bopda budget of approximately 200 billion rupiah which must be returned to the regional treasury because the surabaya city government cannot utilize the bopda budget because the budget is a program budget. at that time the city government still included the bopda budget to finance the free school program for secondary education because at that time the government had hopes that the discretionary application they submitted to the constitutional court so that the management authority of astas and equivalent secondary schools could be returned to the surabaya government. when the mayor of surabaya has optimism that there is still a chance for the surabaya city government to gain discretion and take over the management of secondary and equivalent education in the city of surabaya again, risma as the mayor of surabaya becomes an expert witness in the trial at the constitutional court. however, in 2019, the surabaya city government will maintain its consistency in allocating 20% of its regional budget for the education sector by diverting the budget for improving school infrastructure, developing the quality of teaching personnel, and establishing non-formal schools at several points in the city of surabaya. regional owned (asset) secondary education in east java province law no. 23/2014 divides government affairs into 3 affairs, namely absolute government affairs, concurrent government affairs, and general government affairs. absolute governmental affairs are government affairs which fully fall under the authority of the central government, concurrent government affairs are government affairs divided between the central government and the provincial and regional governments of the city of surabaya, and general government http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 268 affairs are government affairs which fall under the authority of the president as head of government. concurrent governmental affairs that are transferred to the regions are the basis for implementing regional autonomy. the implementation of law number 23/2014 has led to changes in local government organizations in indonesia. this change occurred in connection with the transfer of authority from the surabaya city government to the provincial government in the sub-affairs of secondary education management, forestry affairs, human resources affairs, marine and fisheries affairs, terminal management, metrological authority and manpower authority. this law is the legal basis for the transfer of authority over the management of secondary education from the surabaya city government to the provincial government. the law states about the division of government affairs in terms of education management between the central, provincial and city governments of surabaya. the management of sma management is in the hands of the provincial government, while the surabaya city government only handles elementary and junior high schools (puteri, 2018). according to meydiandra ep as head of the regional goods storage and administration division of east java province, specifically on the transfer of authority for secondary education and special education, there was a transfer of assets from approximately 218 state senior high schools and 84 public vocational high schools from the surabaya city government in east java province to east java provincial government. the impact of the transfer of functions / authorities on the management of regional assets, among others, is the improvement in the management of regional assets. according to wayan purwanajata, head of the subdivision of monitoring, evaluation, and compilation of regional goods accounts at the regional equipment and assets bureau of the regional secretariat of east java province, stated that the implementation of this process of transfer of authority was not accompanied by special rules or government regulations as a derivative of law no. while the implementation of the provisions of this law is given a deadline, because in article 404 of law 23/2014 on regional government it is stated that the handover of personnel, funding, facilities and infrastructure, as well as documents as a result of the division of government affairs between the central government, provincial regions and the area of surabaya city which is regulated by virtue of this law is carried out no later than 2 (two) years from the time this law is promulgated. as a result, local governments are confused when implementing a number of provisions in the law. based on the provisions of the regulation of the minister of home affairs number 19 of 2016 concerning guidelines for the management of regional property chapter x article 329 paragraphs 1 and 2, it is stated that regional property can be transferred by: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 269 a. sales; b. exchange; c. grants, and d. local government equity participation. the implementation of the transfer of assets this time follows the provisions of law number 23/2014 concerning regional government, the emphasis is on article 404. as a followup, the central government in this case the minister of home affairs issued a circular of the minister of home affairs number: 120/253 / sj dated 16 january 2015 regarding the implementation of government affairs after the enactment of law number 23/2014 concerning regional government, then the second circular of the minister of home affairs no.120 / 5935 / sj dated 16 october 2015 concerning the acceleration of implementation of transfer of affairs based on law no. 23/2014 on regional government. especially in east java province, the east java regional government has issued the governor of east java decree number g / 442 / b.ii / hk / 2015 dated 10 september 2015 concerning the formation of an inventory team for the submission of personnel, funding, facilities and infrastructure and documents from the district / cities in east java province. the transitional process of management of regional property in the form of land in the education sector of state high school / vocational schools in east java province article 404 of law number 23/2014 concerning regional government states that the handover of personnel, funding, facilities and infrastructure, and documents as a result of the division of government affairs between the central government, provincial regions and district / city regions as stipulated in law number 23/2014 shall be implemented no later than two years from the promulgation of law number 23/2014. then in the circular of the minister of home affairs number 120/5935 / sj dated 16 october 2015, it is stated that the process of inventory of personnel, facilities and infrastructure, funding and documents as a result of the transfer of concurrent government affairs will be carried out no later than march 31, 2016. the inventory of assets that will be transferred of authority from surabaya city to the east java provincial government must be completed before march 31, 2016. the coordinator of the p3d transfer team for the regional equipment & assets bureau of east java province stated that in the process of transferring this authority, the provincial regional equipment & asset bureau was constrained by the absence of derivative regulations from law number 23/2014 as a specific rule or reference for this delegation process. in fact, when each law is implemented, there should be a derivative regulation, however, as of law number 23/2014, the central government has not issued a derivative regulation (pp). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 270 the same thing was stated by noer oemarijati, head of the city of surabaya assets, that in the implementation of this delegation of authority, the city of surabaya is having difficulties because there are no special rules as a reference for the transfer of assets from the city of surabaya to the province. the central government only issues a circular of the minister of home affairs so that the regional government in the implementation of the transfer of these assets is not supported by specific standard regulations. at this time the government of east java province has reached the stage of collecting the supporting rights for the land in sma in the city of surabaya throughout east java province. then all the original land rights in high schools in surabaya city throughout east java province will be withdrawn by the east java provincial government during the handover process between the surabaya government (regents / mayors) throughout east java province and the regional government of east java province (governors). on october 2, 2016. the handover process will be carried out in an official event regarding the signing of the minutes of handover of personnel, facilities and infrastructure and documents which will be attended by the governor of east java, regents / mayors throughout east java province, elements of the ministry, and regencies. / city and head of east java province high prosecutor's office and head of district / city district attorney offices in east java province (r. damayanti, 2012). meanwhile, the process of transferring the name of the high school certificate from the name of the local government of surabaya city to the name of the provincial government or land registration in the name of the provincial government can be carried out by the provincial government when the process of transfer of authority has been completed, marked by the submission of all the rights pad owned by the surabaya government accompanied by an official report of the handover signed by the regent / mayor. according to mujahiddin as head of the east java regency national land agency office, argued that when he wanted to change his name or register a land certificate, the governor through the regional secretary made a statement that the land had indeed turned into an asset of the provincial government in this case east java province and also these assets are not in any dispute so that an application letter is made to change the name of the surabaya government assets to become on behalf of the provincial government in this case the province of east java. likewise for land that does not have a certificate to issue a certificate in the name of the provincial government, in this case the province of east java. when applying for the process of turning the names of district government assets into assets of the provincial government as well as the land certification process that is not yet certified, the following must be prepared: a. asset handover report; b. minutes of the waiver of rights from the city of surabaya; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 271 c. a statement letter from the governor through the regional secretary stating that the assets in question have transferred ownership from the assets of the city of surabaya to the assets of the province and these assets have been recorded in the provincial asset book; d. the basis of rights as proof of existing ownership; e. physical control statement signed by the regent / mayor and witnessed by at least 2 (two) witnesses for land for sma / smk that has not been certified; f. after that the provincial government made a request for a name change to the local surabaya city national land agency office to issue certificates or change other ownership data, and also registered uncertified lands (raw land) under the name of the provincial government. the same was stated by the head of sub-section for the transfer of rights to the city of surabaya, which stated that considering that there were still many assets of government agencies that had not been registered, in order to guarantee legal certainty of land rights, government agencies needed to be given facilities and acceleration for government agencies that would register them. land, which is stated in the circular of the minister of agrarian affairs and spatial planning / head of the national land agency number: 1855 / 15.1 / iv / 2016 dated april 22, 2016 concerning guidelines for the implementation of land registration for government agencies. oki mp continued that after the signing of the report on the handover of assets based on the order of the law, the assets were legally transferred from the surabaya government to the provincial government. where the stages are the surabaya government must first remove these assets from the simda list of the surabaya government assets, then the assets are transferred to the simda as assets of the provincial government. the next stage is based on the existing proof of ownership to register the application for its rights at the surabaya city land office through the subsection work unit for land registration by government agencies and must meet the requirements according to government regulation no. 128 of 2015 and government regulation no. 1 of 2010. even though government agencies in the process of registering land have easy access, government agencies still have to pay attention to number 3 of the circular of the minister of agrarian affairs and spatial planning / head of the national land agency number: 1855 / 15.1 / iv / 2016 which states that the land being applied for must be instate clean and clear that there are no objections from other parties on land controlled (no dispute) or not in the occupation /occupatie by other parties and have been recorded in the inventory list of assets the government agencies concerned. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 272 wayan purwanajata as head of subdivision of monitoring, evaluation, and preparation of regional goods balance at the regional equipment and assets bureau of the regional secretariat of east java province explained that this value was obtained from the surabaya government balance sheet which had been audited by the supreme audit agency as of december 2015. so that the assets handed over by the government this value in surabaya does not reflect the actual condition. this is because there are still some assets that have not been included in their acquisition value, because these assets have not been recorded in the surabaya government simda. likewise, specifically with regard to land assets, there are differences in the amount of land between land assets submitted and land data recorded in the balance sheets of each surabaya government in east java province. so that the value of assets, especially in land assets handed over to the province of east java, does not yet describe the true condition. this is because there are still land assets that have been acquired by the school but are not reported to the education office or the regional financial and asset management agency in the city of surabaya. until this writing was completed (october 2016), the surabaya government, which has reported in detail the land assets of senior high schools to the east java provincial government, there are eight surabaya cities. briefly displayed in the following table, and details are shown in the appendix. indeed, many government assets do not have certificates, even the land assets that have been certified are not all in the name of the respective surabaya city government, because there is still a certificate in the name of the ministry of national education or the regional office of education and culture but physically these assets has been controlled and has been used (aira, 2015). so that during the process of changing the name or registering the land, the government must make a statement of physical control of the land parcel based on true information and the party making the statement is liable both civil and criminal if in the future there are elements of untruth in the statement and are willing to cancel the certificate. and processed by law according to applicable regulations. at the time of the land registration process, government land was not as complex as community land. so that when applying for land registration for senior high schools that have not been certified to the national land agency, it is sufficient for the governor through the regional secretary to ensure that the land is indeed a provincial asset and is not in dispute. on the other hand, for a lost certificate, the local surabaya government must report it to the police. next, the police will announce for 2 (2) consecutive months through newspapers, if there is no objection until the local surabaya national land agency wants to issue a new certificate and when a new certificate is issued, the new certificate will include a statement reporting that the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 273 old certificate is no longer valid, and if later the old certificate is found, it is obligatory to notify the certificate to the local national land agency office to make it deactivated. land certification or the process of transferring names is part of maintaining information called continuous recording . because according to the purpose of land registration contained in article 3 of government regulation number 24 of 1997 concerning land registration, it is: a. to provide legal certainty and legal protection to holders of rights over a land parcel, flat unit and other registered rights so that they can easily prove themselves as holders of the rights concerned; b. to provide information to interested parties, including the government, so that they can easily prove themselves as holders of the rights concerned; c. for the implementation of an orderly land administration. on the other hand, sumarja says in his book that what is meant by land registration is a series of activities that the government tries to continuously and orderly include collection, processing, bookkeeping, and physical and juridical presentation and maintenance, in the form of maps and records, overwriting the fields. land parcels and apartment units, listed the issuance of certificates as a message of the fact of their rights for land parcels for which there are already rights as well as ownership rights over flat units and certain rights that impose them. based on the description above, it can be concluded that the purpose of land registration is to share certainty on land objects, rights, and certainty of the subject. the number of cases that arise from land ownership to land registration is also to estimate all forms of disputes that may occur, so that by law the owner of the rights is obliged to register the land which is their right, so that there is no harm in the future, as stated in article 4 paragraph 3 government regulation number. 24/1997 concerning land registration which reads as follows: "in order to achieve an orderly administration of each land parcel and apartment unit, the transfer, assignment and abolition of rights to land parcels and ownership rights to apartment units must be registered". therefore, the rights to a plot of land must be registered at the local land office where the land is located. besides being the obligation of the land owner, in this case the local government, land registration is also to implement article 3 letter c of government regulation no. 24/1997 on land registration which reads: "land registration aims to maintain orderly land administration". so that by registering ownership of rights over the land parcels so that the owner has certainty, strength and legal protection of land ownership. in order to provide guarantees of legal certainty and protection, regarding the role, status of land so that there are no disputes and misunderstandings either affecting boundaries or who owns them, until the basic agrarian law as a law which contains the main basics in the agrarian sector which is the basis for agrarian law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 274 reform efforts to share legal certainty guarantees for citizens in using the earth, water, and space and natural resources listed therein for common welfare equitably. the objectives of the basic agrarian law include ensuring legal certainty. in order to achieve this goal, the basic agrarian law already controls land registration, which is in article 19 paragraph (1) of the basic agrarian law which reads: "to ensure legal certainty by the government, land registration is held throughout indonesia for legal certainty by the government, registration is held by the government. land in all regions of indonesia according to the conditions stipulated by the government regulation. " meanwhile, related to the transfer of ownership as a result of the transfer of asset management, this can be implemented because it is a law order. even though article 37 paragraph (1) states that the transfer of land rights and property rights can only be registered if it is proven by deeds made by the competent ppat according to the provisions of the prevailing laws and regulations. however, based on the circular of the minister of agrarian affairs and spatial planning / head of the national land agency number: 1855 / 15.1 / iv / 2016 dated april 22, 2016 concerning guidelines for land registration for government agencies, so that government agencies in this case the east java provincial government have a specificity (lex specialis derogat legi generalis) and facilities in order to obtain rights and settle certificates for the lands which are its assets. inventory and transitional object data verification secondary education kegiatan inventory and data verification p3d secondary education intended to get an idea of the conditions and mapping related data dataaspects of personnel, assets, and financing secondary education in the city of surabaya, so that the provincial education department has base statistics that can be used as the basis for calculating the burden of secondary education budgeting comes from the provincial regional expenditure budget in the 2017 fiscal year, which is when the authority of secondary education has transferred to the provincial government. the objectives of implementing the secondary education sector p3d data inventory and verification activities are 1. clarification of personnel data (educators and education personnel) and data on secondary education facilities at senior high schools in the city of surabaya and other relevant institutions / work units; 2. identification of the financing data for state senior high schools that have been taking place in the city of surabaya (rapbs for the last 3 years); http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 275 3. identification of financing data and copies of asset documents (certificates of asset ownership and personnel) which indicate the legality of the existence of assets or elements of public high school personnel, or other educational institutions / units. the expected results from the p3d secondary education data inventory and verification activities are: 1. clarification of data on personnel, funding, infrastructure and facilities (educational assets), and documents in the field of secondary education based on temporary nominative data in senior high schools in the city of surabaya; 2. compiled data on personnel, funding, infrastructure and facilities, and documents (p3d) in the field of secondary education in the latest 597 state senior high schools throughout east java; 3. mobilization of stakeholders at the surabaya city government level to participate in carrying out the inventory and verification of p3d secondary education data, which is built on the basis of mutual agreement regarding personnel data, as well as infrastructure and facilities (educational assets) to be submitted to the provincial government; 4. the compilation of the latest nominative list of personnel, infrastructure and facilities (assets) data and financing data, as the basis for calculating the burden or responsibility of the provincial government in 2017. 4. conclusion based on the results of the research and data analysis that has been carried out, it can be concluded that the implementation of law number 23/2014 has led to changes in government organizations. this change occurred in connection with the transfer of authority from the surabaya city government to the provincial government, one of which was the management of secondary education. this law is the legal basis for the transfer of management authority affairs for secondary education (sma / smk) from the surabaya city government to the provincial government, whose emphasis is on article 404 of law number 23/2014 concerning regional government. the legal aspects of the transfer of authority to manage fixed assets from the surabaya city government include the rights and obligations or duties of each regional government and the legal status of asset transfer as referred to. in principle, the transfer of these assets can be likened to a grant. based on the grant procedure and minister of home affairs circular no. 120/5935 / sj taggal 16 october 2015 concerning the acceleration of the implementation of the transfer of affairs based on law no. 23/2014 can be seen from the rights and obligations / duties of local governments. the surabaya city government and the province have the task of forming an asset inventory team in the context of an inventory as well as recording completeness of asset status http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 276 data along with proof of ownership documents. coordination is also carried out between the asset inventory team, the education office, and the bpkad in order to evaluate, reconcile and verify valid data on the assets to be transferred. then proceed with the signing of the mou along with the handover accompanied by bast assets. as a follow-up, the surabaya city government wrote off the transferred assets in the financial statements, while the provincial government recorded the assets received from the city of surabaya in the financial statements. with regard to the legal status of its maintenance, bast is a document of handing over of goods as evidence of delivery and transfer of rights / ownership of assets from the donor to the recipient of the assets. juridically, these assets were transferred from the surabaya city government to the provincial government. this transfer of asset management can be carried out because it is a law order. even though article 37 paragraph (1) states that the transfer of rights to land and property rights can only be registered if it is proven by a deed made by the authorized ppat according to the provisions of the prevailing laws and regulations. however, based on the circular of the minister of agrarian affairs and spatial planning / head of the national land agency number: 1855 / 15.1 / iv / 2016 dated april 22, 2016 concerning guidelines for implementing land registration for government agencies, so that government agencies in this case the east java provincial government have a specificity (lex specialis derogat legi generalis) and facilities in order to obtain rights and settle certificates for the lands which are its assets. constraints found in the transition process in secondary education are generally administrative constraints, namely the occurrence of errors between the inventory data and the actual conditions in the field. in addition, there are still several cities in surabaya that do not understand the objects that are included as intermediate objects of secondary education. to overcome this humbtaan, the east java provincial education office took systematic action. that is, the action does not only include solving the problem in one aspect, but covers all four aspects as a whole. the field verification team and the regional assistance team have a central role in overcoming problems related to the transition to the secondary education sector, namely by recorrecting the results of data collection and confirming the results of data collection both to the surabaya city education office concerned and to the east java provincial education office. . references aira, a. (2015). the role of asset management in regional development. kutubkhanah, 17(1), 21– 39. damayanti, r. (2012). section of regional autonomy affairs to sub-districts based on regulation of the mayor of surabaya number 29 of 2009. airlangga university. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 277 damayanti, sn (2017). prospective analysis of the policy on the transfer of secondary education authority from the surabaya city government to the east java provincial government based on law no. 23 of 2014 concerning regional government. public policy and management, 5(3), 1–12. indonesia, pr (2003). law of the republic of indonesia number 20 of 2003 concerning the national education system. jakarta: government of the republic of indonesia. indonesia, pr (2014). republic of indonesia government regulation number 27 of 2014 concerning state / regional property management. istiningsih, i. (2019). legal consequences concerning the truth of the content of ppat assets, transaction prices and asset dates after the implementation of tax validation in boyolali district. sultan agung islamic university. kahfi, s. (2016). transfer of management of regional property in the form of land in the implementation of senior high school education in lampung province. fiat justisia: journal of legal studies, 10(4), 681–696. nurhayati, y. (2013). the debate between normative methods and empirical methods in legal studies research in terms of the character, function, and objectives of law science. al-adl: journal of law, 5(10). pamungkas, j. (nd). sap application analysis no. 07 (fixed assets) and bultek no. 09 on vehicles of education and training agencies of west kalimantan province. journal of scientific study of accounting, faculty of economics untan (kiafe), 4(4). panjaitan, dat, & budi gutami, s. (2017). juridical analysis of transition of secondary education sector from district / city government to provincial government as implementation of law number 23 year 2014 concerning regional government. diponegoro law journal, 6(2), 1–19. puteri, o. (2018). the politics of decentralization: implications of withdrawing the authority of education management for senior high schools and equals in the city of surabaya . airlangga university. safa'at, ma, & number, u.-u. (2016). constitutionality of transfer of authority for secondary education management from districts / cities to provinces. paper presented as expert statement at the constitutional court session of the republic of indonesia, case number, 30. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 authority of land procurement committee in the implementation of compensation for land acquisition m. roesli 1, asep heri 2, siti rahayu 3 faculty of law legal studies program merdeka university, surabaya email: roesli.madura@gmail.com abstract: the enactment of the basic agrarian law in indonesia creates dualism in land law that is sourced from customary law and on western law. the basic agrarian law ends the dualism and creates the unification of our national land law. in the consideration of the basic agrarian law it is stated that the need for a national agrarian law, based on customary law on land. in addition, article 5 of basic agrarian law states that national land law is customary law; it indicates a functional relationship between customary law and national land law. in the development of national land law, customary law serves as a primary source in taking the necessary materials. related to positive national law of land, customary law norms serve as complementary laws. in solving the problem, the author uses a sociological juridical problem approach to describe and analyze problems based on legal provisions and legal facts prevailing in the wider community. the results is then classified and material that can be used as to solve problems is determined . keywords: authority, committee on land acquisition, compensation, land acquisition. 1. introduction revocation of rights and land acquisition means to unravel one of the causes of the breaking of the legal relationship between the subject of rights and the object of the land. the termination of the legal relationship between the subject of rights and the object of the land may be carried out in various ways, depending on the authorities and the right-holders or other causes beyond the will of the parties. if the termination of legal relationship is carried out by the authorities unilaterally and by force and by compensation, it is called revocation of rights, or nationalization. if the termination of legal relations is carried out by the ruler without any compensation, it is called the settlement. if carried out by the right-holders in a voluntary manner it may be referred to as a right or grant, or a grant of wills, while if done because of the settlement or to pay a third party debt arrears are called auctions. if performed by the holder of rights with another party as the recipient of the next right by agreement and in equal legal position, it is called buying and selling, exchange, distribution yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 of rights together and others. if performed without the willingness of the parties but because of legal events, it is because of inheritance. termination of the legal relationship may only be followed by the abolition of rights or in other words the holder of the old right loses his or her right and the right to the land itself ends by law, it can also occur the termination of the legal relationship the right to survive or remain valid only the holder of his right to move to the party other. revocation of rights including categories causing the breaking of legal relations between the subject and the object of his rights and at the same time the abolition of the land rights and status into the land directly controlled by the state, then the state that acts as the party that directly controls the land and the state will also make arrangements return to the land rights. revocation of such rights may cause the rightful holder to lose their right to their land, while the ownership of land rights constitutes one of human rights as regulated in the constitution namely article 28-h paragraph (4) of the 1945 constitution which affirms "everyone has the right to private property rights and property rights shall not be arbitrarily taken by any person" therefore any revocation of rights or the occurrence of termination of such relationship shall and only may occur if it has been done under the order of the act, then without the instruction of the act the execution of the revocation or termination of the legal relationship can not be justified because it concerns the human nature. the president even without the law order cannot deprive the rights to a person's land, even if in this country the land is mentioned social function is not necessarily on the land of a person can be deprived of his rights without any law that allows it even for the public interest. due to the urgency of land acquisition issues for the public interest, especially in the form of ideal arrangements that must be regulated by law, if new regulations regulating the revocation of rights, land acquisition or land acquisition established under the law, get criticized, therefore when it is issued the pledge of land procurement for public interest with government regulation no. 36 of 2005. however, with the new regulations set forth in the lower regulations of the act can be categorized as a mistake, because in terms of the true substance still regulated by the act. thus the issuance of government regulation no. 36 of 2005 and no. 65 year 2006 needs to be observed, because it can be called has repeated mistakes in the past when the issuance of rules that regulate the same thing that only the level of minister of home affairs (permendagri) namely permendagri no. 15 of 1975 and no. 75 year 1993. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 in addition to government’s mistakes, it can also be seen as the negligence of the makers and the formulation of the act, namely the parliament, which until now did not take the initiative to draft the act as a revision of law no. 20 of 1961 is deemed no longer able to meet the requirements of government and society as well as the needs of development and development of the times. the issuance of the presidential regulation, at the time of its enactment is still much highlighted and received a negative response from various elements of society, whether incorporated in political organizations, campuses and non-governmental organizations, but until now the government continues and remains committed to enforce it and it seems that there is no intention and attempts to revoke it, as well as the house of representatives may not have a deep understanding for it, so only to the stage of commenting on the regulation, not just helped make it in the form of law. the government's force to enforce this rule is increasingly beckoning suspicious questions, what exactly the government wants behind the imposition of the government regulation on the good in terms of the content and review of the system of constitutionalism has been expressed by those who oppose that this government regulation is imperfect and problematic. there are various form of sale and purchase of land, thus land purchasing and selling acomes from different motivations, some buy land for their own use and some buy land for sale again, in its development know the sale and purchase of private land by the land acquisition is then sold again in the form on which there is a housing or factory. just as the private sector needs land either for public housing (kpr btn) or for industrial estate. this is because the need for housing continues to increase in line with the increase in population that also increases, if we see a glimpse of this same we review from the aspect of buying and selling, that they buy and sell it again to the needy and labalah they are looking for, but there are also parties purchase of land by speculating and sell them at high prices, while the housing entrepreneurs in that it helps the government issues public housing is needed. usually land acquisition will be hampered in terms of compensation, or matters related to the beliefs of the community or the fear of impact after the land acquisition. in this paper, those whose land is exposed to land acquisition, government offices and urban village offices are the object of the research. this is because these parties, if we examine the two institutions are directly involved in this case, the government office as the party that handles the land issue as well as the regent authorized to grant location permit and governor as the authority to grant the application of land rights and the forming committee of land yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 acquisition and the urban village is a party directly opposite the community, the spearhead of the government as the lowest government under the head of sub-district. both of these agencies are as authorities for land acquisition, head of the land office as chairman and village head as a member, based on permendagri no. 15 of 1975 jo permendagri no. 2 years 1976 jo permendagri no. 3 year 1987. the fact that residents reject land acquisition on the basis of religious or religious magic or ask for a relatively high compensation or place as a substitute for its value is less fit for compensation, resulting in land acquisition somewhat hampered such as high compensation or requesting to be moved to a better place permanent, such as the consideration of soil fertility and economic effectiveness, in the sense that can generate income (income) is high. entrepreneurs who want the land of housing residents is familiarized with kpr btn, construction of housing to be sold to people who need a house with credit. another problem is developing; the entrepreneur demands a cheap compensation, if the land that has been released did not continue its development. 2. land procerument land procurement is to relinquish the original legal relationship between the rightholders or the rulers of their lands by compensation.1 land procurement for development purposes actually has a long history because it has existed since the colonial era known as onteigening. prior to the drafting of the law on the rules of order of the law (ptup) no. 12 of 2012, then the form of ptup regulatory activity in a row is permendagri no. 15 of 1975, decree of presides no. 55 of 1993, government regulation no. 36 of 2005 and lastly government regulation no. 65 of 2006 as the realization of the mandate: first chapter 6, 27, 34, 40 basic agrarian law. second as a mandate from law no. 39 of 1999 on human rights which mandates that as a consequence of land resources is one part of human rights, then that linked to it must be regulated by law. the term of land procurement is not really known in law no. 5 of 1960 under the basic agrarian law, since under article 27, articles 34 and 40 on the expiration of land ownership rights are known only legal acts of the release of land rights and the transfer of land rights. in addition, pursuant to article 18 of act no. 5 year 1960 known also legal action of revocation of rights to land, the act of disposal of land rights done when subject of land rights get request from state done by government / regional government who want rights of land for 1 e. soewanda natanegara, sh and h. karbini. association of agricultural regulations in indonesia. inter city publishers, 1984, p. 273. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 development activity for public interest pursuant to article 6 that all rights to social functioning land. transfer of rights to land occurs when the right to land other than the right of ownership is surrendered by the subject of its right to the state before its expiration due to the provisions of article 6 of law no. 5/1999. 5 years 1960. legal implications relating to legal acts of release of land rights and disposal of land rights sam namely the removal of land rights from legal subjects concerned and the legal status of land objects into land controlled by the state as article 2 jo article 4 of law no. 5 years 1960. the most important aspect of land procurement activities for development purposes is the land requirements of the country for public interest activities where no land is controlled by the state, so the government on behalf of the state makes a policy to take up land rights. in the juridical perspective, the state act shall be based on the constitutional basis, namely article 33 paragraph (3) of the 1945 constitution and article 28 h paragraph (4) stated: every person shall have the right of private property and the right shall not be taken arbitrary by anyone. referring to the view of mary sw sumardjono is certainly in the policy of land acquisition should be based on the principles of democracy and uphold human rights by paying attention to the following things: a. land acquisition is a legal act which results in the loss of a person's physical and nonphysical rights and loss of property for a time or forever. b. compensation for losses must take into account: 1. loss of rights to land, buildings, plants. 2. loss of income and other sources of life. 3. help to move to another location by providing an alternative new location equipped with decent facilities. 4. revenue recovery assistance in order to achieve a state equivalent to the circumstances before a transfer occurs. c. those who are displaced by land acquisition should be accounted for in compensation should be expanded. d. to obtain accurate data about those affected by evictions and the amount of compensation is absolute, basic and socioeconomic surveys are undertaken. e. it is necessary to apply the agency responsible for the implementation of acquisition and resettlement. f. the way deliberations to reach agreement must be developed. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 g. there is a need to accommodate complaints and resolve disputes arising in the process of land acquisition. as a guidance for the purpose as stated by sumardjono, in the context of the legal system is included so that when the legal system occurs a dispute, the principle of duty to settle in relation to land procurement activities, according to boedi harsono there are 6 legal principles of land procurement namely: 1. mastery and use of land by anyone and for any purposes there must be a legal basis. 2. all rights to land are directly or indirectly rooted in the rights of the nation. 3. how to obtain land that has been haki someone must through an agreement between the parties concerned. 4. in circumstances that compel, if the way of deliberation can not result in agreement, for the common good, the ruler in this case the president is authorized by law to take the necessary land by force. 5. whether in the event of acquisition on the basis of an agreement, or in the event of revocation of rights, to the party who has submitted his land shall be given a reasonable compensation. 6. people who are asked to give up their land for development projects are entitled to obtain a bailing from a bureaucratic official. judging from the constitutional basis of article 28 h paragraph (4) of the 1945 constitution, the legal act of land procurement, whether for the interest of the state with motives for the public interest, let alone for private purposes shall respect the full rights of individuals. respect for individual rights is a necessity that must be granted by the state especially to a citizen whose assets or property is just a plot of land. land acquisition for housing is stipulated in permendagri no. 3 of 1987 but more precisely we know in advance about the company of housing development, housing provision of land and land permit location permits, those understandings are: 1. the housing development company is a business entity in the form of a legal entity that seeks in the field of housing construction over land area, which is a residential neighborhood, equipped with environmental infrastructure, public utilities and social facilities settlements. 2. housing is a group of well-deserved homes or residences supplemented by environmental infrastructure, public utilities and social facilities. 3. the provision of land is any activity to acquire land for the enterprise's purposes by providing compensation to the entitled. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 4. land provision is the provision of land area for the purpose of housing development in accordance with the basic pattern of regional development and or master plan of city / city plan. location permit is a license for appointment of land use granted to an enterprise that is absolutely necessary for housing construction.2 3. land acquisition land acquisition committee is a committee in charge of examination or research or settlement of losses in the framework of the acquisition of a right to land with or without a building or plant growing on it, whose establishment is determined by the governor of the head of region for each regency or municipality within a provincial territory concerned. the term "land acquisition" arose in conjunction with the issuance of permendagri number 15 year 1975 dated december 3, 1975 on the provisions on the procedure of land acquisition. with the issuance of this regulation as well as revoke the provisions of bijblad number 11372 jo no. 12476, looking at the anatomy of the rule, the various peculiarities will appear from preamble to dictum, also from substance and formality, so that many criticisms are conveyed by various parties when tested in various scientific forums as well as many reap protests in the level of its implementation in the field. this regulation does not clearly define and with the acquisition of this land, it simply refers "to meet the need for land in development efforts, especially for government purposes". supposedly the provisions of the land acquisition is the implementation with the help of the committee of land acquisition which was formed by the government whose members are all from the government, as expressly stated only for activities relating to the public interest, so that there is selectivity and avoid the misuse of interests made by the committee pembebsan ground . as outlined in the previous chapter, the issue of land acquisition for the benefit of the government/service since the colonial period up to 1961 still refers to the provisions of bijblad no. 11372 jo no. 12476, but since 1961 the provisions of bijblad no. 11372 jo no. 12476 has been declared revoked and ordered to be held a new rule because it is no longer appropriate with the circumstances and needs, then since then (1961) there is no rule that can be secured if the government wants to acquire land for the public interest, that's one factor that menaddi consideration in issuing this rule. but the provisions of bijblad no. 11372 jo no. 12476 when examined published by the highest government leaders at that time as outlined in the 2 i wayan suandra, sh. indonesian land law. ronekacipta publishers, 1991, p. 327 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 governements of foreign affairs, supposedly the replacement of the replenishment is not made by the minister but made by the government in the form of government or by the president's minimal government by presidential decree that when judging from the substance, set forth in the form of law. the regulation even includes law no. 5 of 1960 in consideration of “remembrance”, but obviously overrides the law no. 20 of 1961, in the case of law no. 20 of 1961 as the implementing regulation of article 18 of the basic agrarian law. this waiver is as if everyone or the landowner concerned should not be denied the land acquisition by the government and must receive compensation set by the committee, because there is no other means provided if the refusal of both the act of land acquisition and the determination of the compensation , even the government seems very confident in carrying out this land acquisition as regulated in article 6 paragraph (4) which confirms that the implementation of land acquisition should be completed within a short time. this is unfortunate because in the same provisions that prevailed earlier as in bijblad no. 11372 jo no. 12476 in the consideration of "weighing" this as a reference, it is stated that if the land can not be settled properly then it can be pursued through the revocation of rights as regulated in onteigenningser donan tie sttb.1920-574. it should be enshrined in the issuance of this land acquisition legislation by stating the completion of land acquisition if it can not be resolved normally by using a land abolition institution that has been regulated in law no. 20 of 1961. another regulation that the land acquisition regime has ruled out is the land law as the implementation of the basic agrarian law, namely government regulation no. 10 of 1961 concerning land registration, especially concerning the follow-up procedure after completion of land acquisition, ie when the land has been acquired, the government who has obtained the land is required to obtain a new land title through the procedure of land registration, even though in article 10 has been mentioned the procedure of obtaining the status of the land through permendagri no. 6 of 1972 and no. 5 year 1973. should be umay both permendagri is government regulation no. 10 of 1961 is meant to be included konsiderannya. the rights-releasing event, pursuant to article 9 of permendagri number 15 of 1975, then the execution of disposal shall be carried out at the same time or at the same time as compensation. in practice, of course, sometimes for land owner who refuses the land acquisition, usually their compensation is given through court in payment. for this class there are for disposal followed, and usually with great force and lack of volunteering. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 the cost of land acquisition is obtained from fees charged by the committee to the applicant or the agency requiring the land, by providing official land. the amount of fee to be given to the committee is for transportation and other expenses, in the form of honorarium ¼% of the estimated price with the provision for the whole membership of 1.5% or in the form of rp.1.000.000, -. the basis of the cost of land acquisition, pursuant to article 12 of permendagri number 15 of 1975. the composition of the committee of land acquisition is regulated in article 2 of permendagri number 15 year 1975 in everyday practice can be used as usual buying way as usual selling and selling that we know, with the existence of demand and supply. however, since the land needs a lot of community involvement, for the purchase of land that is not a state land, it is for the sale and purchase of land such as economic theory is difficult to execute the land acquisition path used, as well as the revocation of land rights, due to differences in compensation and etc. then the road is implemented. usually compensation and generally is in the form of money and also in the form of land or other land facilities, such as for land change we can see land can land in another village or another island like bedol desa. the process of determining the price should pay attention to the local price of the local area, this is based on article 1 paragraph (4) permendagri number 15 year 1975 which is determined: the local public price is the basic price set periodically by a committee as referred to in permendagri number 1 of 1975 for an area according to the type of its use. as for the needs of the regency/city the general price used in land acquisition varies, and this is for the price of land classified as less fertile soils, and will differ from the general price of land close to the center of the crowd or economically having more strategic facilities. for other facilities we can take the example as for the company then in giving compensation is usually given facilities or get employment in the company.analysis of the source of the land acquisition committee pursuant to article 2 paragraph (1) of permendagri number 15 year 1975 is determined: a. head of sub-directorate of agrarian district or municipality as chairman concurrently member (now district office or city land office). b. an official from a local government office appointed by the bepati or mayor of the relevant region as a member. c. head of ipeda / ireda office or officer appointed as member (bappeda). d. an official appointed by the agency requiring the land. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 e. head of the local public works office or designated official if on the land of the building and or head of the regional agricultural service or the appointed official if on farm land as a member. f. head of the relevant sub-district official as a member. g. head of village or who is equated with it as a member h. an official from the sub-directorate of agrarian offices of the kabupaten / kota appointed by the sub-directorate of agrarian affairs of the county or municipality concerned (now the district or municipal land office). chairman of the committee of land acquisition can be directly appointed by the regent/ mayor. this is regulated in article 2 paragraph (2) permendagri number 15 of 1975, even this in certain circumstances only 4. authority of the committee in compensation of land acquisition revocation of rights, acquisition of land or land acquisition means taking one of the things that cause the termination of the legal relationship between the subject of rights with the land object. termination of legal relationship between the subjects of rights with the object of the land can be done in various ways, depending on the authorities and the rights holders or other causes beyond the will of the parties. if the termination of legal relationship is carried out by the authorities unilaterally and by force and by compensation, it is called revocation of rights, or nationalization. if the termination of legal relations is carried out by the ruler without any compensation, it is called the settlement. if carried out by the right-holders in a voluntary manner it may be referred to as a right or grant, or a grant of wills, while if done because of the settlement or to pay a third party debt arrears are called auctions. if performed by the holder of rights with another party as the recipient of the next right by agreement and in equal legal position, it is called buying and selling, exchange, distribution of rights together and others. if performed without the willingness of the parties but because of legal events, it is because of inheritance. termination of the legal relationship may only be followed by the abolition of rights or in other words the holder of the old right loses his or her right and the right to the land itself ends by law, it can also occur the termination of the legal relationship the right to survive or remain valid only the holder of his right to move to the party other. revocation of rights including categories causing the breaking of legal relations between the subject and the object of his rights and at the same time the abolition of the land rights and status into the land directly yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 controlled by the state, then the state that acts as the party that directly controls the land and the state will also make arrangements return to the land rights. revocation of such rights may cause the rightful holder to lose their right to their land, while the ownership of land rights constitutes one of human rights as regulated in the constitution namely article 28-h paragraph (4) of the 1945 constitution which affirms "everyone has the right to private property rights and property rights shall not be arbitrarily taken by any person" therefore any revocation of rights or the occurrence of termination of such relationship shall and only may occur if it has been done under the order of the act, then without the instruction of the act the execution of the revocation or termination of the legal relationship can not be justified because it concerns the human nature. the president even without the law order cannot deprive the rights to a person's land, even if in this country the land is mentioned social function is not necessarily on the land of a person can be deprived of his rights without any law that allows it even for the public interest. due to the urgency of land acquisition issues for the public interest, especially in the form of ideal arrangements that must be regulated by law, if new regulations regulating the revocation of rights, land acquisition or land acquisition established under the law, get criticized, therefore when it is issued the pledge of land procurement for public interest with government regulation no. 36 of 2005. however, with the new regulations set forth in the lower regulations of the act can be categorized as a mistake, because in terms of the true substance still regulated by the act. thus the issuance of government regulation no. 36 of 2005 and no. 65 year 2006 needs to be observed, because it can be called has repeated mistakes in the past when the issuance of rules that regulate the same thing that only the level of minister of home affairs (permendagri) namely permendagri no. 15 of 1975 and no. 75 year 1993. in addition to government’s mistakes, it can also be seen as the negligence of the makers and the formulation of the act, namely the parliament, which until now did not take the initiative to draft the act as a revision of law no. 20 of 1961 is deemed no longer able to meet the requirements of government and society as well as the needs of development and development of the times. the issuance of the presidential regulation, at the time of its enactment is still much highlighted and received a negative response from various elements of society, whether incorporated in political organizations, campuses and non-governmental organizations, but until now the government continues and remains committed to enforce it and it seems that there is no yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 intention and attempts to revoke it, as well as the house of representatives may not have a deep understanding for it, so only to the stage of commenting on the regulation, not just helped make it in the form of law. the government's force to enforce this rule is increasingly beckoning suspicious questions, what exactly the government wants behind the imposition of the government regulation on the good in terms of the content and review of the system of constitutionalism has been expressed by those who oppose that this government regulation is imperfect and problematic. while it has not been predicted that the results achieved in the enactment of the government regulation will be able to provide the greatest prosperity of the people, it is clear that in the implementation there have been several bloody incidents in various places, such as the kuromba kendari case (for the construction of the monument) and in central lombok there has been a physical clash between the police and the people who defend their land for the construction of airfields. it is unfortunate if the government regulation on land procurement is a battle arena between the government and the people or groups on behalf of the people. seen the government with the will to uphold its prestige, though not necessarily true, continue to insist to consider running this government regulation is a legitimate and correct act both juridically, politically and practically. government regulation no. 36 of 2005 and law no. 65 of 2006 is also touted as a good tool to accelerate the construction of a supposedly public infrastructure based on transparency and respect for legal rights on the ground, but there are those who consider the authorities to have publicly deceived, the people there are government programs such as the construction of toll roads that are categorized as public interest, it turns out the people see with visible business content, especially if the project is implemented and fully financed by the private sector, why the private sector is fully facilitated by the government through land procurement committee? in one side, the people in the name of oppression defend their right, declared the implementation of the government regulation has violated the law, even feared will destroy the joints of ownership of the land in the future, because after the termination of people's relations with the land, then deprived the roots of culture and life with nature around the place where they live their lives so far, especially for those who are taken their land with compensation is often unfair and fair value so that there is impoverishment because the conditions it faces no better life than before taking the land, so it will rape the property rights of the community. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 if this dispute is to continue, it is certain that the people remain the target of the liberation and procurement of the land, as it may be that the people who take the opposite position will be labeled as opponents of development or against the government and the state. so at the beginning of this paper i first offer an alternative solution that the best way out is to fix the mistake, if indeed the presidential regulation is wrong, it's good to do the improvement with the field of chest without a sense of defeat, because the ideals of upholding justice and legal certainty in government regulation also is the desire of all people without battle and violence. the government should not feel itself defeated in this case, because the conditions of this dispute will create legal uncertainty, there will continue to be obstacles in giving way to bring in investors, because there will continue to disturb the people of the landowners if the procurement of land is not based on the agreement of the people. the main point of this review is not to see how the public response and political response to a conflict arises from the growing discourse in addressing the existence and perception of the government regulation, but intrinsically it will try to comment critically on several issues on a theoretical scale. in such a position, of course, if this criticism is merely a practical prediction, then we will stand on the view that what is being studied in this study, is simply to seek feedback, thus it can be contribute to better rules. however, on the basis of this approach, this at least will be able to assist the formulator of the makers and implementers of the act to put this rule above the attitude of the truth so that it is not suspected as problematic anymore, especially from the beginning this government regulation is indeed regarded as "order", because it is very related to its birth after existence infrastructure summit. 5. conclusion the authority of the land acquisition committee is carried out in view of the request from the private sector/company, after obtaining the location from the regent / mayor, and the regency / city office determines the location of the land for housing. considerations of the status of the land, property and land conditions are lacking. in accordance with the condition of the soil in which the land is in the village, and it is stipulated that the provision of land of less than 200 hectares and for the regency has a general plan of urban spatial, the location permit shall be in the regent / mayor. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 the position and authority of the land acquisition committee is assistance to private parties/companies that require the land acquisition committee. for decisive acquisition of authorized land, its authority gives information of the preliminary research on soil fertility or. references e. soewanda natanegara, sh. and h. karbina. indonesian association of agriculturalregulation.publisher inter-city, jakarta, 1984. i wayan soewandoro, sh. indonesian land law. publisher renika cipta, jakarta, 1991. ps jarwanto principalrised methods and thesis writingguidance.liberty, yogyakarta, 1975. k. wantjik, sh. your rights toland.ghalia, jakarta, 1977. pritono. basic agrarianlaw.publisher mawar, bandung, 1961. r. soehadi, sh. settlement on enactment of the land after agrarianlaw.national business publisher, surabaya, 1986. soetomo, sh. liberation, revocation and registration of rights to land. national business publishers, 1979. soerojo wigdjodipuro, sh. introduction and principle-the principles. haji agung mas, 1990. subekti and tjipto sudibio. book lawact.publisher alumni, bandung, 1981. s. wojo wasito. indonesiandictionary.sprott dharma, bandung, 1972. vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 103 issn print 2086-6852 and issn online 25985892 juridical analysis of the roles and responsibilities of a notary against deeds that are not read before the parties vania bella tumiur rohana boru simorangkir 1* , aisyah ayu musyafah 1 1 faculty of law, diponegoro university, semarang, indonesia *corresponding author email: vaniaasimorangkir@gmail.com article history: received: february 21, 2023; accepted: mei 21, 2023 abstract as a public official, a notary has a role and obligation to ensure that what is in accordance with the wishes of the parties. a notary has the obligation to read the deed to the parties and write a statement of the circumstances of the appearer when he appears before the notary along with the reasons or statement of the deed not being read in the cover of the deed which is a provision contained in the law. if there is a misunderstanding between the parties regarding the preparation of the deed and causes ambiguity over the deed made, then the strength and usefulness of the notary deed needs to be questioned and also regarding the responsibility for the role of the notary who deliberately does not read the deed before the parties. in this study the aim is to examine further the role of the notary in deed that is not read out before the parties and regarding the validity of the deed that is not read out. the research method used in this study is normative juridical, which is statutory research. it is carried out by examining problems using regulations that are related and relevant to the problem, in this case the rules that have to do with the field of notary law, namely uujn and the code of ethics. notary public. the results of the study are that reading the de ed is an obligation that must be carried out by a notary and if the notary's deed is not read out it will cause the deed to be null and void and the strength of proof becomes a private deed. keywords: role, responsibilities, notary, deed. 1. introduction a notary is seen legally as a position that carries out state duties, namely in the case of making authentic deeds made by and before a notary which is a state document that must be kept confidential. the main task of a notary is to make authentic deeds to meet the needs of the people who need their services as appearers so that in carrying out legal actions carried out by the community using the notary's services, they can obtain legal certainty in the implementation of the rights and obligations of each party according to the clause contained in the authentic deed of the notary (r. soesanto, 1982:75). in law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning changes in the position of notary public (uujn) article 1 paragraph 1 which states that a notary as a public official has the authority to make authentic deeds and has other authorities specified in the law -law. therefore, a notary is an official authorized to make agreements and stipulations required by laws and regulations in order to provide legal protection and legal certainty to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 104 issn print 2086-6852 and issn online 25985892 parties. the establishment of an authentic notarial deed is not only based on law, but on the will of the parties so that their rights and obligations are guaranteed. thus guaranteed legal certainty and legal protection for affected parties and other affected parties. the deed drawn up by a notary contains or describes authentically an action taken or a situation seen or witnessed by a notary. authentic deeds produced by a notary can be accounted for and protect the public in carrying out legal actions. the strength of the authentic deed that is produced is perfect proof for the parties (herry susanto, 2010). unless there are appearers who are unable to sign by stating the reasons. the provisions for reading and signing are an integral part of the formalization of the deed. in practice, the duties and obligations of a notary are determined in the applicable regulations, namely article 16 amendment uujn stipulates that a notary must fulfill his obligation to make an authentic deed as a notary. the reading of the deed by a notary is one of the duties of a notary, where in practice the reading of the deed must be carried out before an audience and attended by at least 2 witnesses. in making a will under the hand, 4 witnesses and a notary are needed. the sanctions imposed on a notary who does not read out the deed that has been made are regulated in article 16 paragraph 9 of the amendment to the uujn which causes the notarial deed to not have the force of law as an authentic deed. if the reading of the deed before the parties mentioned above is connected with the making of an authentic deed as a perfect form of proof, it is very clear that conventionally making a notarial deed requires the presence and physical position of the interested parties/appearers. then reading the deed made before a notary is something that must be done by a notary in carrying out his duties. the notary is obliged to read the contents of the deed in front of the parties, this is a concrete example of the form of legal advocacy carried out by a notary. the reading of this deed is useful for providing an explanation so that the parties understand and there are no multiple interpretations after reading by a notary. in practice, currently there are many notaries who do not read the deed they made but at the end of the deed it is stated that the deed has been read by a notary. this actually causes problems and causes the deed made by the notary to become a private deed and harms the parties. the notary deliberately lied and indirectly forged the deed he made. in carrying out his duties as a public official who has the authority to make authentic deeds, it is possible for a notary to make mistakes related to the professionalism of his work as stipulated in article 16 paragraph (1) and paragraph (7) uujn. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 105 issn print 2086-6852 and issn online 25985892 2. research method this research procedure applies a type of normative research to examine problems, and normative research is a study of the application of norms or rules in positive law, so that it is hoped that truth can be realized. "according to soerjono soekanto and sri mamudji, this research is also called library law research because this research only examines literature. the main subject of the study is law which is conceptualized as a norm or as a rule which then applies in a society which becomes a guide for one's behavior. the approach used to help deepen the writing is the statutory approach and also the concept approach. the conceptual approach is used to answer this problem by using several theories, as well as concepts, and legal principles that are common and often used in solving similar problems, using a conceptual approach originating from domestic legal experts and foreign legal experts. country. the legal materials used in this article consist of the relevant laws and regulations, namely the uujn and related books as primary legal materials. and the source of secondary legal material used is scientific articles. the technique of collecting legal material in writing this article uses a document study technique, and uses a descriptive technique to analyze this article. 3. results and discussion juridical analysis of the roles and responsibilities of a notary in reading the deed made before the parties notaries have certain powers granted by the law on notary positions (hereinafter referred to as uujn). each authority given to a position must have legal rules as a limit so that the position can be carried out properly, and does not conflict withother authority positions (rika sofiana, 2020). thus, if a notary public official commits an act outside the specified authority, it can be categorized as an act violating authority. the authority of a notary is stated in article 15 paragraphs (1), (2) and (3) uujn. article 2 uujn stipulates that a notary is appointed and dismissed by the government, in this case the minister in charge of notary affairs article 1 point 14 uujn basically states that a notary even though administratively appointed and dismissed by the government, does not mean that the notary is subordinate (subordinate) to the one who appointed him, namely the government. thus, the notary in carrying out his position (ellise t et al., 2010): 1. is independent (autonomous); 2. not taking sides with anyone (impartial); 3. does not depend on anyone (independent), which means that in carrying out the duties of his position cannot be interfered with by the party who appointed him or by other parties; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 106 issn print 2086-6852 and issn online 25985892 4. does not receive a salary or pension from those who appointed him; 5. even though the notary is appointed and dismissed by the government, he does not receive a salary or pension from the government. notaries only receive honorarium from the people they have served or can provide free services for those who can't afford it; 6. accountability for the work of a notary to the community; 7. a notary as a public official (openbaar ambtenaar) who is authorized to make authentic deeds can be burdened with responsibility for his actions in connection with his work in making these authentic deeds. basically a notary is an official who must provide the best possible service to the public who need authentic evidence. in providing services the notary has the obligations regulated in article 16 of law number 2 of 2014 are as follows: (1) in carrying out his position, notary must: a. acting trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties involved in legal actions; b. load the deed in the form of minutes of the deed and save it as part of the notary's protocol; c. placing letters and documents as well as the fingerprints of the appearers on the minutes of deed; d. issue a grosse deed, a copy of the deed, or a quote based on the deed minuta deed e. provide services in accordance with the provisions of this law, unless there is reason to refuse it f. keep everything confidential regarding the deed he made and all the information obtained for making the deed in accordance with the oath or promise of office, unless the law determines otherwise g. bind the deed made in 1 (one) month into a book containing no more than 50 (fifty) deed, and if the number of deed cannot be contained in one book, the deed can be bound into more than one book, and record the number of minutes of deed , month and year of manufacture on each cover book h. make a list of deed of protest against non-payment or non-receipt of securities i. make a list of deeds relating to the will according to the order in which the deed was drawn up every month. j. send the list of deeds as referred to in letter i or the list of nil relating to the will to the center of the list of wills at the ministry administering the affairs government in the field of law within 5 (five) days in the first week of each month thereafter. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 107 issn print 2086-6852 and issn online 25985892 k. record in the repertorium the date of transmission of the list of wills at the end of each month. l. has a stamp or stamp bearing the state symbol of the republic of indonesia and in the space surrounding it is written the name, position and place of domicile concerned. m. read out the deed before the appearer attended by at least 2 (two) witnesses, or 4 (four) special witnesses for the making of a will under the hand, and signed at the same time by the appearer, witness and notary n. accept notary apprentice candidates. (2). the obligation to keep the minutes of the deed as referred to in paragraph (1) letter b does not apply, in the event that the notary issues the deed in original. (3). the in original deed as referred to in paragraph (2) includes: a. deed of payment of rent, interest, and pensions b. deed of offering cash payment c. deed of protest against non-payment or non-receipt securities d. power of attorney e. certificate of ownership f. other deed in accordance with the provisions legislation (4). in original deed as intended in paragraph (2) can be made more than 1 (one) copy, signed on same time, form and content, with the provisions on each deed are written the words "apply as one and one for all”. (5). deed in original which contains the power of attorney not yet filled in the name of the power of attorney only can be made in 1 (one) copy. (6). the shape and size of the stamp as referred to in paragraph (1) letter ldetermined by ministerial regulation. (7). read the deed as intended paragraph (1) letter m is not mandatory, if the appearer wants the deed not read out because the appearer had read yourself, know, and understand the contents with conditions that it is stated in closing deed as well as on each page minutes of deed initialed by the appearer, witness and notary. (8). provisions as referred to in paragraph (7) is exempted from reading of the head of the deed, comparison, a brief explanation of the subject matter of the deedand cl ear, as well as closing deed. (9). if one of the conditions as referred to in paragraph (1) letter m and paragraph (7) not fulfilled, deed which concerned only has power of proof as a deed under hand. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 108 issn print 2086-6852 and issn online 25985892 (10). provisions as referred to in paragraph (9) does not apply to manufacturing will. (11). notaries who violate the provisions as referred to in paragraph (1) letter a to letter l can subject to sanctions in the form of: a. written warning b. temporary stop c. honorable discharge, d. dishonorable discharge (12). in addition to being subject to sanctions ascreferred to in paragraph (11), violation of the provisions of article 16 paragraph (1) letter j can be an excuse for those who suffer losses to claim reimbursement of costs losses, and interest to the notary. (13). notaries who violate the provisions as referred to in the paragraphs (1) letter n may be subject to sanctions in the form of written warning. regarding the responsibilities of a notary who does not read the deed he made directly, beforehand it must be understood in advance the powers, obligations and prohibitions that a notary has in carrying out his position. the notary's authority is an attribution authority originating from the law governing the position of a notary in making authentic deeds of the object agreed upon in the deed in accordance with the work area of the notary concerned, including reading and signing the deed made (soekanto, 2012). the theory of liability can be used in discussing the notary's responsibility for the deed he did not read. based on the opinion of roscoe pound, liability is related to an obligation to ask for compensation from someone who has done a loss or harm (injury), either by the first person himself or by something that is under his control.(pounds, 1996). the reading of the deed by a notary is an obligation in forming the authentic deed. this is because reading the deed is a form of verlijden or inauguration of an authentic deed, apart from signing the authentic deed. therefore, a deed made by a notary in his position and within the scope of the work area of his position must be read by the notary himself, and may not be carried out by the assistant or employee of the notary concerned. the reading of the deed made by the notary is not only beneficial for the notary, but also for the parties facing it (mido et al., 2018). the reading of the deed is also related to the power of formal proof which states that the notarial deed must provide certainty about what is stated and certainty that everything listed and described in the deed is true and in accordance with the wishes of the parties who appear before the notary (swandewi, 2016). regarding the obligation to read the deed he made, in article 16 paragraph (7) a notary is allowed not to read the deed he made, with the exception of not reading the deed he made if the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 109 issn print 2086-6852 and issn online 25985892 appearers want the deed drawn up by the notary not to be read because the appearers have read the deed themselves, so that they feel they already know and understand the contents of the deed. if the deed is not read out because of the exception, then the provisions regarding this matter must be stated in the closing part of the deed, as well as on each page of the minutes of the deed initialed by the appearers, witnesses and also the notary. thus it can be interpreted that the reading of the deed is not mandatory as long as it is in accordance with these regulations, it is different if in practice the notary intentionally does not read the deed made even though the notary is in place, or the deed made is not read out because the notary is not in place so that the appearers are served by employees or notary assistants, or the deed is read out but not all that is read out , and the deed was read but not by the notary himself, but read by the notary's employee or assistant or the appearer did not want the deed not to be read, but the notary did not state the provision in closing the deed that the notary did not read the deed he made based on the will of the parties. if indeed the parties wish not to read it, this will result in the deed made by the notary being not in accordance with what the appearer wants, or the appearers may not understand the contents of the deed, which will lead to misunderstandings and multiple interpretations regarding the contents of the deed drawn up by the notary, as a result one of the parties in the deed can do default or deed can not be used as it should. based on article 38 paragraph (4) letter a uujn-amendment, the head of the deed and the closing deed are the responsibility of the notary, so the notary is obliged to read the deed he made and write a statement regarding the condition of the appearers when making the deed before the notary and the reasons or information regarding the deed which was not read out by the notary in the closing part of the deed because this was an order from the law. the habit of copying the deed made by a notary for the same deed from a deed that has been made before, can cause the notary to forget to replace important parts related to the circumstances of the appearers when making the authentic deed, which is the responsibility of the notary. so that basically the benefit of reading the deed for the notary is a control over the authentic deed he has made, so that if there are errors and changes occur in the contents of the deed or those that are still wrong or the contents of the deed are not in accordance with the wishes of the appearer, the notary has the opportunity to correct them. this is very important to note, because due to the notary's negligence and carelessness, if the deed made is not in accordance with the provisions of the law, then the authentic deed made by the notary will become legally flawed and cause legal consequences for proving an authentic deed. it becomes a deed made under the hand, as stipulated in article 16 paragraph (9) uujn-amendment (nyarong et al., n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 110 issn print 2086-6852 and issn online 25985892 as a result of this error, not only the parties suffer losses, the notary as the official who made the deed will also suffer losses due to the problematic deed he made. the losses experienced by the notary because the notary will be reported to the authorities, in this case the notary regional supervisory board (mpd), the police, and even the consumer dispute settlement agency. depending on the form and amount of losses suffered by the parties due to errors and negligence committed by the notary in making the deed, the notary can be held accountable for this. strength of proof of notary deeds not read by a notary regarding the status of a notarial deed that was not read out by a notary, basically a notary deed is an authentic deed that has the force of law in terms of proof. however, this cannot be separated from the procedures and procedures for making authentic deeds in accordance with applicable regulations. these rules become a limitation for notaries in burdening or taking action against individuals. the existence of these rules and the implementation of these rules give rise to legal certainty(peter mahmud, 2008). based on the principle of legal certainty, making an authentic deed that is not in accordance with the provisions contained in the applicable regulations, the position of the deed can be questioned. legal certainty from the position of an authentic deed made by a notary is very important for the parties. as specified in article 1868 of the civil code, regarding drafting, reading and signing the deed, verlijden in the process of making the deed related to the duties and authority of the notary to read the deed and ensure that the deed has been understood and signed by the appearers and the witnesses used in the the deed. this is what distinguishes an authentic notarial deed from making a private deed. the reading of the deed is an important part in the process of making the deed by a notary. by reading the deed made by the notary directly, the notary can find out the contents and intent of the deed so that it is in accordance with the wishes of the parties. in addition, the purpose of reading the deed by the notary concerned, one of which is to guarantee that the deed being signed is the same as the deed that has been read out. by reading the deed, it serves as a control for the parties and the notary as the maker of the deed in order to obtain certainty that the deed made is the will of the parties facing it, so that if something is deemed wrong or lacking, the deed can be corrected before it is signed. by the appearers, witnesses and notaries. in carrying out his duties and positions, the notary has the obligation to read the deed he has made before the appearers which at that time is also attended by witnesses known to the notary and the signing of the deed must be carried out after the deed has been read and approved by the appearers which is then signed by the appearers , witness, and notary. this is as stipulated in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 111 issn print 2086-6852 and issn online 25985892 article 16 paragraph (1) letter i uujn(notary syamsi, 2022). in connection with the reading of this deed, the question arises as to whether the deed can be read by another person or not. according to the results of the interview with the notary, it was stated that a deed drawn up by the notary must be read by the notary himself and not order employees or assistants from the notary to do so. although in practice there are still notaries who deliberately do not read out their deeds or the deed is not spoken by a notary, but an employee or assistant of the notary. this should receive more attention, because the reading of the deed by a notary is part of the verlijden of the deed. through reading the deed, the notary can explain what and how the contents and intent of the deed are in accordance with what is the will of the parties. after reading the deed by the notary, it must be included at the end of the deed(merlyani et al., 2020). this also applies if the parties do not wish the deed to be read out because the appearers have read it themselves and understand the intent and purpose of the deed drawn up. for this reason, the notary is also obliged to include at the end of the deed made that the deed was not read out because of the will of the parties. this is very important to do because it relates to the position of the deed made. if the notary intentionally does not read the deed drawn up without the consent of the appearers, then the notary may be deemed to have committed an offense by not reading the deed drawn up by the notary to the appearers. the sanctions that can be imposed as stated in article 28 paragraph (5) staadblad number 3 of 1860, namely the deed made by the notary will lose the power of proof as an authentic deed and will only apply as a deed made privately. this is also stipulated in article 84 uujn which basically regulates the same matter, even the deed is considered null and void and can be an excuse for appearers who feel aggrieved to demand reimbursement of costs and compensation to the notary concerned. based on the new notary position regulations, notaries are required to make deeds in accordance with those determined by laws and regulations. if a deed is made not in accordance with the applicable rules due to negligence in making it by the notary, then the deed does not fulfill the elements of an authentic deed regulated in article 1868 of the civil code. when the deed made by the notary does not fulfill the elements of an authentic deed, then the deed no longer has the strength of proof as an authentic deed,(multazam & purwaningsih, n.d.). proof of the deed under the hand depends on the confessions and statements of the appearers and the witnesses who signed the deed, their heirs and the people who got the rights from them. based on the above opinion, it is clear that in accordance with the provisions of article 16 paragraph (1) letter l uujn, the notary deed must be read by the notary himself without being http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 112 issn print 2086-6852 and issn online 25985892 represented by another person. seeing the provisions of article 38 paragraph (4) letter a uujn, determines that the existence of such reading must be stated explicitly in the notarial deed. thus, whether the deed is read or not read must be stated at the end of the deed. if this is not done, there are formal aspects that are not fulfilled, which results in the deed being legally flawed and only having the force of law like an underhand deed. an authentic deed that only has the power of underhand evidence is not a problem as long as the deed only regulates the agreement agreed upon by the parties who have acknowledged the truth of all the actions committed in the deed. but this will be problematic when the deed made is a condition for the birth of a legal relationship that has been determined by law, such as the establishment of a limited liability company which requires the use of an authentic deed.(kartikosari & sesung, 2017). in such a case, the deed of establishment of the limited liability company becomes invalid because the deed of establishment becomes a private deed. 4. conclusions the notary has the role of reading out the deed he has made before the parties. through reading the deed, the notary can explain what and how the contents and intent of the deed are in accordance with what is the will of the parties. after reading the deed by the notary, it must be included at the end of the deed. this also applies if the parties do not wish the deed to be read out because the appearers have read it themselves and understand the intent and purpose of the deed drawn up. for this reason, the notary is also obliged to include at the end of the deed made that the deed was not read out because of the will of the parties. this is very important to do because it relates to the position of the deed made. if the notary intentionally does not read the deed drawn up without the consent of the appearers, then the notary may be deemed to have committed an offense by not reading the deed drawn up by the notary to the appearers. the sanctions that can be imposed as stated in article 28 paragraph (5) staadblad number 3 of 1860, namely the deed made by the notary will lose the power of proof as an authentic deed and will only apply as a deed made privately. references ellise t, sulastini, & aditya wahyu. (2010). pertanggungjawaban notaris terhadap akta yang berindikasi pidana. refika aditama. herry susanto. (2010). peran notaris dalam menciptakan kepatutan dalam kontrak . uii press. kartikosari, h., & sesung, r. (2017). pembatasan jumlah pembuatan akta notaris oleh dewan kehormatan pusat ikatan notaris indonesia. panorama hukum, 2(2), 167–184. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 113 issn print 2086-6852 and issn online 25985892 merlyani, d., yahanan, a., trisaka, a., provinsi, w., & selatan, s. (2020). kewajiban pembacaan akta otentik oleh notaris di hadapan penghadap dengan konsep cyber notary. jurnal ilmiah hukum kenotariatan, 9(1). https://doi.org/10.28946/rpt.v9i1.358 mido, m. t. c., nurjaya, i. n., & safa’at, r. (2018). tanggung jawab perdata notaris terhadap akta yang dibacakan oleh staf notaris di hadapan penghadap. lentera hukum, 5(1), 156– 173. multazam, m. t., & purwaningsih, s. b. (n.d.). verlijden pada jabatan notaris di indonesia (bukti di sidoarjo). . res judicata, 1(1). notarianul syamsi. (2022). analisis yuridis terhadap perbuatan notaris yang tidak membacakan akta (studi kasus putusan mpwn sumatera utara nomor 7 /mpwn.provinsi sumatera utara/x/2016). recital review, 4(1). nyarong, t. t., gede, i., & pramana, p. (n.d.). akibat hukum akta autentik yang dibacakan oleh pegawai notaris kepada para pihak. https://doi.org/10.24843/ac.2021.v06.i02.p0 peter mahmud. (2008). pengantar ilmu hukum. kencana. pound, r. (1996). ngantar filsafat hukum (an introduction to the philosophy of law) . bhratara. rika sofiana. (2020). analisis yuridis atas kewajiban notaris bersikap independen terhadap para penghadap ditinjau dari uu no. 2 tahun 2014 tentang perubahan atas uu no. 30 tahun 2004 tentang jabatan notaris. al-mursalah, 6(1). r.soesanto. (1982). tugas, kewajiban, dan hak-hak notaris, wakil notaris. pradnya paramita. soekanto, s. (2012). pengantar penelitian hukum. ui press. swandewi, i. a. p. (2016). pengesahan akta notaris bagi penghadap yang mengalami cacat fisik. acta comitas, 29–41. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 412 issn print 2086-6852 and issn online 2598-5892 decree of the president of the republic of indonesia no 55/m of 2020 concerning termination and appointment of membership no after the supreme court decision number5p/hum/2021 novi hamzah 1* , widyawati boediningsih 2 1,2 faculty of law, university of narotama surabaya, indonesia *corresponding author e-mail: novihamzah@gmail.com article history: received: oktober 15, 2022; accepted: december 25, 2022 abstract the purpose of this research is to find outpositionno as an independent institution after the decision of the supreme court number 5 p/hum/2021 and the decision of the supreme court number 5 p/hum/2021 against the decree of the president of the republic of indonesia no. 55/m, this research method uses normative juridical issues through law by looking at legal norms in force, also aims to reveal the truth in a systematic and consistent manner. research results the validity of a decision and/or can be seen from 3 aspects, namely authority, procedure and substance which can be tested based on laws and regulations, aupb, court decisions, and whether or not there is a juridical defect. so that decisions or actions of government administration are declared invalid if they are wrong in terms of authority and declared null and void if they are wrong in terms of procedure and/or substance. supreme court decision number 5p/hum/2021 considers the menkes regulation a form of government interference in kki, so permenkes number 81 of 2019 concerning amendments to minister of health regulation number 496/menkes/per/v/2008 is null and void by law including the decree of the president of the republic of indonesia no 55/m of 2020 regarding the appointment of kki members for the period 2020 to 2025 keywords: ma, president, kki, menkes, uud 1. introduction as a legal state, the republic of indonesia aims to prosper its people (susanto, 2021), for this achievement to be realized through a process of developing the quality and professionalism of human resources. the law of the republic of indonesia number 36 of 2009 concerning health, states that health is a human right so that it must be realized as the ideals of the indonesian nation (agustina, 2016). in an effort to maintain and improve the degree of public health, the principles of non-discrimination, participation and sustainability must be realized (junef, 2021), therefore the state must be present in people's lives and ensure that the realization of general welfare is achieved, but the presence of the state must remain based on applicable laws and regulations, so that the principle of equality before the law is guaranteed to every citizen (u. u. d. indonesia, 1945). in article 28 h of the 1945 constitution it is stated that everyone has the right to live in physical and spiritual prosperity, to have a place to live and to get a good and healthy environment http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 413 issn print 2086-6852 and issn online 2598-5892 and has the right to obtain health services, while in article 34 paragraph (3) it is stated that the state is responsible for providing facilities proper health services and public service facilities (m. b. kurniawan, 2018). therefore the health services provided must be of good quality (r. indonesia, 2009). the indonesian medical council, which is abbreviated as (kki) which is used in this paper, was born to protect the public, foster the profession and provide legal certainty to users and providers of medical practice services. kki membership is delegates from institutions and organizations to community representatives, and in indonesia. kki is a state institution as mandated by law no. 29 of 2004 concerning medical practice or abbreviated as (uupk) (k. k. indonesia, 2012). article 7 uupk contains the duties and powers of kki including: a. registration of doctors and dentists. b. ratify professional education standards for doctors and dentists, c. provide guidance on the implementation of medical practice carried out together with related institutions in accordance with their respective functions. article 8 uupk contains the authority of kki, namely: a. approve and reject applications for registration of doctors and dentists, b. issue and revoke registration certificates of doctors and dentists, c. ratify the competency standards of doctors and dentists d. conduct examination of the registration requirements of doctors and dentists e. authorizes the application of the branches of medicine and dentistry f. carry out joint coaching for doctors and dentists regarding the implementation of professional ethics established by professional organizations; and, g. record doctors and dentists who are subject to sanctions by professional organizations or their apparatus for violating provisions of professional ethics (fajar, 2021). this mechanism is carried out so that medical and dental professional education meets standards. procedures for the appointment and dismissal of members no regulated in regulation of the minister of health number 496 / menkes / per / v / 2008 concerning procedures for proposing candidates for members of the indonesian medical council and strengthened by presidential regulation number 35 of 2008 concerning procedures for appointment and termination of membership of the indonesian medical council. however, until the term of kki membership for the 2014-2019 period ends, the prospective kki members who have been proposed are deemed not to have met the requirements by the ministry of health, so an extension is made for three months through presidential decree number 34/m of 2019 concerning extension of the term of office of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 414 issn print 2086-6852 and issn online 2598-5892 kki membership, then it is extended again without a time limit through presidential decree number 47/m of 2019. with the consideration that the requirements have not been met as a proposed new kki member for up to two extensions of the term of office, the ministry of health issued regulation of the minister of health of the republic of indonesia number 81 of 2019 which amended regulation of the minister of health number 496 / menkes / per / v / 2008 concerning 2008 concerning governance how to propose candidate members of the indonesian medical council. the legal basis for the changes to the permenkes are article 22 and article 23 of law number 30 of 2014 concerning government administration. article 22 (2) every use of the discretion of government officials is aimed at: facilitating administration of government, filling legal voids, providing legal certainty; and overcoming governmental stagnation in the public interest. article 23 discretion of government officials includes: making decisions and or actions based on the provisions of laws and regulations that provide a choice of decisions and/or actions; making decisions and/or actions because laws and regulations do not regulate; making decisions and/or actions due to incomplete or unclear laws and regulations; and decision-making and/or action due to government stagnation for broader interests (razak & situmorang, 2019). with the amendment to article 6 of the regulation of the minister of health number 496/menkes/per/v/2008 concerning procedures for proposing candidates for members of the indonesian medical council which is in the regulation of the minister of health number 81 of 2019 concerning amendments to the regulation of the minister of health number 496 /menkes/per/v / 2008 concerning procedures for proposing prospective members of the indonesian medical council (law, 2014). whereas in terms of the leadership of each element and the indonesian medical council for the current period: a. does not nominate candidates for members of the indonesian medical council; b. the number proposed is less than 2 (two) times the number of representatives of each member of the indonesian medical council; and/or c. candidate members of the indonesian medical council who are proposed do not meet the requirements, the minister of health can nominate candidates for members of the indonesian medical council to the president (p. r. indonesia, 2008). on the basis of the amendment to this article, new kki members can be legalized and stipulated through presidential decree no. 55/m 2020 concerning dismissal and appointment of kki members. however, this step by the ministry of health received a protest in an official and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 415 issn print 2086-6852 and issn online 2598-5892 open letter dated 18 august 2020, which stated that the names of kki members determined by the president through presidential decree 55 / m / 2020 did not match the proposals that had been submitted to the ministry of health. due to no response, the five organizations idi, pdgi, aipki, afdokgi,mkki, mkkgi, andarspi filed a lawsuit because it was considered that the ministry of health had acted arbitrarily by setting aside the five organizations' rights to nominate members of the indonesian medical council (p. r. indonesia, 2008). based on the background described above, what is the positionno after the publication of the regulation of the minister of health of the republic of indonesia number 81 of 2019 and the consequences arising from the supreme court decision number 5 p/hum/2021 against the presidential decree of the republic of indonesia no 55/m of 2020. 2. research method the research method is by approaching the problem through the law by looking at the applicable legal norms. or what is called normative juridically and also aims to reveal the truth in a systematic and consistent manner. or called the statute approach. this type of legal research is basically a systematic method and thought to study legal phenomena and then analyze and examine in depth the legal facts to then solve the problem. what is conceptualized as what is written in statutory regulations or law in books as rules that are considered appropriate and facts in the field so that this type of writing is called normative juridical research. sources of legal materials this writing uses secondary legal materials, in the form of all publications about law including books, texts, legal dictionaries, legal journals and comments on court decisions. problem approach. 1. the statutory approach. 2. conceptual approach the conceptual approach is carried out if the researcher does not depart from existing legal rules, so he must take an approach from the views and doctrines that develop in the science of law to become a basis for building arguments in resolving a legal issue. 3. results and discussion indonesian medical council medical education began with dr.vd.bosch's idea by opening a "doctor jav school" in the weltevreden area, or currently located in the area of the gatot subroto army hospital, kwini, central jakarta and in 1851, and developed into the school tot opleiding voor indische arts ( stovia) later became geneskundige hoogeschool (gh), and during the japanese colonial period http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 416 issn print 2086-6852 and issn online 2598-5892 it became ika dai gaku. after independence, it became the jakarta medical college, which later became the faculty of medicine, university of indonesia. simultaneously in surabaya, the nederlandsche indische artsen school (nias) was established, both of which were the forerunners of higher education in indonesia. then in 1949, the government of the republic of indonesia opened gadjah mada university in yogyakarta including the faculty of medicine in it, as a symbol of higher education that was built independently by the state (herlianto, 2014). the medical council first appeared in england in 1851, as an independent and independent institution that regulates medical education and practice called the general medical council (gmc) followed by former british colony countries such as malaysia (malaysian medical council), india (indian medical council). council), bangladesh (bangladesh medical council), sri lanka (srilanka medical council), australian and so on. many countries in the world feel the need for an independent and independent institution to regulate the medical profession because of the uniqueness of the profession and because of the need for strong and well-established regulations to regulate the medical profession, because this profession is related to human life. kki is intended to protect the public receiving health services and to improve the quality of health services through upholding the discipline of its members in carrying out the profession. established legal basisno is the medical practice law number 29 of 2004, as a state institution the position is the same as other state institutions established by law such as the corruption eradication commission, the constitutional court and other institutions. article 1 paragraph 3 of law 29/2004 that kki is an autonomous, independent, non-structural and independent body that carries out regulatory functions. the reasons for the establishment of kki are: 1. for structural differentiation. 2. the need to centralize services in one institution. as the executive and legislature, kki makes regulations in the field of medical practice and as a judiciary, this institution adjudicates violations of the discipline of medical practice, the mechanism of which is through the indonesian medical discipline honorary council (mkdki) (sulaiman et al., 2021). independence of state institutions etymologically, independence means the ability to stand alone. there is no interference from power (sirajuddin & winardi, 2015). inblack‟s law dictionary mentions independent as not dependent; not subject to control, restriction, modification, or limitation from a given outside source. not dependent on, not subject to any control, restriction, modification or resource limitations provided outside. so independence is freedom from influence, instruction or direction, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 417 issn print 2086-6852 and issn online 2598-5892 or control from other parties. institutional independence substantively must be owned by state institutions including 1. institutional or structural independence, where the structure of an organization can be described in a completely separate chart. 2. functional independence, guarantees the implementation of functions and is not emphasized from the institutional structure 3. administrative independence in the form of financial independence 4. personnel independence. but must be subject to limitations in the form of laws so as not to cause arbitrariness. the medical practice act contains norms that bind and regulate the rights and obligations of the entire public. the law also determines to what extent an institution, or what institution as the executor of the law is given the authority to carry out regulatory functions. guided by the uupk, kki produces products such as indonesian medical council regulations, abbreviated as perkonsil, and medical council decrees, which are abbreviated as perkonsil. legal products from state institutions are determined by a hierarchy of norms, so the rules for both perkonsil and perkonsil as products from kki as regulators have the same level as government regulations, according to the order in the legislation, namely the constitution, laws, perpu, pp, perpres , provincial regulations, district/city regional regulations. therefore, ministerial regulations or regional regulations may not conflict with perkonsil or perkonsilkepkonsil. on the other hand the consul can only be changed by law. this is a trust from the reformation, where political dynamics cannot influence the independent institution that regulates the medical profession (ri, n.d.). regulation of the minister of health number 496/menkes/per/v/2008 in article 3 it is stated that prospective kki members who come from professional organizations, associations and collegiums are selected through an election mechanism in their respective environments and determined by professional organizations, associations and collegiums. whereas candidates from the ministry of national education are determined by the minister of national education and candidate members who come from community leaders are selected according to the provisions stipulated in the regulations of the indonesian medical council and have been determined to be proposed to the minister of health except for candidate members who come from the ministry of health. if during his journey the candidate has not met the requirements, then in accordance with article 4, the candidate will be returned to the proposing element to complete the requirements. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 418 issn print 2086-6852 and issn online 2598-5892 so that the ministry of health only waits for the proposing organization, does not play an active role and even makes appointments, this is also reinforced by the presidential regulation of the republic of indonesia number 35 of 2008 concerning procedures for appointing and termination of membership of the indonesian medical council. background of the issuance of regulation of the minister of health of the republic of indonesia number 81 of 2019. it states that the background for the issuance of the permenkes is in accordance with the provisions of article 14 paragraph (3) of law number 29 of 2004 concerning medical practice, which states that the minister of health is responsible for proposing kki membership to be determined by the president, there is also a legal vacuum in arrangements for filling kki membership whose term of service has ended but there are no proposals that comply with statutory provisions so as to maintain the smooth running of government, fill legal voids, provide legal certainty, and overcome government stagnation in certain circumstances for the benefit and public interest is also based on the provisions of article 22 and article 23 of law number 30 of 2014 concerning government administration, it is necessary to change the arrangements for proposing kki membership, that based on these considerations the minister of health can designate potential kki members to the president n. in the current case, the criteria for proposing new members have not met up to two extensions of the term of office. the legal basis used to amend the permenkes is article 22 and article 23 of law number 30 of 2014 concerning government administration (r. d. kurniawan &yuliharson, 2022). article 22 (2) every use of government official discretion aims to: a. launching government administration; b. filling legal voids; c. provide legal certainty; and d. overcome government stagnation in the public interest. article 23 discretion of government officials includes: a. making decisions and/or actions based on the provisions of laws and regulations that provide a choice of decisions and/or actions; b. taking decisions and/or actions because laws and regulations do not regulate; c. taking decisions and/or actions because the laws and regulations are incomplete or unclear; and d. decision-making and/or action due to government stagnation for wider interests. so according to the ministry of health when article 6 reads as follows, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 419 issn print 2086-6852 and issn online 2598-5892 whereas in terms of the leadership of each element and the indonesian medical council for the current period: a. not nominate candidates for members of the indonesian medical council b. the number proposed is less than 2 (two) times the number of representatives of each member of the indonesian medical council membership and/or the proposed candidates for members of the indonesian medical council do not meet the requirements, the minister of health can nominate candidates for members of the indonesian medical council to the president. then it will be easier to propose candidates for kki members to the president. on the basis of the new ministerial regulation, new kki members will be prioritized through presidential decree no. 55/m 2020 concerning dismissal and appointment of kki members, whereas in the next article in law number 30 of 2014 concerning government administration it is stated that discretion can be taken if not contrary to the law. article 24 government officials who use discretion must meet the following requirements: a. in accordance with the purpose of discretion as referred to in article 22 paragraph (2); b. does not conflict with the provisions of laws and regulations; c. in accordance with the general principles of good governance; d. based on objective reasons; e. does not cause a conflict of interest. f. done in good faith. so that this change is contrary to article 1 point 3 of law number 29 of 2004 concerning medical practice which reads the indonesian medical council is an autonomous, independent, nonstructural and independent body, directly responsible to the president of the republic of indonesia, with the aim of providing protection to patients, maintain and improve the quality of medical services provided by doctors and dentists, and provide legal certainty to the public, doctors and dentists. consequences caused by the issuance of supreme court decision number 5 p/hum/2021 validity legitimacy or legality or in terms of dutch law "rechtmatig" which means "based on law" or in english it is called "legality" which means "law fullness" or in accordance with the law. this concept stems from the birth of the conception of a rule of law state (rechtsstaat) in which government action must be based on legal provisions governing "rechtsmatig van het bestuur", that is, in essence, the application of the principle of legality in government legal actions. the concept was born as an attempt to limit the absolute power of the king as the holder of sovereignty http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 420 issn print 2086-6852 and issn online 2598-5892 (principle legibus solutus est). therefore law is born as a limitation of power, so that if government actions are not based on law or exceed the provisions stipulated by law, then government actions become legally flawed or are called onrechtmatige, so that the principle of legitimacy or legality is very closely related to the aim of protecting human rights. people from government actions (hadi & michael, 2017). in the big indonesian dictionary, validity itself comes from the word ke.ab.sah.an which can mean a valid noun (noun). law exists to integrate and coordinate the interests of society by limiting and protecting conflicting interests (satjipto, 2000). for this reason, the law must provide protection to all because everyone has the same position before the law. legal certainty the definition of legal certainty is legal rules, both written and unwritten, which contain rules that are general in nature and serve as guidelines for individuals to behave in society and become limits for society in burdening or taking action against individuals. the principle of legal certainty is necessary for the creation of the principles of the rule of law. normatively, when a regulation is made and promulgated, it does not raise doubts because it has multiple interpretations, is logical and has predictability. so that the function of legal certainty is as a guide so that people comply with the law and protect the community against arbitrary government actions which with their strength can make and enforce new legal rules. legal certainty theory legal certainty according to jan michiel otto is defined as the possibility that in certain situations: 1. there are rules that are clear, consistent and easy to obtain, issued by and recognized by the state. 2. the ruling agencies apply these legal rules consistently and also obey and obey them. 3. citizens in principle adjust their behavior to these rules. 4. independent, thoughtless (judicial) judges apply these legal rules consistently when they resolve legal disputes. legal certainty is a guarantee that the law is implemented in a good way (abdullah, 1994). according to kelsen, the principle of certainty, expediency and justice, law is a system of norms that emphasizes the "should" or das sollen aspects, where laws containing general rules serve as guidelines for individuals to behave in society. supreme court decision the supreme court (abbreviated as ma) together with the constitutional court (abbreviated as mk) are state institutions that exercise judicial power in indonesia as stipulated in article 24 paragraph (2) of the 1945 constitution. together with the judicial commission (ky), http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 421 issn print 2086-6852 and issn online 2598-5892 the three are state judicial institutions in charge of oversee the implementation of applicable laws. ma is a court of justice or court of justice. meanwhile, the constitutional court is more inclined as a court of law or court of law. ma is a state institution authorized to adjudicate at the cassation level, examine statutory regulations under the law against the law, and has other powers granted by law. according to law number 4 of 2004 concerning judicial power, article 11 paragraph (1), the supreme court is the highest state court of the four judicial environments as referred to in article 10 paragraph (2) the judicial bodies under the supreme court include judicial bodies in the environment of general courts, religious courts, military courts and state administrative courts. whereas article 1 and article 2 of law number 14 of 1985 concerning the supreme court states: article 1: the supreme court is a state high institution as referred to in the decree of the people's consultative assembly of the republic of indonesia number: iii/mpr/1978. whereas in article 2 it is explained: the supreme court is the highest court of all judicial environments which in carrying out its duties is independent from government influence and other influences, so that the supreme court can examine and decide on requests for cassation, disputes regarding the authority to adjudicate, and requests for review of court decisions that has obtained permanent legal force; providing legal advice, whether requested or not, to high state institutions; provide legal advice to the president as the head of state for granting and refusing clemency; examine materially only against statutory regulations under the law; and carry out other duties and authorities based on the law. when can an action be canceled (canceled or invalid). various reading sources on state administrative law provide many theories regarding the various legal consequences that can occur if a decision does not meet legal requirements, which can be in the form of: 1. canceled due to law: will result in the decision being canceled retroactively, starting from the date of issuance of the decision being canceled. the situation is returned to its original state before the issuance of the decision (ex tunc) and the legal consequences arising from the decision are deemed to have never existed. decisions that can be canceled are declared null and void after being declared null and void by the judge or the competent authority and the cancellation is not retroactive. thus legally the act and the legal consequences arising from it are deemed to have existed and are valid, until the issuance of a decision to annulment (ex nunc), unless the law determines otherwise. 2. absolute annulment: that is, when the annulment of the decision can be demanded by everyone. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 422 issn print 2086-6852 and issn online 2598-5892 3. relative cancellation: namely a decision whose cancellation can only be demanded by certain people. in simple terms, the concept of void, null and void and revocable is explained by hadjon as follows: an invalid decision can result in "nietigheid van rechtswege", namely null and void, "nietig" (canceled) or "vernietigbaar" or can be cancelled. "nietig" means that according to the law the act committed is considered non-existent. consequently, in law the consequences of the act are deemed to have never existed, while "vernietigbaar" means in law the act committed and its consequences are deemed to exist until the time of cancellation by a judge or other competent body. "nietigheid van rechtswege" means that according to law the consequences of an act are considered non-existent without the need for a decision to cancel the act. government actions can result in null and void, void, or can be canceled depending on the essence of whether there are deficiencies in the decision. whereas cancellations and legal consequences of decisions and or actions that are null and void, every decision and or action is always considered valid or rechmatig, until there is an annulment, this is the principle of the presumption of rechtmatig or presumptio iustae causa, so that every decision and action cannot be declared defects unless based on testing the validity of the decision. according to the big indonesian dictionary or abbreviated as kbbi, the term "invalid" is not specifically known, what exists is the definition of "legal" related to law, namely carried out according to law or law, regulations that apply even though etymologically, the meaning is void related to by law is invalid or invalid so it is difficult to interpret the difference etymologically null and void. it is different when viewed from the legal definition, namely based on statutory regulations which are currently regulated in the government administration act. there are at least three terms that can be found related to the cancellation of decisions and or actions in the government administration law, namely invalid, null and void. article 66 paragraph (1) of the government administration law which states that a decision can only be canceled if there is a defect: a. authority; b. procedure; and or c. substance. article 71 paragraphs (1) and (2) which state that: (1) decisions and/or actions can be canceled when: a. there is a procedural error; or b. there is a substance error. (2) the legal consequences of the decisions and/or actions as referred to in paragraph (1): a. non-binding from the time it is canceled or remains valid until there is cancellation; b. and ends after there is a cancellation http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 423 issn print 2086-6852 and issn online 2598-5892 the definition of invalid can be seen in article 19 paragraph (1) which states that: what is meant by "invalid" is decisions and/or actions determined and/or carried out by government agencies and/or officials who are not authorized so that they are deemed to have never existed or to be returned to their original state before decisions and/or actions are determined and/or carried out and all legal consequences arising are deemed to have never existed. definitions and legal consequences of cancellation and invalidity of a decision and/or action can be seen in articles 70-71 of the government administration law which can be described as follows: null and void non-binding since the decision and/or action is stipulated; and is not binding from the time it is canceled or remains valid until there is cancellation; and all the legal consequences that arise are considered to have never existed. ends after cancellation. in the event that a decision resulting in payment from state funds is declared null and void, the decision to cancel is made by a government official and/or superior official, the agency and/or government official must return the money to the state treasury. stipulate and/or carry out new decisions and/or actions of government officials or based on court orders. it can be concluded that the meaning of "invalid" for a ktun is actually the same as the nietig concept in administrative law theory. regarding null and void in ptun decisions, but in practice so far in ptun, the application of null and void in ptun decisions is the same as the definition contained in the government administration law, so that the definition of the government administration law is in line with practice so far at ptun. supreme court considerations it should be realized that the minister of health of the republic of indonesia obtains attributive authority from the applicable laws and regulations to issue provisions regarding the procedures for nominating candidates for members of the indonesian medical council, so that from the perspective of authority, it is in accordance with the mandate of law number 29 of 2004 concerning medical practice and presidential regulation number 35 of 2008 concerning procedures for appointing and termination of membership of the indonesian medical council but the content material is article 1 regulation of the minister of health of the republic of indonesia number 81 of 2019 concerning amendments to regulation of the minister of health number 496 / menkes / per /v/2008 concerning procedures proposal for prospective members of the indonesian medical council which determines: the provisions of article 6 in the regulation of the minister of health number 496 / menkes / per / v / 2008 concerning procedures for proposing candidates for members of the indonesian medical council, amended so that it reads as follows: article 6 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 424 issn print 2086-6852 and issn online 2598-5892 (1) in the event that the leadership of each element and the indonesian medical council for the current period as referred to in article 2 paragraph (1) and paragraph (2): a. does not nominate candidates for members of the indonesian medical council; b. the number proposed is less than 2 (two) times the number of representatives of each member of the indonesian medical council; and/or; c. the proposed candidate for members of the indonesian medical council does not meet the requirements; the minister may propose candidates for members of the indonesian medical council to the president; (2) in proposing the membership of the indonesian medical council as referred to in paragraph (1), the minister still considers the representation of each element." therefore, hierarchically, the sources of these laws are higher laws and regulations, namely law number 29 of 2004 concerning medical practice, which is then elaborated in presidential regulation number 35 of 2008 concerning procedures for appointing and termination of membership of the indonesian medical council, so that the supreme court is guided by these two regulations namely article 14 paragraph (1) of law number 29 of 2004 concerning medical practice regulates: (1) the number of members of the indonesian medical council is 17 (seventeen) people consisting of elements from: a. 2 (two) medical professional organizations; b. dental professional organization 2 (two) people; c. association of medical education institutions 1 (one) person; d. dental education institution association 1 (one) person; e. medical college 1 (one) person; f. college of dentistry 1 (one) person; g. 2 (two) teaching hospital associations; h. community leaders 3 (three) people; i. ministry of health 2 (two) people; j. ministry of national education 2 (two) people; (2) the procedures for selecting community leaders as referred to in paragraph (1) are regulated by the indonesian medical council regulations; (3) the membership of the indonesian medical council is determined by the president on the recommendation of the minister; (4) in proposing the membership of the indonesian medical council, the minister must be based on suggestions from organizations and associations as referred to in paragraph (1); http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 425 issn print 2086-6852 and issn online 2598-5892 (5) provisions regarding procedures for appointing members of the indonesian medical council are regulated by a presidential regulation. these provisions have been followed up with presidential regulation number 35 of 2008 concerning procedures for appointing and termination of membership of the indonesian medical council. so that the provisions mentioned above have been regulated rigidly regarding the main authority in proposing candidates for members of the indonesian medical council who come from the elements as mentioned in article 14 paragraph (1) letters a to f of law number 29 of 2004 are in each each organization and association represented by the respective heads of these organizations and associations and if interpreted grammatically, this authority is absolute/absolute as indicated by the existence of the "must" clause in article 14 paragraph (4) of law number 29 of 2004, whereas the role of the minister of health of the republic of indonesia in the process of nominating candidates for members of the indonesian medical council is merely to forward proposals from the respective organizations and associations. so that the proposals from these organizations and associations serve as the basis for the minister to nominate candidates for members of the indonesian medical council which are imperative or command in nature. and the dentistry council as independent institutions, so that it is appropriate if the nomination of prospective members is carried out by the organization and association that oversees it (roesli et al., 2017). therefore the government, in this case represented by the minister should not take this authority because apart from reducing objectivity in proposing candidates for members of the indonesian medical council, it can also reduce the independence of indonesian medical council members in carrying out the functions, duties and authorities of the indonesian medical council. tony, 2014). in addition, in the order of legislation known as the principle of lex superiori derogat legi inferiori, which means that lower regulations may not conflict with higher rules so that in order to measure consistency, lower regulations should refer to higher rules, so reference rules that is what will be included in the considerations. in its consideration, the supreme court also considered that the minister of health had deviated from the regulations that were used as references in the preamble, namely the provisions of article 14 paragraph (4) of law number 29 of 2004 concerning medical practice juncto article 5 of presidential regulation number 35 of 2008 concerning procedures appointment and termination of membership of the indonesian medical council, so that the supreme court is of the opinion, what the government is doing, in this case the minister of health, is contrary to the two laws and regulations. so that in carrying out the government functions in the implementation of government administration, government officials are given the authority to exercise discretion as an effort to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 426 issn print 2086-6852 and issn online 2598-5892 overcome concrete problems faced in the administration of government in terms of laws and regulations that provide choices, do not regulate, are incomplete or unclear, and/or there are government stagnation. with regard to the authority to nominate candidates for members of the indonesian medical council, laws and regulations have provided clear arrangements, so that there are problems of non-fulfillment of the requirements for candidates for members of the indonesian medical council for the 2019-2024 period which will replace the term of service for members of the indonesian medical council for the 2014-2019 period should be resolved with other mechanisms, other than those that have been clearly regulated in laws and regulations; that based on article 7 paragraph (1) of law number 30 of 2014 concerning government administration, it regulates that government officials are obliged to carry out government administration in accordance with the provisions of laws and regulations, government policies, and aupb, then in paragraph (2) letter a it is also regulated that government officials have the obligation to make decisions and/or actions in accordance with their authority. therefore, in carrying out government administration that occurred in the process of proposing candidates for members of the indonesian medical council, the government, in this case the minister of health, has acted contrary to the applicable laws and regulations and has acted not in accordance with its authority. therefore regulation of the minister of health of the republic of indonesia number 81 of 2019 concerning amendments to regulation of the minister of health number 496 / menkes / per v/2008 concerning procedures for proposing candidates for members of the indonesian medical council is contrary to the provisions of higher laws and regulations, namely article 14 paragraph (4) law number 29 of 2004 concerning medical practice juncto article 5 presidential regulation number 35 of 2008 concerning procedures for appointing and termination of indonesian medical council membership, article 7 paragraph (1) and paragraph (2) letter a of law number 30 of 2014 concerning government administration, therefore the review of laws and regulations under the proposed law does not have binding legal force so it is ordered to revoke the object of application in this case the regulation of the minister of health of the republic of indonesia number 81 of 2019 concerning amendments to regulations of the minister of health number 496/menkes/per/v/200 8 . legal consequences of supreme court decisions the court's decision which has legal force can still be used as evidence with positive definite force, that what the judge has decided is deemed correct so that proof to the contrary is not permitted. that what has been decided by the judge must be considered correct (resjudidicata proveretate habetur) is a fundamental principle in the decision of the examiner of the law, but the executive power of a decision that has binding legal force alone is not sufficient and will mean http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 427 issn print 2086-6852 and issn online 2598-5892 nothing if the decision cannot be realized. or executed (prang, 2011). therefore a decision that has executive power is a decision that stipulates its rights and law explicitly to be realized through execution by state instruments. several factors inhibiting law enforcement in indonesia, the seven factors are: weak political will and political action of the leaders of this country, to become the law as commander in chief, the existing laws and regulations still reflect more on the political interests of the rulers than the interests of the people, low moral integrity, credibility, professionalism and legal awareness of law enforcement officials, minimal facilities and infrastructure as well as facilities that support the smooth running of the law enforcement process, the level of awareness and legal culture of the community is lacking and lacking, the law enforcement paradigm is still comprehensive and systematically positivist-legalistic. 4. conclusion the validity of a decision and or can be seen from 3 aspects, namely authority, procedure and substance which can be tested based on laws and regulations, aupb, court decisions, and whether or not there is a juridical defect. so that decisions or actions of government administration are declared invalid if they are wrong in terms of authority and declared null and void if they are wrong in terms of procedure and/or substance. in kbbi, the term "invalid" is not specifically known, what exists is the definition of "legal" related to law, namely carried out according to law or law, regulations that apply even though etymologically, the meaning of null and void related to law is not valid or invalid so it is difficult to interpret the difference etymologically invalid and invalid. it is different when viewed from the legal definition, namely based on statutory regulations which are currently regulated in the government administration act. therefore, in accordance with the consideration of the supreme court, if the changes to the minister of health are enacted, it is considered as interference by the government cq the ministry of health towards kki. if a decision does not meet the legal requirements, it will result in being null and void by law so that the decision being canceled is retroactively effective, starting from the date of issue of the decision being canceled. so that the situation is returned to its original state as it was before the issuance of the decision (ex tunc) and the legal consequences that have arisen from the decision are deemed to have never existed. illegal means not binding since the decision and/or action is stipulated and all legal consequences arising are deemed to have never existed. meanwhile, null and void means that it is not binding from the time it was canceled or remains valid until the cancellation and ends after the cancellation. therefore, all derivative decisions made based on the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 428 issn print 2086-6852 and issn online 2598-5892 annulled law are also considered invalid, including the decree of the president of the republic of indonesia no. 55/m of 2020 concerning appointments kki members for the period 2020 to 2025. references abdullah, a.g. (1994).introduction to the compilation of islamic law in the indonesian legal system. human echo. agustina, b. (2016). government authority in legal protection for traditional health services in view of the law of the republic of indonesia number 36 of 2009 concerning health.journal of juridical insights, 32(1), 82–98. fajar, h. (2021). legal protection for doctors who have carried out their duties according to procedures according to law number 29 of 2004 concerning medical practice.journal of law, 6(1), 427–441. hadi, s., & michael, t. (2017). the principle of legitimacy (rechtmatigheid) in establishing state administrative decisions.journal of cita hukum, 5(2). herlianto, s. (2014). constructing penal mediation on medical malpractice cases: a restorative justice perspective. jl pol’y & globalization, 24, 9. indonesia, k.k. (2012).indonesian medical council. jakarta. indonesia, p. r. (2008). regulation of the president of the republic of indonesia number 8 of 2008 concerning the national disaster management agency. jakarta. indonesia, r. (2009). law of the republic of indonesia number 36 of 2009 concerning health.jakarta republic of indonesia. indonesia, u. u. d. (1945). the 1945 constitution of the republic of indonesia article 28.indonesia, uu. (2014). law number, 7. junef, m. (2021). law enforcement in the context of spatial planning to realize sustainable development.journal of legal research p-issn, 1410, 5632. kurniawan, m. b. (2018). the constitutionality of perpu number 2 of 2017 concerning ormas is reviewed from the 1945 constitution.constitutional journal, 15(3), 455–479. kurniawan, r. d., & yuliharson, s. b. (2022). large-scale social restrictions based on government regulation number 21 of 2020 siyasah fiqh perspective.ma'mal: journal of sharia and law laboratory, 3(04), 313–334. law, i. (2014). law number 30 of 2014 concerning government administration.supplement to the state gazette of the republic of indonesia number, 5601. prang, a.j. (2011). legal implications of constitutional court decisions.canon law journal, 13(1), 77–94. razak, a., & situmorang, c. h. (2019).national health insurance politics sketch. deepublish. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 429 issn print 2086-6852 and issn online 2598-5892 implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. satjipto, r. (2000). law studies, bandung: pt.image aditya bakti. sirajuddin, & winardi. (2015).the basics of indonesian constitutional law. press equivalent. sulaiman, e., handayani, t., & mulyana, a. (2021). juridical study of telemedicine consulting services in indonesia.soepra, 7(2), 275–291. susanto, m. (2021). status and functions of the opening of the 1945 constitutional act: learnings from global trends.journal of indonesian legislation, 18(2), 184–203. tono, s. (2014). basis for legal considerations of the supreme court of the republic of indonesia regarding compulsory wills.millah: journal of religious studies, 121–142. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 114 issn print 2086-6852 and issn online 25985892 individual company bankruptcy based on the bankruptcy law mochamad cholil 1 , ni made yordha ayu astiti 1* ,maghfirah aliefia 1 , zakia fhadillah 1 , muhammad amirul alfan 1 faculty of law, airlangga universy surabaya, indonesia *corresponding author email: mochamad.cholil-2022@fh.unair.ac.id article history: received: march 11, 2023; accepted: mei 12, 2023 abstract after the promulgation of law number 11 of 2020 concerning job creation, it has been made possible to form a new legal entity, namely an individual company. these changes are referred to in the provisions of article 109 of the job creation law, which contains several changes to law number 40 of 2007 concerning limited liability companies. the government also contains further regulations regarding the existence of an individual company as a legal entity in government regulation number 8 of 2021 concerning company authorized capital and registration of the establishment, amendment and dissolution of companies that meet the criteria for micro and small enterprises. however, the presence of government regulation number 8 of 2021 does not comprehensively regulate several existing legal issues. therefore, this research was conducted to analyze the problem. issues related to whether or not individual companies can apply for bankruptcy at the commercial court. if this is possible, the creditor as referred to in the provisions of article 2 of law number 37 of 2004 concerning bankruptcy and suspension of obligations for debt payment can naturally become a party involved in a bankruptcy case filed against an individual company. this type of research is legal research using statutory and conceptual approaches. the results of this study indicate that an individual company is not necessarily easy to apply for bankruptcy, it is hoped that the existence of an individual company will be able to drive the movement of the economy. thus, although it is possible to apply for bankruptcy against an individual company, to resolve problems related to general confiscatio ns, a civil lawsuit should be filed in the district court. keywords: bankrupt, individual companies, creditor 1. introduction business development in indonesia is increasingly advanced, with this development there must be rules that guarantee the development of the business. seeing the opportunity for micro and small enterprises or abbreviated as umk to advance people's income, the government is making every effort to support and provide regulatory convenience. one of the efforts of the government of indonesia is to pass law number 11 of 2020 concerning job creation (later called the job creation law). on october 5, 2020, the house of representatives together with the president passed the draft job creation law using the omnibus law method to become law. furthermore, this job creation law was signed by the president on 2 november 2020 as law number 11 of 2020 concerning job creation (hereinafter referred to as the job creation law). the job creation law itself originates from the government initiative draft law that was submitted on february 13 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 115 issn print 2086-6852 and issn online 25985892 2020. with the promulgation of the job creation law it is hoped that the acceleration of national economic development will be achieved with a regulatory system. the existence of the job creation law itself has several scopes in its regulation. based on the general explanation of the job creation law, there are at least 4 (four) scopes to be achieved, namely: enhancing the investment ecosystem and business activities; increasing the protection and welfare of workers; facilitation, empowerment, and protection of cooperatives and micro, small and medium enterprises; and increasing government investment and accelerating national strategic projects. one of the efforts to create jobs and ease of doing business which is one of the objectives of the creation of the job creation law was carried out by the government through a policy of amending the provisions of law number 40 of 2007 concerning limited liability companies (hereinafter referred to as the uupt) as referred to in the provisions of article 109 of the copyright law. work. so that after the promulgation of the job creation law a new entity is known, namely an individual company as a limited liability company legal entity that meets the criteria for micro and small enterprises. article 1 number 1 of the company law states that: limited liability company, hereinafter referred to as the company, is a legal entity which is a capital partnership, established based on an agreement, conducting business activities with authorized capital which is entirely divided into shares or individual legal entities that meet the criteria for micro and small enterprises as stipulated in the laws and regulations concerning micro and small enterprises. furthermore article 2 paragraph (2) government regulation number 8 of 2021 concerning company capital and registration of establishment, amendment, and dissolution of companies that meet the criteria for micro and small enterprises, confirms that individual legal entities that meet the criteria for micro and small enterprises are as follows. companies that meet the criteria for micro and small businesses consist of: companies founded by 2 (two) people or more; and individual company founded by 1 (one) person. so that individual companies in indonesia in the job creation law and its implementing regulations are recognized as limited liability companies and have the characteristics of limited liability. what distinguishes it from a limited liability company in a significant way is related to the requirements for establishing an individual company, which is established by 1 (one) person and includes the criteria for micro and small businesses. however, apart from the similarities in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 116 issn print 2086-6852 and issn online 25985892 characteristics of limited liability in limited liability companies and individual companies, the two types of entities also have significant differences and it is possible to give rise to different legal consequences for legal subjects in an engagement in various aspects, including aspects of bankruptcy law. based on the background above, the formulation of the problem to be examined in this study is as follows. can an individual company be filed for bankruptcy in a commercial court? is the bankruptcy applicant as intended in the provisions of article 2 of law no. 37 of 2004 concerning bankruptcy and pkpucan apply for bankruptcy? 2. research methods the type of research usedislegal research.peter mahmud marzuki stated that, "legal research (legal research) is finding the truth of coherence, namely whether there are legal rules and whether there are norms in the form of orders or prohibitions in accordance with legal principles, and whether a person's actions (act) are in accordance with legal norms (not just accordance with the rule of law) or legal principles” (marzuki, 2021). approach usedisregulatory approach legislation (statute approach)andconceptual approach (conceptualapproach). 3. result and discussion one of the highlights in the ease of doing cluster is the assessment of starting businesses from the ease of doing business in indonesia. the criteria for starting a business in indonesia ranks 140th. this position contributes to the low level of business competitiveness in indonesia at the level of ranking 73 out of 190 countries surveyed, including the company legal system which currently does not accommodate mse businesses, including regarding the requirements for establishing a company which are relatively expensive and the requirements the establishment of a company that is difficult for mse business actors to fulfill in starting a business in indonesia. therefore, one of the things regulated by the job creation law is to encourage the birth of a new form of legal entity in the company law system in indonesia, namely the existence of an individual limited liability company with minimum wage criteria (hereinafter referred to as an individual company). which is stated in article 109 point 1 of the job creation law which expands the meaning of a limited liability company in article 1 point 1 of the limited liability company law by adding a new form of legal entity, namely an individual legal entity that meets the criteria for micro and small enterprises as stipulated in the laws and regulations concerning micro enterprises and small, as a limited liability company (hereinafter referred to as pt). in practice, the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 117 issn print 2086-6852 and issn online 25985892 requirement to be established by two or more people as stipulated in the company law is burdensome for some business owners in indonesia, especially in the field of mses. namely individual legal entities that meet the criteria for micro and small enterprises as stipulated in the laws and regulations regarding micro and small enterprises, as a limited liability company (hereinafter referred to as pt). in practice, the requirement to be established by two or more people as stipulated in the company law is burdensome for some business owners in indonesia, especially in the field of mses. namely individual legal entities that meet the criteria for micro and small enterprises as stipulated in the laws and regulations regarding micro and small enterprises, as a limited liability company (hereinafter referred to as pt). in practice, the requirement to be established by two or more people as stipulated in the company law is burdensome for some business owners in indonesia, especially in the field of mses. (sitorus, 2021) the birth of the individual liability company business form is inseparable from the results of observations made by the ministry of cooperatives and smes, that micro and small businesses are experiencing very significant business growth in indonesia. based on data from the ministry of cooperatives and smes, the number of msmes in indonesia has increased from 59.26 million units in 2015 to 64.1 million in 2018 and is expected to grow to 68.60 million in 2020. the contribution to employment for micro enterprises , small and medium enterprises (msmes) based on data processed by the ministry of cooperatives and smes as many as 116.97 million people or 97% of the total workforce of 120.598 million people (rencana strategis kementerian koperasi dan usaha kecil dan menengah tahun 2020-2024). the government realizes the potential of these mses by encouraging the convenience of these micro businesses to have competitiveness and be managed productively. therefore, this condition triggers the birth of a new form of business in the form of a pt which can be established by individuals and is intended for micro and small businesses (referred to as individual liability company) which is regulated in article 109 of the job creation law, as a breakthrough against the description of the micro and small scale business landscape. in indonesia to encourage more professional management and gain trust in financing by the banking world. the presence of the individual company legal entity is expected to become an economic force in indonesia and be able to encourage good management by mse actors. modification of an individual company that facilitates both the requirements for establishing a company, both the capital and the requirements for the founder, as well as the accountability of the company. in addition, the existence of the individual company is expected to protect the finances of these mses from bankruptcy (bankruptcy) to the company's assets and the hope is that it does not include private household assets. thus, the relaxation of ease of establishment of the company must be http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 118 issn print 2086-6852 and issn online 25985892 supported by the existence of the company's obligation to manage the company properly and professionally, so as to prevent mismanagement of the company which can end in bankruptcy and dissolution. given the strategic nature of this new legal entity, it is important to study, in particular how the legal concept of the individual company is, what are the responsibilities of the company and its management, and what happens in the event of bankruptcy. this needs to be studied to obtain an overview of the company's existence and the company's implications in the event of bankruptcy in managing the company's business. as a legal subject, individual companies can also take legal actions, including entering into legal relations with other parties which may result in an obligation in the form of debt. if in the event that the company is unable to fulfill its obligations to creditors, then the creditor can demand that the company fulfill its achievements to its creditors, the creditor can demand that the company fulfill its obligations through legal procedures that apply both in court and by means of nonlitigation outside the court (ras, 2018). one way to go through a court in the event that there are several creditors is through a bankruptcy petition or through a procedure for delaying debt payment obligations in advance, which if there is no reconciliation between the creditors and the debtor then it can end in bankruptcy.bankruptcy itself is everything related to the bankruptcy event, namely a situation when the debtor stops paying (his debts) but not in the sense that the debtor stops paying his debts at all, but the debtor at the time the bankruptcy application is filed is in a state of nonpayment. the debt. (c.s.t. kansil, 2002) often, the condition of the company's management that is uncertain can make it difficult for the company to pay all debts that are due and collectible. according to elyta, the condition of companies experiencing liquidity difficulties temporarily has the potential to be misused by directors, stakeholders or creditors who have bad faith to take financial advantage. for example, directors make non-compulsory payments or transactions that are detrimental to the company, which ultimately results in making the company insolvent or temporarily bankrupt (ras, 2018). the same thing, according to elyta, was also expressed by gunawan widjaja who was of the opinion that the problem of paying off the company's debt was not only-loss due to liquidity or cash flow difficulties, but due to bad faith on the part of the company's board of directors (ras, 2018). so, as a result of this management error, the creditor takes legal action to apply for debt payment obligations by the creditor which can end in peace or in the event that there is no settlement ending in bankruptcy, or the creditor can directly submit a bankruptcy application to the commercial court. in the case of an individual company referred to as a debtor, bankruptcy can be filed as long as it meets the bankruptcy requirements as stipulated in article 2 paragraph (1) of law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 119 issn print 2086-6852 and issn online 25985892 number 37 of 2004 concerning bankruptcy and suspension of obligations for payment of debt (bankruptcy law and pkpu), in which case the debtor does not can fulfill their performance obligations to two or more creditors and fail to pay off at least one debt that is past due and payable, is declared bankrupt by a court decision, either at his own request or at the request of one or more of his creditors. if the bankruptcy application is granted, thus, all individual company assets are subject to general confiscation referring to article 21 of the bankruptcy law and pkpu, which includes all of the debtor's assets at the time the bankruptcy declaration decision was pronounced as well as everything that was obtained during the bankruptcy. this is also based on article 1131 of the civil code that all movable and immovable property belonging to the debtor, both existing and future, is collateral for the debtor's individual agreements. article 1132 of the civil code states that the goods are a joint guarantee for all creditors, with the proceeds from the sale of goods the goods are divided according to the ratio of their respective receivables unless there are valid reasons for taking precedence among the creditors. with a declaration of bankruptcy in an individual company, the company's assets become the object of general confiscation in the event of bankruptcy, so that all of the assets of the individual company must be confiscated and all debtor agreements issued after the bankruptcy statement decision can no longer be paid from the bankruptcy estate. , unless the engagement benefits the bankruptcy estate. in addition, article 24 of the bankruptcy law and pkpu states that in the event of bankruptcy, then by law he loses his right to control and manage his assets which are included in bankruptcy assets, from the date the bankruptcy declaration decision was pronounced, namely from 00.00 local time. this also applies to transferred assets, namely for the benefit of bankruptcy assets, the court may be asked to cancel all legal actions of the debtor who has been declared bankrupt which is detrimental to the interests of the creditor, which was carried out before the decision on the declaration of bankruptcy was pronounced. cancellation as intended can only be done if it can be proven that at the time the legal action was carried out, the debtor and the party with whom the legal action was carried out knew or should have known that the legal action would result in a loss for the creditor. this is excepted in the case of the debtor's legal actions that must be carried out based on the agreement and/or because of the law. cancellation as intended can only be done if it can be proven that at the time the legal action was carried out, the debtor and the party with whom the legal action was carried out knew or should have known that the legal action would result in a loss for the creditor. this is excepted in the case of the debtor's legal actions that must be carried out based on the agreement and/or because of the law. cancellation as intended can only be done if it can be proven that at the time the legal action was carried out, the debtor and the party with whom http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 120 issn print 2086-6852 and issn online 25985892 the legal action was carried out knew or should have known that the legal action would result in a loss for the creditor. this is excepted in the case of the debtor's legal actions that must be carried out based on the agreement and/or because of the law. in article 104 paragraph (2) and paragraph (3), uupt, that each member of the board of directors must be jointly and severally responsible for any errors or omissions he/she has committed. likewise, in bankruptcy, if the directors make mistakes or negligence, and the bankrupt assets are not sufficient to pay the existing debts, the directors jointly and severally pay for these deficiencies. however, if the directors take actions beyond their authority in the articles of association (ultra vires), the directors must be responsible for their personal assets (article 97 paragraph (3) of the company law). (perbedaan cv dan pt) government regulation number 8 of 2021 in article 1 number 1 recognizes companies which are legal entities or individual legal entities that meet the criteria for micro and small businesses. article 1 point 2 determines that the establishment of an individual company is established by 1 (one) person electronically. this provision is a new requirement for the establishment of individual companies in general, which is regulated in law number 40 of 2007 concerning limited liability companies (later referred to as the limited liability company law). a limited liability company is a more modern business organization, because the division of tasks and authorities between one organ and another is clear, and is stated in the articles of association, for example there are directors, commissioners and general meeting of shareholders. 2 the authority between these 3 (three) organs complement each other (gloria, 2021). pp number 8 of 2021 does not regulate if an individual company is filed for bankruptcy, because of the uniqueness of an individual company which is only founded by one person and does not have a complete company organ like a pt. individual companies are legal entities (rechtpersoon), like humans, legal entities also have rights, obligations and can enter into legal relations. legal entities also have assets, which are separate from the assets of their management. so there is accountability limitation. (c.s.t. kansil, 1989) in an individual company, even though it is only founded by 1 (one) person, in terms of liability it is only limited to the company's assets, unless it can be proven that the action is beyond his authority in the articles of association, for example the director commits negligence which causes the individual company to suffer losses, then it can be held liable for personal property. in the event that an individual company is requested for bankruptcy, then the director must have limited responsibility (the assets of the company), in accordance with the authority in the articles of association, the creditor cannot ask the directors or the founder (owner) to take his personal assets with him. this rule is indeed foreign to indonesia, its application is also difficult to implement in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 121 issn print 2086-6852 and issn online 25985892 indonesia, which adheres to the anglosaxion legal system, unlike neighboring countries, for example malaysia and singapore, which adhere to the common law system, so the rules in the job creation law can be implemented properly. but back to the government's desire to make regulations regarding the existence of individual pt in the work copyright law, namely to make it easier for micro and small business actors to establish legal business entities without having to go through complicated procedures. maybe from the name alone we already know about micro and small businesses (umk), the criteria for micro and small businesses have capital below idr 1,000,000,000 (one billion rupiah). the criteria for a small business means capital above rp. 1,000,000,000 (one billion rupiah) up to rp. 5,000,000,000 (five billion rupiah). thus it would be a shame if an individual pt were to go bankrupt just like a pt in general. because an individual pt is only established by one person with a capital of under idr 5,000,000,000 (five billion rupiah). because as in article 24 paragraph (1) of law 37 of 2004 concerning bankruptcy and postponement of debt payment obligations which regulate: the debtor by law loses his right to control and manage his assets which are included in the bankruptcy estate, from the date the bankruptcy declaration decision is pronounced. therefore, the legal consequence of bankruptcy for an individual is that by law he loses his right to control and manage his wealth. with these provisions, is it not excessive if an individual pt can immediately go bankrupt if it fulfills the elements of bankruptcy contained in article 2 paragraph (1) of law 37 of 2004 concerning bankruptcy and pkpu without any other mitigating procedures so that bankruptcy efforts is the last resort in decision making (ultimum remedium). a bankruptcy application can be made if it fulfills several conditions and procedures in accordance with the provisions of law number 37 of 2004 concerning bankruptcy and pkpu. the requirements for a bankruptcy application that must be met are: article 2 paragraph (1) law no. 37 of 2004 concerning bankruptcy and pkpu. a debtor who has two or more creditors and does not pay off at least one debt that is due and payable is declared bankrupt by a court decision, either at his own request or at the request of one or more of his creditors. the petitioner as referred to in paragraph (1) may also be submitted by the attorney general's office for the public interest. applicant for bankruptcy statement by the debtor. article 2 paragraph (1) of the law on bankruptcy and suspension of obligations for payment of debt expressly states that a debtor who has two or more creditors and does not pay at least one debt that is due and collectible can submit a request for a declaration of bankruptcy. in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 122 issn print 2086-6852 and issn online 25985892 english terms, a bankruptcy petition filed by the debtor himself is called a voluntary petition. according to sutan remy sjahdeini, this possibility indicates that the law on bankruptcy and suspension of obligations for payment of debt can not only be submitted for the benefit of creditors, but can also be submitted for the benefit of the debtor himself. (remy, 2009) debtors who can apply for bankruptcy are debtors who have two or more creditors and do not pay at least one debt that is due and collectible. the provision that the debtor can apply for bankruptcy against himself is a provision adopted in many countries. thus, it is a normal rule. however, this provision opens up the possibility for unscrupulous debtors to manipulate for their own interests. (remy, 2009) bankruptcy application by creditor. in contract law, the creditor means a party entitled to demand the fulfillment of an achievement from the debtor. creditors have receivables. receivables themselves are the right to demand the fulfillment of debts or achievements. article 1 point 2 of the law on bankruptcy and suspension of obligations for payment of debt stipulates that creditors are people who have receivables due to agreements or laws that can be collected before a court. article 2 paragraph (1) of the law on bankruptcy and suspension of obligations for payment of debt, stipulates that for debtors who have two or creditors and have at least one debt that is due and collectible, the debtor or creditor can apply for bankruptcy. bankruptcy petition by prosecutor (in the public interest) article 2 paragraph (3) of the bankruptcy and suspension of obligations for payment of debt states that prosecutors can also apply for a declaration of bankruptcy against debtors who do not pay their debts as referred to in article 2 paragraph (1) of the law on bankruptcy and suspension of obligations for payment of debt in the public interest. the elucidation of article 2 paragraph (2) of the bankruptcy and suspension of obligations for payment of debt law explains that the prosecutor's office may submit a bankruptcy application on grounds of public interest, in the event that the requirements referred to in article 2 paragraph (1) have been fulfilled and no one has filed for bankruptcy. regarding the application for bankruptcy for an individual pt, can it be carried out by the prosecutor? it will become a new polemic if the bankruptcy petition is carried out by a prosecutor who, if seen in article 2, paragraph 2, is based on the public interest. because individual pt itself comes from small and micro businesses. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 123 issn print 2086-6852 and issn online 25985892 4. conclusion from the discussion above, if asked whether an individual company can be bankrupt, the answer is yes. because the form of an individual company is a legal entity, which is the same principle as a pt, the procedure for bankruptcy can also use the bankruptcy procedure for a pt, which is still guided by the bankruptcy law. however, regarding the government's desire to establish pt perorangan due in order to make it easier for micro and small business actors to establish legal business entities without having to go through complicated procedures. also because individual pts come from small and micro businesses, when an individual pt goes bankrupt it will be very detrimental for the owner of the individual pt. so from that, is it better to take civil legal action first before individual pts are filed for bankruptcy. and bankruptcy efforts can be the last resort in the case of individual pt bankruptcy (ultimum remedium). whereas the bankruptcy petitioner was the party that took the initiative to file a lawsuit against the commercial court. if bankruptcy of an individual company is considered as a last resort in matters involving it, then the bankruptcy petitioner should be the party with the most authority in filing a bankruptcy petition at the commercial court. this needs to be considered in order to ensure legal certainty for the litigants. so that the bankruptcy petitioner against the individual company is the creditor as well as the individual company itself as the debtor. references c.s.t. kansil. (1989). pengantar ilmu hukum. balai pustaka. c.s.t. kansil. (2002). pokok pokok pengetahuan hukum dagang indonesia. sinar grafika. gloria, m. (2021). kepailitan perseroan perorangan dalam undang-undang cipta kerja. jurnal panorama hukum, 6(1), 24–31. https://doi.org/10.21067/jph.v6i1.5568 marzuki, p. m. (2021). penelitian hukum (edisi revi). kencana prenada media grup. ras, g. e. (2018). hukum kepailitan teori kepailitan. sinar grafika. remy, s. s. (2009). hukum kepailitan, memahami undang-undang no. 37 tahun 2004 tentang kepailitan. pustaka utama grafiti. rencana strategis kementerian koperasi dan usaha kecil dan menengah tahun 2020-2024. sitorus, r. (2021). eksistensi perseroan umk dan implikasi hukumnya terhadap kepailitan menurut sistem hukum di indonesia. majalah hukum nasional, 51(1), 21–39. https://doi.org/10.33331/mhn.v51i1.141 law number 11 of 2020 concerning job creation. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 124 issn print 2086-6852 and issn online 25985892 law number 40 of 2007 concerning limited liability companies. law number 37 of 2004 concerning bankruptcy and suspension of obligations for payment of debt. government regulation number 8 of 2021 concerning authorized capital of companies and registration of establishment, change and dissolution of companies that meet the criteria for micro and small businesses. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 136 issn print 2086-6852 and issn online 25985892 authority of the state administrative court in handling and resolving land cases gunawan 1* , hendri darma putra 1 1 faculty of law, universitas islam nusantara, bandung, indonesia * corresponding author e-mail: rechtgun@gmail.com article history: received: february 13, 2023; accepted: june 10, 2023 abstract the handling and settlement of land cases through the courts must be seen what is the object of the lawsuit/dispute, because this concerns the authority of the judicial body, such as the authority of the state administrative court related to handling and resolving land disputes. therefore, the purpose of this research is to analyze and find out about the authority of the administrative court in handling and resolving land cases. this research method is normative juridical. normative juridical is a method in normative legal research that analyzes secondary data. the secondary data is then analyzed in a qualitative juridical manner. the result of this study are as follows: the authority of the state administrative court in handling and resolving land cases is more about the correctness of formal administrative procedures, not authorized to hear “cases of ownership of land rights”, which are civil in nature, even though the land has been certified. keywords: authority, state administrative court, handling, settlement, land cases. 1. introduction land as a gift from god almighty is a natural resource that is needed by humans to fulfill their needs (suardi, 2005). land is the most important element for human life, they can live and develop because of the land (sarkawi, 2014). land is a place for humans to live and continue their lives (sutedi, 2009). land as a natural resource in indonesia has been regulated in the 1945 constitution of the republic of indonesia (hereinafter abbreviated as uud 1945) in article 33 paragraph (3) states that: “the land and water and the natural resources contained therein shall be under the control of the state and shall be utilized for the greatest prosperity of the people”. as a follow-up to the provisions of article 33 paragraph (3) of the 1945 constitution, the government has issued law no. 5/1960 on the basic regulation of agrarian principles or commonly abbreviated as uupa, which was issued on september 24, 1960 which regulates land rights. with the enactment of the uupa, only one land law applies throughout indonesia, namely the uupa. land as a natural resource in indonesia has been regulated in the 1945 constitution of the republic of indonesia (hereinafter abbreviated as uud 1945) in article 33 paragraph (3) states that: "the land and water and the natural resources contained therein shall be under the control of the state and shall be utilized for the greatest prosperity of the people". as a follow-up to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 137 issn print 2086-6852 and issn online 25985892 provisions of article 33 paragraph (3) of the 1945 constitution, the government has issued law no. 5/1960 on the basic regulation of agrarian principles or commonly abbreviated as uupa, which was issued on september 24, 1960 which regulates land rights. with the enactment of the uupa, only one land law applies throughout indonesia, namely the uupa. uupa grants land to and is owned by people with land rights provided by uupa for use or utilization. although land rights have been regulated in the uupa, problems often arise around land rights issues, such as land registration, ownership status, and problems related to legal acts of transfer of land rights (such as sale and purchase, grants), which lead to land rights disputes. land rights disputes usually arise because of differences or discrepancies or gaps between what is expected and the actual reality (differences or gaps between das sollen and das sein) and differences between what is desired and what happens, both of which are problems. if this problem is caused by another party, then the problem will lead to a dispute. if the dispute is within the scope of the legal order, it will become a legal dispute. some legal disputes are brought to court and some are not brought to court. the difference or gap between das sollen and das sein is a normative problem, while the difference between what is desired and what happens is an individual or emotional problem. the two are often combined in one problem but also each is a separate problem (arto, 2001). land rights disputes certainly need to be resolved. strategies in dispute resolution are efforts to find and formulate ways to end disputes that arise between the parties, such as through mediation, reconciliation, negotiation, and others (hs & nurbani, 2013). there are many ways to resolve land rights disputes, ranging from ways that are in accordance with the law to ways that are not in accordance with the law. however, because indonesia is a state of law, all problems must be resolved through legal channels. the way to resolve land rights disputes with legal channels, namely first, through nonlitigation channels or outside the judicial body, namely through arbitration and alternative dispute resolution, such as by means of consultation, negotiation, mediation, conciliation or expert judgment, and the second route, is the court route. land rights disputes, with various kinds of settlements, which if an amicable settlement is not reached, one way can be taken by them is that the land rights dispute is submitted to the authorized court, namely by making a lawsuit letter (saleh & mulyadi, 2012), which the land rights dispute rolls into a land case. land cases are land disputes that are handled and resolved through the judiciary. the court is still the last resort in dispute resolution, in this case land rights disputes, although it is not the only way to go. the advantage of dispute resolution in court is that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 138 issn print 2086-6852 and issn online 25985892 it is adjudicative in nature by providing a decision on a dispute so as to provide legal certainty (sufiarina, 2014). the handling and settlement of land cases is one of the complex cases to reach a settlement point quickly, simply and at low cost. the handling and settlement of land cases through the courts can even involve more than one court, including the general court, state administrative court and religious court. this is because the three judicial institutions have different absolute authority in resolving land cases, which can lead to a point of intersecting case settlements. in connection with the handling and settlement of land cases through the courts, it must be seen what is the object of the lawsuit/dispute because this concerns the judicial authority authorized to hear it. in connection with the handling and settlement of land cases, in this paper, the author analyzes the authority of the state administrative court in handling and resolving land cases based on the state administrative court law, namely law number 5 of 1986 concerning state administrative courts as amended by law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative courts, and amended again by law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative courts. based on the background of the problem mentioned above, the author is interested in conducting this legal research with the title: the authority of the state administrative court in handling and resolving land cases. based on the above background, the problems in this study are as follows: how is the authority of the state administrative court in handling and resolving land cases? in relation to the originality of the research, the author has conducted a literature search from various references and the internet, and other sources of information has not found previous research that is the same as the research that the author compiled, especially in the form of articles published in journals that are used as comparison materials with the research that the author compiled. however, there are several writings, namely: 1. manan, lecturer at the faculty of law, university of muhammadiyah jember, “penyelesaian sengketa hak atas tanah melalui pengadilan tata usaha negara”. his abstract argues that: the incompleteness of the state administrative court in adjudicating land disputes arises from the understanding that the state administrative court is not authorized to adjudicate "ownership disputes", and is not authorized to assess "deeds of sale and purchase" even though both reasons are a series of processes that cannot be separated from the material validity of the certificate. if this understanding is maintained, it http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 139 issn print 2086-6852 and issn online 25985892 is certain that the existence of the ptun in handling land disputes is more about formal truth than the pursuit of community benefit and justice. from the above constraints, it is important to first explore the meaning and legal values contained in the current understanding of the terms 'land ownership' and 'deed of sale' itself. 2. onma ezra rodi aprilo1, et al, padjadjaran university, entitled: “kompetensi absolut peradilan tata usaha negara dalam sengketa tanah terhadap sertifikat hak atas tanah”. trebit in journal: peratun law journal vol. 5 no.2 august 2022: pp. 159-174. this article was made with the aim of knowing how the absolute competence of the administrative court in indonesia and how the competence of the state administrative court if there is a land dispute against the certificate of land rights. the closing of the article argues that: the clash of absolute competence between the administrative court and the general court related to the settlement of land disputes over land rights certificates in the form of certificates of ownership (shm) should not occur because the absolute competence of the administrative court is related to administrative matters, while for the general court one of them is related to civil aspects. as stipulated in the supreme court guidelines no. 224/td.tun/x/1993, the authority of the state administrative court is only regarding the land certificate, whether the issuance procedure is in accordance with the applicable statutory provisions, while the matter of ownership is the authority of the general court. 2. research method this research is normative legal research. normative legal research, is one that examines legal issues from the point of view of legal science and in-depth on established legal norms (soerjono soekanto, 2006). normative legal research or library legal research, is legal research conducted solely by looking at secondary sources of information (soekanto & mamudji, 2015). in line with this type of research, the specificity of this research is descriptive analytical, because its main purpose is to provide a description of society or certain groups of individuals, as well as medical disorders or other symptoms (soekanto & mamudji, 2001). the research approach in normative legal research, namely normative juridical, is legal research conducted by examining secondary data (soekanto & mamudji, 2015). soerjono soekanto argues (soerjono soekanto, 2006): secondary data, in terms of its binding force, includes: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 140 issn print 2086-6852 and issn online 25985892 1. primary legal materials, or binding legal materials, consist of basic norms or rules (preamble of the 1945 constitution), basic regulations (torso of the 1945 constitution, laws and regulations and others; 2. secondary legal materials or legal materials that provide explanations of primary legal materials, such as draft laws, expert research findings, scientific findings from legal experts, and so on, 3. tertiary legal materials such as dictionaries, encyclopedias, and others, which provide guidance or clarify primary and secondary legal materials. secondary data that is inventoried as material for this research, namely: first, secondary legal materials in the form of: literature books. second, primary legal materials in the form of laws and regulations, namely, among others, the 1945 constitution of the republic of indonesia, law number 5 of 1960 concerning basic agrarian principles or commonly abbreviated as uupa, law number 5 of 1986 concerning state administrative courts, law number 9 of 2004 concerning amendments to law number 5 of 1986 concerning state administrative courts, law number 48 of 2009 concerning judicial power, law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative courts. other. third, tertiary legal materials, such as dictionaries, scientific journals and others. the data source is obtained through a data collection technique. according to soerjono soekanto, there are three main categories of data collection tools used in research: document studies (also known as library materials), observation, and interviews. these three tools can be used separately or together (soerjono soekanto, 2006). in accordance with the data collection tools and the type of research, the data collection techniques used are: "desk study" of secondary data. the data sources obtained are then analyzed juridically qualitatively and arranged in the form of sentence descriptions (amiruddin & asikin, 2012). juridical in the sense of starting from the applicable laws and regulations. qualitative, namely without numerical data, statistical models, and mathematical calculations (abdulkadir muhammad, 2004). 3. results and discussion land disputes are disputes that occur between two or more parties who feel or are disadvantaged by these parties for the use and control of their land rights (murad, 1991). since the uupa came into force, there have been no new legal products in the land sector. as a result, there has been a legal vacuum for half a century. meanwhile, on the other hand, land disputes continue to grow (elza syarief, 2012). the emergence of land disputes begins with a complaint from a party http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 141 issn print 2086-6852 and issn online 25985892 (person or legal entity) containing objections and demands for land rights both to land status, priority and ownership in the hope of obtaining an administrative settlement in accordance with the provisions of the applicable laws and regulations. the land dispute can turn into a land case, if the handling and resolution of the land dispute is through a judicial institution. the author has argued that the court is still the last resort in dispute resolution, in this case disputes over land rights, which turns into land cases, and with regard to the handling and settlement of land cases through the courts, it must be seen what is the object of the lawsuit/dispute, because this concerns the authority of the judiciary. the term authority is often called authority/gezag, or jurisdiction and the term authority is called competence or bevoegdheid. authority (authority/gezag) is a formalized power either over a certain group of people or over a certain sphere of government as a whole. this power can be derived from legislative power (yurizal, 2014). according to the big indonesian dictionary, authority is: 1. the thing authorized; and 2. the right and power to do something (kamus besar bahasa indonesia, 2003). philipus m. hadjon as quoted by yurizal stated that: "authority in the juridical sense is an ability given by the applicable laws and regulations to cause legal consequences" (yurizal, 2014). an authority can be obtained from three sources, namely attribution, delegation and mandate (suriansyah murhaini, 2016). according to h.d. van wiljk/william konijnenbelt as quoted by yurizal, the definition of authority is as follows (harahap, 2008): a. attribution is the granting of government authority by the legislator to a government organ. this means that the authority is obtained from the laws and regulations governing government authority. b. delegation is the delegation of government authority from one government organ to another. c. a mandate occurs when a government organ allows its authority to be exercised by another organ on its behalf. the theory of authority mentioned above, when associated with the title and problems in the writing of this final project, which is related to the authority (power) of the judiciary, which is carried out by the supreme court and the judicial bodies under it, including the religious courts, and the general courts, which in the general courts are also formed specialty courts, one of which is the commercial court, can be explained as follows. article 24 paragraph (1) of the 1945 constitution states that: judicial power is an independent power to administer justice in order to uphold law and justice. m. yahya harahap suggests the definition of judicial power according to article 24 paragraph (1) of the 1945 constitution, which is as follows (harahap, 2008): http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 142 issn print 2086-6852 and issn online 25985892 a. is an independent judiciary. in the past it was called "een onafhankelijke rechterlijke macht", i.e. a judicial power that is free, independent of other powers; b. its power to administer justice in order to uphold law and justice, so that public order can be created (to achieve social order) and public order is maintained (to maintain social order). the affirmation of the definition of judicial power in article 24(1) of the 1945 constitution of the republic of indonesia is repeated in article 1(1) of law no. 48/2009 on judicial power, which states that, judicial power is an independent state power to administer justice to uphold law and justice based on pancasila and the 1945 constitution of the republic of indonesia, for the implementation of the rule of law of the republic of indonesia. starting from the provisions of article 24 paragraph (1) of the 1945 constitution of the republic of indonesia in conjunction with article 1 paragraph 1 of law no. 48 of 2009 on judicial power, it can be stated that judicial power is a state power, like other bodies of state power; judicial power organizes justice to uphold justice; and in organizing justice, judicial power has independent power. in relation to the authority or power (jurisdiction) or competence of the court, it needs to be stated that based on article 24 paragraph (2) of constitution of the republic of indonesia in conjunction with article 18 of law no. 48 of 2009 concerning judicial power, it is stated that: judicial power is exercised by a supreme court and judicial bodies under it in the general judicial sphere, religious judicial sphere, military judicial sphere, state administrative judicial sphere, and by a constitutional court. the supreme court is a high state institution in the indonesian constitutional system that holds judicial power together with the constitutional court. the supreme court oversees judicial bodies within the general court, religious court, military court, and state administrative court. in connection with the authority to handle and resolve land cases in indonesia, three judicial institutions are authorized according to their competence, namely: a. through the general court: when it comes to land rights disputes. b. through the state administrative court: when it comes to resolving disputes over decisions of the state administrative court (national land agency), such as land certificates. c. through the religious courts: when it comes to waqaf disputes (and inherited land disputes). general courts as stipulated in article 50 of law number 2 of 1986 concerning general courts as amended by law number 8 of 2004 concerning amendments to law number 2 of 1986 concerning general courts and last amended by law number 49 of 2009 concerning the second amendment to law number 2 of 1986 concerning general courts, are authorized to examine, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 143 issn print 2086-6852 and issn online 25985892 decide and resolve cases of general civil cases. similarly, the religious courts as stipulated in article 49 of law number 3 of 2006 concerning amendments to law number 7 of 1989 concerning religious courts and last amended by law number 50 of 2009 concerning the second amendment to law number 7 of 1989 concerning religious courts, are authorized to examine, decide and adjudicate certain cases. in the general court there is competence to adjudicate land cases related to disputes over ownership rights due to civil reasons. meanwhile, the state administrative court has the competence to adjudicate the validity of land certificates as a decision made by a state administrative official. on the other hand, the religious courts also have the competence to adjudicate in land ownership disputes based on inheritance conflicts. although the three courts have their own competencies that have their own scope, all decisions are intended to lead to a point of resolution that can be felt by the value of justice, legal certainty and benefits for justice seekers. therefore, each judicial body has its own absolute authority with the intention that in exercising its authority it will not cause an intersection of authority between judicial bodies. thus, the settlement of land cases in indonesia through the state administrative court: when it comes to resolving disputes against state administrative decisions, for example decisions of the head of the national land agency, city / district land office, for example land certificates. in connection with the handling and settlement of land cases, in this paper, the author analyzes the authority of the state administrative court in handling and settling land cases based on the state administrative court law, namely law number 5 of 1986 concerning state administrative courts as amended by law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative courts, and amended again by law number 51 of 2009 concerning the second amendment to law number 5 of 1986 concerning state administrative courts. the state administrative court is an executor of judicial power within the state administrative court whose duty and authority is to decide and resolve state administrative disputes. the object of dispute in the state administrative court is "state administrative decisions". the term and definition of state administrative decree is mentioned in article 1 point 9 of law number 51 year 2009 which states: "state administrative decree is a written decision, issued by a state administrative body or official, which contains state administrative legal actions based on applicable laws and regulations, which are concrete, individual, and final, which have legal consequences for a person or civil legal entity". http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 144 issn print 2086-6852 and issn online 25985892 the written stipulation becomes a "state administrative dispute", because "there is a legal effect that is "felt" to be detrimental to a person or civil legal entity", so that a "lawsuit" is filed with the state administrative court within the state administrative court to assess its "validity" (sugitario & tirtamulia, 2012). thus, a person who feels that their interests have been harmed as a result of the issuance of a state administrative decision relating to authority, procedure, and substance, in this case for example the issuance of a land title certificate by the city/regency land office, can file a lawsuit to the state administrative court. the term and definition of a state administrative dispute can be read in article 1 number 10 of law number 51 of 2009 which states: "state administrative disputes are disputes arising in the field of state administration between persons or civil legal entities and state administrative bodies or officials, both at the central and regional levels as a result of the issuance of state administrative decisions, including employment disputes based on applicable laws and regulations". therefore, the state administrative court assesses the issuance of the object of the dispute based on formal procedures (the object of the assessment is the actions of state administrative officials) in land cases, where the land rights have been issued certificates by the city / regency land office, which at the time of the issuance of the certificate was in accordance with formal procedures or not, so that the certificate cannot be canceled, or vice versa. the handling and settlement of land cases through the state administrative court based on its authority is only about the authority, procedure and substance in the issuance of letters granting land rights and / or land rights certificates, not authorized to hear "cases of ownership of land rights", even though they are certified, where ownership is a series of processes that cannot be separated from the material validity of the certificate, so it can be said that the state administrative court in handling and resolving land cases is more about the truth of formal administrative procedures. the authority of the state administrative court in handling and resolving land cases relates to the authority, procedure, and substance in the issuance of letters granting land rights and/or land rights certificates. meanwhile, the general courts are authorized to handle and resolve land cases related to ownership of land rights, which are civil in nature. if a person feels that their interests have been violated, in terms of ownership of land rights, they can file a lawsuit with the district court. thus, the authority of the state administrative court in handling and resolving land cases is more about the truth of formal procedures that are administrative in nature, so it is not authorized to hear "cases of ownership of land rights, which are civil in nature, even though the land has been certified. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 145 issn print 2086-6852 and issn online 25985892 4. conclusions based on the results of research and discussion, the conclusions are obtained, namely: the authority of the state administrative court in handling and resolving land cases is more about the correctness of formal procedures that are administrative in nature, not authorized to hear "cases of ownership of land rights", which are civil in nature, even though the land has been certified. with regard to these conclusions, the author makes the following suggestions: the state administrative court should be authorized to hear "cases of ownership of land rights" where the land has been certified, because ownership of land rights is a series of processes that cannot be separated from the material validity of the certificate. this means that if a land case has been certified, then the land case becomes the absolute responsibility of the state administrative court. therefore, it is necessary to amend law no. 5 of 1986 concerning the state administrative court. references abdulkadir muhammad. (2004). hukum dan penelitian hukum. pt. citra aditya bakti. amiruddin, & asikin, z. (2012). pengantar metode penelitian hukum. pt rajagrafindo persada. arto, a. m. (2001). mencari keadilan, kritik dan soluisi terhadap praktik peradilan di indonesia. pustaka pelajar. elza syarief. (2012). menuntaskan sengketa tanah melalui pengadilan khusus pertanahan. kpg (kepustakaan populer gramedia). harahap, m. y. (2008). kekuasaan mahkamah agung pemeriksaan kasasi dan peninjauan kembali perkara perdata. sinar grafika. hs, s., & nurbani, e. s. (2013). penerapan teori hukum pada penelitian tesis dan disertasi. pt rajagrfindo persada. kamus besar bahasa indonesia (2nd ed.). (2003). balai pustaka. murad, r. (1991). penyelesaian sengketa hukum atas tanah. alumni. saleh, m., & mulyadi, l. (2012). bunga rampai hukum acara perdata indonesia, perspektif, teoritis, praktik dan permasalahannya. alumni. sarkawi. (2014). hukum pembebasan tanah hak milik adat untuk pembangunan kepentingan umum. graha ilmu. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 146 issn print 2086-6852 and issn online 25985892 soekanto, s., & mamudji, s. (2001). penelitian hukum normatif. pt rajagrafindo persada. soekanto, s., & mamudji, s. (2015). penelitian hukum normatif: suatu tinjauan singkat. pt. rajagrafindo persada. soerjono soekanto. (2006). pengantar penelitian hukum. ui press. suardi. (2005). hukum agraria. badan penerbit iblam. sufiarina, e. l. f. (2014). kewajiban upaya non ajudikasi sebagai syarat mendaftarkan gugatan guna mewujudkan peradilan sederhana, cepat dan biaya ringan. padjadjaran jurnal ilmu hukum, 1(1). sugitario, e., & tirtamulia, t. (2012). hukum acara peradilan tata usaha negara. brilian internasional. suriansyah murhaini. (2016). hukum pemerintahan daerah, kewenangan pemerintah daerah mengurus bidang pertanahan. laksbang grafika. sutedi, a. (2009). peralihan hak atas tanah dan pendaftarannya. sinar grafika. yurizal. (2014). reformulasi kewenangan polri dan ppns dalam penyidikan tindak pidana lingkungan hidup, bayumedia publishing. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 125 issn print 2086-6852 and issn online 25985892 tax collection authority for hotels aboard tourist boats after law number 1 of 2022 and law number 7 of 2021 hendra kurniawan 1 *, emir yusuf ilham 1 , tia rizkya dilbar sumadi 1 1 faculty of law, pelita harapan university, indonesia * corresponding author e-mail: provisitjakarta@gmail.com article history: received: march 02, 2023; accepted: june 12, 2023 abstract this research was conducted with the aim to find out how the regulations related to the authority to collect taxes on hotels on board tours after the issuance of the hkpd law and hpp law. taxes on hotels aboard tour boats so far have created a separate polemic regarding the authority of the tax collection agency authorized to collect this type of tax, namely, whether it is a regional tax which is t he authority of the regional government or is it the center which is the authority of the central government, this is because there is an object that is the same wedge between the hotel tax on the tour boat and the vat on the tour ship itself. where in law number 28 of 2009 it has not been specifically regulated regarding whether staying on a tour boat is part of the hotel tax. for hotels on board tours it is more appropriate to be collected by the regional government. in the preparation of laws related to local taxes in the future, to include hotel tax coverage from a more substantive point of view and includes the nature of the accommodation services business itself, which in the future will likely be very transformative, not only on ships, but also by tra in, car and other modes, for this reason, it is better not to be limited by a limited scope. keywords: local tax, central tax, tax collection authority 1. introduction the series of grand events for the 42nd asean summit which were held in labuan bajo, west manggarai regency on 6-11 may 2023 are certainly not without reason. president jokowi certainly has an agenda to introduce the tourism potential in the area. a year earlier, there was also success in holding an international event which was no less prestigious which was held at the mandalika circuit which is not far from the labuan bajo location, namely the moto gp 2022. if we look at the tourism potential in the central region of indonesia, the beauty of the natural panorama is truly extraordinary, especially marine tourism . in labuan bajo itself, it is very famous for its unique tourist ship and has a long history, namely the pinisi ship.although the tourist boats that are there are not only of the pinisi type, but there are other types such as shipsyacht, open deck and others. this great tourism potential certainly hasmultiplier effect separately not only to economic actors, of course, to increasing regional original income (pad) both through taxes and through levies (wijaya, 2021). the potential for taxes in the tourism sector mainly comes from regional taxes in the form of existing hotel taxesaround tourist sites. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 126 issn print 2086-6852 and issn online 25985892 with the development of the existing hotel business model, many business actors in the hotel sector have looked at opportunities to develop accommodation on tour boats into one travel package (accommodation) (alfari & rahmi, 2022). however, there is still low awareness of business actors to pay taxes related to hotels on board tours. the west manggarai regency government, east nusa tenggara recorded around 4,000 tour boats operating in the labuan bajo area. of that number, only 500 ships have been registered and officially carry out tourism activities (kustiani, 2023). in terms of hotel business opportunities, of course, it has very good opportunities, because hoteliers can have alternative accommodation packages that are not only in hotels in the sense of staying in a building but also offer packages of lodging on ships accompanied by tour packages to placescertain that has been agreed. from the perspective of taxation law phenomenabusiness hotel on these tour ships certainly have tax legal consequences which may be different from the hotel business in buildings/buildings (maria magdalena fontaine ekawati, 2019). especially from a tax perspective on consumption, is this business model included in the category of value added tax (vat) on tourist ships (considered as part of the transportation services business), where if it includes transportation services, it will become a vat object. or is the business model for the hotel aboard the tour ship more appropriately included in the local tax category (if you look at itthe substance, that the phenomenon is the hotel/accommodation businesson boat. the author is interested in discussing and studying the problem as a topic in this article by using a legal synchronization approach, namely between the laws governing local taxes and the laws governing central taxes. 2. research method normative legal research is legal research conducted by examining literature or secondary data. normative legal research is also known as doctrinal legal research. according to (marzuki, 2010), normative legal research is a process to find a rule of law, legal principles, and legal doctrines to answer the legal issues at hand. in this type of legal research, law is generally formulated as what is written in statutory regulations or laws are formulated as rules or normswhich is a basis for human behavior that is considered appropriate. 3. results and discussion legal review of taxes on hotels on tour boats from the point of value added tax (vat) as last amended by the hpp law in theory there are many definitions of according to taxopinion member. several definitions can be described below which are taken from the book introduction to tax law written http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 127 issn print 2086-6852 and issn online 25985892 by (hari sugiarto, 2019) r. santoso brotodihardjo that according to prof. dr. p.j.a. adriani (former professor of tax law at the university of amsterdam) argues: “taxes are contributions to the state (which can be imposed).owed by those who are obliged to pay it according to the regulations, without getting performance in return, which can be directly pointed out, and whose purpose is to finance the productiongeneral expenses related to the duty of the state to administer the government. dr. soeparman soemahamidjaja (hari sugiarto, 2019) in his dissertation entitled "taxes based on the mutual cooperation principle", argued "taxes are mandatory fees, in the form of money or goods, which are collected by the authorities based on legal norms, in order to cover the costs of producing goods and collective services in achieving general welfare. while conceptually inrelation with article 23 paragraph 2 of taxation, uud 1945require that "all taxes for state purposes are based on law." furthermore, in law no. 6 of 1983 concerning general provisions and procedures for taxation, in article 1 it is stated that "taxes are mandatory contributions to the state owed by individuals or entities that are coercive based on the law, by not receiving compensation in return. directly and used for the needs of the state for the greatest prosperity of the people. from this definition it is clear that taxes are instruments used to finance state needs and are coercive and in their implementation must be regulated by law (agustina, 2020). the important role and contribution of taxes to development can be seen from posturebudget income and expenditure (apbn) indonesia, where it can be seen that tax revenue as the main source of state revenue currently accounts for almost more than 50% of total state spending (directorate general of budget, ministry of finance, 2021a). based on the type of tax is classified into direct tax and indirect tax. in a juridical sense, direct tax is a tax in which the bearer of the tax burden and the person responsible for paying it to the state treasury are on the same side. meanwhile, indirect taxes are taxes that bear the tax burden and are responsible for payments to the state treasury on different parties. with this classification, vat is included in the indirect tax group (sugiarto hari, 2019). furthermore, vat is a tax on the consumption of goods and services. from a historical point of view, prior to the implementation of vat, the imposition of taxes on indirect consumption was only limited to certain products (darmayanti, 2012). for example, the imposition of taxes on alcohol and tobacco. apart from excise, other types of indirect taxes are also known, namely sales tax and circulation tax. however, the resulting distortion from the sales tax and circulation tax is due to the tax on the tax(cascading effect) from the application of these two types of taxes coupled with the demand for increased revenue, it has given impetus for the government to seek alternative forms of other taxes (darmayanti, 2012). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 128 issn print 2086-6852 and issn online 25985892 in addition, according to economist adam smith (bohari, 2002) in his bookan inquiry into the nature and cause of the wealth of nation tax collection should be collected using 4 (four) principles namely:equality, certainty, economy, dan convenience. according to (iskandar, 2021) each of these tax collection principles can be briefly described as follows: 1) equality, tax collection must be fair and equitable, namely taxes must be imposed on individuals who must be in proportion to the ability to pay taxes(ability to pay) and in accordance with the benefits received. fair means that each taxpayer contributes money for government spending in proportion to his interests and the benefits requested. 2) certainty, the tax determination is not arbitrary. therefore, taxpayers must know clearly and with certainty the amount of tax owed, when it must be paid and when the deadline for payment. 3) convenience, when the taxpayer has to pay taxes should be in accordance with the times that do not make it difficult for the taxpayer. for example: when the taxpayer earns income. this voting system is calledpay as you earn 4) economy, economically that the cost of collection and the cost of fulfilling tax obligations for taxpayers is expected to be as minimum as possible, as well as the burden borne by taxpayers (addi m idhom, 2023). whenpulled backwards, the emergence of the vat law number 8 of 1993 in indonesia was officially issued for the first time on december 31, 1983 but through government regulation in lieu of law number i of 1984 which was later with law number 8 of 1984 it was determined to become an act its implementation was suspendeduntil january 1, 1986. however, with government regulation 01 of 1985 it was stipulated when the vat law came into force to be april 1, 1985. previously, laws regulating taxes on the consumption of goods and/or services in indonesia had existed two years after the republic of indonesia's independence, namely law no. 14 of 1947 concerning collection of development tax in restaurants and lodgings. then it was replaced by the 1950 circulation tax and then replaced by the 1951 sales tax. since its appearance until the time this writing was written, the vat law has undergone 6 amendments, the lastchanged with the law on the harmonization of tax regulations (hpp) in 2021. value added tax is principally imposed on all consumption of goods and services within the customs area. however, there are exceptions to goods and servicescertain which is regulated in article 4a of law number 42year 2009 concerning vat and ppnbm as last amended by law number 7 of 2021 concerning harmonization of tax regulations (hpp), where article 4a regulates exceptions(negative list) as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 129 issn print 2086-6852 and issn online 25985892 “types of goods that are not subject to value added tax are certain goods in the group of goods as follows: a. deleted; b. deleted; c. food and drinks served in hotels, restaurants, restaurants, stalls, and the like, including food and drinks whether consumed on site or not, including food and drinks delivered by catering or catering businesses; which are objects of regional taxes and regional levies in accordance with the provisions of laws and regulations in the field of regional taxes and regional levies; and d. money, gold bullion for the benefit of the state's foreign exchange reserves, and securities." then, the types of services that are not subject to value added tax are certain services in the group of goods as follows: “types of services that are not subject to value added tax are certain services in the group of goods as follows: a. religious services; b. art and entertainment services, including all types of services performed by arts and entertainment workers which are objects of regional taxes and regional fees in accordance with the provisions of laws and regulations in the area of regional taxes and fees; c. hotel services, including room rental services and/or room rental services in hotels which are objects of regional taxes and regional levies in accordance with the provisions of laws and regulations in the field of regional taxes and regional levies; d. services provided by the government in the context of running the government in general, covering all types of services in connection with service activities that can only be carried out by the government in accordance with its authority based on laws and regulations and these services cannot be provided by other forms of business; e. parking space provision services, including parking space provision or management services carried out by parking lot owners or parking lot management entrepreneurs to parking lot users who are objects of regional taxes and regional levies in accordance with the provisions of laws and regulations in the field of regional taxes and regional levies; f. catering or catering services, includes all food and beverage provision service activities which are objects of regional taxes and regional levies in accordance with the provisions of laws and regulations in the field of regional taxes and regional levies” then, when referring to the provisions in article 6 of regulation of the minister of finance number 70 of 2022 concerning criteria and/or details of food and beverages, arts and entertainment services, hospitality services, parking space provision services, and catering or http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 130 issn print 2086-6852 and issn online 25985892 catering services, which are not subject to value added tax , in that article it states what are the criteria for hotel services that are not subject to vat, namely: "certain services in the hotel services group that are not subject to value added tax as referred to in article 3 letter b include room rental services and/or room rental services in: a. hotel; b. hostels; c.villa; d. cottage; e. motel; f. inn; g. tourism guest house; h. guest house; i. guest houses, guest houses,bungalow, resorts, or cottages; j. private residences that function as hotels; and k. luxury camping (glamping).” furthermore, when viewed from the sound of article 4a of law number 7 of 2021, it clearly stipulates that certain services that are not subject to vat, namely one of them is hotel services where the scope of hospitality services includes room rental services and/or room rental services in hotels which are objects of regional taxes and regional levies in accordance with the provisions of laws and regulations in the field of regional taxes and regional levies with further details and types stipulated in pmk-70 of 2022, where details of types of closed hotel services(closed list), it can seen from the use of diction“cover” in article 6 (six) said. thus, when interpreted textually article 4a of the hpp law and linked to the limitations and details of pmk -70 of 2022, hotel services are clearly not included in the tax object.increase value (vat) as long as the hotel services referred to have become regional taxes or at least have been included in the category/type of tax collected in accordance with laws and regulations in the field of regional taxes and regional levies which are currently regulated in law number 1 of 2022 concerning financial relations between the central government and the governmentarea (uu hkpd). in other words, if the tax on hotels on tour boats is included in the scope of the hkpd law, then according to the author, the authority that has the right to collect regional taxes is the local government in accordance with the authority granted in the hkpd law. however, if we look at article 6 of pmk 70 of 2022, especially in points "j" and "k", it only mentions“private residence that functions as a hotel” as well as“luxury camping (glamping)”. in article 6 which is closed, there is no related regulation, for example,"ships, trains, or other vehicles/means of transportation that function as hotels". so this has the potential to cause confusionin the field as well as legal uncertainty for hotel service businesses on tour boats. where entrepreneurs who have a hotel business aboard a tourist ship do not rule out being subject to vat by the central tax authorities (directorate general of taxes), assuming that hotel services on board are not included in the list.(list) pmk 70 year 2022. review of tax law on hotels on board tours from a regional tax perspective (pdrd act) as last amended by the hkpd law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 131 issn print 2086-6852 and issn online 25985892 in the discussion of this sub-chapter, the author uses a comparative analysis of hotel taxes between hotel taxes in the previous regional tax law, namely law number 28 of 2009 concerning regional taxes and regional retribution (uu pdrd) and law number 1 of 2022 ( hkpd law), from the table below it can be seen a comparison of definitions, subjects, objects andauthority before and after the hkpd law. table 1. comparison of definitions, subjects, objects and authorities before and after the hkpd law. no regarding pdrd act uu hkpd information 1 hotel definition hotel tax is a tax on services provided by the hotel. hotel is a facility for providing lodging/resting services including other related services free of charge, which includes motels, inns, tourism huts, tourist guesthouses, guest houses, lodging houses and the like, as well as boarding houses with more than 10 (ten) rooms. hospitality services are accommodation providing services which can be complemented by food and drink services, entertainment activities, and/or other facilities. there is a change in definition http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 132 issn print 2086-6852 and issn online 25985892 2 hotel taxpayers and subjects hotel tax subjects are individuals or entities that make payments to individuals or entities that operate hotels. hotel taxpayers are individuals or entities that operate hotels. tax subjects on certain goods and services (pbjt) are consumers of certain goods and services. pbjt taxpayers are individuals or entities that sell, deliver, and/or consume certain goods and services. this regional tax is a unification (integration) of the 5 types of consumptionbased local taxes in law 28 of 2009, namely hotel tax, restaurant tax, entertainment tax, parking tax, street tax and lighting, into one type of tax with the pbjt nomenclature. 3 hotel tax object (1) hotel tax objects are services provided by hotels with payment, including supporting services as hotel accessories which are to provide convenience and comfort, including sports and entertainment facilities. (2) supporting services as referred to in paragraph (1) are telephone, facsimile, telex, internet, photocopying, laundry services,iron, transportation, and other similar facilities provided or managed by the hotel hospitality services as referred to in article 50 letter c include accommodation services and supporting facilities, as well as meeting/meeting room rentals at hotel service providers such as: a. hotel; b. hostels; c.villa; d. cottage; e. motel; f. inn; g. tourism guest house; h. guest house; i. inn/guest house/bungalow/resort s/ cottages; j. private residences that function as hotels; and k. glamping. in the pbjt hospitality object, an object for renting meeting rooms at the hotel is added, as well as a private residence object that functions as a hotel http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 133 issn print 2086-6852 and issn online 25985892 4 . object exceptions not included in the hotel tax object as referred to in paragraph (1) are: a. hostel housing services provided by the government or regional government; b. rental services for apartments, condominiums, and the like; c. housing services at educational centers or religious activities; d. housing services in hospitals, nursing homes, nursing homes, orphanages, and other similar social institutions; and e. travel agency services or tour trips organized by hotels that can be utilized by the public. what is excluded from hospitality services as referred to in paragraph (1) includes: a. dormitory housing services provided by the government or regional government; b. housing services in hospitals, nursing homes, nursing homes, orphanages, and other similar social institutions; c. housing services at educational centers or religious activities; d. travel agency or travel agency services; and e. room rental services to be operated in hotels. the objectexclude d still the same even though the hkpd law uses dictionlaw, which is firmer and more restrictive, namely "covers“ 5 . collection authority regional government, namely the city / regency regional government, namely the city / regency still the same (source: law) from the comparison of the table above after and before the amendment to the regional tax law, it can be seen that there are a number of differences regarding definitions, objects and differences in terminology, where in the hkpd law the terminology used for taxes related to consumption is unified into one type of tax, namely certain goods and services tax ( pbjt) which includes taxes on hotel services. the explanation regarding the differences and similarities of hotel taxes before and after the hpp law will be explainedunder this. first, there is a difference in terms of definition, where in the pdrd law there is no definition of hotel taxspecific is this a tax on goods or services, it only mentions a tax onservice hotels only. then, in the hkpd law, boarding houses which total more than 10 (ten) doors are excluded from the definition of hotel tax. so that in terms of the definition of hotel tax in the hkpd law it becomes morespecific and clearer (clear) i.e. hospitality services are accommodation providing services which can be complemented by food and drink services, entertainment activities, and/or other facilities. the definition is clear that the tax on hotels is the provision of accommodation services without limiting that those providing these services must be in a permanent building called a hotel, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 134 issn print 2086-6852 and issn online 25985892 but can also be a private residence or a semi-permanent building such asglamour camping (glamping) as long as it functions as a hotel, oraccording to in the opinion of the writer, it can also be interpreted that these norms are not limitative, as can be seen from the use of diction"like" not using diction“covers” in article 50 of the hkpd law, namely hospitality services including the provision of accommodation services and supporting facilities, as well as rental of meeting/meeting rooms at hotel service providers such as: hotels; hostels;villa; cottage; motel; inn; tourism guest house; guest house; inn/guest house/bungalow/resorts/ cottages; private residences that function as hotels; and glamping. from this it is clear that there are differences in the norm approach used in regional taxespost amendment (article 50 of the hkpd law), where the details and types related to hotel taxes are not limited(closed list), but with an open system(open list), so that it is still very possible for local governments to include hotel tax objects on tour boats as hotel/regional tax objects, by entering additional detailed phrases, for example,“ships, trains, or other vehicles/means of transportation that function as hotels”including hotel tax objects. so that it becomes a legal basis for the regions to collect taxes on hotels on tour boats without breaking existing laws. 4. conclusions from the discussion it can be concluded that the tax on hotels on tour boats under the authority of law, especially in the post-amendment local tax law (uu hkpd), is very possible to be included in the draft regional regulation (raperda), because of the norms of article 50 in the hkpd law is not closed (closed list). however, so that there is no confusion and uncertainty in tax collection practicesin the field by tax collectors(treasury) at the central and regional levels, the authors need to suggest that the central government, in this case the directorate general of taxes, can revise article 6 of pmk 70 of 2022, to include the phrase for example,"ships, trains, or other vehicles/means of transportation that function as hotels",in order to anticipate the occurrence of disharmony of laws and regulations between the central tax (ppn) and local tax provisions (perda), if later by the local government the hotel tax on ships on tour boats will be included as a hotel tax object. references addi m their hands. (2023).tax collection theory & tax collection principles according to experts. https://tirto.id/guuz agustina, e. (2020). tax law and its application for social welfare.solution, 18(3), 407–418. https://doi.org/10.36546/solusi.v18i3.311 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license \ copyright (c) 2023 author(s) 135 issn print 2086-6852 and issn online 25985892 alfari, e., & rahmi, n. (2022).tourism implementation in increasing taxpayer compliance in barat manggarai district in 2021 public administration study program, faculty of administrative sciences institute of social sciences and management stiami, indonesia. 2(6), 592–604. bohari. (2002).introduction to tax law. grafindo king. darmayanti, n. (2012).calculation analysis of value added tax (vat) in cv. surabaya control means. 1, 29–44. directorate general of budget, ministry of finance. (2021a).our state budget. directorate general of budget, ministry of finance. (2021b).material-socialization-law-no-1year-2022-hkpd. sugiarto day. (2019).tax moduleincrease mark. open university. indonesia, r. (2021).law number 7 of 2021 concerning harmonization of tax regulations. iskandar, a. (2021). juridical analysis of tax collection policies in indonesia.progressive justice, 11(2), 110–125. kustiani, r. (2023).luhut pandjaitan: don't let tour boats in labuan bajo don't pay taxes. https://travel.tempo.co/read/1385537/luhut-pandjaitan-jangan-sampai-kapal-wisata-di-labuanbajo-tak-bayar-pajak maria magdalena fontaine ekawati. (2019).analysis of the effectiveness and implementation of collection of hotel tax and restaurant tax on tour boats on regional tax revenue (study on the regional financial management board of west manggarai regency). university of brawijaya. marzuki, p. m. (2010).legal research. prenada kencana. republic of indonesia. (1945).constitution. republic of indonesia. (1983).law number 6 of 1983 concerning general provisions and tax procedures. wijaya, g.a. (2021). the role of the tourism sector in increasing taxes in north toraja regency.sukowati research and development journal: media research and development, 5(1), 108–124. https://doi.org/10.32630/sukowati.v5i1.261 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ template jurnal ijccs ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 345 issn print 2086-6852 and issn online 2598-5892 improving legislative performance by strengthening authority and increasing obligations shelvi rusdiana faculty of law, universitas internasional batam, indonesia corresponding author e-mail: shelvi@uib.ac.id article history: received: oktober 10, 2022; accepted: november 22, 2022 abstract the regional representative council (in indonesia: dpd/dewan perwakilan daerah) is a government institution formed with noble intentions, to strengthen the representation of regional people so that their issues are fought for in the central government. however, in actual political practice, dpd is constrained by existing regulations in indonesia, making dpd a legislative body without a clearly defined function and authority, and causing its inability to help increase the output of legislation. the legislature's performance, which increasingly often receives negative comments from the public, is a wake-up call for the indonesian parliament to improve. this study aims to analyze the legal facts of the chaos of the indonesian constitutional system that is not optimal in utilizing existing institutions such as dpd. this study also purposes to strengthen the urgency in correcting the mess through legal reform at the constitutional and legislative levels. the normative juridical legal method was used to investigate this matter, which refers to the positive regulations or laws that have been in force in indonesia, which regulate the indonesian constitut ion. as an institution with great potential for assisting the function of the house of representatives (hereafter called dpr/dewan perwakilan rakyat), dpd has always been neglected by indonesian constitutional law politics according to this study. this research highlights the problems restricting the indonesian government in connecting, understanding, and most importantly solving the problems that effect the lives of local communities, and how dpd has the potential to fix if given a better position in the legislation system. keywords: state institutions, legislature, regional representative councils 1. introduction as a form of organization, the state of the law must have a constitution, which is a collection of values underlying the formation of a state, accompanied by fundamental arrangements, restrictions, and explanations of state power and its functions in the life of the nation and state (tan, 2022). the content of a country's constitution must cover three major areas: 1) determining the limitations on the power of state institutions that exercise state power; 2) regulating the relationship between state institutions in carrying out its duties and authorities; and 3) regulating the power relations between these state institutions and citizens in the context of national and state life (herning sitabuana, 2019). indonesia divides government power into three branches: legislative, judicial, and executive (aryani & hermanto, 2019). this form further fulfills indonesia's law state form, in which the restriction and division of powers into these three branches is regulated in the uud nri 1945 (the republic of indonesia constitution 1945). the legislative branch of government has the authority to make regulations that will subsequently apply in society under the leadership of the executive and is tried by judicial power (mumpuni, 2019). legislative power is important in a civil http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 346 issn print 2086-6852 and issn online 2598-5892 law country like indonesia because the role of a representative of the people must be poured into legal products that can ultimately improve the welfare of the people (tinambunan, & prasetio, 2019). the republic of indonesia's constitution, the uud nri 1945, fundamentally regulates the institutional order of the state, including legislative power. according to jimly asshiddiqie, three things must be regulated by the people's representatives who wield legislative power through parliament: 1) arrangements that can reduce the rights and freedoms of citizens; 2) arrangements that can burden the assets of citizens; and 3) arrangements regarding expenditures by state administrators (asshiddiqie, 2015). legislative authority can only be enforced and beneficial if the people, as legal subjects in indonesia, agree to be bound by the various kinds of regulations and norms contained in the legal products made by the legislative power. therefore, ratifying the legal product must go through a particular stage containing elements of checks and balances with other powers in the government to ensure no gaps in the state system (muttaqin, 2019). this stage requires parliament to make and establish the order of regulations through mutual consent with another branch of power, the executive. legislative performance is important in regulating the legal development of a country (artina, 2016). suitable arrangements must always support the direction of development desired by a government. as a result, legislative performance can be considered the main reflection of a country's legal politics (purnamasari, pem & iza zubaidah, 2018). in the context of the constitution, legislation is vital to regulate and establish what the state authority and its officials can do in carrying out duties under its authority and power according to the constitution. to strengthen the regional representation and break the deadlock in conflicts of interest between local governments and the central government, through amendments to the third amendment of the 1945 constitution (1945 constitution), a new institution called the regional representative council (dpd) was formed (saputra, 2022). this amendment also follows the demands of decentralization which became one of the bases for the reforms in 1998. the basis formations of the third amendment to the uud nri 1945 are in articles 22c, 22d, and 22e of the 1945 nri constitution (roesli et al., 2017). then the fourth amendment to the 1945 constitution was carried out and resulted in an amendment to article 2, which states that “the people's consultative assembly consists of members of the house of representatives and members of the regional representative council who are elected by-election and are further regulated by law” this article clarifies the position of the regional representative council (dpd) in the people’s consultative assembly http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 347 issn print 2086-6852 and issn online 2598-5892 (hereafter called mpr/majelis permusyawaratan rakyat), which previously did not receive clarity through the third amendment. the house of representatives (in indonesia: dpr/dewan perwakilan rakyat) is often used as a target for the indonesian people to be dissatisfied with the government, especially after the corruption cases. it puts the dpr, and in this case, the dpd, in a significant position as one of the most supervised state institutions of the people. legislative power in indonesia has given birth to several legal products that are considered controversial by the people and by the press, such as law no. 19 of 2019 concerning the second amendment to law number 30 of 2002 concerning the corruption eradication commission (revision of the kpk law) and law no. 11 of 2020 concerning job creation. the uproar caused by the revision of the kpk law in 2019 demonstrated widespread dissatisfaction and a decrease in popular confidence in the state legislature's performance (santika, 2020). it increases the urgency for improvements in indonesia's legislative power branch. the dpd proposal concerning mpr to immediately re-amend the 1945 nri constitution because of the fourth amendment, especially the arrangements in articles 22c and 22d concerning dpd is developing. in the legislative mechanism (the establishment of law), the authority of the regional representative council is very narrow, even when it is included in comparison with the authority of the president. according to article 20, paragraph (2) of the 1945 constitution, “every bill is discussed by the dpr and the president for mutual approval.” if the involvement is counted, only these two branches of government power significantly impact the process of birthing a legal product such as law. meanwhile, the dpd, which is also part of the legislative branch of power, has an almost invisible impact compared to the president, which is the executive branch of government power. it is even more absurd when the bill was mutually approved into law contains regulatory contents related to the authority of dpd as stipulated in article 22d paragraph (1) of the 1945 nri constitution. in addition to the constitutional issues raised above, the shift in legislative power from the president to the dpr due to the 1945 nri constitution amendment reveals constitutional issues in the context of the law's ratification. the president passed a bill that had been mutually approved to become a law under article 20, paragraph (4) of the 1945 nri constitution. furthermore, article 20 paragraph (5), which arose after the second amendment to the 1945 nri constitution, stated that if the president did not pass a bill that had been mutually approved within thirty days of its approval, the bill was valid to become a law and must be promulgated. the formulation of the problem of this study is: 1) what is the problem with the performance of the legislature in indonesia? 2) how is the space for improving the quality of legislative performance in indonesia?, and 3) how to strengthen the regional representative http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 348 issn print 2086-6852 and issn online 2598-5892 council (dpd) and improve the performance of the legislature?. therefore, this research aims to analyze how the regional representative council can improve the performance of the indonesian legislature in general through the delegation of authority, which can be done by strengthening the position of dpd in the constitution of the republic of indonesia1945. 2. research methods as previously stated, this study aims to examine how the regional representative council (dpd) can improve the performance of the indonesian legislature in general through delegation of authority, which can be accomplished by strengthening the dpd's position in the 1945 constitution. to achieve the study's objectives, this research uses a normative legal research method (tan, 2021), with a constitutional approach, which uses the 1945 constitution as the basis for discussion. secondary data in the form of the republic of indonesia's constitution, existing and applicable laws and regulations in indonesia, and previous studies, particularly those related to the performance of the legislature in indonesia, are used. the secondary data used is the 1945 constitution of the republic of indonesia, law number. 12 of 2011 concerning the establishment of legislation, law number. 2 of 2018 concerning the second amendment to law number 17 of 2014 concerning the people's consultative assembly, the people's representative council, the regional representatives council, and the regional people's representative council, and law no. 15 of 2019 concerning amendments to law number 12 of 2011 concerning the establishment of legislation. 3. results and discussion problems with legislature performance in indonesia legislation is the primary expression of policy in the form of law. since the fall of the new order regime in indonesia, the people's consultative assembly (mpr) has been the main governing agency that regulates legislation and is the leading pawn of the agenda and direction of the country's legal politics. this parliament consists of two divisions: the house of representatives (dpr) and the regional representatives council (dpd). as a country with civil law system, in practice, the laws and regulations basen on legal codification have a significant position in the indonesian legal system. they are the source of law regulating the nation and state life. each of indonesian legal product has its own legal politics and problems, while having same initial goal, namely to bring order and correct the ambiguity of the previous regulations (aditya & winata, 2018). the higher the position of the law, the more powerful it is. the constitution is at the top of the hierarchy (sagama, 2018). constitutional legal construction can be http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 349 issn print 2086-6852 and issn online 2598-5892 defined as a set of written rules outlining the basic principles for running the state. the constitution also includes fundamental articles that govern the protection of human rights. many articles in the constitution require further regulation, governed by various laws and regulations enshrined in the indonesian legal and regulatory hierarchy. other laws and regulations exist at the local government level, including provincial and district/city regional regulations. the governor (provincial head) and the provincial dprd (regional people's representative assembly) share the authority to issue provincial regulations in addition to their legislative powers. the same rules apply in a regency/region, where the regent/mayor and the regional house of representatives have the authority to enact special regional laws and regulations. the living and applicable laws, particularly those encountered in rural areas, are also accommodated in indonesian traditional legal sources, specifically in the form of "peraturan desa" (in english: village regulations). although law no. 12 of 2011 concerning the formation of legislation (drafting legislation law) does not explicitly mention the existence of village regulations, it does recognize such regulations as part of the legislation. these laws and regulations must be written to become village regulations. the village is the lowest unit of the indonesian government. specific regulations based on values and norms that emerge and develop within minor government units such as this one is required to ensure the smooth operation of rural communities that do not necessarily share the same norms and values as cities in indonesia. it is increasingly important given the existence of indigenous peoples, who are still an essential part of various rural areas in indonesia (nasir, 2017). the existence of regulations specifically regulating the life of the nation and state in regions of indonesia is a type of solution offered by the indonesian legal system in responding to the challenges of the indonesian population's very high demographic diversity, given the many tribes and cultures that develop in indonesia. however, this solution cannot always answer the problems that worsen the relationship between the local people and the central government. problems may arise due to enacting laws and regulations for all indonesians. problems do not have to be about the norms and values that emerge in specific areas; they can also form fundamental issues, such as the manifestation of people's aspirations in specific legislation. an example can be seen in the job creation act, which was rejected in various parts of the country. legislative performance in indonesia is still not optimal. a study in indonesia even discovered a link between regeneration and the output of legislation, which is still at a low level (parwati & istiningdiah, 2021). however, it is important to note that this study's findings cannot be used as the sole benchmark for evaluating the indonesian legislature's performance. it is because an adequate governance structure must accompany regeneration for the workload to be evenly http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 350 issn print 2086-6852 and issn online 2598-5892 distributed and the budget held by the legislature's powers to be utilized optimally. another study found that, due to the passage of the omnibus law, there was massive social delegation, indicating public dissatisfaction with legislative performance and that legislative performance was below standard (rishan, 2022). the right to give or withhold approval to ratify a bill is manifested by the participation of the people's representative institutions in drafting a bill. it is known as the right to confirm in theory (asshiddiqie, 2015). thus, theoretically, this social delegitimization can be seen as a manifestation of people's dissatisfaction with the legislative power structure in indonesia, which approved the legislation's ratification. in addition, the people also consider that indonesia's people's consultative assembly (mpr) has failed to exercise its authority to supervise officials within the legislature itself. it is also true because, theoretically, through the right to confirm, the people's representative institutions should be able to obtain a supervisory function, which can be used to supervise state officials, particularly those directly involved in the controversial regulatory process. because of the nature of the legislative body itself, which can be said to be the people's spokesperson, jimly asshiddiqie explains that the people's representatives in the legislature have a role that is more than just making laws and regulations (from the word le parle which means to speak) (asshiddiqie, 2015). in drafting and other processes related to ratifying a bill into law, the dpr does not provide clear information to the public regarding the standards followed in various national legislation program (in indonesia: prolegnas/program legislasi nasional) evaluation processes. the determination of bills included in the revision of the national legislation program is also not always capable of responding to various community problems and regulatory needs. the data illustrates the problems in the prolegnas, as only 13 bills were successfully passed out of 37 bills evaluated by the prolegnas during the pandemic (rizki, 2022). additionally, the dpr does not make getting information about this issue accessible. when this research was conducted, there was no clarity on the soft copy of the personal data protection law, which, based on the dpr and the press in indonesia, had been ratified. as part of the mpr, the dpd has minimal duties and powers. the dpd's only role is to consider the dpr on specific draft laws (article 22d paragraph (2)) or to submit bills related to regional autonomy (article 22d paragraph (1)). based on these factors, indonesia's legislative power, particularly the dpr, appears complicated and incapable of fulfilling its responsibilities as the people's representatives. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 351 issn print 2086-6852 and issn online 2598-5892 room for improving the quality of legislative performance in indonesia dpr has started submitting a second amendment bill to law number 12 of 2011 concerning formatting law, which is included in the 2022 priority prolegnas. the changes in the bill must be able to increase the space for people's participation, which is greatly facilitated by the government, given the rapid development of technology and information systems for society in general. through these changes, the legislative branch of power must be able to represent the voices of the people through the design and ratification of various forms of legislation that will have a direct impact on the life of the nation and state. the government welcomed the dpr initiative, an excellent step toward improving the quality of all processes related to the design and ratification of laws and regulations. conflicts of interest and regional issues, which were not entirely addressed by the reforms in 1998, must be bridged through the legislative process. the national legislation program must also include more extensive socialization of people living in remote areas who are unaware of various legal developments that occur, even though these legal developments directly impact their survival and welfare. there needs to be a precise legal construction to facilitate article 21 paragraph (3) of the law on the drafting of legislations, which can also be referred to as the promise of public participation in drafting laws and regulations. article 21 paragraph (3) of the law on the drafting of legislation “(3) the preparation of the national legislation program within the dpr as referred to in paragraph (2) is carried out by considering proposals from factions, commissions, members of the dpr, dpd, and/or the public.” the legal construction, in this case, can take the form of specific activities or programs that are included in the work budget list of the state legislative power to ensure the fulfillment of community promises. with a legal construction that law clearly and directly regulates, not carrying out a work program related to this is not only a form of laziness of the state legislature but also a violation of the law and the spirit of legislation in the state administration. furthermore, that can be raised in the discussion of improving electronic-based services, which are considered progress in the prolegnas mechanism (rahman, 2021). by improving the repository system and communication system through the website, the state legislature can strengthen efforts to socialize and increase the availability of various services available on the website, such as providing soft files of newly passed laws and regulations, among other things. the government must also support digitalization mechanisms by strengthening information systems on a large scale. the more sophisticated technology is the more complex it is, and the more spaces or gaps that irresponsible people can exploit to infiltrate information systems. by making quality and transparent information available to the public, the performance of the state legislature in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 352 issn print 2086-6852 and issn online 2598-5892 representing the people's voice through various legislative drafting processes will be more visible in the eyes of the people. the state legislature will be able to reduce the spread of fake news or news that is essentially true, but the narrative is twisted by optimizing the official parliamentary website (dpr.go.id). in particular, the dpr, as an institution that performs the functions of legislation, oversight, and budgeting, every dpr activity related to the implementation of these functions will be a unique attraction, bringing traffic from the public to the official website. the public, as users, will also be able to obtain accurate, precise, timely, and comprehensive information from significant information sources via the web, rather than information from other media that may be unable to present factual, complete, and detailed information as the dpr's official website (sanur, 2017). improving the services provided by this website is also very important in increasing the dignity of the government, especially the legislature, which has often been the victim of hacktivism. hacktivism is an act of activism by a person or group to convey their aspirations through digital hacking systems. hacktivism, which has become a culture in indonesian politics, demonstrates the importance of improving the quality of the legislature’s information systems and technology, which has not been addressed optimally (persadha, 2020). even though democracy can be channeled through such activities, the government is forced to lose its dignity and authority, given the prevalence of various forms of hacktivism in indonesia. legislative powers are also inextricably linked to regional autonomy. regional autonomy continues to be criticized in the context of central-regional relations, particularly in drafting legislation. the relationship between the central government and local governments, which still has many problems, is an important issue that will always be relevant for strengthening the role of the dpd. as a side effect, uneven development and increasing levels of inequality between regions, on many broad and specific matters, for example, regional issues, utilization of regional natural resources, maritime provinces, and border areas. regional communities will be significantly assisted by strengthening the dpd because it will help reduce the gaps in indonesia and form a more just, equitable, and equal social and economic order (efriza, 2021). strengthening the regional representative council (dpd) to improve the performance of the legislature dpd is part of the mpr, which plays a crucial role in representing the community and local government. although they differ only in the last word, namely between "people" and "regional," the dpr and dpd have differences that cover more than just regional autonomy, decentralization, and the national legislative process. both legislative agencies are in a bicameral system, with the authority to propose and enact laws and regulations. according to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 353 issn print 2086-6852 and issn online 2598-5892 development of the theory, the bicameral system is better when used as a model for the federal state system to prevent the possibility of excessive autonomy regulation under the central government (federal government) or the excessive legislature. however, the performance of the legislature in indonesia and the role of the dpd in the national legislative process is still minimal. the existence of the dpd is expected to raise people's expectations to participate in forming laws and regulations, especially those in the regions. it is expected to help the legislative branch of government develop public policies and other laws and regulations that benefit the interests of the local people and the life of the nation and state of all indonesians. dpd is expected to ensure that regional interests, as an inseparable part of national interests, can be fought for to support improving the quality of life, law enforcement, and regional development. regional interests and various kinds of problems faced by the regions are expected to be fought for and assisted in their resolution at the national level (ariyanto, 2020). under the 1945 constitution, article 22d states that the dpd has the following powers: “(1) the regional representative council may submit to the house of representatives a draft law relating to regional autonomy, central and regional relations, formation and expansion as well as regional mergers, management natural resources and other economic resources, as well as central and regional financial balances, as well as those related to the central and regional financial balances; (2) the regional representative council participates in discussing draft laws relating to regional autonomy; central and regional relations; formation, expansion, and merging of regions; management of natural resources and other economic resources, as well as central and regional financial balance; as well as considering the house of representatives on draft laws relating to taxes, education, and religion; (3) the regional representative council may supervise the implementation of laws concerning: regional autonomy, the formation, expansion, and merger of regions, central and regional relations, management of natural resources and other economic resources, implementation of the state revenue and expenditure budget, taxes, education, and religion and submit the results of their supervision to the house of representatives for consideration for follow-up; and (4) members of the regional representative council may be dismissed from their positions, the conditions and procedures for which are regulated by law”. because the dpd's function has not demonstrated the importance of its existence in the state order, the dissolution or any plans related to the dpd must begin with changes in the legal construction. article 22d paragraph (2) states that the dpd is "participating in discussing" the draft law with the dpr. however, the dpd's opinion is not required as one of the ratification requirements when drafting and ratifying the bill (sulaiman, 2015). the interpretation of article 22d paragraph (2) defines "participating in the discussion" as an important role that requires the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 354 issn print 2086-6852 and issn online 2598-5892 dpd always to be involved from the initial stage until it is accompanied by the authority to refuse and give approval, had appeared. however, it was denied by the constitutional court concerning article 20 paragraph (2) putusan mk nomor 92/puu-x/2012: “(2) each draft law is discussed by the house of representatives and the president for mutual approval.” the constitutional court considers that the interpretation of article 22d paragraph (2) must be carried out using article 20 paragraph (2) as the main reference, and the interpretation of article 22d paragraph (2) cannot be made on the presumption that the article can stand alone (putusan mk nomor 92/puu-x/2012). however, the implications of the constitutional court's decision regarding dpd as a part of the legislative institution are not all negative. it was explained that the explanation related to article 22d paragraph (2) of the 1945 constitution is not intended to prevent dpd from entering the bill discussion room but requires dpd involvement in any process related to the prolegnas (nurbaningsih, e. (2015). in contrast to the discourse to strengthen dpd, the discourse to dissolve dpd is also unsuitable. given the significance of dpd formation in-state activities, particularly in maintaining harmony in lawmaking between local and central governments (toding, 2017). this fact demonstrates that indonesia's system is not an equivalent bicameral system, with the legislative functions and authorities of the dpd being much smaller than the functions and authorities of the dpr. dpd's supervisory function is on various processes for implementing laws and regulations. in particular, regional laws and regulations must be strengthened by allowing the dpd to veto bills that are not directly related to regional autonomy, relations between central and regional governments, regional formation and expansion, or the management of natural resources and other economic resources (pakpahan, 2016). in addition to realizing the actual bicameral system, this strengthening of the supervisory function will also clarify the relationship of equality in the concept of checks and balances, which is one of the bases for establishing dpd in the state legislature (pakpahan, 2016). it is also necessary to explain further how the manifestation of the duties and authorities of the dpd regulated in article 249 of law no. 2 of 2018 concerning the second amendment to law number 17 of 2014 concerning the people's consultative assembly, the house of representatives, the regional representative council, and the regional people's representative council (md3 law). in the law on drafting laws and regulations, “(1) dpd has the authority and duties of: a. submitting draft laws related to regional autonomy, central and regional relations, formation and expansion and merger of regions, management of natural resources and other economic resources, as well as those related to the balance of central and regional finances to the dpr;”. this is contrary to article 65 of the law on drafting laws and regulations, which states “(1) the dpr http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 355 issn print 2086-6852 and issn online 2598-5892 carries out the discussion of the draft law with the president or ministers assigned; (2) discussion of the draft law as referred to in paragraph (1) relating to: a. regional autonomy; b. central and regional relations; c. the formation, expansion, and merger of regions; d. management of natural resources and other economic resources; and e. balance of central and regional finances, carried out by including dpd; (3) dpd's participation in the discussion of the draft law as referred to in paragraph (2) shall be carried out only at the level i; (4) dpd's participation in the discussion of the draft law as referred to in paragraphs (2) and (3) is represented by the fittings in charge of the content of the draft law discussed; and (5) the dpd gives consideration to the house of representatives on the draft law on the state budget and the draft law relating to taxes, education, and religion.” this article states that dpd gives consideration and discussion only up to level i regarding matters related to taxes, education, and religion. furthermore, the regulation of article 65 in this legislation is unconstitutional because it does not follow the arrangements of the state constitution, namely the 1945 constitution, as explained in article 22d paragraph (1): “the regional representative council may submit to the house of representatives a draft law relating to regional autonomy, central and regional relations, the formation and expansion and merger of regions, management of natural resources and other economic resources, as well as central and regional financial balance, as well as those related to central and regional financial balance.” article 249 of the md3 law also has conformity with article 65 of the law on the drafting of laws and regulations, particularly in letters d-f, which states: “d. give consideration to the dpr on the draft law on the state budget and draft laws related to taxes, education, and religion; e. can supervise the implementation of laws on regional autonomy, the formation, expansion, and merger of regions, central and regional relations, management of alarn power surnber, and other economic resources, implementation of the state budget, taxes, education, and religion; f. submit the results of supervision over the implementation of laws on regional autonomy, the formation, expansion, and merger of regions, central and regional relations, management of natural resources and other economic resources, implementation of state budget laws, taxes, education, and religion to the dpr as consideration for follow-up”. furthermore, the supervisory and evaluation function as referred to in article 249 letter j of the md3 law is also not explained how the manifestation of the monitoring and evaluation is “monitoring and evaluating the draft regional regulations and regional regulations”. until now, it is not clear how the dpd has been carrying out its supervisory function through the formulation of "monitoring and evaluation," which is not accompanied by concrete authorities such as veto power and the authority to approve “(2) in carrying out supervisory duties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 356 issn print 2086-6852 and issn online 2598-5892 as referred to in paragraph (1) letter e, dpd members can hold meetings with local governments, dprd, and community elements in their constituencies.” because it clashes with other related arrangements, the interpretation of dpd's supervisory function is limited to giving consideration only. thus, it can be interpreted that the manifestation of article 249 letter j in the context of supervising regional legal issues, such as regional regulations, by the dpd can only be stated in the form of recommendations (muin, 2021). the turmoil in the arrangements regarding the dpd's authority and function demonstrates the dpd's low dignity in the indonesian state order. until now, it has been incapable of being facilitated through any legal remedies, especially given the failure of the dpd's 2012 judicial review, hampered by the indonesian constitution itself. it did not provide sufficient breathing room for the interpretation of the fundamental legal constructions governing and compiling the duties, functions, and authorities of dpd in the indonesian constitutional system. the government's indifference to the vagueness of the role of the dpd in the national legislature is increasingly seen in article 71a of law no. 15 of 2019 concerning amendments to law number 12 of 2011 concerning the establishment of laws and regulations, which states, “in the event that the discussion of the draft law as referred to in article 65 paragraph (1) has entered the discussion of the inventory list of problems during the period of membership of the dpr at that time, the results of the discussion of the draft law are submitted to the dpr for the following period and based on the agreement of the dpr, the president, and/or the dpd, the draft law can be re-included in the list of medium-term prolegnas and/or annual priority prolegnas.” the use of the conjunction "and/or" here makes dpd's position in the regulation of article 65 paragraph (1) of the law on drafting legislation even more unclear. furthermore, the legislation does not explain when a dpd joint agreement is needed (in reference to the use of the conjunction "and") and when the dpd joint agreement is auxiliary (in reference to the use of the conjunction "or"). the disharmony between these two laws and regulations has unfortunately lasted for quite a long time and will only be changed in the future after the revision of the law on drafting legislation into the 2022 priority prolegnas. the chaos in the existing laws and regulations in indonesia is something that has been explained by jimly asshidiqqie, where the state overhauls and updates laws and regulations without any direct control. the need for various legal reforms and updates, particularly concerning the state order, has shifted towards a more democratic and just direction. the direction of change like this has a very positive impact on the development of law in indonesia because it spurs critical attitudes from many circles, especially among legal experts, both within and outside the government. however, this kind of habit, if not controlled, can lead to destabilization and disharmony in public discourse, leading to more chaos in the order of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 357 issn print 2086-6852 and issn online 2598-5892 indonesian national law (asshiddiqie, 2015). strengthening the regional representative council (dpd) could also mean fixing the existing problems with the legislative performance. already mentioned problems such as uneven development and increasing levels of inequality between regions, can only be fixed when the there’s harmony and understanding between the central and local government. dpd needs to be given a chance to bridge the gaps between the central and local government by represententing the local living values and cultures, and their connection to the struggles of many local communities throughout the country. dpd can also play an important role in improving the amount of output the indonesian legislative body can realistically aim for and eventually realize to help accommodate the many changes needed in the legal system, relevant to the changes in the indonesian society. 4. conclusion the formation of dpd is based on noble intentions: to harmonize the relationship between local governments and the central government and strengthen the representation of regional people's voices. thus, they can be fought for in developing various legal products that will apply to and affect the life of the nation and state. however, this noble goal was not supported by the efforts of the state to realize it. the dpd appears to be a legislative institution without a name and theoretically only a manifestation of the central government's empty promises to the regional governments and people. this study also reveals that, despite the legal turmoil surrounding the revision of constitutional regulations in indonesia, not a single effort was made to clarify the position of dpd, which has enormous potential to improve legislative performance in general. the often-contentious legislative output is also not used as a lesson to improve the government's constitutional system, particularly in the legislative branch of power. various efforts made by the dpd to restore its dignity and maximize its function to represent the voice of the regional people also ended in a stalemate. this problem must be corrected starting from the highest legal hierarchy governing the dpd itself, the 1945 constitution. as long as amendments to the 1945 constitution do not occur, the dpd's struggle to flap its wings in indonesia's legislative power branch will lead to a stalemate, as happened in 2012. the urgency of this amendment stems from the legal turmoil that has destabilized the harmony of constitutional arrangements and been overruled too far without producing significant changes. references aditya, z. f., & winata, m. r. 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abstract this researcher aims to find out about the rights of creditors of individual collateral holders in the norms of law no. 37 of 2004 on insolvency and delay of debt payment obligations. the researcher's method uses norrmative law with a statutory problem approach and a conceptual approach. broadly speaking, the position of individual guarantees in the norms of the bankruptcy law if the insurer and debtor are declared bankrupt simultaneously, then it is a concurrent creditor and all the assets of the insurer as bankruptcy property. in the process of managing and releasing bankruptcy property, that the position of concurrent creditors in the process of division of bankruptcy property is at the bottom, because in principle it can but if the creditors are many while the property is few, then potentially do not get the share or even if it can be very small percentage. so that the position of creditors of individual collateral holders who are concurrent creditors is very weak in the process and distribution of bankruptcy property. when the debtor is declared bankrupt while the insurer is not declared bankrupt, then all the assets of the insurer do not include bankruptcy property. so creditors have the right to make a default lawsuit in accordance with article 1243 kuhper to the insurer, if the process and enactment of the debtor's bankruptcy property is insufficient creditor debt. the mechanism of fulfilling achievements to individual guarantee holder creditors, namely creditors can execute the collateral object directly without having to apply for bail and execution to the court, because after the bail object is registered with the guarantee institution, the certificate will be issued as a guarantee that has executory power. keywords: insolvency, guarantee, guarantor 1. introduction creditors who aim to provide credit certainly do not only depend on credit agreements that have been approved by creditors and debtors. article 1131 of the civil code (hereinafter referred to as the criminal code) explains that in providing a sense of security to provide loans and to reduce the risk of loss to lenders, creditors often ask debtors to provide guarantees to creditors, against these guarantees an agreement is made which is referred to as a guarantee agreement. under the insolvency act, foreclosure includes the entire property of the debtor as the interest of the creditors. the existence of insolvency aims to have the management divide the wealth owned by the debtor by the curator to all creditors on the condition that it prioritizes the interests of creditors' rights. insolvency is a court decision that has the effect of confiscation covering all the assets of debtors who have been declared bankrupt, including current and future assets (wijayati, 2019). the definition of insolvency in accordance with article 1 paragraph (1) of law number 37 of 2004 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:afiliadinda19@gmail.com vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 42 issn print 2086-6852 and issn online 25985892 concerning insolvency and postponement of debt reduction obligations (hereinafter referred to as the insolvency law), is the confiscation of all assets belonging to debtors who have gone bankrupt with the process of management and settlement carried out by the curator under the supervision of the supervisory judge. the insolvency law and pkpu were promulgated in good faith to provide protection to the rights of creditors who have receivables with the insolvent party. in principle, the assets left by the bankrupt party are not equivalent to the amount of debt owned. the existence of a debt is a form of obligation that must be fulfilled by the debtor, if the obligation is not fulfilled, then the creditor has a right to receive fulfillment of the proceeds of the debtor's wealth (aprita, 2022). in accordance with article 1132 of the penal code, it is explained that creditors or parties who have the right to obtain the fulfillment of an agreement, are required to request the assets owned by the debtor in a reasonable manner, the amount of which is receivable from the parties will be calculated and compared with the overall receivables against the entire assets of the debtor. debtor insolvency is a condition in which it can be determined by the court that the debtor is no longer able to pay his debts, resulting in the deprivation of property and income for the public benefit of creditors in court supervision, because in insolvency it is included in the legal institutions used for liquidation of the assets owned by the debtor in order to make payment of debtor debts to his creditors (shubhan, 2008). insolvency causes the debtor to lose the right in law to all his property, whereby all property belonging to the debtor and everything acquired during the insolvency proceedings, is in foreclosure from the date the judgment of the bankruptcy declaration has been pronounced in accordance with the second section of the insolvency act concerning the consequences of insolvency. in particular, bankruptcy judgments result in bail rights and privileges such as liens, liens, fiduciaries and mortgages as in section 55 of the insolvency act. creditors in article 1 paragraph (2) of the insolvency act provide an explanation that the party who has the debt is called a creditor, this is due to the existence of an agreement or law that can be sued at the green table. m. yahya harahap stated that, in an agreement, there will be a legal correlation so as to result in the law of wealth covering 2 (two) or more people giving a right to 1 (one) party who is obliged to the other party regarding his achievements (suputra et al., 2020). there are 2 (two) kinds of civil law norms of guarantees, namely covering treasury guarantees and individual guarantees (muslimin, 2020). as in article 1131 of the criminal code, it has regulated related to treasury guarantees, where all material things owned by debtors or borrowers, both immovable and movable and both future and current, the treasury is the responsibility of all individual bonds. insurers are regulated in article 1820 of the penal code quoting that "agreements made by third parties for the purposes of creditors by means of selfhttp://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 43 issn print 2086-6852 and issn online 25985892 binding as fulfillment of the agreement to the debtor, if not making the agreement that has been made are called insurers." containing the meaning that the guarantor cannot be called a debtor, the guarantor can be interpreted as a guarantor to carry out the debtor's commitment to creditors. if the debtor neglects to perform his achievements to the creditor, then the obligation will pass to the guarantor. therefore, it brings about a change in the status of the insurer to turn into a debtor (dayu & albani, 2022). the guarantor cannot be held liable in excess of the amount owed or on condition that it is greater than the debtor. if the insurer holds more than the amount of the debt or the terms, then the agreement is not at all voidable. instead, the agreement is valid according to the statement in the principal agreement that has been agreed. individual agreements have certain legal consequences, including: 1. the indemnity agreement is based on the principal agreement; 2. in the event of an invalid indemnity agreement, the principal agreement is invalid; 3. if the indemnity contract is terminated, the main contract is also terminated; 4. if the agreement/agreement is attached to the principal agreement, it will switch to following the transfer of the principal agreement. an insurer agreement is a follow-up agreement that can be referred to as an accessoir agreement, in accordance with article 1821 of the criminal code, which is as follows: "a personal guarantee cannot be issued in the absence of a valid principal agreement". from the above rules, conclusions can be drawn if there is no principal agreement, there is no insurer agreement, because the nature attached to the insurer agreement is accessoir. therefore, the insurer's agreement depends on the other agreement. an agreement born from an insurer agreement can be deleted due to the same consequences, which can result in the expiration of another agreement as article 1845 of the criminal code and the abolition of the agreement is regulated in article 1381 of the criminal code (ishak, 2010). with the existence of general confiscation, it can avoid foreclosures and excesses by creditors in their own way (hermawan et al., 2020). such conditions to fulfill the rights of creditors so as not to cause many disputes, the government of indonesia issued the insolvency law. in the agreement there are receivable debts related to property as individual collateral, if the debtor does not fulfill his obligations to the creditors, this causes the debtor and the insurer to be declared bankrupt at the same time. thus causing a legal problem where the creditor has to wait for the insolvency process to end, then when the creditor is unable to fulfill the debtor's achievements in the bankruptcy estate, thus the creditor is allowed to sue the insurer for the fulfillment of the achievements of the debtor and the creditor cannot immediately exit the insolvency scheme by directly requesting the fulfillment of the debtor's achievements to the insurer. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 44 issn print 2086-6852 and issn online 25985892 2. research methods the research method is carried out to collect materials and can process in order to obtain answers to a problem contained in this study. the research that has been made uses a normative type of legal research, which is a process that finds the rule of law, legal principles, and legal doctrines to answer legal issues. researchers also use normative legal research, as it aims to find applicable legal norms. using a statute approach and a conceptual approach. results of research and discussion based on the provisions of article 1 paragraph (1) of law number 37 of 2004 concerning insolvency and postponement of debt payment obligations, insolvency is a general confiscation of all assets of bankrupt debtors whose management and settlement are carried out by the curator under the supervision of the supervisory judge. a creditor is also referred to as a party who lends debts, under the insolvency law article 1 paragraph (2) explains that a creditor is someone who has receivables caused by an agreement or law that can be collected in court. the existence of insolvency aims to be the division of property owned by the debtor and carried out by the curator to the creditors with their respective rights. the insolvency act is intended to protect the interests of creditors who have receivables on the insolvent party, because the entire property left or left by the insolvent party does not exceed the amount of debt owned. creditors according to h.m.a savelberg give a statement that the creditor has a basis in each agreement, so that a person has the right to give a claim from someone as collateral, thus causing someone to give something from another person in order to obtain what has been given before(graafland et al., 2006). creditors can borrow to individuals or legal entities such as pawnshops, financial institutions, banks, or other guarantee institutions. creditors are also entitled and obliged to pledge to the debtor in the form of capital for business or for the purposes that the debtor uses on the money that has been borrowed. on the contrary, the creditor is obliged to keep valuables or objects that have been pledged by the debtor as a guarantor of the creditor to pay off his debts. it can be interpreted that credit is carried out based on trust, risk and economic exchange in the future. as in the provisions of article 1 paragraph (1) of the insolvency act, creditors in insolvency are classified into 3 (three) namely as follows: 1. separatist creditors a separatist creditor can be interpreted as a creditor who holds a treasury guarantee or can be called a creditor with a "privilege" this is regulated in article 1133 of the criminal code. a separatist creditor is a right that regulates an authority to execute/trade collateralized objects, without going through a judgment from the court. these rights include: a. pawn http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 45 issn print 2086-6852 and issn online 25985892 the debtor or lien must give possession of the pledged object to the credior or the beneficiary of the collateral. based on articles 1150 to 1160 of the criminal code that apply to movable objects. b. mortgage based on article 1162 of the criminal code, mortgage is meant the right to immovable objects as compensation or repayment of an agreement or debt. c. dependent rights dependent rights can be interpreted as dependent rights on objects and land related to land, so that collateral can be interpreted as collateral for the treasury attached to the land. dependent rights are contained in law no. 4 of 1996. d. fiduciary guarantee fiduciary rights are regulated in law no.42 of 1999 which contains fiduciary guarantees. fiduciary guarantees in the form of dependent rights, liens and mortgages. 2. special creditors special creditors or preferred creditors are statutory rights granted to creditors therefore the level is higher than other creditors, this is regulated by the nature of receivables. special preferred creditors that have been regulated in article 1139 of the criminal code and article 1140 of the criminal code which discusses general preferred creditors. 3. concurrent creditors concurrent creditors can be defined as creditors who receive repayments simultaneously calculated on the basis of individual receivables rather than the receivables entirely compared to all assets belonging to the debtor. therefore, concurrent creditors have a common position in resolving debts belonging to debtors without any precedence as in article 1132 of the penal code. the size of the claim is held by preferred creditors and separatist creditors affects the settlement of claims by concurrent creditors. if the claims held by preferred creditors and separatist creditors are getting smaller, then concurrent creditors can allow for the fulfillment of larger bills. however, if the claims held by preferred creditors and separatist creditors are large, then the chances that concurrent creditors have in obtaining a fulfillment of receivables are getting smaller. according to the insolvency law, the parties involved in the insolvency process are the bankruptcy applicant, the bankruptcy debtor, the commercial judge, the supervisory judge, the creditor committee, and the curator. based on article 1 paragraph (5) of the insolvency act, the curator is a person who is appointed by the court and given the task of tidying up and managing the property of the bankrupt debtor under the supervision of the supervisory judge. in section 16 of the insolvency act, the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 46 issn print 2086-6852 and issn online 25985892 curator has the authority to carry out the settlement or management of the bankruptcy property from the date the bankruptcy judgment is mentioned even if the judgment has been filed for review or cassation. the provisions of article 69 paragraph (1) of the insolvency act, the curator has an obligation in managing and/or settling bankruptcy assets. where management has an administrative nature and management is subtantive. administrative management such as: 1. announcing insolvency the maximum deadline is 5 (five) days from the date of receipt of the bankruptcy determination decision announced by the curator and the supervisory judge. the announcement will be announced in the state gazette of the republic of indonesia conducted by the curator and at least in 2 (two) daily newspapers that have been determined by the supervisory judge. 2. sealing of insolvent property the curator may apply for security of the debtor's property to the supervising judge in charge of the commercial court. furthermore, security will be carried out by the bailiff at the place where the property is located, and witnessed by 2 (two) witnesses, one of whom is a representative of the local government under section 99 of the insolvency act. "representative of the local government" can be interpreted as the village head or village head as explained in article 99 paragraph (2) of the insolvency act. 3. registration of bankruptcy property / recording bankruptcy assets must have a recording carried out by the curator with a maximum period of 2 (two) days after receiving a decree of appointment as curator. the recording must be with the approval of the supervising judge even if it can be done under the hands of the curator, under section 100 of the insolvency act. the presence of debtors can help facilitate the implementation of wealth registration. this is because the debtor is more aware of all his assets so that the curator is obliged to call the bankrupt debtor as the giver of instructions and information in the registration of the property. when the bankruptcy property has been registered, the curator must include a list that states the amount of receivables, the nature and assets of the bankruptcy as well as the name and domicile of the creditor with the amount of each receivable owned by the creditor. the recording and registration are then submitted to the clerk of the court to be witnessed by all persons under section 102 and section 103 of the insolvency act. 4. continuing the debtor's business seek the permission of the interim committee of creditors despite the existence of an appeal or review to continue the business of the insolvent debtor. however, if there is no temporary creditor committee, it is necessary to obtain permission from the supervising judge under section 104 of the insolvency act. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 47 issn print 2086-6852 and issn online 25985892 5. opening telegram letters of insolvent debtors the curator has the authority to view telegrams and letters addressed to the insolvent debtor. telegrams and letters that have no connection with the bankruptcy property must be given immediately to debtors who are declared bankrupt by pegadilan. companies that send telegrams and mandatory letters to the curator, then must be addressed to the bankrupt debtor. all letters of objection and complaint relating to insolvent property must be presented to the curator in accordance with section 105 of the insolvency act. under article 24 and section 69 of the insolvency act, since the bankruptcy judgment is announced, any debtor's authority to manage and control the bankruptcy property including also the collection of evidence relating to records, books, as well as bank accounts and deposits of the debtor from the bank concerned will change hands with the curator under section 105 of the insolvency act. 6. diverting bankruptcy property transfer of insolvent property is done for as long as necessary to cover all insolvency costs if incarceration may cause losses in the insolvent property despite filing and review. 7. storage of bankruptcy property debts, securities, jewellery, and other securities are required to keep, another exception where there is a determination by the supervising judge. cash is required to be deposited in a bank under section 108 of the insolvency act. the quote referred to as "kept by the curator himself" is by not minimizing the possibility of such securities or securities deposited by the bank. however, a liability remains on behalf of the insolvent debtor. explanation of section 108 of the insolvency act. 8. make atonement to ensure the running or prevent a matter from arising. 1 to close ongoing cases and avoid arising cases under section 109 of the insolvency act. the citation referred to as "peace" in this article is a case that is proceeding in court. meanwhile, the management of bankruptcy assets is subtantive, including: 1. first meeting of creditors the first meeting of creditors makes a summons to the creditor which is intended to include proof of the bill against the curator. the supervising judge determines the final limits on tax verification, filing of bills, dates, days and times and places of creditors' meetings as receivables matching. the summons may be made through a public newspaper under section 15 subsection (4) of the insolvency act. the final deadline for filing a receivables matching 1 rahayu hartini, op.cit., h.124. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 48 issn print 2086-6852 and issn online 25985892 meeting is required to have a difference within a period of at least 14 (fourteen) days as in accordance with section 113 and section 114 of the insolvency act. 2. billing claim submission limit the agreed bills are placed on a list referred to as the "list of temporarily recognized receivables", while the receivables in dispute against the curator are placed on a separate list along with the particulars. in the list of receivables is also given a description of whether the inclusion of receivables pledged by collateral, fiduciary and dependent rights, mortgages, collateral rights or privileged over other treasury or the right to withhold the relevant bill can be carried out. the results of the list of receivables that have been compiled by the curator are posted on the information board within a period of 7 (seven) days so that they can be witnessed by those who have interests or anyone who wants to see them, the laying of the list of bills will be announced by the curator to the known creditors and to attend the bill matching meeting and also to announce if the debtor has any peace plan input to the curator (article 116, article 117, article 118, and article 119 of the insolvency act). 3. meeting verification a verification meeting occurs only once in the insolvency proceedings of the subject of law. all matters related to the bill will be discussed in the verification meeting which has been investigated by the curator regarding its certainty. verifiable receivables are only those bills that are aimed at fulfilling obligations addressed to the insolvent property belonging to the debtor. the debts of the bankruptcy estate were not verified. based on article 113 of the insolvency act, within a period of no later than 14 (fourteen) days after the bankruptcy declaration decision is determined. 4. peace efforts peace efforts are held to resolve ongoing disputes and minimize the occurrence of a case (section 109 of the insolvency act). the quote referred to as "peace" in this article is an ongoing dispute in court. 5. insolvency determination insolvency may occur if the matching of receivables in the meeting cannot be offered in the peace plan, if there is peace between the parties who have been declared bankrupt, but not agreed upon by the creditors in a verification meeting and when the settlement has been completed and the creditors agreed in the verification meeting, but there is no determination by the bankruptcy judgment judge. based on article 2 paragraph (1) of the insolvency act, a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 49 issn print 2086-6852 and issn online 25985892 debtor is declared bankrupt if the debtor cannot pay one creditor on condition that the debtor concerned has two or more creditors. after the curator has dealt with the bankruptcy property and after the bankrupt debtor has been declared in the insolvency period, the curator is aware of the provisions of article 185 paragraphs (1) and (2) of the insolvency act, will carry out the settlement of the bankruptcy property, namely carrying out the sale of the bankruptcy property. whether it is a sale held at auction under section 185 subsection (1) of the insolvency act, or a sale carried out on a hand-held basis pursuant to section 185 subsection (2) of the insolvency act. then after the curator has made the settlement of the bankruptcy property, it is aware of the provisions of section 188 of the insolvency act: "where the supervising judge submits that there is sufficient cash, the curator obtains an order to make a distribution to the creditors whose receivables have been matched". under section 189 of the insolvency act, the creation of an analysis table contains the amount of money to be received and to be issued, including the presence of curatorial rewards, the names of creditors and the number of bills that have been passed, repayments to be made against receivables or the share that must be given to creditors made by the curator. payments to creditors based on the provisions of article 189 paragraph (4) of the insolvency act are: a. have rights in the form of privileges, including in denied privileges; and b. a person entitled to a guarantee of dependent, fiduciary, lien, mortgage, or other collateral rights. as long as it is not paid under the provisions of section 55 of the insolvency act, it can be done from the sale of privileged goods or granted as collateral. as written in article 189 paragraph (5) of the insolvency act, that in the proceeds from the sale of objects in accordance with paragraph (4) that if it is not sufficient to pay all the receivables of creditors that are prioritized, then the shortfall would be to be a concurrent creditor. thus, where the debtor has been recognized as bankrupt by the commercial court, the payment procedure for preferred creditors is the same as that of concurrent creditors, namely submitting the bills held to the curator for verification and ratification in the verification meeting (kartini & widjaja, 2003). from the process of handling and acquiring the bankruptcy property, it appears that the position of the concurrent creditor in the process of dividing the bankruptcy property is at the bottom, in principle it can be but if the creditors are many while the assets are few, potentially not getting the share or even if it can be processed very small. so that the position of creditors holding individual guarantees who are concurrent creditors is weak in the process of managing and dividing bankruptcy assets. based on the insolvency law article 1 paragraph (2) that a creditor is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 50 issn print 2086-6852 and issn online 25985892 a party who has debts due to an agreement or law that applies to both parties and can collect before the court. lilik mulyadi stated that creditors are parties who have debts due to an agreement on an agreement that can be collected in advance of the court, where creditors can be individuals or legal entities (mulyadi, 2010). creditors have claims against other parties, namely, debtors who have debts that have been agreed in advance to creditors and debtors when creditors provide credit or lend to debtors. debt is a commitment in the form of an asset obligation that is obliged to be paid by each debtor and if it is not implemented then the creditors have the right to demand all the assets of the debtor (mulyadi & sh, 2010). the existence of a credit agreement is a debtor's consensuil agreement with creditors which gives birth to a receivables relationship and the debtor has the obligation to repay the loan that has been given by the creditor as in book iii of the criminal code. the contract in the credit agreement itself is an agreement in the form of a loan and loan between the creditor and the debtor who is obliged to pay it off within a certain period of time. therefore, an agreement can be agreed and signed if the credit has met the legal conditions according to the applicable rules, then the agreement will be binding on the parties. in an agreement, it has valid conditions in accordance with article 1320 of the criminal code specifying that an agreement can be said to be valid when it meets the subjective element and the objective element. violation of a subjective element means that, in an agreement, it can be annulled when suing in the district court. whereas violation of an element of obejktif means, in an agreement it will be null and void by itself and the agreement has no binding legal force. the litigation of a lawsuit in civil law is the same as a lawsuit in bankruptcy (sihotang et al., 2020). so that insolvency comes from a civil law relationship between creditors and debtors, even though it has been specifically regulated in the insolvency law. basically, not all pledged goods are allowed to be used as collateral at banking institutions or non-bank financial institutions. however, objects that can be used as collateral are objects that have met certain requirements. if the pledged goods are void due to legal reasons or are destroyed, then the credit agreement can be used as a non-void principal agreement and the debtor is obliged to repay the debt owned. an individual guarantee is a guarantee that occurs because of a legal relationship that causes having an obligation to make payments to one of the parties. based on article 1821 of the criminal code which explains that insurers cannot be carried out if the agreement is invalid. therefore, an individual guarantee can be said to exist if it has been carried out in a valid agreement. the existence of an individual guarantee agreement between the guarantor and creditors. an individual agreement is a relative right or can be called a special retained right of a person who is bound by the agreement (uitto et al., n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 51 issn print 2086-6852 and issn online 25985892 individual guarantees have their own characteristics, namely agreements that have an accesoir nature where the agreement to participate in the principal agreement is the agreement of one of the parties that is burdened by obligations, such as in making debt payments in the credit agreement. in an agreement will give birth to rights to individual guarantee agreements that have a contractual nature instead of treasury rights. as well as in article 1131 of the criminal code, it is explained that the existence of the guarantor's property will be within the responsibility of the guarantor and has rights and obligations in the event of a default committed by the debtor to the creditor in accordance with the principal contract. in the event of a default, then the obligation to be collected or sued to the court is first the debtor . the role of an individual guarantor arises only when the debtor fails to properly execute the principal agreement that has been concluded. the position of an individual guarantor who has a substitute nature should be fulfilled by the main debtor. if the debtor is unable to pay part or all of the debt, so that there is a person who can guarantee and repay the debt repayment of the debtor's debt is carried out in part or in full depending on the amount of debt that has not been paid by the main debtor. therefore, the guarantee of the company is subsidaire in the nature of the guarantor who is present when the debtor defaults (satria, 2021). the release of privileges with the guarantor then, in accordance with article 1832 of the penal code, collection can be directly made by the creditor to the guarantor if the debtor defaults. however, if the creditor collects on the individual guarantor, the individual guarantor can sue the creditor to confiscate and sell the property and property owned by the debtor first and is required to show the property of the debtor's property to the creditor. the guarantor is obliged to show the creditor the property belonging to the debtor in accordance with article 1834 of the criminal code and is obliged to make payments in advance regarding the costs required for the confiscation and sale of the property belonging to the debtor. the guarantor is not allowed to show the goods that are in dispute before the court or the goods have become the responsibility of the mortgage related to the debt in question and are no longer in the hands of the debtor or the goods are outside the territory of indonesia. zainal asikin explained that the result of a bankruptcy decision has its main factor, namely, the determination of a bankruptcy judgment in which the debtor will lose the right to do all management and control of his property, because the property will turn to the curator or the heritage property hall (aprita, 2022). under section 24 of the insolvency act. if the debtor has been decided to become a bankrupt debtor by the commercial court, it will get the consequence that the entire property of the bankrupt debtor is no longer a right in the management and management of the debtor. meanwhile, for creditors who experience uncertainty related to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 52 issn print 2086-6852 and issn online 25985892 existing legal relationship between the bankrupt debtor and the creditor, they can apply for legal protection for the application for a bankruptcy statement to the commercial court (aprita et al., 2019). a guarantor responsibility is born when the debtor has broken a promise. the guarantor is obliged to pay off the debtor's debts in accordance with the individual guarantee agreement. the guarantor will waive his rights, then the position between the debtor and the guarantor becomes the same if the main debtor breaks the promise and can occur if the guarantor does not have his rights as a guarantor. therefore, after the guarantor waives his privileges, then the position of the right and the obligations of the guarantor are the same as those of the debtor thereafter the creditor may file a tort suit in the district court. the first step must be taken by prospective plaintiffs, namely by filing a civil lawsuit by registering a lawsuit with the court. under article 118 subsection (1) of the hir registration of a suit may be filed with the district court on the basis of its relative competence. the jurisdiction in question is that it can determine which district court has the authority to try civil cases that have been filed. in a manner consistent with the domicile of the defendant or the legal domicile that has been established in an agreement. the existence of a lawsuit should be filed in writing, then signed with the plaintiff or his attorney and addressed to the chief justice of the district court. the second step is to make payment of the cost of the case. furthermore, registering a lawsuit received by the local district court clerk's office, the plaintiff is required to make payment of temporary and final case costs which will be taken into account after the court's decision. after a court decision is issued, generally the party who has been declared defeated (between the plaintiff and the defendant) is the party who will be obliged to bear the costs of the case. the costs of the case in question are included in the costs incurred by the court. during the examination process, namely, there are clerkship fees, stamped, calling witnesses, conducting local examinations, giving notice, executing, and other costs necessary in the examination process and trial. if the amount of the costs of the court is lower, then the plaintiff must add it, if the amount is high, then the rest is obliged to return to the plaintiff. with the exception of the plaintiff and/or defendant who is unable to pay the costs of the case, therefore in the civil procedure code it is permissible to dispute without any fees (prodeo/free of charge). in dispute without charge, the plaintiff is allowed to apply for a permit to dispute without charge by attaching it in a lawsuit letter or a separate letter. in addition, plaintiff and defendant may also file it themselves. this requirement can also be accompanied by a certificate of inability to work issued by the sub-district head or village head with a domicile according to the phak that has been submitted. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 53 issn print 2086-6852 and issn online 25985892 the third step is to register a case, by registering the case in the case register in order to obtain a lawsuit number for further processing immediately which is done after paying the cost of the case. the fourth step is the submission of the case documents to the chief justice of the district court, then after obtaining the case number according to the sequence number in the case register book, the case is transferred to the chief justice of the district court. the transfer must be done quickly so as not to violate the principles of simple, fast, and low-cost file processing, with a maximum of 7 (seven) days from the date of registration. the fifth step is the determination of the panel of judges by the chairman of the district court, then after examining the file that has been submitted to the chief justice of the district court will appoint a panel of judges who will later consider and issue a judgment on the case no later than 7 (seven) days from the date of filing the case. the panel of judges consists of at least 3 (three) judges, including the chief judge and 2 (two) member judges. the sixth step is to set the date of the trial, then the panel of judges will conduct an examination and try the case and set the time for the hearing. the determination is announced in the determination letter no later than 7 (seven) days after the panel of judges has received the case file. thereafter the panel of judges shall make summonses against the parties (plaintiff and defendant) who will attend on the appointed day of the hearing. after that the trial begins according to the rules in the applicable code of civil procedure. thus, from the above analysis, it can be obtained that against debtors who are declared bankrupt, while the insurer is not declared bankrupt, the entire insurer's property does not include bankruptcy property. so the creditor has the right to file a tort suit in accordance with article 1243 of the penal code to the insurer, if in the process of resolving the debtor's bankruptcy debt, the debtor does not meet the creditor's debt. an individual guarantor is a third party positioned solely as an addition to giving creditors confidence to fulfill a credit application. regarding insolvency, guarantors are allowed to be insolved. if the guarantor is unable to fulfill the achievements in an individual guarantee agreement with the creditors. the guarantor may be sued for the obligations held if the debtor defaults. the guarantor is also a debtor who has an obligation to guarantee payments made by the main debtor. as it is explained that claims for obligations that the guarantor has had can be made when the debtor has been deemed to be in default. if the guarantor has waived his privileges but the privileges are still attached to the guarantor, then the guarantor may sue the creditor to conduct the confiscation and auction of the debtor's property first. in addition, the guarantor is also allowed to take advantage of other rights he has as long as it is possible. the guarantor may be requested as a bankruptcy petitioner who may be sued to the principal debtor or individually. guarantor is a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 54 issn print 2086-6852 and issn online 25985892 person or legal entity that requires credit facilities by providing collateral goods to the recipient of the collateral goods. individual guarantees are subsidairy. the role of an individual guarantor is born when the debtor defaults. default is the condition of a debtor who cannot fulfill his promises or does not fulfill as per the agreement that has been agreed and all can be blamed on the debtor. a form of default that can be a late debtor achieves. the elements of default are not doing according to what has been agreed to be done, doing something that has been agreed but not in accordance with the specified time, or doing something that in the agreement should not be done. achievement can be defined as the fulfillment of the implementation of obligations born with the existence of a relationship in the agreement. an obligation in question is a contractual obligation, which can be obtained in a rule, contract, or agreement that has been agreed upon by the parties regarding the suitability and capacity possessed by the parties (khairandy, 2013). achievement is the object of the existence of a treaty. in the absence of achievement a legal relationship can be carried out on the basis of legal actions that have no meaning whatsoever in the engagement. under article 1234 of the penal code, the promised achievement is by giving up something, doing something, or not doing something at all. the debtor has an obligation to submit achievements to creditors. thus a debtor is obliged to pay off the debt and the debtor has an obligation in terms of giving the property that the creditor has taken as much as the debtor's debt. in the case of repayment of the debt, if the debtor cannot fulfill the obligation in making the payment of the debt. a party who has been harmed as a result of default on an agreement can essentially terminate an agreement in question. however, if the termination of the agreement is carried out with the intention that the aggrieved party gets back the achievements that have been given to the party who committed the default. the party who is harmed by default is obliged to compensate for losses, especially the party who has been harmed has the obligation to return the benefits of achievements that have been done by the party who has committed acts in the form of default. creditors get legal protection which is grouped into 2 (two) forms, namely, the first is legal protection by preventive means where in general it has been explained that in such protection seeks to protect creditors before the occurrence of events or actions taken by debtors to realize their achievements. legal protection preventively arises when the creditor of the dependent rights holder has been born to the object of dependent rights that has been pledged by the debtor who gives the dependent rights. the second form of legal protection is legal protection in a repressive way which only arises if the mortgage-giving debtor fails to pay the debt or breaks his promise because he http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 55 issn print 2086-6852 and issn online 25985892 does not perform his performance according to the credit agreement that has been promised. basically the subjects in the agreement consist of the creditor and debtor parties. the creditors have the right to the fulfillment of achievements, while the debtors have obligations by fulfilling the demands of merit on the creditors. the party who is entitled to the performance of the creditor, of course, the other party has an obligation to fulfill the debtor's achievements, if the achievements are not fulfilled, then the debtor must be declared in default in order to fulfill the achievements. thus, creditors can apply for fulfilment of achievements either by asking the court or executing the collateral provided by the debtor because of the insolvency of the executory title under section 55 subsection (1) of the insolvency act. sudikno mertokusumo argues that the ease with which creditors can get repayment of their billing rights is due to the accommodating of the execution parate institution by law with the title of executor (isnawati & maolana, 2023). hoogerechtschof van nederlands indie (hgh) states as a right to take repayment without a court ruling, so it seems as if in terms of execution it is always ready in the hands of creditors. looking at the opinions of the experts above, it appears that the executory title provides a position to protect the creditor from having a better position in repaying his collection rights and in the special collateral rights he has, as if the debtor set aside all or part of the property owned for the repayment of his debt in the event of a future default. so that any deviation from the implementation in the agreement of all the terms that have been mutually agreed upon will result in legal consequences that can be referred to as legal liability. the legal consequence that occurs between the debtor and the insurer is the emergence of the right and obligation to inform the debtor that, the insurer has made payment of the debtor's debt and made details of the entire amount of the debt paid. providing this information is intended to avoid the possibility that the debtor has made a payment or the debtor is demanding the cancellation of the debt agreement. if the debtor has made payment of his debt to the creditor or canceled the debt agreement without the insurer's knowledge, it is legal that the insurer cannot demand repayment to the debtor. from the described description, it can be concluded that in principle the concept of default is a deviation of the parties to an agreement with non-coercive conditions compared to the agreement that has been agreed in the main agreement. where it can result in losses to creditors in an agreement. there can be a default if the implementation process after the agreement is validly agreed upon. an agreement is a legal fact and a legal act that gives rise to a legal relationship. creditors can execute collateral objects directly without having to apply for confiscation and execution to the court, because after the collateral objects are registered with the collateral http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 56 issn print 2086-6852 and issn online 25985892 institution, the certificate is issued as collateral that has executory power or what is often referred to as execution bares 4. conclusion based on the discussion above, a conclusion can be drawn where the rights of creditors holding individual guarantees in the norms of law number 37 of 2004 concerning insolvency if the debtor and insurer are declared bankrupt, then the position of the creditor of the individual guarantee holder is a concurrent creditor and all the insurer's assets as bankruptcy assets. so the curator will divide and tidy up the insurer's property in accordance with the insolvency act, if there is a treasury guarantee, it is given first. the right of creditors to individual guarantees if the debtor is bankrupt, while the individual guarantor is not declared bankrupt, then the entire assets of the individual guarantor do not include bankruptcy assets. so creditors have the right to file a lawsuit in the form of default to individual guarantors in accordance with the provisions of article 1243 of the criminal code, if in the process of settling bankruptcy assets the debtor is insufficient to settle the debt against the creditor. references aprita, s. 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(2020). execution of the deed of recognition of mortgage rights in the mataram district court. international journal of multicultural and multireligious understanding, 7(5), 88–96. uitto, j. i., biswas, a. k., abu-zeid, m. a., braga, b. p. f., daley, r., seckler, d., serageldin, i., shady, a. m., takahasi, y., & tundisi, j. g. (n.d.). water management in islam. wijayati, a. (2019). verdicts on bankruptcy cases: study case on judges' legal behavior. jl pol'y & globalization, 81, 82. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 legal protection of employees of pt askes which was transfered by legal relationship becoming health bpjs employees muhammad habibi master of notary airlangga university email : habibirz93@gmail.com abstract the background of this research is the existence of a legal vacuum due to not regulating the transfer of legal relations of employees. pt askes (persero) becomes an employee of bpjs kesehatan (a public legal entity) in law number 24 of 2011 concerning the social security organizing body and its implementing regulations and the absence of provisions. which regulates public legal entities. this study uses normative juridical research with the method of legislation approach and grammatical interpretation techniques and systematic interpretation to analyze primary, secondary and tertiary legal materials. the results showed that the legal relationship born after the employees of pt askes became employees of bpjs kesehatan was an employment relationship according to law number 13 of 2003 concerning manpower so that its legal protection other than through work agreements and directors' regulations was also through law number 13 of 2003 concerning manpower law number 24 of 2011 concerning the social security organizing body. keywords: employees, legal relationships, pt askes, bpjs health 1. introduction the aim of the establishment of the indonesian government in the preamble to the fourth paragraph of the constitution of the republic of indonesia in 1945, among others, is to protect the entire indonesian nation and the entire indonesian bloodshed and to promote the general welfare as stated in the 1945 constitution of the republic of indonesia (hereinafter referred to as the 1945 constitution of the republic of indonesia nri) gives a mandate to the state to develop a national social security system which is then implemented by law number 40 of 2004 concerning the national social security system (hereinafter referred to as with the sjsn law). the aim is to provide social security so that the basic needs of a decent life for all indonesians can be fulfilled through health insurance programs, work accident insurance, pension benefits, pension and life insurance guarantees, each of which is organized by the social security organizing body. based on article 5 paragraph (3) of the sjns law, it is stated that the social insurance organizer is pt jamsostek, pt taspen, pt asabri, and pt askes. then article 52 paragraph (2) of the sjsn law mandates for the adjustment of the social insurance provider body by giving an estimated time of its execution no later than 5 (five) years since the sjsn law is enacted. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 based on the mandate of the sjsn law and based on the court's decision on the case number 007 / puuiii / 2005 dated 31 august 2005 stating that article 5 paragraph (2), (3) and (4) of law number 40 year 2004 regarding social security system national is declared contradictory to the 1945 constitution of the republic of indonesia and has no binding legal force. since august 31, 2005, the four above mentioned social insurance providers remain valid as long as they are not in accordance with law number 40 year 2004 regarding the national social security system. then the government and the house of representatives enact an implementing regulation at the level of act no. 24 of 2011 on the social security administering board (hereinafter referred to as the bpjs law). with the enactment of uu bpjs, the four institutions of social security program organizer transformed or changed into social security administering board hereinafter abbreviated as bjps. the change of the providers of social security programs, one of which is pt askes which is a state-owned business entity, hereinafter abbreviated as bumn in the form of a state-owned company, becomes bpjs kesehatan, public legal entities, resulting in changes in the nature, organs and principles of management, structure and culture, and resulted in the transfer of participants, assets and liabilities, rights and obligations, including pt askes employees who were transferred to bpjs employees. the transfer of pt askes employees to bpjs kesehatan employees in the bpjs law only ordered the transfer of employees and did not regulate the transfer of employees and the legal relationship of pt askes employees who were transferred to bpjs health employees. with the transfer of the employees of pt askes to become employees of bpjs health, the status of the workers changed as state-owned employees to become employees of public legal entities. bumn employees are subject to law number 19 of 2003 concerning state owned enterprises and law number 13 of 2003 concerning manpower. whereas for employee of bpjs kesehatan who is employee of public legal entities there is no provision regarding public legal entities that regulate employee legal relations. with the status of employee of public legal entities, the existence of law number 5 of 2014 regarding the state civil apparatus (hereinafter referred to as the asn law) creates a dilemma for employees of bpjs kesehatan to submit to or not to the law, given the bpjs kesehatan has the same function to organize public or public services. there is a legal vacuum regarding the legal relationship of pt askes employees who were transferred to bpjs employees and the unclear transfer process in the bpjs regulation because it does not explicitly change pt askes to become bpjs health or revocation of laws and regulations related to the formation of pt askes and the absence of legislation regulating the public legal entity will affect the legal relationship between workers and employers, and also affect yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 the rights and obligations of workers in this case are employees of pt askes who were transferred to bpjs health employees and companies namely pt askes which was transferred to bpjs health. this is the reason and attracts the curiosity of researchers to conduct further research on legal protection of pt askes employees who are transferred by legal relations to employees of bpjs health. 2. formulation of the problem based on the background of the above problems, the following problems can be formulated: first, how is the legal relationship of pt askes employees transferred by legal relations to employees of bpjs health? second, how is the legal protection of pt askes employees who have been transferred by legal relations to bpjs health employees? 3. discussion this study uses a type of normative juridical research with a method of approach to legislation in reviewing primary legal materials, namely legislation, secondary legal materials, namely books, journals, theses and tertiary legal materials. the whole is obtained through literature studies and internet access which are then analyzed using grammatical and systematic interpretations. 3.1. transfer of legal relations of pt askes employees become employees of bpjs health 3.1.1. establishment of bpjs kesehatan article 52 paragraph (1) sub-paragraph d of the sjsn law mandates to establish a social security administering body through the law within 5 (five) years ended on october 19, 2009. as long as it has not been established and adjusted, pt askes remains as the organizer of social security. then on august 31, 2005, the constitutional court based on its decision on the case number 007 / puu-iii / 2005 states article 5 paragraph (2), paragraph (3) and paragraph (4) of the sjsn law is contradictory to the 1945 constitution of the republic of indonesia. as a result, the legal status of the four persero, one of which is pt askes is in the transition period and there must be an agency or institution that is formed and re-established as the organizing body of social security with a law. on october 28, 2011 the indonesian house of representatives and the government agreed to pass law number 24 of 2011 concerning the social security administering body as the basis for yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 the establishment of a social security guarantee agency, hereinafter referred to as bpjs as a follow up to the mandate of the sjsn law. on january 1, 2014 pt askes was dissolved simultaneously with the operation of bpjs health organizing a national health insurance program. based on article 60 paragraph (3) letter a and article 67 of the bpjs law that pt askes is declared disbanded without liquidation and not stipulated by government regulation as well as the dissolution of the company as regulated in article 142 paragraph (2) letter a of law number 40 of 2007 concerning limited liability companies (hereinafter referred to as the pt law and article 64 paragraph (1) of law number 19 of 2003 concerning state-owned enterprises (hereinafter referred to as the bumn act). the bpjs law does not explicitly regulate the changes of pt askes to bpjs health, nor the revocation of laws and regulations related to the formation of pt askes. the act only states the dissolution of pt askes to become bpjs kesehatan since the operation of bpjs health on january 1, 2014 and only said all employees of pt askes became employees of bpjs health. since then, all of pt askes's assets in the form of assets and liabilities and liabilities as well as legal rights and obligations have been transferred to bpjs health including all employees of pt askes as bpjs health employees as stated in article 60 paragraph (3) letter b of the bpjs law. 3.2. legal relations between pt askes employees and pt askes transferred legal relations to be between bpjs health employees and bpjs health. the change of pt askes into bpjs kesehatan based on bpjs law, one of which caused pt askes employees to be transferred to bpjs kesehatan employees according to article 58 of the bpjs law which is instructed pt askes's board of commissioners and directors to prepare staff transfers. the purpose of this article is the transfer of the legal relationship of pt askes employees because pt askes employees are legal subjects of people who can assume rights and obligations not as transferable items. so what is transferred is the legal relationship that contains the rights and obligations of the parties. with the transfer of the legal relationship, based on article 60 paragraph 3 letter b of the bpjs law, it was said that when bpjs health began operating all employees of pt askes became employees of bpjs health. this creates a new legal relationship that is not regulated by legal relationship or the transfer of legal relationship within the bpjs act. to find out what legal relationship was formed, first explained the legal relationship between pt askes employees and pt askes which was formed at the time bpjs health had not operated. the legal relationship between employees of pt askes and pt askes is an employment relationship according to the manpower act. employment relations according to article 1 number 15 of the manpower act, the relationship between employers and workers / laborers based on a work agreement, which has elements of yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 work, wages and orders. the working relationship between the employees of pt askes and pt askes containing the three measures was due to work that was agreed to be given to pt askes employees in order to carry out a health insurance program, the monthly wages provided by pt askes and bonuses to bpjs health employees, as well as orders from pt askes to pt askes employees in carrying out the work. in addition to the elements of the work relationship, in the article it can be known also the things that are attached to the working relationship, namely: first, the subject to support the employment relationship is the entrepreneur and worker / laborer. the legal subject who is an entrepreneur is pt askes. is a legal entity that runs a company in the form of a company as stated in article 5 paragraph (3) letter d of the sjsn law, pt askes is a legal entity that is a stateowned enterprise, hereinafter referred to as bumn, in the form of persero. bumn is a business entity that all or most of its capital is owned by the state through direct participation derived from the separated state assets. and those who are based as workers are employees of pt askes because pt askes employees are people who meet certain conditions who work for pt askes to receive monthly wages or rewards. then the second, the thing that is attached to the work relationship is a work agreement (roesli, syafi’i, and amalia 2018). because only a work agreement can give birth to a legal relationship called an employment relationship. legal subjects who can make work agreements not only between workers / laborers and employers but also between workers / laborers and employers. under the employment act the employer as a legal subject in the employment agreement covers something wider than the employer. because employers are included in the employer. that means employers are always employers, but employers are not necessarily entrepreneurs. but only work agreements are made between workers and employers that can give birth to employment relationships. based on the explanation above, the legal relationship between pt askes employees and pt askes is a work relationship because based on the work agreement agreed upon by pt askes employees as workers and pt askes as entrepreneurs. during the employment relationship the manpower act provides balanced protection between pt askes employees as workers and pt askes as employers who are employers. included in the event of the dynamics of working relationships due to the transformation of pt askes into bpjs health. when pt askes was declared dissolved, bpjs health started operating in accordance with article 60 paragraph (3) sub-paragraph a of the bpjs law and all employees of pt askes became employees of bpjs kesehatan. the transformation of the original parties of pt askes into bpjs health and employees of pt askes become employees bpjs kesehatan, will certainly affect the legal relationship between employees bpjs kesehatan and bpjs health.to find out yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 what legal relationship was born between pt askes employees who changed into bpjs kesehatan employees and pt askes who turned into bpjs kesehatan. the researcher will first explain the position of the parties. according to the researchers, even though the parties changed due to the transformation of pt askes into bpjs health, the position of the parties remained the same, namely the workers and employers. pt askes employees who change to become employees of bpjs health are permanently based as workers and bpjs health as entrepreneurs. understanding bpjs health employees contained in the general guidelines of good governance bpjs kesehatan states that "employees are people who have met the specified requirements, appointed by bpjs health officials authorized as employees to do work with receive wages or benefits from bpjs health. ". based on that, then bpjs kesehatan employees can be considered as worker’s worker according to the manpower law because doing a job or work to bpjs health and get wages or rewards in other forms of work called income earned every month. furthermore, the position of bpjs kesehatan, according to article 1 number 5 letter a of the manpower law referred to by employers, one of which is an individual, partnership, or legal entity that runs a company of its own and in article 1 number 6 sub-article b of the manpower act, it is mentioned that the definition of a company is "social enterprises and other businesses that have management and hire others by paying wages or other forms of remuneration." bpjs health can be categorized as an entrepreneur based on the above article because bpjs is a legal entity that runs a company which is its own social business that is carrying out social security and have management and hire workers by paying wages or compensation in other form. based on article 20 of the bpjs law, bpjs health has an administrator called bpjs kesehatan organ consisting of supervisory board and board of directors. each organ has the functions, duties and authority in organizing a health insurance program. in addition to the views of the status of the parties, also seen from the legal relationship that was born before pt askes changed into bpjs kesehatan is a working relationship based on the employment agreement between employees of pt askes and pt askes. under article 55 of the manpower act, as long as the parties to the agreement agree or agree the work agreement may be amended without having the agreement null and void and replaced by the new agreement. the amendment of such work agreement must be made before pt askes is dissolved at the time of preparing the operation of bpjs health. with the work agreement is one form of follow-up of the provisions of article 58 letter b of the bpjs law which ordered to prepare the transfer of employees. so that required work agreement as a form of transfer of legal relationship between employee of pt askes with pt askes and base of birth legal relationship between bpjs health officer and bpjs health. the amendment of the employment agreement shall remain in compliance with the terms of the yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 employment agreement even though the employment agreement complies with the terms of the terms of the terms of the terms of the conditions set forth in article 52 paragraph (1) of the manpower law and the formal conditions set forth in article 54 paragraph (1) law number 13 of 2003 concerning manpower. the terms and conditions set forth in the employment agreement, to the extent not being altered, remain valid and binding on the parties, namely bpjs health officer and bpjs kesehatan. with the fulfillment of the elements of work, wages, and orders and the fulfillment of formal and material requirements in the employment agreement, the legal relationship between bpjs health employees as workers and bpjs health as entrepreneurs is a working relationship according to the manpower act. given the employment relationship has a dimension of private law and public law. the change of the parties in the original working relationship between the employees of pt askes and pt askes become employees of bpjs health with bpjs health in addition to through private law that is the amendment of work agreement or amendment of work agreement based on manpower law also through public law, its purpose to provide certainty, protection and guarantee the rights of the parties, especially the employees of pt askes become employees of bpjs health which is located as worker. from the public dimension, according to what the researcher explained earlier above that in the bpjs law only ordered to prepare the transfer of pt askes employees and stated that all pt askes employees were bpjs health employees. however, the law is not regulated regarding the transfer of legal relations which is a working relationship and the procedure for transferring legal relations of pt askes employees to bpjs health employees. in order to avoid a legal vacuum and to provide certainty and legal protection for the rights of employees of pt askes, the legal relationship has been transferred to become employees of bpjs kesehatan, through article 24 paragraph (3) of the bpjs law, it is stated that the board of directors is authorized to establish a staffing system and administer bpjs personnel management including the appointment, transfer, and dismissal of bpjs employees as well as determining the income of bpjs employees, whose procedures are regulated through the directors' regulations. so with the directors' regulation, it is specifically and comprehensively regulates about the transfer of legal relations and employment relationships between pt askes employee employees and pt askes, whose legal relationship is transferred to between bpjs kesehatan employees and bpjs kesehatan. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 3.3. legal protection for pt askes employees transferred legal relations become employees of bpjs kesehatan legal protection for workers / laborers used is protection of workers' rights by using legal means. considering the legal relationship is the employment relationship and the position of bpjs kesehatan employees as workers and bpjs kesehatan as entrepreneurs, bpjs kesehatan employees are certainly subject to the manpower law as a means of protection of workers' basic rights. especially the most basic labor rights provided by the manpower act include: a. protection of wages in addition to article 88-98 of the manpower act, the government issued a regulation that specifically regulates wages, namely the government number 78 of 2015 concerning wages. bpjs kesehatan may provide more wages and no less than the provisions that have been regulated and in effect. b. protection of working time working time based on the provisions of article 77 paragraph (2) of the manpower act 7 (seven) hours 1 (one) day and 40 (forty) hours 1 (one) week for 6 (six) working days in 1 (one) week or 8 (eight) hours 1 (one) day and 40 (forty) hours 1 (one) week for 5 (five) working days in 1 (one) week. if bpjs kesehatan employees work more than work time or on weekly rest days and or on official holidays set by the government, it is said to be a working time of melting and bpjs kesehatan is obliged to pay wages of overtime work to employees. provisions regarding work time are regulated more specifically in article 1 number 1 of the decree of the minister of manpower and transmigration number 102 of 2004 concerning overtime and overtime work time. c. occupational health and safety in the manpower act, the right of workers to obtain occupational safety and health protection is regulated in article 86 and article 87. the government makes government regulation number 50 of 2012 concerning the implementation of occupational safety and health management systems which aims to provide uniformity for each company in implementing a management system occupational safety and health so that the protection of occupational safety and health of workers including bpjs health employees, efficiency and productivity of bpjs health can be realized. d. social security the right of bpjs kesehatan employees to obtain social security is contained in article 99 of act number 13 of 2003 concerning manpower. social security is regulated in the sjsn law and bpjs law covering health insurance organized by bpjs own health, work accident insurance, old age insurance, pension and death insurance guarantees organized by bpjs employment. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 e. rights in employment relationships protection of rights in a working relationship between employees of pt askes who are employees of bpjs kesehatan and bpjs kesehatan based on the principle of freedom of contract that is set forth in a work agreement that is not regulated in the labor law and is contrary to the applicable laws and regulations. normatively, the prevailing laws and regulations, one of which is that the manpower law has provided adequate protection for workers, especially for pt askes employees whose legal relationship has been transferred to bpjs kesehatan employees who are also subject to the bpjs law. in order to provide certainty and legal protection against employees of pt askes who transfer their legal relationship to bpjs health employees. given that pt askes and bpjs health have different legal and character forms. so that the law of soes is no longer valid for employees of pt askes who turned into employees bpjs health. the absence of laws and regulations governing public legal entities is primarily about public legal officers and viewed from the character of bpjs health as a public legal entity. the researcher refers to law number 5 year 2014 on state civil apparatus (hereinafter referred to as asn law) because equally as public service. to find out whether or not bpjs kesehatan officer employees against asn act. it is necessary to know what is meant by the civil state apparatus (hereinafter referred to as asn). asn is a profession for civil servants and government employees with employment agreements working in government agencies. asn employees are civil servants and government employees with work agreements that are appointed by official civil servants and are assigned tasks in a government position or assigned to other countries and are paid based on legislation. based on the explanation above, it can be concluded that asn employees are employees who in government agencies and occupy a government position that is permanently appointed by official civil servants or employees who carry out governmental duties in order to organize government. furthermore, the understanding of bpjs health employees is in the general guidelines for bpjs health good governance. based on the bpjs kesehatan good governance (good governance) general guidelines, it is stated that "employees are people who have fulfilled the specified requirements, appointed by bpjs health officials who are authorized as employees to do work by receiving wages or rewards from bpjs kesehatan". if we look from the definition of employees above, according to researchers bpjs health employees are not included as asn employees. first, it’s because in accordance with article 24 paragraph (3) letter b of the bpjs law bpjs kesehatan employees are appointed by the directors of bpjs kesehatan not by official yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 civil servants according to the asn law and according to the government regulation of the republic of indonesia number 9 of 2003 concerning authority of appointment, transfer and dismissal of civil servants. second, bpjs kesehatan is not included in government agencies according to the asn law and is not a non-ministerial government institution because bpjs is not mentioned in the presidential regulation of the republic of indonesia number 145 of 2015 concerning the eighth amendment to presidential decree number 103 of 2001 concerning position, function, authority, composition , organization and work procedures of non-ministry government institutions (yustianti and roesli 2018). in addition, bpjs kesehatan cannot be regarded as a non-ministerial government institution because it has a different organizational structure and on non-ministerial government institutions there are provisions of echelon positions while bpjs does not recognize echelon positions. therefore, although bpjs belongs to institutions in the state administration system which is at the central level and runs some of the administration of government power, bpjs kesehatan is not included in government institution. since bpjs kesehatan is an autonomous public legal entity established by a ruler with a law that is responsible to predate, and has the authority established by law and can only be intervened through legislation. so from the above explanation can be seen that although employees bpjs health and employees asn has the same function as a public servant. however, bpjs kesehatan employees are not employees of asn and therefore are not subject to asn law. based on what has been explained, it can be seen that the legal tools to protect pt askes employees who transferred their legal relationship becomes bpjs health employees through private law, namely a work agreement based on the provisions of law number 13 of 2003 concerning manpower and directors' regulations made by directors on the authority granted by law number 24 year 2011 regarding the social security administering agency. then, through public law, namely the law in the field of manpower and law no. 24 of 2011 concerning the agency for organizing social security. 4. conclusion it can be concluded that based on the position of the parties who remain as workers and employers, the legal relationship between employees of pt askes and pt askes that has been transferred into legal relations between bpjs health employees and bpjs kesehatan is an employment relationship born of a work agreement. given the legal relationship that is formed from the employment relationship according to the manpower act. legal protection for employees of pt askes other than through work agreements and regulations of bpjs health directors, also through the manpower act along with implementing regulations in the field of manpower and the bpjs law. the asn law cannot be yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 used as a means of legal protection because bpjs kesehatan employees do not include asn employees. based on the results of the discussion that has been explained and concluded, the following suggestions from researchers are submitted to several related parties, namely: the indonesian government, in particular the legislators are expected to formulate a legal prodeuct on public legal entities for legal protection facilities for employees of bpjs kesehatan who are employees of public legal entities. the board of directors as the executor of the operation of bpjs operational activities is expected to be able to propose to the government to make a legal product on public legal entities that regulates the legal relations of employees of public legal entities. and based on the authority possessed to make work agreements and director’s regulations that better regulate the rights of pt askes employees, the legal relationship is transferred to become bpjs health employees. references abdul rachmad boediono, hukum perburuhan, pt indeks, jakarta, 2011. asih eka putri, a. dan a. oka mahendra, transisi badan hukum 4 bumn perseromenjadi bpjs, pt. martabat prima konsultindo, tangerang selatan, 2011. asih eka putri, paham sjsn sistem jaminan sosial nasional seri buku saku 1, friedrich-ebertstiftung kantor perwakilan indonesia, jakarta, 2014. bpjs kesehatan, pedoman umum tata kelola yang baik (good governance) bpjs kesehatan, jakarta, 2014, hlm 3. keputusan menteri tenaga kerja dan transmigrasi republik indonesia nomor 102 tahun 2004 tentang waktu kerja lembur dan upah lembur paham bpjs badan penyelenggara jaminan sosial seri buku saku 2, friedrich-ebert-stiftung kantor perwakilan indonesia, jakarta, 2014. peraturan direksi bpjs kesehatan nomor 15 tahun 2014 tentang struktur organisasi bpjs kesehatan peraturan pemerintah republik indonesia nomor 9 tahun 2003 tentang wewenang pengangkatan, pemindahan, dan pemberhentian pegawai negeri sipil. peraturan pemerintah republik indonesia nomor 50 tahun 2012 tentang penerapan sistem manajemen keselamatan dan kesehatan kerja peraturan pemerintah republik indonesia nomor 78 tahun 2015 tentang pengupahan yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 peraturan presiden republik indonesia nomor 145 tahun 2015, tentang perubahan kedelapan atas keputusan presiden nomor 103 tahun 2001 tentang kedudukan, fungsi, kewenangan, susuna, organisasi dan tata kerja lembaga pemerintah non kementerian undang-undang republik indonesia nomor 13 tahun 2003 tentang ketenagakerjaan undang-undang republik indonesia nomor 40 tahun 2004 tentang sistem jaminan sosial nasional. undang-undang republik indonesia nomor 24 tahun 2011 tentang badan penyelenggara jaminan sosial. undang-undang republik indonesia nomor 5 tahun 2014 tentang aparatur sipil negara. vernanda r.r, perlindungan hukum terhadap tenaga kerja outsourcing, fakultas ilmu sosial dan politik, universitas sebelas maret, surakarta, 2014. roesli, mohammad, ahmad syafi’i, and aina amalia. 2018. “kajian islam tentang partisipasi orang tua dalam pendidikan anak.” jurnal darussalam: jurnal pendidikan, komunikasi dan pemikiran hukum islam 9 (2):332–45. yustianti, surti, and mohammad roesli. 2018. “bank indonesia policy in the national banking crisis resolution.” yurisdiksi: jurnal wacana hukum dan sains 11 (1):77–90. vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 462 issn print 2086-6852 and issn online 2598-5892 law enforcement in responding to social media user's provocation that results in competitive fights randy krisna putra mandelly 1* , tanudjaja 1 , nynda fatmawati octarina 1 1 faculty of law, narotama university surabaya, indonesia * corresponding author e-mail: randymandelly@gmail.com article history: received: december 15, 2022; accepted: february 15, 2023 abstract this study aims to determine the role of law in indonesia in tackling cases with provocation types on social media. like the provocation that occurs on social media, it triggers a fight. in this study, the authors review the negative side of social media in throwing provocations which result in duels, because duels are fights in physical or verbal contact involving 2 (two) different individuals to duel to resolve problems between the two. in conducting research, the author uses a normative juridical approach using laws and regulations as study material. with reference to law no. 19 of 2016 and articles 182 – 183 of the criminal code are expected to be able to answer questions regarding problematic. the purpose of this study is to reinforce the rule of law in social media provocations which are expected not to recur, this research is a normative juridical research method that originates from written regulations in the form of statutory regulations in the positive law applicable in indonesia. as well as the authors use descriptive research, where the authors will provide studies and an overview of law enforcement in social media and implementation in the real world by measuring the policy of imposing criminal penalties against perpetrators of duel fights. keywords: fighting, provocation, onlinen, social media. 1. introduction the development of the digital world industry is growing rapidly along with the times. the progress of the modern era has changed people's behavior patterns to become more efficient and practical. not a few from various groups of people use information technology to facilitate daily mobility, such as using gadgets (mobile phones), tablets, note books, laptops, and other pc devices. through the existence of this advanced technology, it is able to produce various kinds of features that can be used by the community in getting around limited scope access. as these features are known as social media (social media) or commonly referred to as social media. today, the majority of social media use is dominated by young people. where freedom of expression is a separate excuse for teenagers to use social media as the main option. social media is not a private space but a public space for teenagers. based on observations they can spend hours using or just enjoying social media, whether it's for uploading or sharing pictures, photos, videos, just looking around, commenting on friends' accounts (prihatiningsih, 2017). this phenomenon is suspected to be a period of transition or transition because adolescents have not yet attained adult status and are no longer children. adolescence is a transitional period because at that time, a person has left childhood but he has not yet entered adulthood. teenagers who become hyperactive in social media also often post their daily activities which seem to describe their lifestyle that tries to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 463 issn print 2086-6852 and issn online 2598-5892 keep up with the times. but what they post on social media does not always reflect the true state of their social life. when teenagers post the happy side of their lives, it is not uncommon for them to actually feel lonely in their lives. humans as creative people actors are able to create various things, one of which is the virtual world interaction space (hasugian, 2018). social media in its implementation is used as a tool to support community needs. instead of being a support in meeting community needs, social media is often misused as a means of crime. this phenomenon seems to illustrate that the existence of social media can be a 2 (two) edged sword for its users which has positive and negative sides. social media has a positive side, such as bringing distant spaces closer together, making human work easier, and more efficient. meanwhile, social media can be seen as a negative thing if it is used by the wrong hands, so that it has the potential to misuse digital media with various cases such as hacking, fraud, or social media provocation. on this occasion, from a criminological point of view, criminalization can be interpreted as an act or conduct of behavioral activities that changes an individual's behavior towards an evil (disgraceful) act (sukri, 2002). the crimes in this study are not classified as white collar crimes, however, in essence, crimes in any form are strictly not justified in positive law or in the beliefs espoused. with regard to the context of duels, in the criminal code (kuhp) in chapter vi it has been regulated regarding duels. as stated in article 182 of the criminal code, it discusses criminal threats for perpetrators of sparring for 9 (nine) months. as also mentioned about individual subjects, whether ordering or participating in accepting challenges, legally they can violate and can be held accountable (matviychuk, 2017) . in connection with the description that has been presented, the researcher is interested in raising and studying criminal cases of sparring that culminate in social media with the type of provocation, so that they are expected to understand and answer questions about law enforcement using social media in real world activities. 2. research method this research is a normative juridical research method that originates from written regulations in the form of statutory regulations in the positive law applicable in indonesia. as well as the authors use descriptive research, where the authors will provide studies and an overview of law enforcement in social media and implementation in the real world by measuring the policy of imposing criminal penalties against perpetrators of duel fights. 3. results and discussion ratio legis acts of provocation that result in fights are included in the realm of criminal law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 464 issn print 2086-6852 and issn online 2598-5892 in the development of the all-round era of using digital means to communicate, humans are required to adapt to changes in the flow of globalization which focuses on the use of technology. information technology makes communication between humans and between nations increasingly easy and fast without being affected by space and time. globalization is a series of processes of change in the dynamics of the global environment as a continuation of previously existing situations or conditions marked by advances in technology and information, giving rise to a sense of interdependence, borderless confusion (scholte, 2000). with regard to the legal dimension, of course one can understand the reasons and causes that gave birth to legal actions. as is the case with ratio legis which means legal thinking according to common sense, reason, reasons that make a reason or purpose for the birth of statutory regulations. the world of law contains cybercrime, where this crime is quite unique because it uses advanced technological facilities and infrastructure and appears in today's modern era. threats that occur in cyberspace (cyber) are dominated by non-state actors (non-state actors) such as individual hackers, hacker groups, activities of hackers, non-governmental organizations (ngos), terrorism, organized crime groups (organized criminal groups). and the private sector such as internet companies and carrier security companies can also threaten the defense and sovereignty of a country (anderson, 2007) . cyber threats in this modern era cannot be denied when they occur, they can occur at any time within an undetermined period of time. the surge in the use of social media has become the trigger for a series of cyber crimes. the relationship between one network and another makes it easier for criminals to carry out their actions. then, the unequal distribution of technologies makes one stronger than the other. this weakness is exploited by those who are not responsible for committing crimes. in this study, narrowing the scope of cyber crime by focusing on the types of provocation crimes on social media. this behavior is considered to deviate from the rules and norms that apply in indonesia. however, there are still many social media or internet users who are only able to receive information without the ability to understand and process this information properly, so that there are still many people who are exposed to information that has not been validated. the phenomenon of changing times makes children learn very quickly from hate speech, it can be dangerous, if the group that conveys hate speech can make children feel stronger. children who have bottled up anger or have been bullied may gravitate towards the group. provocation itself is an act to arouse anger, acts of inciting and inciting riots, hatred and social crises. provocation is against digital ethics which includes awareness, responsibility, integrity, policy (birkerts, 2006). regarding how to fight provocation wisely, it is to inform the person concerned that the content he wrote contains provocation, contains hatred which will incite anger and not solve the problem. charged with law no. 40 of 2008 concerning racial discrimination. there are 4 (four) forms of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 465 issn print 2086-6852 and issn online 2598-5892 provocation, which include: 1. trolling 2. cyberbullying 3. flame war 4. hate speech. the purpose of cyberbullying is nothing but to give a shock effect or frighten the target of bullying and it is carried out continuously for an indefinite period of time. the word 'trolling' in english means fishing with a rope. however, the word “trolling” in the context of an act of provocation has a meaning troll refers to a person sending messages (or messages themselves) on the internet with the aim of arousing an emotional or angry response from other users. although sometimes the emotional level of each individual is different, the issue of provocation to trigger emotions is an act that is absolutely not justified. the problems that occur in acts of provocation are inseparable from the existence of mens rea, which is the inner attitude of the perpetrator based on intention, will, or encouragement to commit a crime. similar actions (provocations) carried out by perpetrators can lead to legal consequences that can be held accountable. bearing in mind that indonesia is a constitutional state, where the state upholds the rule of law in a series of upholding truth and justice, and there is no power that cannot be accounted for (pinilih, 2018). legal actions as carried out by individuals or individuals are legally obliged to be carried out with related procedural actions so that the dignity of legal supremacy is maintained. regarding provocation in the legal dimension according to hans kelsen, it has been argued that legal science is not allowed to be intervened by sociological or psychological elements (gaffar et al., 2021). on the other hand, legal ideas have also been put forward regarding basic norms or in latin it is read as grundnorm and norm hierarchy, although this has raised a lot of speculation from jurists in examining the grundnorm. this makes a jurist smart in adapting and conceptually understanding a series of new laws and regulations so as not to cause gaps and views on legal products among the public. the philosophy regarding the enactment of this law is based on the thoughts contained in the preamble which states: "that the globalization of information has placed indonesia as part of the world's information society so that it requires the establishment of regulations on information and electronic management". transactions at the national level so that information technology development can be carried out optimally, evenly and spread to all levels of society in order to educate the life of the nation as a state so that the level of progress of the nation can be easily achieved. the philosophy regarding the enactment of this law is based on the thoughts contained in the preamble which states: "that the globalization of information has placed indonesia as part of the world's information society so that it requires the establishment of regulations on information and electronic management". transactions at the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 466 issn print 2086-6852 and issn online 2598-5892 national level so that information technology development can be carried out optimally, evenly and spread to all levels of society in order to educate the life of the nation as a state so that the level of progress of the nation can be easily achieved. the philosophy regarding the enactment of this law is based on the thoughts contained in the preamble which states: "that the globalization of information has placed indonesia as part of the world's information society so that it requires the establishment of regulations on information and electronic management". transactions at the national level so that information technology development can be carried out optimally, evenly distributed and spread to all levels of society in order to educate the life of the nation as a state so that the level of progress of the nation can be easily achieved. "that the globalization of information has positioned indonesia as part of the world's information society so that it requires the establishment of regulations on information and electronic management". transactions at the national level so that information technology development can be carried out optimally, evenly distributed and spread to all levels of society in order to educate the life of the nation as a state so that the level of progress of the nation can be easily achieved. "that the globalization of information has positioned indonesia as part of the world's information society so that it requires the establishment of regulations on information and electronic management". transactions at the national level so that information technology development can be carried out optimally, evenly distributed and spread to all levels of society in order to educate the life of the nation as a state so that the level of progress of the nation can be easily achieved. with regard to calls for provocation on social media which result in acts of fighting, of course making these actions or actions fall into the realm of criminal law. as we all need to understand, the criminal provisions in positive law in indonesia contain actors who can be made suspects. the meaning of the word "suspect" has its own purpose in criminal law to avoid slander as long as the case does not yet have legal standing or a decision by the panel of judges that has been in kracht. crime or strafbaar feit in dutch has the meaning, namely a criminal act, delict, criminal act, or in a criminal case. someone can be said to have committed a crime if the act has been regulated by law, in accordance with the principle of legality which has a meaning (bassiouni, 2013), according to lamintang, that every crime in the criminal code in general, elements can be divided into 2 (two) types, namely subjective elements and objective elements. subjective elements are elements that are attached to the actor or related to the actor and include everything that is contained in his heart. as an objective element in a crime has an element that is related to a phenomenon or situation, namely the circumstances in which the perpetrator's actions must be carried out (lamintang, 1984). from a series of criminal acts in this case, of course there are elements in the criminal act, including: 1. the result of an action http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 467 issn print 2086-6852 and issn online 2598-5892 behavior and its consequences, for a criminal act it is usually necessary to have certain circumstances or conditions accompanying the act. in a sense, the perpetrator in carrying out or hastening the evil action sees the situation and conditions. 2. participation in criminal acts matters according to van hamel are divided into two groups, namely about the person who committed the act and about the outside of the perpetrator himself. an example of the first group is the matter of becoming a state official (asn) which is required for violations of office such as making hate speech on social media, posting content containing sara as contained in article 413 of the criminal code and so on. an example of the second group is article 332 (hitting, running away from women) which states that the action must be approved by the woman being hunted when her parents do not approve. 3. additional circumstances that can become a burden in the criminal case an example of a more aggravating situation is a case of persecution which resulted in mutual ridicule on social media according to article 351 paragraph 1 of the criminal code, which is punishable by a maximum imprisonment of two years and eight months. but if the action causes serious injury, the criminal threat is increased to five years and if it results in death to seven years (article 351 paragraphs 2 and 3). 4. subjective elements of criminal acts against the law for example, article 362 of the criminal code is defined as theft, taking other people's goods, with the intention of possessing said goods is against the law. the nature of the tort is not revealed from external things, but depends on the intention of the person who takes it. if the intention of the heart is good, for example the goods are taken to be given to the owner, then the act is not prohibited, because it is not theft. on the other hand, if the intention is bad, that is, the goods will become one's own property without neglecting the owner according to law, then this is prohibited and is included in the formulation of theft. the nature of the unlawful act depends on how the defendant thinks. 5. elements of criminal acts that are against the law objectively the unlawful nature of an act does not need to be reformulated as a separate element. for example, in formulating an uprising which, according to article 108, includes opposing the government with weapons, there is no need for a separate element, namely words indicating that the action is against the law. without adding more vocabulary, the action naturally does not perform (ngarawula & sukowati, 2021). cases involving two provocateurs that lead to a duel can be categorized as a criminal http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 468 issn print 2086-6852 and issn online 2598-5892 act which materially contains a substance that intersects with the alleged violation of the law. according to the expert, it is also related to similar incidents that can be categorized as criminal acts, namely a series of legal regulations that can indicate the actions that should be imposed as criminal acts and where the criminal acts should have occurred (ngarawula & sukowati, 2021). one way to deal with crime is to use criminal law with imprisonment. jerome hall gives a description of punishment, as follows: a) first, punishment is the loss of necessary things in life; b) second, forced punishment by force; c) third, punishment is given on behalf of the state, authorized; d) fourth, punishment requires rules, violations, and their determination, which are stated in decisions; e) fifth, punishments given to offenders who have committed criminal acts; f) sixth, the degree or type of punishment related to the crime, and compounded or commuted by looking at the perpetrator's personality, motives and impulses. criminal accountability of perpetrators of social media provocation which ends in fighting fights every action that humans desire must have a consequence of what they have done. given the importance of technology in the pace of economic, social and cultural development, the government has guaranteed freedom of association and assembly to express ideas, thoughts or opinions both orally and in writing, including through social media. the recognition of people's sovereignty in indonesia is contained in the 3rd paragraph of the preamble to the 1945 constitution of the republic of indonesia (hereinafter referred to as the abbreviation of the 1945 constitution of the republic of indonesia), as stated, "by the grace of allah swt, almighty and driven by the will your honor, to live as an independent nation, the indonesian nation hereby declares independence. furthermore, referring to article 1 paragraph (2) of the 1945 constitution of the republic of indonesia stipulates, "sovereignty is in the hands of the people and implemented according to the constitution". based on the provisions above, it can be underlined that in indonesia, it is the people who are the true owners of power. the power in question is that the highest power is in the hands of the people, the people give this power to representatives of the people who occupy the legislative and executive institutions to carry out the will of the people, fight for people's rights and run a government centered on people's welfare. so, people's freedom and independence are important to create people's welfare. with regard to the issue of criminal liability is a problem that cannot be separated in the science of criminal law. until now, the literature that specifically discusses criminal responsibility is still lacking. existing literature is not enough to help the public, including students, academics http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 469 issn print 2086-6852 and issn online 2598-5892 and practitioners, in understanding the concept of criminal responsibility and its development and application. according to the researcher in this, what causes social change and the development of science and technology also has an impact on the model of criminal responsibility. criminal responsibility system, amidst the lack of literature on criminal law. however, there are deficiencies that are still not systematic in the preparation of the delivery flow (lubis, 2020). this case raises not the least the issue of the essence of human rights for the perpetrators, where many make excuses related to the indonesian state apart from being a form of people's sovereignty, similar rights they get are very basic human rights, which are necessary to uphold justice and truth, promote general welfare, and enrich the life of a nation. then he proved the embodiment of article 28 of the 1945 constitution of the republic of indonesia. that is, so that the functions of these rights do not conflict with various other institutions, especially the interests of the public as the main consumers of the mass media. there is a right that has been legalized by article 28 of the 1945 constitution of the republic of indonesia which wants the press to truly become a medium of information. communication and education for the public. therefore, it can be understood that the orientation of the right to express opinions is usually aimed at matters that are critical (social control). the meaning of social control must be interpreted constructively so that it does not lose its essence as food which contains the public interest. researchers in this scientific paper reveal that the meaning of the word "freedom of opinion, or expressing opinions in public" does not mean that every individual can clearly act freely freely, of course there are limitations in the scope of freedom of expression as a form of freedom of expression. the limitations on the sentence "freedom of opinion in public" certainly create new speculations regarding its literal meaning, what is clear is that the researcher reveals that the limitations referred to are freedom of opinion which may not touch or contain elements of sara. in its implementation, the state together with citizens uphold the supremacy of the constitution which is the implementation of democracy because the constitution is the highest form of social agreement (hendrianto, 2016). instead of making social media a means of entertainment and information, social media can become a boomerang if its users misuse it in inappropriate ways, which literally means that social media pioneered by the press makes it possible to convey various news and information so that it strengthens and supports the community to play an active role. in the realization of digital democracy in indonesia. in general, the responsibility of provocateurs is included in the realm of cyber crime, which is the substance of the criminal law itself. there are various types of cyberspace that need attention, including: a) individual convenience (privacy) b) common criminal acts that use it as a tool http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 470 issn print 2086-6852 and issn online 2598-5892 c) procedural issues such as jurisdiction, evidentiary, investigation etc d) electronic contracts/transactions and digital signatures e) pornography f) theft via the internet g) consumer protection h) use of the internet in daily activities. even though the development of technology is marked by inappropriate actions, it is not easy to simply judge that technology is not suitable for use in any aspect. the connection to the provocation that resulted in a duel can be seen in his personal assessment. sutherland in this theory argues that criminal behavior is behavior that is learned in a social environment. evil behavior can be learned through interaction and communication, what is learned in the group is the techniques for committing crimes and the reasons (values, motives, rationalizations, and behaviors) that support these evil deeds. apart from criminal responsibility prior to sentencing, researchers conducted research on indicators that lead to crime, namely the phenomenon of social control which focuses on techniques and strategies in regulating human behavior that lead to adjustment or compliance with societal rules. it is also said that a person follows the law in response to certain controlling forces in his life. a person becomes a criminal when the controlling power is weak or missing. in general, societies that experience changes as a result of technological advances give rise to many social problems. this happened because the condition of the community itself was not ready to accept changes or it could also be because of changes in community values in assessing old conditions as conditions that were no longer acceptable (mansyur & dikdik, 2005). provocation through social media is a form of hate speech because the message conveyed aims to incite the public to create feelings of hatred or hostility towards certain individuals and/or groups based on ethnicity, religion, race and between groups (sara). this phenomenon then emerged with the number of perpetrators of a series of crimes dominated by children and adolescents. based on the provisions contained in article 1 number (2) of law no. 11 of 2012 concerning the juvenile criminal justice system (sppa), formulates that: "children in conflict with the law are children in conflict with the law, children who are victims of criminal acts, and children who are witnesses of criminal acts". children in conflict with the law can also be said to be children who are forced into contact with the criminal justice system because: 1). suspected, charged, or found guilty of breaking the law, 2). becoming a victim resulting in a violation of the law committed by a person/group of people/institution/state against them, 3). have seen, heard, felt, or known an event of violation of the law. judging from its scope, children in conflict with the law can be divided into: 1. the perpetrator or suspect of a crime http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 471 issn print 2086-6852 and issn online 2598-5892 2. victims of crime 3. witnesses of criminal acts. furthermore, regarding children in conflict with the law who are qualified as child victims of criminal acts, it is expressly formulated in article 1 number 4 of law no. 11 of 2012 concerning the juvenile criminal justice system (sppa) as children under the age of 18 (eighteen) years who experience physical, mental and/or economic losses as a result of a crime. if you take into account the theoretical analysis of law no. 11 of 2008 concerning information and electronic transactions as amended by law no. 19 of 2016 (uu ite) related to cyber bullying against children in the political perspective of criminal law: the criminal code (kuhp) is the main system of criminal law regulation in indonesia. most of the formulations of criminal acts in the criminal code are conventional and have not been directly linked to the development of cyber bullying which is part of cyber crime. in addition, it contains various weaknesses and limitations in dealing with technological developments and various high-tech crimes. if interpreted in the criminal code, cyber bullying behavior is included in the article on insult, slander, threats and acts of decency. however, these articles lack the ability to be applied in cyberspace, this is because the criminal code was made long before the development of cyberspace. the drawback is in the words "publicly known" and "in public". according to the constitutional court decision no. including the terms "publicly known," "in public," and "on air" isn't enough. the broad formula "distribute" and/or "transmit" and/or "make accessible" is required. in criminal law, the most basic principle is known, namely the principle of "no crime without guilt" which is known as "keine strafe ohne schuld" or "geen straf zonder schuld" or "nulla poena sine culpa". from this principle it can be understood that wrongdoing is an element of criminal responsibility as a subject of criminal law. that is, someone who is recognized as a legal subject must have an error to be convicted. mistakes are the basis of accountability. error is the mental state of the maker and the inner connection between the maker and his actions. regarding the state of the soul of a person who commits an act, it is usually referred to as the ability to be responsible, while the inner relationship between the maker and his actions is intentional, negligent, and forgiving reasons (roesli et al., 2017). the system for formulating criminal sanctions in the ite law is a cumulative alternative. this can be seen in the formulation that uses the words “.. and/or. there are two types of criminal sanctions (strafsoort) in the ite law, namely imprisonment and fines. the system for formulating the duration of a sentence (strafmaat) in the ite law is: maximum specific, imprisonment according to the ite law is a maximum of 12 years / special maximum criminal fine is a minimum of rp. 300,000,000.00 (three hundred million rupiah), and a maximum of rp. 12,000,000,000.00 (twelve billion rupiah). imprisonment according to the ite law for a maximum of 12 years / special maximum criminal fine of at least rp. 300,000,000.00 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 472 issn print 2086-6852 and issn online 2598-5892 (three hundred million rupiah), and a maximum of rp. 12,000,000,000.00 (twelve billion rupiah). imprisonment according to the ite law for a maximum of 12 years / special maximum criminal fine of at least rp. 300,000,000.00 (three hundred million rupiah), and a maximum of rp. 12,000,000,000.00 (twelve billion rupiah). acts of provocation on social media are not exempt from criminal responsibility. people who disseminate information with the aim of causing hatred or hostility towards certain individuals and/or groups of people based on ethnicity, religion, race and intergroup (sara) are also acts that are prohibited in article 28 paragraph (2) uupa. ite law. the crime for perpetrators of hate speech as referred to in article 28 paragraph (2) is punishable by a maximum imprisonment of 6 years and/or a maximum fine of rp. 1,000,000,000.00 (one billion rupiah). then it turned out that the provocation led to a duel, where a specific duel was a disgraceful act by way of a duel against the background of a sense of revenge which gave rise to anger to challenge the opposing party in a one-on-one fight. because regarding witnesses, the time and place have been clearly regulated by the agreement of the conflicting parties. the context of duel fights, in the criminal code (kuhp) in chapter vi it has been regulated regarding duel fights. as stated in article 182 of the criminal code, reads: "with a maximum imprisonment of nine months,threatened: (1) any person who challenges someone to a duel or orders someone to accept the challenge, if this results in a duel; (2) whoever deliberately continues the challenge, if it results in a fight. every individual involved in a duel also includes committing a crime in which the individual or perpetrator can be held accountable in order to maintain legal certainty. the main purpose of law is to create social order, create order and balance. by achieving order in society, it is hoped that human interests can be protected (mertokusumo, 1988). it should be a point to pay attention to, articles 184 and 185 of the criminal code threaten punishment for people who commit one-on-one fights, while article 186 threatens punishment for duel witnesses who commit fraud. punishment as an act against a criminal can be justified reasonably not solely because the punishment has a positive effect on the convict, victim and other people in society. therefore this theory is also called the theory of iconsequentialism. criminals are imposed not because they have committed crimes but so that the perpetrators of crimes will no longer commit crimes and other people are afraid of committing similar crimes. in order to find out and understand the originality of a research or written work, an attempt is made to compare scientific writings with the aim of carrying out updating a journals entitled “law enforcement in responding to social media user's provocation that results in competitive fights”. the journal written by indra heriadi entitled "criminalization of fighting http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 473 issn print 2086-6852 and issn online 2598-5892 offenders reviewed from article 184 paragraph (1) and paragraph (5) of the criminal code" from the university of 17 august 1945 surabaya, in this study discussed the punishment for duel perpetrators in the perspective of the criminal code. meanwhile, this study discusses provocative actions in the use of social media which result in sparring. 4. conclusions provocation through social media is a form of hate speech because the message conveyed aims to incite the public to create feelings of hatred or hostility towards certain individuals and/or groups based on ethnicity, religion, race and inter-group (sara). problems that occur in acts of provocation that result in fights cannot be separated from the existence of mens rea, namely the mental attitude of the perpetrator based on the intention, will, or urge to commit a crime. similar actions (provocations) committed by perpetrators can lead to legal consequences that can be accounted for because they are against the law which are contrary to the criminal code and laws and regulations so that the perpetrators of acts of provocation can be criminally charged and the parties involved in fights can be punished without exception. in connection with writing this research, researchers try to make breakthroughs or suggestions that can be followed up for the future, including: 1. restrict accounts that are proven to be used by users aged 18 (eighteen) years and under to be deactivated as long as the sufficient age is reached. 2. carry out regular outreach to all levels of society regarding crime in the cyber realm. 3. strengthen the potential of children's character with extra monitoring from parents so that they are not affected by a unfavorable environment. 4. polri's participation in the cyber field is needed to eradicate accounts containing sara elements to be investigated immediately so as not to cause public uproar. references anderson, n. (2007). massive ddos attacks target estonia; russia accused. arstechnica. com. bassiouni, m.c. (2013). introduction to international criminal law. in introduction to international criminal law, 2nd revised edition. brill nijhoff. birkerts, s. (2006). the gutenberg elegies: the fate of reading in an electronic age. farrar, straus and giroux. gaffar, s., karsona, a. m., pujiwati, y., & perwira, i. (2021). the concept of procedural law regarding the implementation of collective agreements with legal certainty in terminating employment in indonesia. heliyon, 7(4), e06690. hasugian, b. s. (2018). the influence of social media on millennial adolescent behavior. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 474 issn print 2086-6852 and issn online 2598-5892 network media, 1(1). hendrianto, s. (2016). the rise and fall of heroic chief justices: constitutional politics and judicial leadership in indonesia. wash. int'l lj, 25, 489. lamintang, p. a. f. (1984). fundamentals of indonesian criminal law. bandung: new rays. lubis, a. f. r. m. (2020). criminal liability for children under the age of traffic accidents that caused death (study at asahan polres). mansyur, a., & dikdik, m. (2005). elisatri gultom. cyber law legal aspects of information technology. bandung: refika aditama. matviychuk, v. (2017). the constituent elements of a crime of violation of inviolability of private life (part 2, article 182 of the criminal code of ukraine). jurid. sci., 72. mertokusumo, s. (1988). knowing the law (an introduction). yogyakarta: liberty. ngarawula, b., & sukowati, p. (2021). social behavior of narcotics abusers in law enforcement officials in karawang regency of indonesia. international journal of research in social science and humanities (ijrss) issn: 2582-6220, doi: 10.47505/ijrss, 2(6), 1–16. pinilih, s. a. g. (2018). the green constitution concept in the 1945 constitution of the republic of indonesia. law platform-faculty of law, gadjah mada university, 30(1), 200–211. prihatiningsih, w. (2017). motives for using instagram social media among teenagers. communications, 8 (1), 51. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. scholte, j. a. (2000). globalization: a critical introduction, new york and london. basingstoke: st. martin's press and palgrave. sukri, q. (2002). crime by physicians: a law enforcement review. indonesian journal of criminology, 4227. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 traditional society assessed from legal sociology bagus kurnianto faculty of law, sebelas maret university surabaya e-mail: mrbaguskurnianto@gmail.com abstract law as a cultural product has always existed in every society, both traditional and primitive societies. law develops and grows in society itself. laws are not formed, but laws are found. therefore, every society has laws that have lived and grown together with the growth and development of society. this law is known as the living law. however, as modern countries grow and develop, the living law tends to be eliminated and replaced with positive law. the living law is not considered law. even in the civil law tradition, positive law (law) in indonesia is the main source of law, but in reality the living law is still recognized to some extent. so that the judge who has the authority to decide a case, it is fitting to explore the sense of law that grows and develops in communities, especially indigenous peoples who have already used customary law in society. keyword : custom society, positive law, sociology of law 1. introduction in our daily lives there is something that is very important to be able to regulate people's lives, that something is law. in principle, law is a variety of facts and statements to ensure the adjustment of a person's freedom and will with another. based on this assumption, the law basically regulates the relationship between humans in society based on various principles. therefore, everyone in society is obliged to obey and obey it (indonesia, n.d.). cicero stated "ubi societas ibi ius". this statement indicates that in every society there are always laws that function to regulate their behavior. even law is part of the cultural development of society. no wonder it is said that law is a cultural product (law as a product of culture). martin kryger stated that “law as tradition”. therefore, cultural development is always followed by legal development or vice versa law develops and grows along with the development and growth of the culture of the community. this indicates that the people cannot give up the law. society is the main source of law. it is not surprising that ronald dworkin stated that society is the fabric of rules. the historical and cultural schools have a stand that is very opposite to the formalistic schools. this school emphasizes that law can only be understood by examining the historical and cultural framework in which the law emerged. a prominent figure from this school is friedrich karl von savigny (1779-1861) who is considered a leader in the history of law. von savigny argues that law is a manifestation of the legal awareness of society (volfsgeist). he argued that all laws originated from customs and beliefs, not from legislators. von savigny, a german, was against german legal conditions. the decisions of the legislative body can endanger the community because they do not always comply with the community's legal awareness (tănăsescu, 2020). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 culture in each society will produce its own laws so that society will produce its own types and types of laws. the culture of each society adjusts the form of its legal identity. therefore, every society always produces different legal traditions from one society to another, for example, the civil law and common law traditions have different characteristics because the two legal traditions develop and grow in the cultural life of different communities. when viewed from the sociological and anthropological aspects, indonesian society is a plural society with a variety of cultures, religions, and customs. therefore, there are various laws that live in indonesian society, for example customary law and islamic law. so before indonesia's independence, the indonesian people already had the living law. in fact, there has been legal pluralism where each legal community has its own law with its own characteristics and characteristics. dutch colonialism in indonesia to some extent influenced the indonesian legal system. as is well known, the netherlands is a country with a civil law tradition. the main characteristic of civil law is the law as the main source of law. joseph dainow stated that the main source of law in civil law is codified legislation (dainow, 1966). in line with this, vincy fon and fransico parisi stated that laws are the main source of law, while court decisions are the second source of law. in indonesia, laws (positive law / legal positivism) are also used as the main source of law. even the laws and regulations in indonesia are compiled in stages and levels. in fact, almost all levels of government are given the authority to make laws and regulations. there is not one single aspect of state administration and community behavior that is escaped from positive legal regulation (legal positivism). therefore, many experts say that indonesia is like a constitutional state. the need for law is a logical consequence of a rule of law, where there is a demand to act in accordance with the principle of legality. for that reason, law is the answer. but on the other hand, positive law also has many weaknesses, including unclear, empty, contradictory, incomplete and other problems (rudianto & roesli, 2019). legal positivism teaches that psychological law is the prevailing law and positive law here is the judicial norms that have been established by state authorities. state law is obeyed absolutely which is concluded in a statement gezetz ist gezetz or the law is the law (suherman, 2008). another legal theory that was born from a dialetic process between legal and historical positivism, namely sociological jurisprudence which argues that good law must be in accordance with the laws that live in society. this theory strictly separates the positive law from the developing law. famous figures of this school include eugen ehrlich (1862-1922) a legal expert and sociologist from austria, arguing that issues concerning law at this time are no longer a matter of formal legality, on the interpretation of articles of statutory regulations. properly, but moving towards the use of law as a means to help shape the new life order or in accordance with current conditions. in other ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 words, positive law will only be effective if it contains or is in accordance with the laws that live in society (susanti, 2016). satjipto rahardjo argues that law science includes and discusses all matters relating to law (rahardjo, 2000). like other branches of science, law also has an object, namely law. satjipto rahardjo has compiled a list of problems that can be included in the objective of studying them, namely: (i) learn basic legal principles; (ii) study the formal system of law; (iii) studying legal conceptions and their functional meaning in society; (iv) learn what social interest are protected by law; (v) want to know what the law really is, where did it come from / appeared, what it did and in what ways / means did it; (vi) learn about what justice is and how it is manifeshted in law; (vii) learn about the development of law: has it been the same law as we know it today? how actually the law changes from time to time; (viii) studying thoughts about the law of all time; (ix) studying how the real position of law is in society. how is the relationship or relationship between law and other sub-systems in society, such as politics, economics, and so on; and (x) if law science can indeed be called a science, what are the characteristics or scientific characteristics? 2. research method this study uses a legal research method with the type of juridical normative research which uses the basis of analysis of tax and banking laws and regulations as well as several other legal documents. the author uses a research approach in the form of a statutory approach (statute approach) and a conceptual approach (conceptual approach). 3. results and discussion if observed in depth, it can be seen that the flow of sociological jurisprudence in which this flow can be said to be a flow of various approaches. this school grew and developed in the united states and was spearheaded by roscoe pound with his well-known works such as "scope and purpose of social jurisprudence" (1912), "outline of lectures on jurisprudence" (1903), the spirit of common law (1921) and other works. its characters include benjamin cardozo and kantorowics. the flow of sociological jurisprudence is classified as sociological streams in the field of law in the european continent pioneered by an austrian legal expert named eugen ehrlich (18261922) who first wrote a book on law from a sociological point of view with the title "grundlegung der soziogiedes rechts" which translated into english by walter l. moll: "fundamental principles of the sociology of law" in 1936). in this connection, sociological jurisprudence uses a social law approach, while sociology of law uses a community-to-law approach. according to sociological jurisprudence, a good law must be in accordance with the laws that live in society. this flow clearly separates the positive ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 law from the law that lives in society (living law). this flow arises as a result of the dialectical process between the viewpoint of legal positivism and the view of the historical school. the author quotes the meaning of living law from eugen ehrlich’s bookas follows : “the living law is the law which dominates life itself even though it has not been posited in legal propositions. the source of our knowledge of this law is, first, the modern legal document; secondly, direct observation of life, of commerce, of customs and usages and of all associations, not only those that the law has recognised but also of those that it has overlooked and passed by, indeed even of those that it has disapproved.” (littlefield, 1967). the term the living law first put forward by eugen ehrlich as the opposite of state law (law made by the state / positive law). for eugen ehrlich legal development is centered on the community itself, not on the formation of law by the state, judges' decisions, or on the development of legal science. eugen ehrlich want to convey that society is the main source of law. law cannot be separated from society. on this basis, eugen ehrlich stated that the living law is a law that dominates life itself, even though it has not been included in a legal proposition. from the above opinion, it can be seen that the living law is a set of provisions that coincide with the birth of society. law cannot be separated from society. law is formed by society, and law functions to serve the interests of society. therefore, for eugen ehrlich, state law is not something that is independent from social factors. state law must pay attention to the living law that has lived and grown in people's lives. in this regard, eugen ehrlich stated: “rules of law were not lifeless constructions which existed independently of the social reality. on the contrary, they are parts of the “living”, i.e. functioning and effective order of social communications, which protect certain interests privileged by society and discriminates those interests that are denounced and disapproved by society. society itself engenders a general order of societal relations, which later is put into legal forms by social groups and individuals who act thereby in the capacity of lawmakers (in the broader meaning, as specified above)”. as the author explained above, the sociological jurisprudence school is different from the sociology of law. this means that the law reflects the values that live in society. sociology of law as a branch of sociology that studies the influence of society on law and the extent to which the symptoms that exist in society can influence the law as well as investigating the opposite effect, namely the influence of law on society. in examining legal problems, the approach used by the flow of sociological jurisprudence starts from law to society, while sociology of law approaches from society to law. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 tabel 1. from the descriptions above, the author suggests several characteristics of positive law and the living law : positive law the living law shape written unwritten character autonomous not autonomous (responsif dan progresif) shape legislation customs, religious norms, and others. formation sovereign orders found in society penalty primary norms not required source or formation will ruler community life purpose legal certainty justice coercin implemented by state institutions citizen’s awareness applicability juridical sociological sociology of law is conceptualized as an instrument for researching or explaining the real condition of society, with the ultimate goal of trying to describe the state of society or to make changes in society. therefore, in the sociology of law, law is studied not for the purpose of law itself, but is studied to explain society (social order) (samekto, 2008). meanwhile, sociological jurisprudence observes how law with all its characteristics is applied and used in and used by society. when the law is implemented, there is an interaction between the law and the behavior of the people who use it. sociological jurisprudence talks about the social meaning of law. social meaning is given to law through contacts with the social environment in which the law is applied. sociological jurisprudence's view states that the rule of law cannot force the content of regulations to be carried out absolutely, but in many cases it is defeated by the social structure in which the law is enforced. research on legal culture in indonesia by daniel s. lev as quoted by satjipto rahardjo shows how the notion of law, legal procedures, in java is defeated by patterns of harmony, maintaining feelings and so on. so in this case the social structure is also a determining factor in law and society actually contribute to shaping law by giving it social meaning. we can also observe the relationship between social structure and law by thinking backward, how the law is formed and implemented also depends on the social structure of society (nugraha & suteki, 2018). 4. conclusion law as a cultural product has always existed in every society, both traditional and primitive societies. law develops and grows in society itself. laws are not formed, but laws are found. therefore, every society has laws that have lived and grown together with the growth and development of society. this law is known as the living law. however, as modern countries grow and develop, the living law tends to be removed and replaced with positive law, namely law as a command of souvereign backed by sanction. the living law is not considered law. even in the civil law tradition, positive law (law) is the main source of law. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 ehrlich's teaching is based on the distinction between positive law and living law, or in other words, a distinction between legal principles and other social rules. he stated that positive law will only be effective in accordance with the laws that live in society, or what anthropologists call culture patterns. ehrlich said that the center of the development of law is not in the legislative bodies, the decisions of the judiciary or the science of law, but rather lies in society itself. the order in society is based on regulations imposed by the state. the goodness of ehrlich's analysis lies in his attempt to direct the attention of the jurists to the scope of the social system, where one can find the forces controlling the law. ehrlich's theory is generally useful as an aid to better understanding law in a social context. however, the difficulty is to determine what standards that can be used to determine a rule of law are really living (and considered fair) laws. indonesia as a former dutch colony is also influenced by the civil law tradition above, therefore positive law is also used as the main source of law. however, in the indonesian legal system, the living law is still recognized with certain limits. for example, the judge is obliged to explore the sense of law that lives in the midst of society, recognition of indigenous peoples and their traditional rights, recognition of customary rights and so on. references dainow, j. (1966). the civil law and the common law: some points of comparison. am. j. comp. l., 15, 419. indonesia, p. t. h. (n.d.). pengantar ilmu hukum pengantar tata hukum indonesia. littlefield, n. o. (1967). eugen ehrlich’s fundamental principles of the sociology of law. me. l. rev., 19, 1. nugraha, d. s., & suteki, s. (2018). politik hukum penanganan konflik perkebunan oleh pemerintah yang berkeadilan sosial. kanun jurnal ilmu hukum, 20(1), 103–122. rahardjo, s. (2000). ilmu hukum. citra aditya bakti. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. samekto, f. x. a. (2008). justice not for all: kritik terhadap hukum modern dalam perspektif studi hukum kritis. suherman, a. m. (2008). pengantar perbandingan sistem hukum. susanti, e. (2016). kajian sosiologi hukum terhadap problematika bullying dalam dunia pendidikan. keadilan progresif, 7(1). tănăsescu, m. (2020). rights of nature, legal personality, and indigenous philosophies. transnational environmental law, 9(3), 429–453. vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 74 issn print 2086-6852 and issn online 2598-5892 legal protection for online loan business actors regarding personal data bonaventure kevin gunawan faculty of law, university of surabaya, indonesia *corresponding author e-mail: kevingunawan35@gmail.com article history: received: january 27, 2023; accepted: april 12, 2023 abstract the purpose of this research is to find out whether the personal data protection law gives legal certainty to online loan business actors. the research method used is to use a normative approach and law no. 27 of 2022 and the theory of legal certainty. from the research results of law no. 27 of 2022 concerning protection of personal data does not provide legal certainty for online loan business actors, protection of personal data concerns online loan entrepreneurs to carry outannouncing data on its customers has increased, while an increase in online lending customers equals an increase in problems in billing stubborn creditors. loan entrepreneurs certainly won't do billing by themselves and definitely need help from various sourcesoutsourcing which will spread the data of its customers, because many consumers will let go of responsibility and run away from the city or even the country. keywords:law, online, business, constitution, consumers 1. introduction this increasingly rapid technological development has entered various human aspects, both enteringinside aspects of social life,culture, politics, economics, and law. it does not rule out the possibility of dealing with financial transactions, which are greatly facilitated by technological developments. internet use (interconnection networking) which is a medium of information and electronic communication also providesvarious activity both in the form of services and products such as financialtechnology (fintech). in this case we can see the use of internet technology in transactionsfinance very rapidly during the covid – 19 pandemic where many people people with low incomes are looking for funds to connect the wheels of the family economy. with this in mind and the rapid increase in public knowledge of this technology, the development of the digital economy has become one of the fundamental changes and has made it a service provider medium in lending and borrowing activities with information technology-based money-lending services in which these services contribute.to national development and economy.development technology creates so many business opportunities and creates all kinds of opportunities that change willunderstand digital, information technology. the loan system in online loan applications is implemented by the system“peer to peer lending”, namely the organizer of the agreement that brings together lenders and loan recipients http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 75 issn print 2086-6852 and issn online 2598-5892 through the internet network, the presence of this system can certainly have a positive impact, namely some residents who live in remote areas or inremote – remote areas can easily carry out the process of borrowing money (beck & beck-gernsheim, 2013). the presence of innovation in the financial sector will have two sides, on the one hand it will provide benefits or a side that has the potential to disrupt traditional financial services. effectdisruption willcan happen raisesinstability financial sector and unfair competition. at present the growth of online loans or most of what is called pinjol is very fast, beyond the expectations of many people in a short time of less than two years thousands of fintechs have sprung up offering online loans, data from the financial services authority (ojk) shows the numberfintech currently registered 127 while for illegal finetech is 1230 (myranika, 2021). online loans offer many features that benefit consumers compared to banking, as a result in the last two yearsfintech online loans are growing very fast. with someone's online loannow those who want to apply for a loan, just need to download the application or access the loan service provider's website, then for the next step, fill out and upload the required documents and the funds will quickly enter the borrower's account. however, there are a number of negative things that arise, for example, such as the spread of the borrower's personal data because the online loan verification process is carried out online and will ask the loan recipient to access all data, this isreally high risk for the borrower's personal data whenabused. requests for consumer personal data are actually needed bygiver loan thatthere called pinjol to doassessment to prospective borrowers and to ensure that the borrower is really the right personhis name listed in the application that has been used, but in some cases contact access is used to make billing. seeing the many cases of online loans, how do consumers protect against online loans? howconnection the parties? and how about personal data protection? so fromit's a journal this will describe the above as a general review of online loans. 2. research methods this type of research is normative juridical research. according to the opinion of ronny hanitijo soemitro's empirical juridical approach is the opinion of the literature which is guided by the rules of books or legal literature and materials that have a relationship to problems and discussions in article writing (lieberman et al., 2016). this writing method is used with dataseconds with materials that include legal documents, books, articles and others the approach used is a statutory approach carried out by various legal regulations related to personal data protection, namely law no. 27 of 2022 concerning protection of personal data and other related regulations. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 76 issn print 2086-6852 and issn online 2598-5892 3. results and discussion rules regarding online loans legal development is an effort to form a new law to adapt to the law that applies at this time. legal development means building a legal system, along with its instrumentsrelated to it with the upholding of the rule of law. inside national long term development plan (rpjpn) 2005 – 2025, legal development is carried out to achieve the mission of realizing a nation that is competitive andpublic democratic based on law (fanggi et al., 2019). this is part of the 8 (eight) national development missions in the framework of dealing with developmentnational in the period 2005 – 2025, namely the realization of an independent, advanced, just and prosperous indonesia. the intermediation function carried out by various financial service institutions has in its development made a significant contribution in providing funds to finance the national economy. therefore, the state must pay serious attention to the development of these financial sector services by seeking to establish an integrated and integrated regulatory and supervisory framework for financial sector servicescomprehensive. increate legal developmentin the field the economy has formed a regulation that will ultimately lead to the welfare of society. economic law is a rule of law that regulates andinfluence everything related to the national economy, be it the rule of law that is private or public, written or unwritten, that regulates the activities and life of the country's national economy (shigong, 2010). the rapid growth of the economy also develops related to economic law, becauseenabled as a barrier and regulator of a country's economic activities even across national borders while still considering the rights and obligations of the community. the rights and obligations as well as the interests of citizens must be protected by the government for the sake ofreach a goal, namely the welfare statewelfare state. the form of community legal protection is realized from formal law which aims to advance the national economy through government policies contained in the formal law. in this case, to realize the growth of information technology-based financial service institutions so that they can contribute more to the national economy, regulations have been drafted“peer to peer lending”. the regulation places more emphasis on regulation and supervision to encourage the development of financial technology so that it canutilized by many people. with this in mind, the financial services authority (ojk) issued regulation number 77/pojk.01/2016 concerning information technology-based lending and borrowing services. this regulation has regulated about one typefintech currently developing in indonesia. this is because the ojk sees the urgency of having regulatory provisionsfintech, strengthening the culture of borrowing and borrowing (debt)in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 77 issn print 2086-6852 and issn online 2598-5892 society indonesia. apart from that the companyfintech is the scope of the financial services authority (ojk) because the company provides financial services. however, the company does not yet have an institutional legal basis in carrying out its business activities. review general fintech with the development of technology, there are many types of fintech, including financial innovations related to payments and transfers, financial service institutions and companiesstartup fintech, which uses new technology to provide services faster, cheaper and more convenient. companies in the investment sector also compete by using technological innovation in selling existing productsproduced. wholefintech these provide many conveniences for financial consumers to buy and use financial products and services at this time (de kerviler et al., 2016). according to bank indonesia regulation no. 19 of 2007fintech, consists of several categories article 3 paragraph 1 reads“the implementation of financial technology is categorized into: a) payment system. b) market support. c) investment management andmanagement risk. d) loans, financing, and capital provision, and it is other financial services”. technology-based lending and borrowing services are one of a kindfintech which is in great demand by the public because it provides convenience forpublic who need faster credit. online lending is also an illustration of an online marketplace where lenders, called lenders, can lend to individuals and small businesses (mach et al., 2014). the company toogive competitive bidding to bring together lenders. this advantage is a very low interest margin, feesadministration low, ability to offer loans to borrowers rejected by banks. the focused nature of their activities ensures that the administrative costs and additional expenses required to set up the platform are relatively low. how online loans work include: 1) the process for borrowers, after registering, the borrower will submit a loan proposal. online lenders will analyze credit, borrowing history, amount of borrower's income, to determine the loan size and loan interest sector. 2) the process for lenders will provide personal data information to the organizerspeer to peer lending such as identity cards, account numbers, numberstelephone and so on, after the registration process the lender can see the profile of the loan recipient and decide who to give the loan to. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 78 issn print 2086-6852 and issn online 2598-5892 3) organizers as business entities in indonesia willprocess personal data from the lender and managing funds from the lender as well as the lender's personal data, the organizer also conducts an analysis of the borrower. above systemhere it is which has not beenowned by other financial institutions. they have also created an online platform to provide facilities with organizer terms, for fund owners to provide loans directly to borrowersreturn higher, while the borrower can apply directly to the owner of the funds through an online provider with relatively easier and faster conditions. ifcompared to with conventional banks, the credit application process can take up to 7-14 days, while online loans take 3-5 days to be disbursed immediately. this practice makes people have more choices in determining financial assistance. processapplication the loan in question usually follows the following process: 1) the borrower enters the application or website. 2) register and fill out the form provided. 3) the platform then analyzes and qualifies the proposed loan. 4) loans that work and pass onplatform with this, the lender can provide a commitment and for the loan. online loans can be downloaded at varioussmartphone as well as many of these companies that provide facilities that benefit loan recipients. most of the conditions specified are having an identity card (ktp), taxpayer identification number (npwp), simcardtelephone active. likewise, payments or refunds can be made easier, by way of transfer. legal relationship between both parties according to the civil code (kuhper) online loans are classified in article 1754 of the civil code which are as follows"borrowing is an agreement where the first party gives the other party a certain amount of goods goods that are used up due to use, with the condition that the latter party will return the same amount of goods of the same type and condition" (lummer & mcconnell, 1989). in the loan agreement, the recipient of the loan (debtor) will replace the borrowed object. to return this matter requires agreement from both parties and in this case along with the interest and the amount of interest, the borrower must pay the interest according to what was agreed. inpeer to peer lending there are three parties concerned, namely lenders, borrowers, and organizers, where each of these parties creates a legal relationship with one another. providers of technology-based loans are referred to in the financial services authority (ojk) regulation number 77/pojk.01/2016 article 1 number 6 is"information technology-based money lending http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 79 issn print 2086-6852 and issn online 2598-5892 service providers, hereinafter referred to as organizers, are indonesian legal entities providing,process, andoperate information technology-based money lending services . organizer in carrying out this online lending and borrowing agreement as a service institutionfinance others in the form of legal entities in the form of limited liability companies or cooperatives. the legal entity that is the organizer is required to apply for licensing and registration to the financial services authority (ojk). borrower is"persons and/or legal entities that have debts due to information technology-based money lending service agreements" (indaryanto, 2012). the lender in his understanding is"lenders are legal entities and/or business entities that have receivables due to information technology-based money lending service agreements" (rahyani, 2012). the borrower is the party thatgive loans or funding to loan recipients who need funds which are then brought together by the organizers. the legal relationship between organizers, lenders and loan recipients is based on an agreement that arose after the agreement was agreed (in online form). between the organizer and the recipient of the loan, there is a legal relationship, namely an agreement. however, the agreement between the provider and the recipient of the loan in the form of an agreement to use the information technology-based money lending service is born when the loan recipient has accepted all the conditions of use set by the organizer and then made a loan application based on predetermined conditions. by the organizers . the relationship between the organizer and the lender occurs when an agreement has been approved between the organizer and the lender. the agreement was born because the lender binds himself to the organizer to provide a loanto loan bids from loan recipients submitted through the organizer. this organizer agreement is considered the beginning of a loan agreement that will occur between the borrower and the lender because a new loan agreement will occur when the lender agrees to provide loan funds to the prospective loan recipient. thereforeparticipation the organizer in the agreement that will occur between the lender and the recipient of the loan only functions as an intermediary to bring together the lender and the recipient of the loan. the organizer agreement is strengthened by confirmation from the organizer regarding the funding approval for the bid submitted. confirmation is marked by the sending of a funding form by the lender (renduchintala et al., 2022). while the agreement between the lender and the recipient of the loan occurs because of a loan agreement as stipulated in the civil code (kuhper) article 1754 which reads“borrow borrowis agreement where the first party gives the other party a certain amount of goods goods that have been used up, with the condition that the latter party will return the same amount of the same type and condition". http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 80 issn print 2086-6852 and issn online 2598-5892 the urgency of personal data protection policy in the use of the pinjol application basically the law is formed to protect the public interest, namely there are three interests that are protected by law namely:“public interest, individual interest, dan interest of personality” (oktaviani & arafat, 2022). meanwhile, according to satjipto rahardjo's opinion, legal protection is the protection of people's human rights to protect against all actions that harm people.other so that people can enjoy the rights granted by law. in essence, legal protection is a very important instrument for realizing legal objectives including justice, benefit and legal certainty, this is a driving tool given the authority by the law itself. the government of the republic of indonesia has a constitutional obligation granted by the 1945 constitution as stated in paragraph 4 as the goal of the state, that the government is obliged toprotect all the indonesian nation and all of indonesia's bloodshed and to promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace, and social justice (roesli et al., 2017). to respond to the rapid development of technology, information and communication, the country's goal isimplemented on personal data protection for every citizen of indonesia. thus, the constitution provides space for the form of laws and regulations to make regulations or policies in the context of tackling crimes against the use of personal data and protecting ownership of personal data. the law is very important as lregardless of policy which is an instrument in the rule of law regarding the administration of government in achieving state goals. this has implications for every regulation made by the government which is an instrument of legal protection and enforcement of human rights for all people or citizens. there is something to notethat the process of forming laws is not easy because they depend on dynamic and unpredictable political processes, so discussing laws and regulations seems protracted or even stopped due to a change of position[19]. the increasing number of people in the use of electronic media has the potential to cause a transfer of crime and violations to cyberspace, this is becausebehavior people who too often ignore sensitive information on the internet, giving rise to malicious intent for these individuals as malicious intent. in this case the definition of personal data is“data about identified or identifiable individualsidentified alone or in combination with other information, either directly or indirectly via electronic meansnonelectronic”(callaghan et al., 2009). this regulation is indeed enforced for every person, public body, and international organization that commits an actlaw, the legal acts in question are: 1) which is in the jurisdiction of the republic of indonesia. 2) outside the jurisdiction of the law of the republic of indonesia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 81 issn print 2086-6852 and issn online 2598-5892 a) in the territory of the republic of indonesia and/or b) for personal data subjects of indonesian citizens outside the jurisdiction of the republic of indonesia [21]. the protection of personal data is regulated in the electronic information and transaction law (ite) which includes protection from illegal access by other parties, protection by electronic system operators, as well as protection by administratorssystem electronics, as well as protection without the permission of the person concerned. protection of personal data in the ite law is listed as follows: 1. unless otherwise stipulated by laws and regulations, the use of any information through electronic media concerning a person's personal data must be carried out with the consent of the person concerned. 2. every person whose rights are violated as referred to in paragraph (1) can file a claim for losses incurred under this law. from the provisions of the articleson it implies that every user of personal data on electronic systems is required to obtainagreement data owner. in this case there is a violation, then a lawsuit can be made for the losses that arise. in this case that personal data is a form of a person's personal rights, in general there are already regulations regarding actions that are prohibited regarding personal data, namely articles 30 to articles 33 and articles 55 of the information and transaction law.electronic (susha et al., 2019). regarding the protection of personal data that becomesthe subject are individuals who have personal data attached to them [24]. in matters related to online loans, lenders are required to maintain personal data solely to protect the personal data of loan recipients so that they are not used for things that are prohibited by law and public order. furthermore, in the financial services authority regulation number 77/pojk.01/2016 concerning information technology-based moneylending services, article 26 letter (a) which reads“maintain the confidentiality, integrity and availability of personal data, transaction data and financial datamanaged since the data was obtainedso that those datadestroyed”. so it is clear that regarding the protection of personal data, it should be protected by the parties concerned. as there are rules there are sanctions forthe offender. everyone who commits an act that is contrary to the law will be subject to sanctions in accordance with the applicable provisions, so it can be understood that all actions related to the law will also have legal consequences, in this case the violator has violated the rights of others by not maintaining or disseminating data personally, so that the perpetrator must accept the legal consequences of his actions, namely the imposition of punishment or sanctions. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 82 issn print 2086-6852 and issn online 2598-5892 4. conclusion in principle, the state has provided protection to online loan actors and entrepreneursas regulated in the financial services authority regulation (pojk) and provides protection for business actors and consumers regarding online loans, complaints from entrepreneurs and consumers on online loans and education related to the problem of the urgency of personal data. the legal relationship in online loans can be categorized into two, namely the legal relationship between the borrower and the provider of funds and the legal relationship between the provider of funds and the application. the legal relationship of the parties arises after the agreement. on the other hand, indonesia has not been fully effective regarding personal data protection even though regulations have been formed, so efforts are being madeprevention and the handling of personal data protection cases has not been maximized. in addition, people's understanding of online loans is still low, so they are widely used by illegal online loans, where the status is unclear. to overcome this, the government is expected to be more assertive in handling and enforcing regulations, so that the functions and objectives of the law are truly maximized as they should be. references beck, u., & beck-gernsheim, e. (2013). distant love. john wiley & sons. callaghan, v., clarke, g., & chin, j. (2009). some socio-technical aspects of intelligent buildings and pervasive computing research. intelligent buildings international, 1(1), 56–74. de kerviler, g., demoulin, n. t. m., & zidda, p. (2016). adoption of in-store mobile payment: are perceived risk and convenience the only drivers? journal of retailing and consumer services, 31, 334–344. fanggi, p. a. l., efendi, s., suranggana, r. s., & purwohadi, r. (2019). direction of national law development year 2005-2025 to encounter the age of 4.0 industry revolution. unram law review, 3(1), 54–63. indaryanto, w. (2012). pembentukan dan kewenangan otoritas jasa keuangan (the establishment and authority of the financial services authority). jurnal legislasi indonesia, 9(3), 333– 342. lieberman, j. d., krauss, d. a., heen, m., & sakiyama, m. (2016). the good, the bad, and the ugly: professional perceptions of jury decision‐making research practices. behavioral sciences & the law, 34(4), 495–514. lummer, s. l., & mcconnell, j. j. (1989). further evidence on the bank lending process and the capital-market response to bank loan agreements. journal of financial economics, 25(1), 99– 122. mach, t., carter, c., & slattery, c. (2014). peer-to-peer lending to small businesses. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 83 issn print 2086-6852 and issn online 2598-5892 myranika, a. (2021). legal protection of online loan recipients based on financial services authority. linguistics and culture review, 5(s4), 2390–2402. oktaviani, h. d., & arafat, m. r. (2022). legal policy of the personal data protection bill in indonesia. megafury apriandhini, sh, mh chair of 4th osc, 75. rahyani, w. s. (2012). independensi otoritas jasa keuangan dalam perspektif undang-undang nomor 21 tahun 2011 tentang otoritas jasa keuangan (the independence of the financial services authority perspectives in law number 21 year 2011 concerning the. daftar isi, 361. renduchintala, t., alfauri, h., yang, z., pietro, r. di, & jain, r. (2022). a survey of blockchain applications in the fintech sector. journal of open innovation: technology, market, and complexity, 8(4), 185. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. shigong, j. (2010). written and unwritten constitutions: a new approach to the study of constitutional government in china. modern china, 36(1), 12–46. susha, i., grönlund, å., & van tulder, r. (2019). data driven social partnerships: exploring an emergent trend in search of research challenges and questions. government information quarterly, 36(1), 112–128. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 64 abortion in the aspects of criminal law and health agung putri harsha satya nugraha1, vivin indrianita2, bastianto nugroho3 1,2faculty of health sciences, merdeka university surabaya 3faculty of law, merdeka university surabaya email: agung.putry@gmail.com abstract abortion or commonly referred to abortion into the human civilization because humans do not want the pregnancy. since centuries ago, many nations have known checkers wear some plant species believed to stimulate contraction of uterus to shed or dropped fetus. abortion itself can occur either due to human actions (abortion provocatus) or because of natural causes, that happens by it self, in the sense that not because of human actions (abortion spontatus). abortion is happening because of human actions can occur either because it is driven by medical reasons, such as pregnant women who suffer from a disease and to save the lives of these women then abortion must be terminated (abortion therapeuticus). besides, for reasons that are not justified by the law (abortion criminalis). the method used in this research is normative juridical consideration that the starting point of the research analysis of the laws and regulations of the criminal code, act no. 35 of 2014 on the amendment of act no. 23 of 2002 on child protection, and law no. 36 of 2009 on health associated with the renewal of the crime of abortion. keywords: abortion provocatus, aspects of criminal law and health 1. introduction in indonesia, abortion is not a new problem, since a long time already there are medicines (herbs) traditionally efficacious abort this means that the practice of abortion has long been the case in indonesia, today abortion is still a problem in indonesia it relates to the practice of abortion is often done by the younger generation especially incidence of abortion provocatus criminalist in indonesia reached 2.5 million cases per year, or 43 abortions for every 100 pregnancies and approximately 30% in the case of abortion it in done by people aged 15-24. the debate on abortion in indonesia lately increasingly crowded due to be triggered by various events that shook the foundations of human life. life is given to every human being is a human rights can only be revoked by the life giver. talking about the abortion of course we are talking about human life through abortion is closely related to women and fetus in the womb of women. 1 merdeka university faculty of health sciences surabaya, agung.putry@gmail.com 2 merdeka university faculty of health sciences surabaya, vivin.carissa89@gmail.com 3 merdeka university faculty of law surabaya, bastiantonugroho@gmail.com jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 65 killing womb (abortion) always be topic of conversation, in both official and unofficial forums related to the fields of medicine, law and other disciplines.4 abortion is a social phenomenon that is increasingly concern. the concern is not without reason, because so far the behavior of abortion many negative effects both for themselves perpetrators and the community at large. this is because abortion involves moral norms and laws of a nation. abortion has been known for a long time, abortion has a long history and has been carried out by various methods either natural or herbal, the use of sharpened tools, physical trauma and other traditional methods. contemporary era utilizing drugs and high-tech surgical procedures in an abortion. legality, normality, culture and views on abortion differ substantially across countries. in many countries of the world, the issue of abortion is a divisive issue and a public stand on the controversy and legal ethics. abortion and the problems related to the topic of abortion become prominent in national politics in many countries often involves the movement against abortion pro-life and prochoice on abortion worldwide. according subekti, that the law consists of norms of decency, obscenity and legal norms called social norms.5 social norms are general provisions applicable to guide the individual to behave in social life. are important and need to be considered in this case is the activity of the individual in relation to the social life that have a social norm. the problem of abortion can not be released to do with the values and norms of religion that developed in indonesian society, associated with positive criminal law in indonesia settings issue of abortion are included in article 346, 347, 348, 349 and 350 of the criminal code. according to the provisions contained in article 346, 347, and 348 of the penal code abortion criminalis include actions as follows:6 1. abort (afdrijvingvan devrucht). 2. killing womb (dedood van vruchtveroorzaken). the legislation does not provide an explanation of the discrepancy to abort and kill the content, as well as to the understanding of the content itself. in terms of grammar abort means to make the fall or cause a fall, which is tantamount to falling or loose.7 so abort means making the content becomes void or cause to be killed. 4 achadiat charisdiono, dynamics ethics and legal medicine, medical books, jakarta, 2007, p.12. 5 abdul jamil, psychology in law, armico, jakarta, in 1984, hal.118. 6 moses perdana kusuma, chapters about forensic medicine, ghalia indonesia, jakarta, in 1981, hal.192. 7 kamisa, complete dictionary indonesiankartika, surabaya, 1997. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 66 while killing the same as causing death or loss of life. so, kill the womb means to cause death or eliminate the content into the content lives. on abortion, namely the release of the contents of the uterus and the womb family of a woman's body contains. while the content of the act convicted murder is causing the demise of the womb.(nugroho 2018) in terms of positive law in indonesia, there is still debate and opposition from the pros and cons about the perception or understanding of the laws that exist to this day. good health legislation, law medical practice, the draft penal (penal code), the law the abolition of domestic violence, and the law of human rights. circumstances like this with so many complex issues arise that make a lot of practice clandestine abortions carried out both by medical personnel formal and informal medical personnel, and in accordance with the operational standards of medical or not. before the release of act no. 36 of 2009 on health, abortion provisions stipulated in law no. 23 of 1992. where in the provision of health care legislation includes about abortions performed on emergency medical indications, which threatens the lives of mothers and babies born deformed so difficult to live outside the womb.(nugroho 2018) before the revision of health legislation, there is still much debate about abortion performed by rape victims.8 that's because there is no clause that clearly addresses on abortion for victims of rape. during this time many of the views that interprets likened abortion to rape victims with medical indications that can be done because of mental disorders to mothers who also threaten the life of the mother. but on the other hand there is also a view that abortion for victims of rape is a criminal abortion because they do not endanger the life of the mother and in act no. 23 of 1992 on health is not included explicitly in the article. with the release of revised health legislation that the legality of abortion for victims of rape have been included clearly in article 75 paragraph 2 of law no. 36 of 2009 on health. in the code of penal (penal code) while the provisions relating to the issue of abortion and its causes can be found in chapter xix of the criminal code article 229, 346, 347, 348, 349. the load apparent ban on abortion. while the provisions of law no. 36 of 2009 on health regulate abortion provisions of article 76, 77, 78 there is a difference between the criminal code by act no. 36 of 2009 on health in regulating the abortion issue. penal code expressly prohibiting abortion for any reason, while the health care legislation allow abortions or emergency medical indications as well as rape. 8 http://dmpurba.blogspot.com/2011/07/abortus, rs.dr. pringadi. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 67 in medicine, known as abortion, an abortion, which means spending the products of conception (meeting the egg and sperm cells) before the fetus can live outside the womb. world health organization (who) provides a definition that abortion is the cessation of life fruit under 28 weeks gestation or fetal weight of less than 1000 grams. abortion is also interpreted issued or discard either an embryo or fetus is preterm (prematurely). the term abortions also called abortion provocatus. an act of deliberate abortion. abortion (latin: abortion) is the cessation of pregnancy before 20 weeks of pregnancy that resulted in death of the fetus. abortion / miscarriage itself means a threat or spending the products of conception before the fetus can live outside the womb, and as boundaries used less than 20 weeks of pregnancy or child weighs less than 500 grams. the types of abortion: 1. spontaneous abortion a. threatened abortion. spotting bleeding indicates a threat to the survival of a pregnancy. under these conditions, pregnancy still may continue or be maintained. b. abortion insipiens. light to moderate bleeding in early pregnancy where the products of conception are still in the uterine cavity. this condition shows the abortion process is ongoing and will continue to be incomplete or complete abortion. c. incomplete abortion. bleeding in early pregnancy where most of the products of conception have been out of the uterine cavity through the cervical canal. d. complete abortion. bleeding in early pregnancy where all products of conception have been expelled from the uterinecavity. 2. artificial abortion. abortion is caused by a specific intervention that aims to end the pregnancy. the terminology for this situation is abortion, abortion or abortion provocatus. 3. unsafe abortion. attempts to terminate a young pregnancy wherein executing the action does not have sufficient expertise and standard safe procedures so as to endanger the safety of life of patients. 4. infectious abortion. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 68 is abortion complicated by infection. the spread of the virus germs or toxins into the circulation and the peritoneal cavity can cause septicemia, sepsis or peritonitis. 5. dying fetus retention (missed abortion). bleeding in early pregnancy is accompanied by the retention of products of conception have been dead for up to 8 weeks or more. usually the diagnosis can not be determined only in a single examination, but requires the observation time and re-examination. 2. methods method used is the approach the problem in socio-juridical means to describe and illustrate the problem under the provisions of the law and the facts of the applicable law in the wider community as well as the existing problems are discussed based on the fact that occur in society. the primary data obtained directly from the parties concerned with writing materials, including: officials of the relevant agencies. secondary data were obtained from agency documents related to the research, literature books, laws that are relevant to the issues discussed and the literature data. data coming from the parties concerned with the issues discussed were collected through interviews, whereas the data obtained from the document institutions associated with research materials, books of literature and literature data collected by the recording is then combined with legislation that is relevant to the issues discussed. data analysis was done by descriptive analysis is to describe and illustrate the data relevant to the issues discussed in the writing of this article and combined with regulations applicable law so that the results are scientifically justifiable. 3. conclusions 3.1. setting criminal law against crime of abortion in indonesia criminal law basically abortion (abortion) which qualify as acts of crime or criminal offenses can only be seen in the criminal code although in act no. 36 of 2009 on health also contains sanctions against a crime of abortion. penal code regulate various crimes and offenses. one crime regulated under the criminal code is a criminal abortion issue. provisions concerning a criminal abortion can be found in chapter xiv of book ii of the criminal code concerning all crimes against life (in particular articles 346-349). the formulation of more to these articles: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 69 article 299: 1. whoever willfully treating a woman or tell him so treated deliberately tell or incurred hope, that due to the treatment that the pregnancy can be terminated, threatened imprisonment of four years or a fine of three thousand rupiahs , 2. if the guilty do so for profit or to make such actions as search or habit or if he is a physician, midwife, or interpreter of drugs, plus a third criminal. 3. if guilty, committed the crime in carrying out the search, the inalienable right to conduct a search. article 346: a woman who intentionally abort or shut down abortion or tell others to it, subject to imprisonment for a maximum of 4 years. article 347: 1. whoever willfully abort or lethal womb of a woman without her consent, punishable by a maximum imprisonment of 12 years. 2. if the act results in the death of the woman, because the maximum imprisonment of 15 years. in the criminal code is not given an explanation about the definition of the content itself and provide a clear sense about abortions and kill (disable) the content. thus we know that the criminal code only regulates abortion provocatus criminalist, where all types of abortion is prohibited and not allowed by law for whatever reason. setting provocatus abortion in the criminal code that is contrary to the legacy of the dutch period the legal and political foundation is "to protect the people of indonesia and to promote the general welfare based on pancasila and the 1945 constitution because provocatus an abortion without exception". it is considered very burdensome medical community who are forced to have an abortion provocatus to save the lives of the mother who had been the exception beyond the law. an example is the application of article 349 of the criminal code, if this article is applied absolutely, then the doctors, midwives, nurses, medical and others can be accused unlawful and threatened with imprisonment. though they could have an abortion provocatus to save the life of the mother. therefore it takes to rule the new legislation containing a high aspect legal protection for medical workers to perform their duties. the need for new legislation are fulfilled in act no. 36 of 2009 on health. in the development of legislation on abortion or abortion provocatus criminalist can be found in act no. 36 of 2009 on health. if article 299 and 346-349 of the criminal code there is no organized the abortion issue provocatus (especially criminal law) is jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 70 merely set and explain. this principle serves to explain the effect of article 75-78 when it should be confronted with the articles of the criminal code that regulate the issue of abortion provocatus. see the formulation of article 75 of law no. 36 year 2009 on health is clearly apparent that the law prohibits abortion except for the type of abortion provocatus therapeuticus (abortion for mental help mother and / or fetus). in medicine abortion provocatus medicinalis do if the life of the mother is in danger of death and can also be done if a child will be born is expected to experience a severe disability and indicated can not live outside the womb, eg fetal disorder ectopia kordalis (fetus will be born without walls chest so it looks heart), rakiskisis (fetus will be born with an open spine without leather covered), and anencephaly (a brain of the fetus will be born without large). in the health care legislation has also arranged on abortion conducted by the rape victim that indicated may cause psychological trauma for the mother. if the health legislation that is long not loaded specifically about abortion for victims of rape, giving rise to debate and interpretation in various circles. with the health law's new then it is undisputed about legal certainty because there has been a clause that specifically. based on the description above can be concluded that article 75 of law no. 36 year 2009 on health regulates provocatus abortion is allowed in indonesia, namely abortion provocatus or medical indication or medicinalis.if we analyze further, the rules are different from each other. penal code provocatus recognize abortion ban without exception, including abortion provocatus medicinalis or abortion provocatustherapeutics.but the law no. 36 year 2009 on health actually allow abortion provocatus medicinalis with specifications therapeutics. in the context of criminal law, there was a difference between the old law (the criminal code) by legislation new. though the legislation here apply the principle of "lex posteriori derogate legi priori". this principle assumes that if enacted new regulations to not repeal the old rules that govern the same material and both are conflicting with each other, then the new regulation to defeat or cripple the old regulation.9 thus article 75 of law no. 36 year 2009 on health that regulates abortion medicinalis provocatus can still apply in indonesia, although the actual rules are different from the formulation of criminalists provocatus abortion under the criminal code. 9 basri hasnil siregar, indonesia introduction tolaw,law study group publisher and public law faculty usu, medan, 1994, p. 53. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 71 applicability of principle of lex posteriori derogate legi priori is actually one of the government's efforts to develop criminal law in indonesia. many of the rules of the criminal code that in special circumstances no longer relevant to be applied at the present time. to overcome the disadvantages of the criminal code of the government passed health care legislation in the hope of providing an atmosphere conducive to the dynamics of the indonesian community at the present time. the principle of lex posteriori derogate legi priori is a legal principle that developed throughout the legal field. one thing that is the excess of the articles of abortion provocatus act 36 of 2009 on health is a criminal provision. criminal sanctions against the perpetrators given of abortion provocatus criminalis much heavier than a similar penalty of the criminal code. in article 194 of law number 36 year 2009 on health punishable offense is imprisonment of ten (10) years. while in the criminal code, a criminal who threatened a maximum of only four (4) years imprisonment or a fine of three thousand rupiah (article 299 of the criminal code), a maximum of four (4) years of imprisonment (article 346 of the criminal code), not later than twelve (12) years of imprisonment (article 347 of the criminal code), and a maximum of 5 (five) years and 6 (six) months imprisonment (article 348 of the criminal code). criminal provisions regarding abortion provocatus criminalis in health legislation is considered good because it contains general and special prevention to reduce the number of abortions criminalist crime. by feeling the penalty of such severity that it was expected that the abortion be deterrent and not to repeat his actions, in this case the legal world is referred to as special prevention, which is the effort to prevent that abortion provocatus criminalist not repeat his actions(roesli, heri, and rahayu 2017). while prevention is generally valid for citizens due to consider carefully before performing an abortion from the criminal penalties are very severe. general prevention and specialized prevention it is expected by the legislators to reduce to a minimum the number of crimes of abortion provocatus in indonesia. 3.2. impact on abortion and health psychic phenomena abortion is difficult to remove because there are many dark (disease society) among intercourse without marital status. though abortion has a very hazardous to the health of the perpetrators, both physical and mental health disorders. here we convey the dangers of abortion to health: 1. bleeding severe bleeding may cause someone loss of blood and if not immediately treated medically will lead to death. abortion can lead to the culprit (the pregnant woman) to bleed because the jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 72 cervix is torn wide open. abortion is an unnatural effort for out of cycle / track so it is very dangerous. 2. affected cancer risk for the perpetrators of abortion, know that this practice could create an increased risk of cancer, such as cervical cancer, cancer, ovarian, breast and other cancers. cervical cancer itself is a kind of cancer that 99.7% are caused by human papilloma virus (hpv) oncogenic, which attacks the cervix. this cancer usually will lead to bleeding in her vital organs, but the symptoms of this cancer is not seen until the cancer entered a stage further. hmmm, how dangerous abortion for health. 3. causing infection many people who have an abortion using medical devices that are not sterile and there are a lot of bacteria that is a potential cause of infection in vital organs and other internal organs. infection itself is not only possible because not sterile medical devices but can also because there may be parts of the fetus left inside the uterus. and this is often overlooked by abortion. 4. the risk of death deaths due to abortion is often the case, because it is generally the perpetrators only think of how to abort without thinking about his health. often the perpetrators of abortion who died because of bleeding, infection or other human error. 5.risk of preterm birth premature only because of the will of god and disorders, but can by abortion. in general, after an abortion then in the next pregnancy will give birth prematurely abortion. in the case of abortion there is the effect of abortion. the effects of abortion are divided into two, namely: 1. short-term effects ● of intense pain ● leak occurred uterine ● bleeding a lot ● infection ● section baby left inside ● shock / comma ● destructive other organs ● death 2. long-term effects ● unable to get pregnant again jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 73 ● miscarriage gynecology ● tubal pregnancy ● premature birth ● symptoms of inflammation of the pelvis ● hysterectom abortion risks abortion have prolonged suffering risk to health or safety of a woman's life. health risks for women who have abortions health and safety risk for physical and psychological disorders following a health risk and the risk of psychological disorders in women who have abortions health risks ● sudden death due to severe bleeding. ● sudden death due to anesthesia failed. ● deaths were slow due to a serious infection around the womb. ● a torn uterus (uterine perforation). ● damage to the cervix (cervical lacerations) which will lead to defects in subsequent child. ● breast cancer (due to an imbalance of estrogen in women). ● ovarian cancer (ovarian cancer). ● cancer of the cervix (cervical cancer). ● liver cancer (liver cancer). ● abnormalities of the placenta (placenta previa), which will lead to defects in subsequent children and severe bleeding during subsequent pregnancies. ● being sterile / not able to have children again (ectopic pregnancy). ● pelvic infection (pelvicinflammatory disease). ● infection of the lining of the uterus (endometriosis) the process of abortion is not just a process that has a high risk in terms of health and safety of a woman physically, but also has a very great impact on the mental state of a woman. this phenomenon is known in psychology as "post-abortion syndrome" or pas. these symptoms are noted in the psychological reactions after abortion reported in the publication. basically, a woman who abort will experience things like the following: 1. loss of self-esteem 2. screaming hysterically jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 74 3. nightmare many times regarding the baby 4. want to commit suicide 5. start trying to use illegal drugs 6. can not enjoy sexual relations outside matters foregoing the women who have abortions will be filled with feelings of guilt are not lost during the years of his life. based on the data found that 50% of women who undergo abortion will experience emotional trauma or psychological trauma. some of the characteristics of the psychological trauma is sadness deep, depressed, angry, afraid to open up, do not feel ready to get pregnant again, nightmares, occurring sexual dysfunction, cold, increased use of alcohol and drugs, eating disorders, anxiety , pictured continue the process of abortion back, even to suicide. deep depression for the loss is common in mothers who lost their babies from abortion. 3.3. setting the future crime of abortion in the context of criminal law revision in indonesia child protection efforts need to be done as early as possible, in from the fetus in the womb until the child is aged 18 (eighteen) years. based on the conception of the child protection intact, thorough and comprehensive, this law laid the obligation to provide protection to children based on the principles of non-discrimination, best interests of the child, the right to life, survival and development and respect for the views of the child. in doing coaching, development and protection of children, it should be the role of the community, whether through child protection agencies, religious institutions, nongovernmental organizations, community organizations, social organizations, businesses, media, or educational institution. definition of a child, child protection and child rights respectively given in article 1 number 1, number 2, and number 12 of the law no. 35 of 2014 on the amendment of act no. 23 of 2002 on child protection. article 1 point 1 determines that: "the child is a person under 18 (eighteen) years, including the unborn child". article 1 paragraph 2 specify: "child protection is all the activities to ensure and protect children and their rights in order to live, grow, develop and participate optimally in accordance with human dignity, and protection from violence and discrimination". article 1 paragraph 12 that: "children's rights are part of human rights which must be guaranteed, protected and fulfilled by parents, families, communities, governments and the state". jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 75 from the general description and definitions of the above can be note that the rights of the child in the womb or fetus is a part of human rights which must be guaranteed, protected and fulfilled by parents, families, communities, government and the state in order to live, grow, thrive and participate optimally in accordance with human dignity, and protection from violence and discrimination as defined in article 2, article 3 and article 4. article 2 determines: "the implementation of child protection based on pancasila and the constitution of the republic indonesia year 1945 as well as the basic principles of convention on the rights of the child include: non-discrimination, best interests of the child, the right to life, survival and development, and respect for the views of the child ".10 article 3 specifies: "child protection aims to ensure the fulfillment of children's rights in order to live, grow, develop and participate optimally in accordance with human dignity, and protection from violence and discrimination, in order to achieve quality of indonesian children, morals noble and prosperous ". article 4 states that: "every child has the right to live, grow, develop and participate fairly in accordance with human dignity, and protection from violence and discrimination". 4. conclusion abortion is a public health problem because an impact on maternal morbidity and mortality. as we know the main causes of maternal deaths are haemorrhage, infection, eclampsia. but in fact abortion is a leading cause of maternal death, only appeared in the form of complications of bleeding and sepsis. however, maternal mortality due to abortion complications often do not appear in the reports of deaths, but reported as bleeding or sepsis. it happened because until now, abortion is still a controversial issue in society. on the one hand, abortion is illegal and prohibited by religion, so people tend to hide abortion, on the other hand abortions occur in the community. this is evident from the news written in the newspapers about the occurrence of abortion in society, besides easily obtained herbs and medicines and quack massage laxative for those who are late coming months. abortion is generally divided into spontaneous abortions and abortion provocatus (artificial). abortion provocatus (artificial) is the legal aspect can be classified into two, namely abortion provocatus terapeticus (artificial legal) and criminalist provocatus 10 mardjono reksodipuro, legal reform: abortiongynecology,ministry of health, set of manuscripts scientific in thesymposium,jakarta, 2014, p. 47-48. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 76 abortion (illegal artificial). in indonesian legislation, regulations on abortion contained in the two laws, namely the code of criminal law and health law. in the criminal code and health act set penalties abortion (abortion, not mentioned about the type of abortion), whereas artificial abortion legal (or medicinalis terapeticus), set in the health act. appreciation and practice of the profession oath and code of conduct of each health worker, may indirectly reduce the occurrence of artificial abortion illegal, even more if followed by an exploration and understanding of their respective religious teachings. references achadiat charisdiono, dynamics ethics and legalmedicine,medical books, jakarta, 2007, p.12. abdul jamil, psychology inlaw,armico, jakarta, in 1984, hal.118. moses perdana kusuma, chapters about forensicmedicine,ghalia indonesia, jakarta, in 1981, hal.192. kamisa, complete dictionary indonesiankartika, surabaya, 1997. hasnil basri siregar, indonesia introduction tolaw,law study group publisher and public law faculty usu, medan, 1994, p. 53. mardjono reksodipuro, legal reform: abortiongynecology,ministry of health, set of manuscripts scientific in thesymposium,jakarta, 2014, p. 47-48. nugroho, bastianto. 2018. “analisa hukum tindak pidana perdagangan orang (human trafficking).” jurnal bina mulia hukum 2 (1). https://doi.org/10.23920/jbmh.v2n1.7. roesli, m, asep heri, and siti rahayu. 2017. “authority of land procurement committee in the implementation of compensation for land acquisition.” yurisdiksi: jurnal wacana hukum dan sains 10 (2):46–59. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 rehabilitation for addicts for victims to spike narcotics in the penal system priambodo adi wibowo 1, sinarianda kurnia h 2, faculty of law legal studies program 1,2merdeka university surabaya email: adi_12ham@yahoo.co.id abstract: ratio decidendi in the decision for the rehabilitation of drug addicts is the judge considering the health condition of drug addicts in the decision making. the health condition of drug addicts known by requesting information from the doctors associated with the disease and how to handle. in addition to the health of drug addicts, the ratio decidendi in the decision on rehabilitation is to meet the criteria that addicts are victims, the abuse of drugs for themselves, not dealers, and personal possession of drugs. ius constituendum as criminal law aspired are calls for legal protection to drug addicts. legal protection is realized by way of clarifying the characteristics of drug addicts as victims that distinguishes between addicts with dealers, as well as clarify the ownership category. legal protection is also realized by providing a sufficient rehabilitation in human resources, facilities and systems. recommendations from the results of this study are setting penalties for abusers of drugs should be revised and lead to aspects of treatment for drug addicts, which is realized with the rehabilitation of drug addicts as an attempt depenalitation. this is consistent with the concept of self-victimizing victims. bnn, ministry of health, ipwl and communities should participate actively in the implementation of rehabilitation by building institutions of rehabilitation. keywords: rehabilitation, drugs, drugs abuse victims 1. introduction narcotics drugs abuse is caused by three (3) major factors including illicit drug production, illicit trafficking), and drug abuse1. narcotics abuser is defined as those who use narcotics unlawfully. it is referred to in article 1, paragraph (15) of law number 35 year 2009 on narcotics (official gazette of the republic of indonesia year 2009 no. 143. additional gazette of the republic of indonesia year 2009 number 5062, hereinafter referred to as the law on narcotics) which determine that "abuser to is people who use narcotics without authority or unlawfully". thus, legally the offender for narcotics is a criminal offender who can be convicted. law on narcotics provides the classification of narcotics abuse in 5 (five) forms, i.e growers, distributors, producers of narcotics precursors, users, and addicts. each form has dimensions which include characteristics of the offender, the nature of the perpetrator, and the impact of factors that accompany or different triggers. for grower, distributor, and 1 siswanto s., politik hukum dalam undang-undang narkotika (uu no. 35 tahun 2009), rineka cipta: jakarta, 2012, p.1. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 manufacturer, death penalty can be imposed to them. in contrast to narcotics addicts, a legal decision may be a prison or rehabilitation verdict.2 differences in the legal handling of each form of drug abuse is part of the arrangement in the criminal law of a specific nature3 hence, the man behind the gun4 is necessary to prevent and cope with holistic narcotics abuse5. in accumulative recent report (annual) issued by the united nations (un) through affairs agency narcotics and drugs (unodc), 5% of the total world population have ever tried drugs, and now there are about 27 million people become addicted accompanied by social problems use of narcotics. the southeast asian region is the largest producer of the increasing number of drug addicts, especially in myanmar, laos, vietnam, cambodia and thailand. now, the area is expanding (expanding) to other countries like indonesia6. normatively, explanation of narcotics law article 56 states that rehabilitation of narcotics addicts is conducted in aiming to restoring and/or develops physical, mental, social ability of the respected patients. rehabilitation for users are divided into two, namely medical rehabilitation and social rehabilitation. medical rehabilitation is an integrated process of treatment activity to relieve addicts from narcotics dependence. while social rehabilitation is a process of recovery activity in an integrated, physical, mental and social, hence, ex-drug addicts can re-implement social functions in public life (article 1 numbers (16) and (17) narcotics law). sholehuddin in sanctions in the criminal code systems7 suggests that the use of a double track system in criminal law raises many ambiguities, especially forms of this type of sanction measures and additional types of criminal sanctions. similarly, rehabilitation is the main purpose of this type of sanction/treatment measures for narcotics addicts. while it has a special feature in the process of resocialization of the perpetrators, it is expected to restore social and moral quality of the addict in order to integrate within the community. however, this is proved less effective at fixing a criminal as it is considered too spoiling. cs lewis states the double track system or suffering reproach elements and elements of coaching to be 2 muntaha, juridical aspects of narcotics abuses amongteens,pulpit lawjournal,vol. 23, no. 1 / feb.2011, p. 210-220. 3 romli atmasasmita, theory & capita selectacriminology,refika aditama: bandung, 2005, p. 2. 4 the point is that the effectiveness of law enforcement in order to narcotics abuse scope depends on the behavior of law enforcement officers who seriously carry out its duties and authorities, as mandated in the act. narcotics. 5 heru is permana, political crime, atma jaya press: yogyakarta, 2007, p. 60. 6 abc radio australia, accessed via http://www.radioaustralia.net.au/indonesian/2012-0627/jumlah-pencandu-narkoba-di-dunia-mencapai-27-juta-orang/968332,on 8 september 2014. 7 sholehuddin, system sanctions in criminal law: the basic idea of double track system &implementation,king grafindo persada: jakarta, 2003, p. 29. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 equally accommodated in criminal legal system . this is the basic explanation that double track system requires the existence of equality between criminal sanctions and action sanctions8. andi wijaya rivai in his work penitentiary in law and social dynamics offer correctional approach as the primary basis of rehabilitation reintegration. correctional (in this case is penitentiary or prison) is an institution that performs the role to carry out guidance of inmates. implementation of convict prisoners coaching based on correctional systems has the purpose of providing an opportunity for inmates to reintegrate themselves into their environment. prisoners tend to have doubts whether they will be welcomed back into society. therefore, program in prisons will increase their awareness, improve their morals and ethics while they become prisoners or perpetrators of crime, thus that they can synergize with the environment according to the prevailing values and norms9. 2. philosophy of rehabilitation settings for narcotics addicts 2.1. ratio legis of narcotic addict rehabilitation setting according didik endro purwoleksono, the existence of criminal law is a prohibited act with the perpetrators subject to criminal sanctions. the existence of criminal law has a function as a protection against the interests of law and regulates the life of the community. the granting of such criminal sanctions is aimed at10 to: a. creates fear to the public so as not committing a crime. b. educate or repair person who committed the crime in order to have a good character that its presence can benefit the community. c. establish order, peace, prosperity, and peace in society. ted honderich suggested that punishment should contain 3 (three) elements, i.e : 1. punishment should contain some kind of loss (deprivation) or tribulation (distress) which are usually reasonably defined as the target of acts of punishment. 2. every punishment must come from a legally authorized institution as well. 3. the competent authority shall have the right to impose the punishment only on subjects who have been proven inadvertently violating any applicable law or regulation in their society. 8 ibid. h. 29. 9 andi wijaya rival, in the penal law and socialdynamics,institute for penal: jakarta, 2011, p. 23. 10 didik endro purwoleksono, criminallaw,airlangga university: surabaya, 2013, h.7 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 4. the purpose of punishment is to repair the damages committed by the crime of narcotics abuse, especially on narcotics addict through a middle way called rehabilitation as a dynamic punishment system. the conclusions are in accordance with the opinion of the lhc hulsman in the sentencing system is the statutory rules relating to penal sanctions and punishment which states that the dynamic properties containing values in a society about what is good or bad, what is moral and what is immoral and what is allowed and what is forbidden. in short, andi hamzah11 gives meaning and conviction of the criminal system such as the arrangement of (criminal) and means (criminalization). the criminal philosophy contains the basic ideas (thought) of concept of punishment which clarifies the understanding of the nature of punishment as the responsibility of the legal subject to criminal acts and public authority to the state based on the law for committing a crime. the purpose of the appointment of the problem of punishment into philosophical thought is to seek a defensive account of punishment and find a more developed moral answer in overcoming difficulties with one or more objectives of punishment12. in addition, the concept of punishment through philosophical thought also has a function, namely: a. fundamental function, namely as a foundation and normative principles or rules that provide guidelines, criteria, or paradigm on criminal matters and punishment. b. theoretical function, that is, as the underlying meta-theory behind every theory or concept of punishment. there are three (3) theories of goals established by the utilitarian theory as interpreted by yong ohoitimur, they are first, punishment and deterrent effect (deterrence) and second, criminal prosecution as rehabilitation. the goal considers that punishment is a way to achieve reform or rehabilitation of the convicted person, and third, criminalization as a vehicle for moral education. the occurrence of criminal acts of narcotics abuse on narcotics addicts is caused not only by external factors, but also influenced by factors originating from victims of the crime itself (internal). as discusses in the previous chapter, there are three (3) factors that 'trigger' a person to perform abuse of narcotics. the factors include environmental factors, and the availability of narcotics.13 11 ibid,p. 105-106 12 lhc hulsman, the dutch criminal justice system from a comparative legal perspective in dc fokkema (ed), introduction to dutch law for foreignlawyers,(kluwer deventer, the netherlends, 1978), p. 320, check in barda nawawi, opcit,p. 129. 13 13 andi hamzah, crime and punishment indonesian system of levies to thereformation,pradnya paramita: jakarta, 1986, p. 1. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 opinions that consider criminal offenders need not be penalized are underpinned by philosophy of determinism and indeterminism. determinism states that people do not have free will to do in doing an act because driven by factors that exist in him, such as talent, abnormal soul and so forth, and factors that exist outside him, such as the state of society, economic conditions and so forth14. related to addicts as victims of abuse, they cannot be blamed for his actions and cannot be subject to criminal. therefore, it is not a criminal charge that should be imposed on him. instead, what is needed is treatment measures aimed at improving. on the contrary, the view of indeterminism holds that human beings basically have free will, albeit somewhat influenced by factors from within or from outside themselves so that the person is deemed to be able to determine his will.15 parasian simaungkalit translates them as actors who become victims of their own actions or also called as mutual victimization16 . o'donnell calls such concepts as selfvictimizing the victim or crime without victim is a person who committed a crime without a victim to his own conscience17 . narcotics addicts are essentially unlawful acts and may be subject to criminal sanctions. narcotics addicts are essentially unlawful acts and may be subject to criminal sanctions. as catherine elliot and frances quinn in their work of doctrine "criminal law" states that an unlawful act is considered as an element of any criminal offense, as a result of two (2) elements, namely the element of the actus reus (physical element) and the element of mens rea (mental element )18. actus reus is an element of delicacy, while mens rea including the manufacturer's accountability. element actus reus is the essence of the evil itself or the deed done, while the mens rea is the inner attitude of the offender at the time of doing the deed. packer19 stated that actus reus and mens rea is a decisive principle that a person who commits a criminal offense cannot be directly punished despite having committed a crime and fulfill the elements that exist. criminal offenses committed shall be reviewed from the aspect of the actus reus and mens rea. 14 ibid,p. 80 15 yong ohoitimur, theory ethics on legalpunishment,gramedia pustaka utama: jakarta, 1997, p. 17-23. 16 kusuma buana foundation (nd). stds hiv / aidscondom,buana foundation leafletunfpa. op.cit 17 bambang poernomo, principles of criminallaw,ghalia indonesia: jakarta, 1993, h.142. 18 ibid. 19 parasian simanungkalit, globalization circulation of drugs and abatement inindonesia,yayasan reasonable life: jakarta, 2011, p. 6. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 from the above description, the narcotics addict is also an act against the law. this is because the narcotics addict fulfills two elements, offense and criminal liability. additionally, narcotic addicts also fulfill essentially the evil itself or the deeds performed, and the inner attitude of the offender at the time of doing the deeds, also done consciously. based on the actus reus element and mens rea narcotics addict is also a criminal offender. narcotics act in the explanation of article 54 of the narcotics act stipulates that narcotics addicts are victims of abuse the narcotics 'unintentionally using narcotics for being persuaded, seduced, tricked, tricked, coerced, and/or threatened to use narcotics.' the term victim translated by the positivistic paradigm provides a form of understanding of the crimes listed in the criminal code. the victim is the result of a prohibited act based on the concept of a positive law existing, beyond the existing formula, the construction of an understanding of the victim is not acceptable20. assessment of victim's protection can be performed legally and based on two legal issues: protection of potential victims (that people do not become victims) and protection of actual victims (concrete protection) . stanciu, as quoted by m. arief amrullah, states that victim is one who suffers and experience injustice. thus there are two fundamental properties, pain and injustice. it is apparent there is an element of victims creates perception that category of victims on abusers of narcotics is not only in the formulation of concrete standard rules of criminal law, but concept of victim (including addicts who are in fact victims of drug). victim is not only drug addicts; there are other parties who also become victims including community and the state. retributive and relative theories have given a new clause that rehabilitation is an act of treatment for victims of abuse of narcotics, particularly on drug addicts who are considered dynamic. this enables socialization for perpetrators and expected to restore social and moral quality of a person to be able to integrate in society. on this basis, a double track system requires that the coaching elements are equally accommodated in the system of criminal law sanctions. this is the basic explanation of why rehabilitation of double track system demands equality between criminal and action sanctions. treatment theory states that rehabilitation is a process of integrated treatment activities to free addicts from dependence . the purpose of treatment as a form of decision is considered 'proper' directed at criminals, not on deeds. jeffery in criminal policy pointed out a person’s 20 tim o'donnell, american holocaust: the price of victimless..., op. cit, p. 9: ...victims that the victims are no longer of sufficient personal worth as a citizen that a key be allowed the legal right of all citizen ... made hate crime victim without persecution is often the confiscation of the victims life ... yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 action is not only be seen from the juridical aspect alone regardless of the person who did it, but influenced by the nature of his personal, biological, and environmental factors. accountability of the manufacturers is more on action (treatment) to protect public interest. sian & panggabean studies in penitensia law in indonesia suggests that theory of social defense rooted in the indefinite sentence system which satisfy one selves on modification of doctrine of freedom affair and doctrine of criminal responsibility. conclusion of the 4th un congress in 1970 indicates that punishment system derived from social defense idea is going to be considered in connection with humanistic approach in the use of criminal sanctions for the purpose of social defense itself. this conception of social defense includes two (2) main conclusion, they are: a. criminal law should be maintained as one of social defense means in the sense of protecting the public. b. in accordance with the politics of criminal law, the purpose of punishment based on the theory of social defense should be directed towards the protection of the welfare of society as well as the balance and harmony of life in society. 2.2. essence and purpose of rehabilitation for narcotics addicts rehabilitation for narcotics addict is forth in law on narcotics as regulated in articles 53 to article 59 related to treatment and rehabilitation, articles 109 to 110, related to respect and participation of the community. rehabilitation arrangements for narcotics addicts may include social rehabilitation as well as medical rehabilitation. government and society possess possible role to help prevent and combat smuggling and illicit trafficking and precursors of narcotics. for medicine and medical indications, doctor can give class ii or iii narcotics in a limited number of patients (article 53). as for addicts and victims of abuse, they are required to undergo medical rehabilitation and social rehabilitation in accordance with article 54. the formulation is required for setting rehabilitation is for addicts and patients or medication. further elaboration of terminology of rehabilitation arrangement in narcotics law includes: a. medical rehabilitation (article 1 number 16) it is an integrated process of treatment activity to relieve addicts from narcotics dependence. medical rehabilitation is carried out in hospitals designated by ministers, rehabilitation agencies, able to rehabilitate with approval. b. social rehabilitation (article 1 point 17) is a process of recovery activities in an integrated, both physical, mental, and social, that former of narcotics addicts can re-implement social functions in community life. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 c. narcotics addict (article 1 number 13) a person who uses or misuses narcotics and in a state of dependence on narcotics, both physically and psychologically d. victims of narcotics abuse (explanation of article 54) is someone who unintentionally uses narcotics for being persuaded, tricked, cheated, coerced, and/or threatened to use narcotics. in special committee draft on narcotics in “discussion of narcotics act overview by the house of representatives by abri fraction, djorali purba proposed his idea. according to him, there are some main points of thought as main discussion of the narcotics bill, they are: a. narcotics law must be able to create a common perception of dangers of narcotics abuse, and its causes and effects on individuals and society, as well as on the nation and state; b. narcotics law should be able to prevent, stop, and at the same time eradicate all forms of illicit trafficking of narcotics, and together with the international community striving to tackle the problem; c. narcotics law should be able to provide guidance to the community without discriminating status and position, in order to ensure the creation of legal certainty with the essence of truth and justice in its participation in fostering the embodiment of national discipline; d. narcotics law must be able to sanction the violators of narcotics crimes whether committed individually, in groups or syndicate networks, on a national or international scale, so that the weight of repressive actions attached to the act is capable of producing more realistic psychological effects for preventive facilities; e. narcotics law should be able to ensure the continuity of procurement of narcotics legally which is urgently needed for the benefit of health services and the development of science; and f. narcotics law should be able to guarantee the implementation of treatment and rehabilitation efforts for patients who become victims of narcotics abuse. basic thoughts that became the main discussion of the bill of material of narcotics in particular f, has been translated in article 4 letter d narcotics act. in essence, abusers and drug addicts are punished, but if the person committed a crime until the imposition of a ruling by a judge it is guaranteed by the law on access to rehabilitation, hence they can be relieved. the government is also obliged to prepare rehabilitation resources to restore and social reintegration so that they can return to live a normal life yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 the provision of rehabilitation decisions for narcotics addicts can be identified through those who have the authority to issue a rehabilitation verdict. the first authorized party can be seen from the role of judge as the primary authority holder in the imposition of sanction punishment of narcotics crime, on the other hand there is also the role of investigator and public prosecutor in making the indictment. for that we need to understand how the provisions of the narcotics act authorizes the finalization of criminal cases related to abuse of narcotics in three (3) institutions of law enforcement officials, the judge, investigators and prosecutors and bnn investigators . first, the role and functions of authority to impose sanctions sentencing verdict for defendant. the authority ownership is judge role associated with the imposition of criminal convictions based on justice, which is based on the law. second, the big role of investigator and prosecutor in terms of making the indictment and arrest perpetrators of criminal acts narcotics (article 21 paragraph (4) subparagraph (b) criminal code). third, the role of bnn investigator that while provide some authority, whether authority in the subject of prevention to the authority of the prosecution. referring to the provisions of article 13 paragraph (3) and (4) of government regulation number 25 year 2011 concerning the implementation of reporting obligation of narcotics addict that the placement in the rehabilitation institution as paragraph (3) is the authority of the investigator, after obtaining the recommendation from the doctor team. related to the process of settlement of narcotic criminal cases, especially the authority of the placement of narcotics misuse, we can know that based on article 103 paragraph 1 letter (a) and (b) that for narcotic addicts who have not or have not been proven to commit misconduct then the relevant placement to undergo treatment through rehabilitation is by judge determination. as for narcotics addict as a victim of narcotics abuse proven to conduct narcotics misuse, the placement concerned to undergo treatment and through rehabilitation is by judge's verdict. this provision is in accordance with the explanation of article 21 paragraph (4) letter b kuhap in principle regulate the investigator and prosecutor for the purpose of investigation and prosecution authority to detain a suspect or an accused drug addict at the point of care in this case in rehab, but the authority to place the detention of the suspect or the defendant shall be through the determination or verdict of the judge as set out in article 103 of the narcotics law. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 27 2.3. narcotic addict rehabilitation based on restorative justice topo santoso stated that the concept of restorative justice is created because justice sector created many unfair decisions. victims frequently do not receive attention and their rights are not met. restorative justice is an alternative in punishment as well as an important part of the reform of criminal law. black's law dictionary gives the sense that restorative justice is an act of recovery, returns to its original state for someone who commits an act which has a negative impact, the act of making good or giving equality for any loss, damage, injury to compensation. bagir manan, as quoted by dewi, elaborates the substance of restorative justice principles, they include: 1. establish joint participation between perpetrators, victims, and community groups to complete an event or a crime. 2. place perpetrator, victim, and community as "stakeholders" who work together and immediately tried to find a settlement that is perceived to be fair to all parties (win-win solutions) ". legal experts have introduced the formula of justice, especially in the enforcement of human rights, that there are three (3) aspects of approach to build a legal system to modernize and update law, in terms of the structure, substance and legal culture, all of which run in integral, simultaneous and parallel. restorative justice is on the whole tahapa ncriminal justice system both at the level of investigation, prosecution, judiciary and correctional services. the concept approach restorative justice is an approach that is more focused on the conditions of creating justice and balance for the perpetrators of criminal acts and their own victims. restorative justice can be performed by diversion, mediation and so forth. diversion can also be described as a system in which the facilitator organizes the dispute process of the parties to achieve a satisfactory solution as restorative justice. restorative justice can also be performed with mediation. judicial process can be performed by completion according to the principles of restorative justice. from the position of the defendant and victim, restorative justice is a form of mediation that aims to achieve a "win-win solution" as in a civil case. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 28 moreover, in the context of restorative justice to abusers of narcotics can be done in criminal system that adheres to the double track system. double track system in indonesia as criminal sanctions and criminal prosecution system is a system of sanctions in criminal law which is not only loaded with criminal sanctions but also action sanctions. sholehuddin argues that the development of criminal law beyond the penal code has accepted the concept of expansion of sanction such action, thus legislation policy practices has spawned criminal law beyond the criminal code. characteristics of restorative justice is to make offenders accountable for repairing the harm caused by guilt; provide an opportunity for offenders to prove their capacity and quantity in addition to overcoming constructive guilt; involving victims, parents, extended families, schools and close friends; creating forums to cooperate in solving the problem; establishing a direct and tangible connection between error and social reactions. restorative justice is on the whole stages of criminal justice system at the level of investigation, prosecution, and judicial and correctional. in conventional criminal proceedings, for example if there has been a reconciliation between the offender and the victim, and the victim has forgiven the offender, it will not affect the authority of law enforcement to continue to carry forward the case to the criminal sphere which later led to the sentencing of criminal offenders. formal criminal process time consuming and does not provide certainty for offenders and victims would not necessarily meet or restore the relationship between the victim and the perpetrator, the concept of restorative justice offers a recovery process that involves the direct perpetrators and victims in the settlement of the problem. conventional criminal process only makes the victim later as a witness in the court level that does not significantly affect the decision of punishment, the prosecution task is still given to the prosecutor who only receive the files of investigation to further processed into the basis of prosecution, without knowing and understanding the condition of the problem in real terms, and the offender is in the "chair prisoners" are ready to accept the punishment to be inflicted upon him. liebmann simply translate the concept of restorative justice in legal system framework that came collectively to address the offense and its implications for the future, the aim is none other than to restore the welfare of the victim, the offender and the community damaged by crime, and to prevent the violation or crime furthermore. liebmann put 4 (four) the principles of restorative justice as the reference fundamental in the recovery efforts for victims and perpetrators, they are: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 29 1. maintaining perpetrators directly responsible for the victims and the affected communities; 2. requires the perpetrator to be responsible for correcting the damage that has been caused in the same degree as before the damage occurred; 3. providing an opportunity for the victim to have access to court proceedings and corrections, also granting the victim permission in determining the obligations that the perpetrator must perform; and 4. encourage the community to be involved in providing support to the victims, ensuring the implementation of obligations by the perpetrator, and providing opportunities for the perpetrator to integrate in the community. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 in the case of narcotics addicts that focus on fairness efforts involving perpetrators, victims, families, and other related parties in a criminal act, collectively settlement of a criminal offense on narcotics and its implications is searched, emphasizing restoration to its original state rather than retaliation. by understanding the concept of restorative justice mentioned earlier, there are at least 3 (three) rationale on the importance of rehabilitation of narcotic addicts. they are: a. that narcotics addicts and the public are those who are affected by the acts of the perpetrators of the criminal acts of narcotics abuse, therefore doing the improvement is a necessary thing to do; b. develop responsibility answer or liability of the perpetrator of abuse narcotics against victims (narcotics addicts) and communities; and c. the existence of healing or recovery process, either healing the victim or the perpetrators of narcotic crime. healing of the perpetrator is intended to avoid the occurrence of recidivism. based on the study of exposure in advance, it can be argued that restorative justice allows existence legal decision ideal for narcotics addicts. because the real imprisonment is not decision best in treating narcotics addict. imprisonment can lead to the internalization of the negative values of prison by narcotics addicts; even prisons are often identified with high school crime. therefore, restorative justice can be a healing legal paradigm implemented on narcotics addicts so to help his life livelihood to play his role as a member of the family as well as a member of the community. 2.4. depenalization of rehabilitation arrangements the eu center coordinating data on drug policy, european monitoring center for drugs and drug addiction (emcdda), mention the difference between the definition "decriminalization "and" depenalization "as follows: "decriminalisation comprises removal of a conduct or activity from the sphere of criminal law. prohibition remains the rule, but sanetons toruse (and its preparatory acts) no longer fall within the framework of the criminal law. depenalization means relation of the penal sanction provided for by law. in the case of drugs, and cannabis in particular, depenalization generally signifies the elimination of custodial penalties.” decriminalization and depenalization are opposed to criminal and penalization. the term criminal is a synonym of evil. the term criminal is a term in law, whereas a crime is a violation of the law. salim as quoted by anwar riksono dian nugroho states that criminals are evil deeds that violate the provisions of legislation. criminal only applies to criminal acts, and does not yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 apply to civil. furthermore schaefer also stated that " a violation of criminal law for which some governmental authority applies formal penalties ". schaefer also explained that a criminal is a deviant act against a social rule drafted by a state committed by a person marc ancel argues that penal policy as a science as well as an art that ultimately has a practical purpose to enable the rule of positive law to be better formulated and to provide guidance not only to the legislator but to the courts applying the law along with the organizer or executive of the court decision. in general, the penalization policy is done through both penal and non-penal systems. the difference is that penal facilities focus more on repressive nature after crime or crime occurs, while non-penal facilities have preventive efforts before a crime occurs. depenalization is against certain acts that are seen as unlawful acts originally threatened with criminal sanctions and then penal sanctions or penalties against the act were omitted, but it was still possible to impose other sanctions, such as through administrative sanctions, social work, fines, note police, probation or other forms such as rehabilitation. in the depenalization process there is a tendency to surrender the disgraceful or anti-social acts to social reactions alone or to the institutional medical action. acts that include juvenile delinquency are addressed outside the criminal justice process. likewise, the act of adultery with economic social considerations into actions that are not subject to penal sanctions with depenalization process. in the concept of rehabilitation by the international world (the convention of interest or the so-called single convention narcotics 1961), rehabilitation is included in the form of decriminalization. the single convention of narcotics 1961 and the protocols changing it becomes the basis of the indonesian government in drafting law 9/1976 on narcotics. so the spirit is to treat drug abusers threatened with crime, but if it has been given alternative punishment in the form of rehabilitation and distributors who in a state of dependence is given access to rehabilitation by being sentenced to rehabilitation as an additional punishment. rehabilitation, which is based on principle restorative justice for narcotic addicts is not a decriminalization, but rather a depenalization effort. it is in accordance with the concept self-victimizing victims, namely the perpetrators of crime as well as being a victim or it could be called a crime without a victim. in addition, berbemin on marc ancel concept which has been described in the preceding paragraph, penal policies applied to narcotics abuse victims, especially for narcotics addicts are a penal system policy. substance can be seen as an act of punishment as an attempt punishment of the government through legislation related to the misuse of narcotics to perform treatment against the perpetrators of narcotic crime. such yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 matters can be seen from the imposition of criminal sanctions, fines and rehabilitation provided to the perpetrators of criminal acts narcotics. criminal justice process is the final solution if it is inevitable. in the process of, criminal negative sanctions are removed from the consequences of a behavior which is prohibited . in h al this is only qualification sanctions criminal offenses, while the nature of fighting or violating the law is still maintained. depenalizatio puts forbidden behavior obtain proper qualifications in the territory of the criminal law system, thereby reducing stigmatization and can prevent deviations from happening. penal policy setting should be concentrated: a. leads to applicative policies, i.e policies on how to apply current criminal law legislation to deal with issues narcotics and illegal drugs; and b. leads to the renewal of the criminal law (penal law reform), namely the policy of how to formulate the rules of criminal law related to the new criminal code concept especially in order to overcome the narcotic criminal acts in future. based on the description, rehabilitation in indonesia is a depenalization effort for addicts as victims abuser an narcotics. the main purpose of rehabilitation as a depenalization effort is so that victim addicts abuser an narcotics can recover from narcotic dependence. the findings in line with yong ohotimur's opinion that rehabilitation is performed because its the main purpose of action. rehabilitation is done as a step to restore the social and moral quality of a person in order to interact with other communities. depenalization is evident from the arrangements in the narcotics law as well as in other laws governing narcotics, essentially stipulating that narcotics addicts are unlawful acts, but if they do report, then the unlawful nature is lost. it is increasingly strengthen that rehabilitation is part of depenalisasi. here are the characteristics of depenalization in the rehabilitation of narcotic addicts in the criminal justice system: 2.5 addicts are considered to be narcotics abusers who principally commit acts against the existing law. this is because the narcotics addict meets two elements in the criminal law of the element actus reus which means that the narcotic addict meets the essence of the evil itself or the deed done, as well as the element mens rea namely the inner attitude of the addict at the time of doing the deed. provision of rehabilitation ensure legal certainty for addicts as victims of narcotics abuse . narcotic addicts will be processed through criminal procedure law , for addicts found guilty of committing a narcotic crime, judge will decide whether he or she is undergoing treatment through rehabilitation while for unconverted addicts do narcotics crime. judge will yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 determine that the person is undergoing treatment through rehabilitation the unlawful nature of narcotics addicts is ignored if he/she has been reported to ipwl that narcotic addicts are not prosecuted criminally. 2.5.comparison of criminal provisions for narcotics addicts in indonesia and in portugal on the basis of the provisions of the portuguese khup sanctions for narcotics addicts as set forth in the provisions of article 46c which states that the narcotics addict in the sanction of punishment is an administrative offense, so that sanctions are given the existence of a criminal a fine that can replace a short-term and stand-alone criminal penalty (independent sanction) or criminal law against an independent act of law in its claim and punishment. there is no provision concerning the length of general and general maximum that may be imposed in penal sanctions. each offense for the level of narcotic use for narcotics addicts has its own particular limits. however, there are mitigating factors, such as having paid for damages incurred; allowing the imposition of a criminal under minimum (articles 73 to 74 penal code). implicit provisions in the decriminalization regulations of narcotics users are governed by the portuguese narcotics law article 2 paragraph (1) which reads' the purchase, possession and use of narcotics for personal interest for 10 (ten) days is an administrative violation, if the ownership exceeds the 10) day then legally the owner of narcotics is a dealer. in other words, illegal use of narcotics is a strong ban. the impact of decriminalization in portugal is obvious, including: a. decreased use of narcotics in productive age; b. decrease in interest in narcotics use; c. decrease in figures in narcotics; and d. a certain amount to go through rehabilitation program. in portugal, the decline of drug abuse presents after applying the decriminalization of narcotics was. the small-scale use of illegal drugs has not been considered a criminal offense in portugal since 2001. the portuguese government's move to decriminalize drugs has been accompanied by a decrease in mortality rates over dose (od) in this country. data from the european center for drug control and control showed that there were only three cases of adult deaths over dose per one million citizens of portugal. this figure is very low when compared with death due over dose in another european country. the netherlands has a record of 10.2 death-related cases over dose per million of its citizens. while in the uk, there are 44.6 cases of deaths due to overdose per million of its citizens. death due over dose in estonia reached 126.8 cases per one million citizens. the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 average number of deaths caused over dose in the eu country is 17.3 cases per one million citizens. although abuse is decriminalized, the process of handling drug abusers in portugal remains through procedural law as usual. portugal implements rehabilitation as punishment by a court decision. therefore, addict is still being processed by the investigator, then by the prosecutor reinforced in the indictment to be decided by the judge with the punishment of rehabilitation. 2. decidended ratio in rehabilitation decisions based on analysis of cases against three decisions the criminal court already inkracht related to narcotics abuse namely pn decision number 13 / pid.b / 2013 / pn.sda. dated march 14, 2013 with defendant musliq bin iskan, pn decision no. 80 / pid.b / 2014 / pn.sda dated february 19, 2014 with defendant h. achmad yahya bin h. moch said and pn decision no. 339 / pid.sus / 2014 / pn.sda dated july 23, 2014 with defendant iswanto bin hery wibowo, judge's rehabilitation decision is based on the following matters, including: 1. pay attention to aspects of health . the verdict of rehabilitation which judges decide on narcotics addict is based on health condition proven by doctor's statement, either in written form or imported as an expert witness in court. the description of the expert doctor is really taken into consideration to determine the form of sanctions to be imposed. the doctor's description is important because narcotics problems are closely related to health. this can be seen from the use of narcotics which initially is for the benefit of health. these conditions further reinforce that the narcotics addict is a sick person who better imprisoned. this reality is conveyed by anang iskandar that a user of narcotics a experiencing the same conditions as a person with diabetes. according to him, the condition that causes the user must be supervised at the time of healing. repeated user of narcotics usually will easy re-looking for narcotics because he is still in sick condition. if a diabetic sufferer needs intensive care in a hospital, for a narcotic addict needs rehabilitation. judge, in his imposition of sanctions of rehabilitation for narcotics addicts restricted that abuser has been shown to have narcotics for its own sake . abuse for narcotics intended is a victim of narcotics abuse, is not a narcotics dealer. the situation becomes basic judge for no sever a prison sentence, but only yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 me rehabilitation. this is in accordance with the provisions in article 103, 127 paragraph (3) narcotics law, and number 2 letter e sema number 4 of 2010. article 103 determines that rehabilitation is a system that can be used as an action against narcotics abuse addicts. the following is the chapter 103 of the narcotics law which states that: (1) "the judge who examines the narcotics addict case may: a. terminate to order the concerned person to undergo treatment and / or treatment through rehabilitation if narcotics addict is found guilty of a narcotics crime; or b. determine to order the concerned person to undergo treatment and / or treatment through rehabilitation if narcotics addict is not proven guilty of a narcotics crime. (2) the period of treatment for narcotics addict as referred to in paragraph (1) letter a shall be calculated as a period of serving sentence. " article 127 paragraph (3) of narcotics law also regulates the same thing. victims of narcotics abusers are expressly required to be rehabilitated. here is the sound of article 127 paragraph (3) narcotics act stating that: in the case of abuse as referred to in paragraph (1) can be proven or proven as a victim of narcotics abuse, such abuse is obliged to undergo medical rehabilitation and social rehabilitation. in addition, the necessity of rehabilitation of narcotics addicts is also regulated in article 2 letter e sema number 4 year 2010, which determines that drug addicts must undergo rehabilitation as long as not included as a narcotics dealer. 3. the weight of narcotics proven to be abused by the defendant is below the standard of imprisonment. because of not having the requirement to impose criminal sanction of imprisonment, the defendant is subject to rehabilitation. this is as regulated in item 2 letter b of sema number 4 year 2010, which stipulates that one of the conditions of the offender for narcotics may be subject to rehabilitation is proven to use 1 (one) day s with various types, with the smallest type is narcotics petidin group at least 0.96 grams. if it is an error for narcotics abuse narcotics below (according to its type) then it cannot be imposed sanction of imprisonment, but enough with rehabilitation. 4. decision rehabilitation which the judge handed down to the abuser who is an addict as a victim of abuse narcotics is considered a form of sanction . this is based on article 103 paragraph (2) of narcotics law mentioning: the period of treatment and / or treatment for narcotics addict as referred to in paragraph (1) letter shall be calculated as the period of serving sentence. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 4. ius constituendum of narcotics addicts rehabilitasi 4.1. the concept of legal protection for narcotics addicts indonesian criminal law system adheres to double track system in its stelsel sanctions which means criminal sanctions and action sanctions are arranged at once. muladi in human rights, politics, and the criminal justice system said that modern criminal law characterized by the orientation of deeds and perpetrators (daad-dader straafrecht), stelsel encompasses not only criminal sanctions (straf, punishment) that is suffering, but also the order maatgregel, treatment) that are relatively more charged with education. reviewing the basic idea of a punishment sanction for narcotics addict, it can be seen that the basic nature of the sanction is whether it is a retaliatory response to a criminal actor, or an anticipative-preventive action. through the philosophy of punishment, it can discover the philosophical conception of who the narcotics addict is, so that it is permitted or not permissible to impose a sanction (criminal or action). while the theory of punishment, can understand for what rehabilitation for narcotics addict as a sanction imposed, whether to retaliate, denounce, educate or protect victims or society. with the sequence of understanding of the above exposure, then gave birth to 2 (two) legal protection of theoretical value. first , the existence of academic urgency to enlighten the fundamental differences in the classification of narcotics addicts as an exploit of narcotics abuse with other types of classifications categorized as narcotics crimes (such as distributors, importers, exporters, carriers, sellers, producers, and other types of acts) between penal philosophy (philosophical grounds) and the theory of punishment. a number of previous literature suggest that criminal law in the imposition of sanctions (criminal or acts) is often equated and used interchangeably for the same purpose. this subject is academically unfavorable because it will eliminate the essential difference of a philosophical idea and a theory. second , theoretically this research produced the theory of a sanction in law criminal that can be placed in a framework of thinking that is comprehensive and scientifically accountable. such is the key word to address the placement of sanctions in the narcotics law along with the laws and regulations that accompany it, as the findings of the results of this legal study. this research provides more comprehensive keywords as an adoption to the peculiarities of narcotic addicts as a victim of narcotics abuse which is distinguished by the classification of narcotics crimes (such as distributors, importers, exporters, carriers, sellers, or yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 other types of deeds) is depenalization which means that a disgraceful act according to the criminal law is deemed necessary to provide a threat of sanctions to the offender. the process of depenalization of certain acts which are seen as unlawful acts (unlawful or illegal nature is still maintained) which was initially threatened with criminal sanctions and then penal sanctions or penalties against the act were omitted, but it was still possible to impose other sanctions, such as through administrative sanctions, social work, fines, police records, probation or other forms such as rehabilitation. dionysios d. spinellis, professor of criminal law and criminology from the university of athens-greece suggests that in relation to the problem of depenalization, at least the criminal law imposed for narcotics addicts should pay attention to some of the following guidelines: 1. the provisions of criminal sanctions for narcotics misconduct should be strictly limited to harmful crimes and have a serious impact on the life of the wider community as a primary consideration. meanwhile, the criminal justice system in revealing the criminal acts of narcotics abuse should be regulated by the system of disclosure of criminal acts in detail, thoroughly and respect the rights possessed by the suspect of narcotics misuse. 2. for many offenses or abuse of narcotics that should not be sanctioned, it is like an addict as a victim of narcotics abuse is more appropriate sanctioned action in the form of rehabilitation. however, since such a punishment system will lead to arbitrary action against the narcotics addict and the criminal justice process proceeds effectively, it must be done in the following manner: a. violations perpetrated by the offender including the criteria for abuse of narcotics should be accurately described in law. b. sanctions for addicts as victims of narcotics abuse should be established appropriately. c. the state officials authorized in the settlement of criminal cases related to narcotics misuse must be adequately educated. d. appropriate and simple procedures should be established to ensure legal certainty. e. filing to a higher level of justice is necessary and possible. f. the central position of the punishment decision for narcotics addicts permanent given to the judge in determining that person must undergo treatment through rehabilitation both medically and socially , through the determination or decision of the judge, during the process of investigation, prosecution, until the court examination process. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 referring to the provisions of article 4 of the narcotics law, it can be seen that the rehabilitation of narcotics addict especially in the pn decision in sidoarjo in advance is one of the main objectives of the narcotics law. even the rehabilitation arrangements get a separate part in chapter ix of the second section on rehabilitation. starting from article 54 to article 59 of the narcotics law regulates the rehabilitation of narcotics users, as well as scattered in various other articles. indonesian laws governing narcotics and their sanctions should be strictly regulated in relation to sanctions for drug abuse. the explicit arrangement in question is the setting of sanctions for addict as a victim of abuse narcotics no longer associated with such criminal sanctions the provisions of articles 111 to 147 narcotics laws for criminal sanctions and just linked to article 53 through article 56 and article 103 narcotics act for action sanctions (rehabilitation). because with a and two kinds of sanctions precisely create uncertainty as contained in the arrangement of article 4 letter (d) of the narcotics law and article 54 of the narcotics act governing rehabilitation, but the provisions of article 127 narcotics law regulates the threat of sanctions criminal on users of narcotics for yourself. 4.2. readiness of various legal institutions for rehabilitation handling. rehabilitation for narcotics addicts has been conducted by bnn in cooperation with six agencies namely polri, ministry of health, ministry of home affairs, public prosecutor, ministry of social affairs, and ministry of justice and human rights. in addition to rehabilitation efforts undertaken through the cooperation of several institutions, prisons has applied rehabilitation in various models . some are carried out through forms of cooperation with social institutions and educational institutions such as pesantren using physical and spiritual therapy. according to research by the ministry of law and human rights of the republic of indonesia (2013), entitled 'narcotics prison class iia pamekasan based rehabilitation' states that the rehabilitation program is conducted with the intention that victims of narcotics who have implemented programs or systems of coaching will be completely free from danger narcotics and can be accepted back in the community. narcotics prison as one of the institutions in charge of guidance on narcotics prisoners seeks to combat the dangers of narcotics as a complex and trans-national problem, namely by conducting a comprehensive integrated approach through medical and social based rehabilitation programs (programs). for the implementation of this approach method must be demanded seriousness of institutions have optimal function and have guidance in taking decision of law, especially for decision of rehabilitation for narcotics addict which has been mentioned in advance. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 the model to be offered as a manifestation of care and guidance of prisoners (victims) of narcotics in its guidance programs refers to the rehabilitation program. rehabilitation model is divided into 2 (two) major parts: a. model-based therapy and medical rehabilitation therapy is often carried out with methadone teraphy (trm). b. model-based therapy and spiritual social rehabilitation there are types of models (programs) rehabilitation as empowerment for victims of narcotics, namely: 1) social therapy of spirituality 2) therapeutic community (tc) 3) criminon bnn is technically conducting a comprehensive policy in order to empower narcotics addicts through rehabilitation efforts demand reduction conducting a rehabilitation movement on 100 thousand drug abusers. it is important to do as the embodiment of bnn as a state institution with internal responsibility prevention and eradication narcotics crime. rehabilitation arrangements are also implemented by the ministry of health by appointing hospitals that have been arranged in kepmenkes. based on the decree of the minister of health number 293/menkes/ sk / viii / 2013, 274 puskesmas, hospitals and / or medical rehabilitation institutions as ipwl consisting of 15 upt (technical implementation unit) of ministry of health and 259 puskesmas, hospitals and / or medical rehabilitation institutions owned by cross-sector, local government and private which spread in 33 provinces including 46 bhayangkara hospital owned by police of ri. with the proposed bhayangkara hospital as ipwl, ipwl achievement in 2013 far exceeded the target of 274 ipwl from the target which must be reached by 210 ipwl. all ipwl can serve at least symptomatic therapy and basic drug addiction counseling. some health care facilities in the form of health centers, clinics, prisons / detention centers or hospital can provide methadone maintenance services. the health service facility that can serve the methadone maintenance therapy program (ptrm) based on the decree of the minister of health of the republic of indonesia number 227 / menkes / sk / vi / 2013 consists of 20 hospital, 57 hospital and puskesmas satellite, and 9 prisons. in 2014 there are additional 7 hospital and puskesmas satellite and 1 satellite of prisons that has been activated and still in the process of obtaining the determination through the minister of health decree. inpatient medical rehabilitation services for current drug users or narcotics can only be served at 21 mental hospital. nevertheless, to treat narcotic users who are in the process or yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 have been decided by a new court can be done in 17 mental hospital. this is to remember to treat users, abusers or victims of drug abuse who are in process or have been disconnected by the court require certain requirements, especially regarding the security facility. related institutions in handling follow-up rehabilitation for narcotics addicts should adjust the needs of the addict himself with that process justice. this provision is then regulated in the joint regulation of the chief justice of the supreme court, the minister of law and human rights of the republic of indonesia, the minister of health, the minister of social affairs, the attorney general, the chief of the indonesian national police, and the head of bnn number 01 / pb / ma, number 03 year 2014, number 11 year 2014, number 03 year 2014, per-005 / a / ja / 03/2014, number 1 year 2014, & number perber / 01 / iii / 2014 / bnn on narcotics addicting and narcotics abuse handling into rehabilitation institution. this provision assesses the importance of common perception among law enforcers, namely the police, prosecutors and judges to define the victims of narcotics abuse that must be rehabilitated. so this provision assesses that the importance to be immediately formed team assessment from the outset to determine that the defendant was a victim of an abuse, an owner, an addict, or a dealer. as mentioned in the provisions of chapter iv article 8, article 9, and article 10 of the joint regulation of the constitutional court, minister of health, social minister, corn, chief of police, and head of bnn about the team assessment integrated that states that in doing assessment against narcotics addicts and victims of narcotics abuse as suspects and/or users, the team assessment have the right to identify and investigate to determine treatment plan against the defendant, whether the defendant needs to be sent to rehabilitation or not. assessment team is integrated by bnn at national, provincial and district or city level consisting of: 1. doctors' team, which includes doctors and psychologists; and 2. the legal team, which consists of elements of the national police, bnn, attorney general, and kemenkumham. in addition, rehabilitation can also be done through cooperation with third parties, namely the community as an element of the complexity of the institution. community involvement and support (social participation and social support) is one of the non-formal rehabilitation that has a strategic value in the implementation of narcotics narcotics rehabilitation, where the community can provide support by providing the necessary resources in rehabilitation activities. the role of pesantren as one of the manifestation of the part of the society is a real manifestation in seeking the healing of narcotics abuse victims through social yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 rehabilitation with religious approach method, even at the same time giving the provision of good faith, morals, knowledge and skill. evidently, the findings of endang heryana's thesis show that the enormous benefits of the role of pondok pesantren in healing and returning the victims of narcotics abuse, such as: public knowledge increased because of the basis of information from the mass media as well as from the community concerned; in addition to effectiveness (success in rehabilitation efforts) has been obtained holistically; the cost (the cost of rehabilitation of victims) is relatively cheaper; as well as other things that victims get for their recovery (improved morals, attitudes, and behaviors). narcotics addicts should obtain legal protection as a legal consequence of rehabilitation arrangements for narcotics addicts. provision of legal protection is done by setting criteria of addicts as victims of abuse with distributors clearly and set the criteria of possession of narcotics. in addition, the provision of such legal protection must be supported by reconstructing prisons in indonesia. the reconstruction in question is to maximize and adjust the prison function with all available resources as a rehabilitation institution. maximizing the role of bnn in carrying out its function of preventing narcotics crime one of its efforts by building a rehabilitation place, as well as cooperation with other state institutions other social institutions within the framework of rehabilitation. 4. conclusion the philosophy of rehabilitation arrangements for narcotics addicts is based on restorative justice as a recovery that leads to the formation of rehabilitation measures. furthermore, efforts to integrate ideal criminal functions, restorative justice can be a fair effort involving perpetrators, victims, families and other parties related to joint criminal settlement in seeking resolution to narcotics crimes and their legal protection. ratio decidendi in the judge in determining sanctions for defendants narcotics abuse not only consider the legal aspect, but also consider the health condition of narcotics abusers and addicts are victims with proven criteria for drug abuse for themselves instead of distributors. if a person experiences pain, then a treatment is given, not a criminal. ius constituendum rehabilitation for narcotics addict requires legal protection provided by clarifying the characteristics of addicts as addicts as victims who distinguish with distributors. in addition, the legal protection of the rehabilitation decisions is the provision of rehabilitation sites for narcotics addicts by focusing on human resources, planned facilities and systems related to rehabilitation implementation. narcotics addicts should receive great attention from the government. the attention is given by providing rehabilitation sites yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 conducted by bnn providing rehabilitation sites, health office in collaboration with ipwl, community institutions such as pesantren. rehabilitation is carried out thoroughly by covering medical rehabilitation and social rehabilitation. references adi, kusno, diversi as alternative efforts by the narcotics crime combatingchild,umm press, malang, 2009. amrullah, m. arief. in the criminal law politics economic crime victim protection inbanking,banyumedia publishing: malang 2010 andenaes, john., punishment anddetterence,the university of michigan press, canada, 1974. anwar, yesil., and adang., criminal law reform, reform of criminal law, grasindo, jakarta, 2012. __________________, some problems comparative criminallaw,king grafindo persada, jakarta, 2003. __________________, legislative policy in combating crimes with criminalprison,ananta, semarang, 1996. arief, barda nawawi, criminal law policy, kencana, semarang, 2011. asmarawati, tina. sociology of law: firecrackers judging from the perspective of law andculture,deepublish: yogyakarta, 2014 atmasasmita, romli., capita selecta criminal law andcriminology,mandar maju, bandung, 1995. _________________, theory & capita selectacriminology,refika aditama, bandung 2005. beusekom, ineke van., loo, mirjam van het., & kahan, james p., guidelines for implementing and evaluating the portuguese drugstrategy,rand europe, the netherlends 2002. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 juridical study on the competence of religion courts in completing syariah banking disputes based on article 55 law number 21 of 2008 concerning banking syari'ah m.hidayat, sinarianda kurnia faculty of law, legal studies program, merdeka university surabaya email: johndayat16@gmail.com abstract if we want to respect law no. 3 of 2006 concerning religious courts, give full competence in sharia banking disputes to the religious courts. including the issue of mortgages (guarantees, red) and their execution, "the trial of article 55 paragraph (2) and (3) law no. 21 of 2008 concerning islamic banking. sharia economics expert muhammad syafii antonio believes that the settlement of islamic banking disputes should be the full authority of the religious courts. this is to ensure that the religious court's verdicts are truly in accordance with sharia law based on law no. 3 of 2006, the religious courts have been given the authority to adjudicate issues of sharia economics, banking, finance and insurance based on sharia law. keywords: competency, syariah banking, 1. introduction the significant growth of shari'ah banking indicates the potential problems (disputes/ differences) regarding financial transactions in the shari'ah field are also increasingly numerous and diverse. suyud margono stated that with the proliferation of business activities (including islamic economics), it is impossible to avoid the occurrence of disputes (disputes/ differences) between the parties involved, both between business actors (companies) and other (corporate) business actors, or business people ( company) with its customers1. in this case, the competence of courts that specifically deal with various cases or legal issues in the field of shari'ah banking and sharia economics, is absolutely necessary. however, there are still a number of records that need to be taken into account by various parties, including the limited number of hr who have adequate competence in resolving sharia banking cases. in addition, a fundamental problem in the form of authority confusion arises due to the emergence of law number 21 of 2008 concerning sharia banking before the constitutional court decision number 93 / puu-x / 2012. this law has the effect that there is an option of authority in the settlement of shari'a banking disputes, which can be through basyarnas, religious 1 abdul jalil, 2013: 643 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 courts, general courts, depending on the agreement between the two parties (yustianti and roesli 2018). these provisions are contrary to the mandate of article 1 paragraph (3) of the 1945 constitution, that the state of indonesia is a legal state in which there are two senses, namely the supreme of law and equality before the law. one interpretation of the supreme of law is legal certainty (rechtstaat). given the choice of law for those who entered in the judiciary, especially in the banking dispute resolution sharia, would cause legal confusion(confuse)to the community. from here, the author is interested in researching and making the focus in this paper. the method used in this paper is the library method (library research) and uses aapproach juridical-empirical. the juridical approach aims to review the competence of the religious courts in the settlement of sharia banking disputes. while an empirical approach is useful to review, the extent of the effectiveness of the religious courts in the settlement of sharia banking disputes. to review this, the author uses thetheory three elements law system proposed by lawrence m. friedman, especially in terms of the two elements of the legal system, namely substance and structure . 2. absolute competence of religious courts the absolute competence of the religious courts as one of the actors of judicial power experienced a strategic change in response to the development of law and the legal needs of the community, especially concerning the shari'ah economy2. the authority of the religious courts in the settlement of shari'ah economic disputes begins to be regulated in line with the development of sharia economy in indonesia. law number 7 of 1989 concerning religious courts has not regulated the authority of the religious courts in solving shari'ah economic disputes. starting in the 1990s, sharia financial institutions emerged in indonesia and their development has grown in the last decade. for this reason, it is necessary to regulate and confirm what institutions are given the authority to complete this new authority, namely the shari'ah economic dispute. then came law no. 3 of 2006 concerning amendments to law number 7 of 1989 concerning the religious courts which explicitly regulates the competence of the religious courts to resolve shari'ah economic disputes. urgent absolute competence, which is contained in article 49 and article 50. wildan suyuti (2008: 9) argues, that law no. 3 of 2006 brought important changes to the religious courts. this law was born from social demands in the midst of the growing transaction market based on sharia economic practices. 2 sudikno mertokusumo, 2002: 78 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 judging from the philosophical aspects, the absolute authority of the religious courts shows that the development of the legal needs of the muslim community (in particular) towards the awareness of carrying out islamic law is increasing. that is, the legal pluralism must be accepted as reality(realofentity)which compound(legalfluraly)in social life, as revealed by cotterral,"weshould think of law as a phenomenon pluralistically, as a regulation of many krud existing in a veriety of relationships, same of the quit tenuous, with the primary legal institutions of the centralized state. 3article 49 states that the religious courts have the duty and authority to examine, decide and settle cases at the first level between people who are muslim in the field of marriage, inheritance, will, grant, endowment, zakat, infaq, shadaqah, and sharia economy. explanation of article 49 states that the settlement of disputes is not limited in the field of sharia banking, but also in other shari'ah economic fields. the purpose of "between people who are muslim" is including a person or legal entity 4 which in itself submits voluntarily to islamic law regarding matters that are under the authority of the religious court in accordance with the provisions of this article. article 50 states that in the event of a dispute over property rights or other disputes in the case referred to in article 49, the object of the dispute must be decided in advance by the court in the general court environment. then if there is a dispute over property rights as referred to in paragraph 1 whose legal subject is between people who are muslim, the object of the dispute is decided by the religious court together with the case as referred to in article 49. there are two principles for determining the absolute competence of the religious court, namely if a case concerns the legal status of a muslim, or a dispute arising from an act / legal event committed / occurring based on islamic law or closely related to the legal status as a muslim. based on the provisions of article 49 and its explanation, it can be understood that legal subjects in shari'ah economic disputes, namely people who are muslims, people who are non-muslims but submit themselves to islamic law and legal entities that conduct business under the law islam. that is, the person or legal entity has made choice of law (has chosen the law), which is ready to follow the provisions in islamic law. whereas the provisions of article 50 and their explanations show that the principle of islamic personalities related to religion adopted by parties to disputes over civil rights regarding property rights is prioritized in determining the absolute authority of the judiciary that handles the dispute. if the parties to the dispute are muslim, the religious court has the authority to resolve the dispute. this provision has close relevance to the settlement of sharia economic disputes related to material guarantees. 3 m. ali mansyur, 2011: 6. 4 chidir ali, 2005: 21 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 the presence of people other than islam are subject to law in the shari'ah economic case, which shows a legal development in which business activities based on the shari'ah principle are not only in the interest of muslims. in practice, there are a lot of customers who are not muslim who enjoy sharia banking products and services. therefore, it is appropriate if the shari'ah economic problem is submitted by law number 3 of 2006 to the religious courts and determined to be the absolute competence of the religious courts. 3. choice offorum syari'ah banking settlement settlement based on the above explanation of law number 3 of 2006 concerning religious courts, the absolute competence of the religious courts also includes resolving sharia banking disputes. article 50 of law number 3 of 2006 concerning religious courts affirms that when actions or business activities carried out based on the principles of shari'a give rise to disputes, then the litigation is resolved to become the competence of the religious courts. whereas the settlement through non-litigation channels can be done through an arbitration institution, in this case basyarnas, and alternative dispute resolution by taking into account the provisions of the republic of indonesia law number 30 of 1999 concerning arbitration and dispute settlement, by adhering to the principles of shari'ah . the problem arises, when article 55 paragraph (2) and the explanation of the law of the republic of indonesia number 21 of 2008 concerning sharia banking and article 59 paragraph (3) of the law of the republic of indonesia number 48 of 2009 concerning judicial power gives competence to the court in general court environment to resolve sharia banking cases. article 55 of the law of the republic of indonesia number 21 of 2008 concerning sharia banking mentions: 1). the shari'ah banking dispute settlement is conducted by a court within the religious courts. 2). in the event that the parties have agreed to settle the dispute other than as referred to in paragraph (1), the settlement of the dispute is carried out in accordance with the contents of the contract. 3). dispute resolution as referred to in paragraph (2) may not conflict with the shari'ah principles. elucidation of article 55 paragraph (2) of the law of the republic of indonesia number 21 of 2008 concerning syari'ah banking states: what is meant by "settlement of disputes carried out in accordance with the contents of the contract" is the following efforts: a). discussion; b). banking mediation; yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 c). through the national syari'ah arbitration board (basyarnas) or other arbitration institutions ; and / or d). through a court within the general courts. likewise with article 59 paragraph (3) of the law of the republic of indonesia number 48 of 2009 concerning judicial power which reads: article 59: 1. arbitration is a way of resolving a civil dispute outside the court based on an arbitration agreement made in writing by the parties dispute. 2. the arbitration award is final and has permanent legal force and is binding on the parties. 3. in the event that the parties do not implement the decision of explanation article 59: paragraph (1) what is meant by "arbitration" in this provision includes also shari'ah arbitration. dispute resolution through basyarnas still has weaknesses in the field of implementation, because it is not a judicial institution. therefore, for each time the action is executorial, the title of execution must still be requested to the local district court. so that the supreme court issued circular of the supreme court number 8 of 2008 concerning absolute authority to adjudicate and execute decisions of the national sharia arbitration board in the case of shari'ah economic disputes which are the authority of the religious courts5. the provisions of article 55 paragraph (2) of law number 21 of 2008 and article 59 of law number 48 of 2009 along with the explanation above, indicate that there has been a reduction in the competence of religious courts in the field of sharia banking. in law no. 3 of 2006, the religious courts have the competence in handling sharia economic matters, which include sharia banking. it turns out that the provisions of the act were reduced by other legal instruments, namely by law number 21 of 2008 concerning sharia banking and law number 48 of 2009 concerning judicial power which is actually intended to facilitate the handling of disputes over shari'ah. after the promulgation of law number 21 of 2008 concerning sharia banking, the handling of shari'ah banking disputes in the religious courts is only optional, depending on the agreement of the parties, namely the religious courts, basyarnas (abritase), and also general 5 ikhsan al hakim, 2013: 218 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 courts. whereas the authority of the judiciary in examining certain cases is absolutely not examined by other judicial bodies, both in the same court environment and in different courts6. based on these facts, the legal politics of the government (legislative and executive) towards shari'ah banking seems to be still ambivalent which still gives options for the settlement of sharia banking disputes. the option of judicial competence within the religious courts and general courts in the field of shari'ah banking shows the reduction and narrowing and leads to the dualism of competence in prosecuting by two litigation institutions, even though the competencies given to the general court are related to the contents of a contract, especially regarding choice of forum. in connection with article 59 of law number 48 year 2009 not only as an option, but explicitly abolish the authority of the religious courts. with the explanation above, it appears that shari'ah banking dispute resolution can be done through a process outside the judiciary (non-litigation) and through a judicial process (litigation). outside the judicial process the dispute is resolved through deliberation, banking mediation, and basyarnas or other arbitration. the dispute resolution through the court can be carried out by the religious courts or general courts. with these choices, the religious courts do not have absolute competence in solving shari'a banking disputes as stipulated in law number 3 of 2006. these two different provisions lead to the problem of two forms (choice of forum) in resolving disputes. for a similar substantive law and the same legal subject. regarding this choice of forum there are two opinions, there are opinions that agree and disagree. opinions that agree on the argument are based on the principle of freedom of contract in the agreement. in the treaty law stipulated in the civil code, the principle ofappliesfreedom of contract. based on the principle of freedom of contract, the parties are free to promise what they want as an agreement (the terms and conditions of the agreement), as long as it has been stated in the contents of the agreement and does not conflict with law, decency and public order7. article 1338 of the civil code paragraph (1) states that all agreements made legally apply as laws for those who make them. the word is all understood to contain the principle of freedom of contract, which is a principle that gives freedom to the parties to make or not make an agreement; make an agreement with anyone; determine the contents of the agreement, implementation and requirements; and determine the form of agreement both written and oral. the background to the issuance of article 55 of law no. 21 of 2008 in order to reinforce the principle of freedom of contract, namely in the case of settlement of the muamalah dispute. the parties are free to determine the procedures and media for resolving disputes as long as they do not conflict with the shari'ah principle. however, in the event that the parties do not promise or there is 6 retnowulan sutantio, 1985: 59 7 neni sri imaniyati, 2010: 12 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 no agreement on the mechanism for resolving the dispute, the religious courts have absolute competence in resolving the shari'ah banking disputes based on article 49 letter i of law number 3 of 2006. furthermore, if the choice of forum is related to the principle of the new law abolishes the old law and the specific legal principle which excludes the general law, these two principles cannot be used to review law no. 3 of 2006 and law no. 21 of 2008. that is because these two laws regulate different matters, law no. 3 of 2006 regulates religious courts while law no. 21 of 2008 regulates sharia banking. in addition, these two laws cannot be determined as generally applicable laws and laws that apply specifically. finally, on august 28, 2013, constitutional court decision number 93 / puu-x / 2012 canceled the explanation of article 55 paragraph (2) of law no. 21 of 2008 concerning sharia banking which regulates the selection of settlement of disputes between the customer and the bank in accordance with the contract. the reason is, there is dualism (religious courts and general courts) the settlement of shari'a banking disputes which creates legal uncertainty. this was reinforced by the explanation of m. akil mochtar (m.kiblat.net) when reading the decision to examine the sharia banking law with petitioner dadang achmad, "explanation of article 55 paragraph (2) of the shariah banking law does not have binding legal force" . 4. judges in the religious courts post-enacted law number 3 of 2006, religious court judges face new tasks that require more special attention, namely shari'ah economic issues. the problems of muamalah will be the absolute authority of the religious courts. not even less than 11 (eleven) kinds of new issues that become the authority in the shari'ah economy. in connection with such a task, the chair of the indonesian syari'ah lawyers association (apsi) said that the expansion had consequences on human resources within the religious courts (judges in the religious courts). in addition, the expansion of authority is a challenge for the religious courts apparatus, especially judges. the judges are required to understand all matters that become their competence, namely the judge is considered to know the law, so the judge may not refuse to examine the case with no or less clear legal reason (adagium ius curia novit)8. religious court judges have long been included in training on sharia economics. the supreme court itself has prepared a useful and effective curriculum to anticipate the expansion of the authority of the religious courts. in addition to training religious court judges at the 8 abdul ghofur anshori, 2010: 112 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 pusdiklat, ma also cooperates with bank muamalat, bank indonesia, and a number of law universities. indeed, the rapid business based on sharia economy and the expansion of the authority of the religious courts to deal with disputes in it, has its own consequences for the religious courts. in addition to having special capable judges in handling sharia economic disputes, judges are also required to be more responsive to the development of more modern judicial management. in addition, the religious courts must also appear clean, transparent, accountable, and can fulfill the sense of justice and truth. with the addition of a number of fields that became the authority in the new religious court law, it is hoped that the practices of muslims who have been running in the community have juridical power. therefore, if there is a shari'ah economic dispute between parties who are muslim, justice can be sought through the religious courts institution. there are several things in the context of the authority of the religious courts with regard to their new competence to deal with shari'a banking disputes: first, the religious court judges must continue to improve legal insights on the shari'ah economy in the framework of indonesian regulation and the actualization of islamic fiqh. secondly, the religious court judges must have adequate insight into service products and operational mechanisms of sharia banking, shari'ah microfinance institutions, shari'ah medium-term securities, and others. they also have to understand the shari'ah financing, shari'ah pawnshops, islamic financial institution pension funds, and sharia business. thirdly, religious judges also need to improve legal insights about predictions of disputes in a sharia-based economic contract. in addition, it is also necessary to increase the insight of the legal basis in regulations and legislation, as well as conception in islamic fiqh. 5. legal effectiveness of syari'ah banking dispute settlement the effectiveness of the competence of the religious courts in shari'ah banking disputes can be seen with thetheory three elementslaw system proposed by lawrence m. friedman. according to friedman, there are three legal systems that determine the functioning or functioning of a law, namely: substance, structure, and legal culture. of the three system elements, they are interrelated. a good legal structure and will work well if it is supported by good legal substance, and vice versa. both elements will work well if followed by a good legal culture from the community. judging from the substance (substance), the competence of the religious courts in shari'ah banking disputes has been regulated in article 49 and article 50 of law number 3 of 2006 concerning amendments to law number 7 of 1989 concerning religious courts, and article 55 paragraph ( 1) law number 21 of 2008 concerning sharia banking. however, the provisions of article 55 paragraph (2) of law number 21 of 2008 and article 59 of law number 48 of 2009 along with their explanations, indicate that there has been a reduction in the competence of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 religious courts in the field of sharia banking. although there are already regulations governing the competence of the religious courts in shari'ah banking disputes, in practice there is still an ambiguity of competence in resolving shari'ah banking disputes. finally on august 28, 2013, the constitutional court canceled the explanation of article 55 paragraph (2) uu no. 21 of 2008 concerning sharia banking which regulates the selection of settlement of disputes between the customer and the bank in accordance with the contract. the reason, namely there is dualism (religious courts and general courts) the settlement of shari'ah banking disputes which creates legal uncertainty. furthermore, when viewed from structureits, law enforcement (judges) in the religious courts must master and deal with shari'ah economic issues and sharia banking. because the shari'ah economic case is a new authority within the religious courts, religious judges need to improve their knowledge and skills. judges serving in the religious courts should be able to practice the provisions of article 16 of law number 4 of 2004, namely that judges are obliged to explore, follow, and understand the legal values and sense of justice that lives in society. the last is legal culture . in the beginning, the practice of muamalah based on shari'ah principles has been applied in daily life by indonesian muslims. since the establishment of bank muamalat in 1992 and the promulgation of law no. 21 of 2008 concerning sharia banking, the muslim community and non-muslim indonesia have begun to become familiar with banks and other sharia-based financial institutions. here it is seen that indonesian people in general are familiar with sharia-based financial institutions. although prior to the issuance of the constitutional court decree, there were still many that caused people to be confused in the settlement of sharia banking disputes. is it in the religious court or in the general court? of the three systems above, the competence of the religious courts in shari'ah banking disputes before the cancellation of the explanation of article 55 paragraph (2) of law no. 21 of 2008 concerning sharia banking by the constitutional court is less effective. this is based on the existence of abiguity on judicial competencies that are entitled to handle the settlement of sharia banking disputes. in addition, the religious courts judges must add andupgrade their knowledge in the settlement of sharia banking disputes in particular. for this reason, training is needed in the field of sharia economics and shari'ah banking in terms of carrying out the mandate of article 16 of law number 4 of 2004. 6. concluding remarks on the competence of the religious courts in shari'ah banking disputes (study of article 55 of law no. 21 of 2008 concerning sharia banking), there are several things that need to be underlined. first, law number 3 of 2006 concerning amendments to law number 7 of 1989 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 concerning the religious courts which explicitly regulates the competence of the religious courts to resolve sharia banking disputes. this law was born from social demands in the midst of the rampant transaction market based on sharia economic practices and brought important changes within the religious courts. secondly, the presence of law number 21 of 2008 concerning sharia banking provides competence or authority to courts in the general court environment in the settlement of sharia banking disputes, which previously only constituted the absolute competence of the religious courts. this provision raises the problem of the existence of two forms (choice of forum) in resolving disputes for the same substantive law and the same legal subject. however, after the constitutional court canceled the explanation of article 55 paragraph (2) of law no. 21 of 2008 concerning syari'ah banking, the shari'ah banking dispute settlement competence is only the competence of the religious courts again. third, the absolute competence of the religious courts in shari'ah banking disputes is inseparable from the principles of islamic personality and shari'ah principles. cancellation made by the constitutional court against the explanation of article 55 paragraph (2) of law no. 21 of 2008 concerning sharia banking gives legal clarity the authority to prosecute religious courts in sharia banking disputes. with this provision, avoiding loss to the muslims in the form of confusion in choosing the judiciary and becoming a benefit with the existence of legal certainty in the settlement of sharia banking disputes. references alamsyah, "reducing the absolute competence of religious courts in sharia banking", in www.badilag.net. access on 29 may 2014. anshori, abdul ghofur, syari'ah banking dispute resolution (analysis of concepts and law no. 21 of 2008), yogyakarta: gajah mada university press, 2010. arto, a. mukti, practice of civil cases in the religious courts, yogyakarta: student library, 2004. imaniyati, neni sri, "choice of forum in syari'ah banking dispute resolution," in the journal of law and development, no. 3, th. 40, july 2010. subekti, r., trade arbitration, bandung: binacipta, 1992. law number 21 of 2008 concerning sharia banking. law number 3 of 2006 concerning amendments to law number 7 of 1989 concerning religious courts. law of the republic of indonesia number 48 of 2009 concerning judicial power. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 yustianti, surti, and mohammad roesli. 2018. “bank indonesia policy in the national banking crisis resolution.” yurisdiksi: jurnal wacana hukum dan sains 11 (1):77–90. yahya harahap, civil procedure law regarding lawsuit, trial, verification, and court decision, jakarta: sinar grafika, 2009. yulianti, rahmani timorita, "between competencies of religious courts and sharia arbitration bodies)", in al-mawarid journal, edition xvii, 2015. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 legal consequence of land rights related to complete systematic land registration program (ptsl) in mojokerto city tomi halim adianjaya magiser in notaral law faculty of law, airlangga university email: tomhank14nba@yahoo.com, tomhanknba@gmail.com abstract land registration and issuance of certificates aim to provide legal certainty over property rights to land and to create orderly land administration. one of the government's programs in achieving this goal is implementing a complete systematic land registration through the enactment of the state minister for agrarian and spatial planning/head of the national land agency number 1 of 2017 on acceleration of the implementation of complete systematic land registration. problems to be discusse this study iclude: (1) is the object of land to be registered in this program petok d or letter c? (2) can the certificate of ownership rights guarantee legal certainty for the rights holders? the problem approach used is the normative legal approach. the data consists of secondary and primary data. data analysis is carried out by using qualitative analysis. the results of this study indicate that: (1) implementation of complete systematic land registration on land that has not been certified based on provisions of the regulation of the state minister for agrarian and spatial planning or head of national land agency number 1 of 2017 includes: determination of ptsl activity location, establishment and determination of ptsl adjudication committee, counseling, juridical and physical data collection of the land, land checks, announcements of physical data and juridical data on land and proof of rights, issuance of decisions on the awarding or recognition of land rights, bookkeeping and issuance of certificates of land rights and submission of certificates of land rights. (2) the legal consequences of certification of the results of complete systematic land registration are the objections of other parties to the land registration process through ptsl carried out by the registrant, the applicant is difficult to complete the land registration application requirements through ptsl, and the community's understanding is still low against the law in the land sector. suggestions to be provided in this study are: (1) mojokerto city government together with the city land office should further improve services to the community, especially in the land sector. (2) mojokerto city land agency should increase legal counseling or socialization about land. keywords: land registration, property rights, city of mojokerto. 1. introduction land is important for human life because human life is totally inseparable from land. humans live on land and obtain food by utilizing land. the history of development and its destruction is also determined by land. land problems can cause disputes and devastating war because humans or a nation want to control the land of another person or nation because of the natural resources contained in it. land is one of the primary needs for humans even though even yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 humans still need land. human needs for land today are increasing. this is due to the increasing population, while on the other hand the land area does not increase. land in a juridical sense is the surface of the earth. land rights are rights to certain parts of the earth's surface, rights to land are rights to certain parts of the earth's surface, which are limited, having dimensions of two in length and width. the basis of legal certainty in written legal regulations as executor of the agrarian basic law no. 5 of 1960, allows interested parties to easily know the applicable law and the existing authority and obligations on the land owned. uupa clearly regulates land and guarantees legal certainty regarding land. the purpose of legal certainty can be realized with two efforts1: 1. availability of written, complete and clear legal instruments that are carried out consistently in accordance with the soul and its provisions; 2. implementation of land registration that allows holders of land rights to easily prove the land rights they control, and for interested parties, such as prospective buyers and prospective creditors, to obtain necessary information regarding land that is the object of legal actions to be carried out , and for the government to implement land policies. in government regulation no. 24 of 1997 concerning land registration, article 1 paragraph (1) describes that what is meant by land registration is a series of activities carried out by the government continuously and regularly, covering the collection, management, accounting, and presentation and maintenance of physical data and juridical data in forms of maps and lists, concerning parcels of land and units of flats, intended to provide letters of proof of their rights to plots of land that already have their rights and ownership rights to apartment units and certain rights that burden them. according to henri lie a. weng, property rights are the right to enjoy freely and treat the owner of the right as they please. the owner can use it, enjoy it, destroy it, throw it away, sell it (roesli, heri, & rahayu, 2017). in general, the regulation regarding land ownership rights in the basic agrarian law can be seen in part iii chapter ii article 20 to article 27, according to the general principles of land ownership rights. property rights, based on article 20 of the agrarian basic law, is the right that is hereditary, the strongest and most fulfilled that can be owned by people over land and give authority to use for all kinds of purposes for an unlimited period of time as long as there is no specific prohibition on that. the strongest and most fulfilled nature means the strongest and most full for holders of property rights and has the right to be free by selling, giving, exchanging and bequeathing. land tenure rights contain a series of authorities, obligations and / or prohibitions for holders to do or not 1 urip santoso, pendaftaran dan peralian hak atas tanah , kencana, jakarta, 2011, p.2. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 do something about the land they are occupying, because the basic agrarian law and government regulations regarding land registration have been established. the provision of limits, according to article 4 of the basic agrarian law on interests directly related to the use of land within the limits according to other higher regulations. ali achmad chomzah stated that land law is the whole of legal regulations that regulate rights and obligations that stem from the rights of individuals and legal entities regarding the land they control or own.2 in order to provide legal certainty to holders of land rights, an affirmation of the strength of the certificate is given. the impact of the practical meaning as long as it has not been proven, on the contrary, physical data and juridical data in legal actions and disputes in front of the court must be accepted as correct data (susilo & roesli, 2018). other individuals or legal entities cannot claim land that has been certified on behalf of another person or other legal entity if for 5 years from the date of issuance it does not file a claim in court. the implementation of legal guarantees and certainty on land rights is carried out by registering land by taking measurements, mapping land and administering land rights is a legal relationship between a person or legal entity and something that creates authority over the object of the land and forces others to respect it as a result of ownership. article 19 the basic agrarian law assigns the government to carry out rechts land registration. land registration functions to find out the status of land parcels, who owns it, what rights, how wide it is, what it is used for. to obtain legal power a series of systematic land registration activities, material truth submission, proof of physical data and juridical data on land rights, or other matters needed as a basis for land registration rights, and/or history of the origin of land ownership, buying and selling, inheritance, not apart from the applicable laws and regulations. land tenure is a rare natural resource that is permanent in nature and is used to fulfill various human needs for housing, agriculture, plantations and industrial activities which require the availability of land. as a developing country, indonesia which has a large population, experiences land problems that usually lead to conflicts between rights holders and others. the conflict is usually about compensation for land to be used for development, land ownership disputes and many complex problems. among these land tenure, land rights are the most desirable land rights because the property rights have several characteristics as described in article 20 of the uupa3: 2 urip santoso, hukum agraria kajian komprehensif, kencana prenada media group, jakarta, 2012, p. 9293 3 urip santoso., op.cit., h. 23. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 1. hereditary rights, meaning that land rights can continue as long as the owner is still alive and if the owner dies, his rights is continued by his heirs as long as they fulfill the conditions as the subject of ownership rights. 2. strongest right, meaning land rights are stronger than other land rights, do not have a certain time limit, is easily maintained from other parties, and not easily removed. 3. fulfilled rights, meaning that land rights provide the most extensive authority to those who have rights compared to other rights. property is the parent right of other rights, meaning that a landowner can give land to another party with rights that are less than property rights. for example, renting out, giving to other people with the right to use the building or the right to use, as well as burdened with mortgage rights. with these advantages, many people are trying to own property rights. however, not everyone can own property rights, because the subject of limited property rights as stipulated in article 21 of the uupa: 1. only indonesian citizens can have ownership rights. 2. the government determines legal entities that can have ownership rights and conditions. 3. foreigners who after the enactment of this law obtain ownership rights due to inheritance without inheritance or a mixture of property due to marriage, as well as indonesian citizens who have ownership rights and after the enactment of the law they lose their citizenship must give up that right within one the year since the right was obtained or the loss of citizenship. if after the past period of time the ownership rights have not been released, then the rights will be deleted because the law and land fall on the state, provided that the rights of the other parties that burden them continue. if someone besides his indonesian citizenship has foreign citizenship, he cannot own land with ownership rights and for him the provisions in paragraph 3 of this article apply. the national land agency (bpn), in handling land issues is still passive / waiting for the wishes of the parties to the dispute, so that it seems less concerned about the interests of the community. therefore, to anticipate increasingly complex land issues and to minimize the emergence of land conflicts in the community, the national land agency (bpn) in the future is required to be more proactive in resolving land conflicts in accordance with the eleven agenda of the indonesian national land agency. therefore, in article 19 of law number 5 year 1960 concerning basic agrarian regulations, it is stipulated that to ensure legal certainty by the government, land registration is carried out throughout the territory of the republic of indonesia. the national land agency of the republic of indonesia (bpn-ri) based on presidential regulation number 10 of 2006 concerning the national land agency, assigned to carry out government affairs in the land sector is directly responsible to the president. land registration yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 activities in 5 (five) decades carried out through various program activities both sourced from the state budget (apbn) and those sourced from public funds (non-tax state revenues) from 1961 until now have only been able to carry out land registration as much as ± 44 million fields of ± 100 million plots of land throughout the territory of the republic of indonesia. land registration also depends on the state budget, available registration officers, available equipment and community awareness of holders of land rights. the government only subsidizes land registration fees to applicants for land registration. land registration whose costs are subsidized by the government is the national agrarian operations project and systematic land registration through adjudication. after 2015 the government changed the name of the prona activity (national agrarian project) to complete systematic land registration (ptsl) which was implemented starting in 2015 and is still ongoing as one of the national priority programs legalization of assets stipulated in the bpn-ri strategic plan by regulation head of the national land agency of the republic of indonesia number 7 of 2010. ptsl activities in principle are the first land registration activities in the framework of issuing certificates of land rights, especially for people from the weak to middle economic groups. participants in ptsl activities are prioritized for the people from the weak to middle economic groups as a form of the government's partisanship in this case bpn towards low-to-middle income people. ptsl activities are in principle the first registration activities, which aim to provide firsttime registration services with an easy, simple, fast and inexpensive process in order to accelerate land registration throughout indonesia by prioritizing poor/disadvantaged villages, fertile or developing agricultural areas. considering the ptsl program implementation is an activity of the land office related to other agencies: (mojokerto city government, head of sub-district and local village head, applicant/village community where the ptsl program is implemented) then success requires good coordination and performance. the certificate of land rights provides legal certainty over the land that it has, minimizes the occurrence of disputes, conflicts and land matters, increases the value of its assets and can be used as collateral for loans to banks to increase business capital. penertipikatan land in bulk through ptsl activities is one of the land activities that receive a positive response from the community. to be able to meet the completion targets on time and on target and to achieve optimal performance and financial results in ptsl activities, it is necessary to make improvements and changes to the minister of agrarian and spatial planning/head of the national land agency of the republic of indonesia number 6 year 2018. with improvements and changes to the technical yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 guidelines the ptsl activity is expected not to cause a variety of interpretations in the implementation. 2. research methods 2.1. research type the type of research used in this thesis is normative legal research in order to find the truth of coherence. in such a case it is not the empirical facts to be provided, yet the conformity between something that is to be studied with values or provisions/rules or principles that are used as references. in the method of law approach, the researchers need to understand hierarchies and principles in the laws and regulations. in the study conducted by reviewing law number 5 of 1960 on basic agrarian basic regulations, government regulation number 24 of 1997 on land registration, along with objects related to land, and minister of agrarian and spatial planning/head of land agency national republic of indonesia number 6 of 2018. 2.2. approach to the problem the forms of the problem approach used are statute approach and conceptual approach. conceptual approach is carried out when researchers do not move from the existing legal rules; this because there is no legal rule for the problem at hand4. the conceptual approach used in this writing is to examine legal understandings, legal concepts, and legal principles relevant to the field of land and land registration. 3. discussion 3.1. the land registration object of ptsl with status of petok d or letter c. land ownership in indonesia is usually given from generation to generation. in the past the arrangement for ownership of property was not too strict in its regulations, thus, various land documents appeared, one of which was letter c. letter c is proof of ownership of land by someone in the village office. letter c in the form of this book itself functions as a tax withdrawal record and information about land identity in the colonial era. but in the present, letter c is still often used as a land ownership identity and is proof of land sale and purchase transactions. the land data contained in letter c itself is said to be incomplete because the inspection and measurement of the land are always carried out carelessly. in ptsl program, land objects do not have to be from letter c for there are several kinds of old land rights that apply before the uupa was born, for example petok d, etc. the way of proof with the applicant submits an application to the office of the outreach / village, namely a 4 bid., p. 177 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 certificate of land history, is one of the written evidences to show ownership of the land. the proof of ownership basically consists of proof of ownership on behalf of the rights holder at the time of the enactment of law number 5 year 1960 on basic agrarian principles regulations ("uupa") and if such rights then change, evidence of successive transfer of rights reaches the hands of the rights holder at the time of bookkeeping of rights. 1. proof of rights and bookkeeping land registration activities for the first time include: a. collection and processing of physical data; b. proofing of rights and books; c. issuance of certificates; d. presentation of physical data and juridical data; e. storage of general lists and documents. 2. proof of new rights for the purposes of registering rights: a. new land rights is proven by: 1. stipulation of the granting of rights from the authorized official to grant the rights in question according to the applicable provisions if the granting of said rights originates from state land or management rights 2. the original ppat deed that contains the granting of such rights by the holder of the right to the recipient of the rights concerned when regarding the right to use the building and the right to use the land of ownership; a. management rights is proven by the stipulation of granting management rights by the authorized official; b. waqf land is proven by waqf pledge deed; c. ownership rights to apartment units is proven by a deed of deed; d. granting mortgage rights is proven by the deed of granting rights. 3. proofing of old rights for the purposes of registering rights, land rights originating from the conversion of old rights as evidenced by evidence of the existence of such rights in the form of written evidence, witness statements and/or statements related to the level of truth by the adjudication committee in systematic land registration or by the head of the land office in sporadic land registration, it is considered sufficient to register the rights, rights holders and rights of other parties who burden them. in the event that there is no or no complete availability of evidentiary instruments, the bookkeeping of rights can be carried out based on the fact that the physical control of the land in yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 question is 20 (twenty) years or more consecutively by the registration applicant and its predecessor, with the following conditions: a. the mastery is carried out in good faith and openly by the person concerned as entitled to the land, and strengthened by the testimony of a person who can be trusted. b. the mastery both before and during the announcement is not disputed by the customary law community or the village / kelurahan concerned or other parties. in order to assess the correctness of evidence, juridical data collection and research is conducted on the relevant land area by the adjudication committee in systematic land registration or by the head of the land office in sporadic land registration. the results of the research on evidence are set forth in a questionnaire determined by the minister. the written evidence intended can be in the form of: a. grosse eigendom rights deed issued based on overschrijvings ordonnantie (staatsblad. 1834 27), which has been affixed with a note, that the eigendom rights concerned are converted into ownership rights; or b. grosse eigendom rights deed issued based on overschrijvings ordonnantie (staatsblad. 1834 27) since the enactment of the uupa until the date of land registration was carried out according to government regulation number 10 of 1961 in the area concerned; or c. letter of proof of ownership issued based on the self-regulating regulations concerned; or d. certificate of ownership issued based on minister of agrarian regulation number 9 of 1959; or a. a decree granting ownership rights from the competent official, both before and since the enactment of the loga, which is not accompanied by an obligation to register the rights granted, but has fulfilled all the obligations referred to therein; or b. deed of transfer of rights made under the hands affixed with a testimony by the head of customary / village / kelurahan head made prior to the enactment of this government regulation; or c. deed of transfer of land rights made by ppat, whose land has not been recorded; or d. waqf pledge made before or since the government regulation number 28 of 1977 emerged; or e. minutes of auction made by the authorized auction officer, whose land has not been recorded; or f. letter of appointment or purchase of land replacement plot of land taken by the government or regional government; or g. petuk land/landrente tax, girik, pipil, kekitir and verponding indonesia before the enactment of government regulation number 10 of 1961; or h. land history statement made by the land and building tax service office; or yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 103 i. other forms of written evidence with any name as referred to in article ii, article vi and article vii provisions on uupa conversion. in the event that the written evidence is incomplete or non-existent, proof of ownership can be carried out with a witness statement or statement of the person who can be trusted in the opinion of the adjudication committee in systematic land registration or head of the land office in sporadic land registration. what is meant by witness is a person who is capable of giving testimony and knowing the ownership. you can find out more about systematic and sporadic land registration, see the article on mass land registration. 3.2. certificates of ptsl ownership rights can guarantee legal certainty the objectives of the ptsl program are to accelerate the provision of legal certainty, and legal protection of community land rights in a sure, simple, fast, smooth, safe, fair, equitable, and open and accountable manner, so as to improve the welfare and prosperity of the community as well as reduce the and prevent disputes in land conflicts. due to the law of ptsl, it provides administrative certainty in the names of rights holders registered in the certificate. in addition to guarantee legal certainty, the state is also obliged to provide protection for land rights both individually and communally. all of that can be obtained with a certificate which is the strongest evidence of the ownership of one's land. in addition, there are many benefits that can be felt by the community and the government for the implementation of asset legalization through ptsl. one of them is the existence of their rights, and the government can complete the land database, so that one of the land chess is realized, namely orderly land administration. providing certificates in the framework of government programs can also systematically improve and supervise the implementation of land reforms, supervise absentee land, and prevent fragmentation due to inheritance or supervision of land accumulation on one person. meanwhile, in terms of realizing a complete village picture on the ptsl program, the adjudication committee continues to measure all plots of land in one location designated by the head of the land office. however, not all land plots that have been measured can be issued. all of that goes back to land categories at ptsl locations according to article 25 number 2 minister of agrarian regulation no. 12 of 2017.proses pengurusan berkas hingga penerbitan sertifikat dalam program ptsl tidak menggunakan waktu yang sangat singkat, dengan seleksi dan pemeriksaan data oleh satgas fisik dan satgas yuridis diharapkan mampu meminimalisir terjadinya kesalahan data, yang dapat memicu konflik persengketaan. article 29 minister of agrarian regulation no. 12 of 2017: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 "in the event of administrative errors in the issuance of certificates of land rights, improvements shall be made based on minutes of improvement of administrative errors in accordance with the provisions of the laws and regulations." although there are very rare cases, the bpn can cancel the issuance of certificates of land rights. previously there was a statement signed by the rights holders, who were willing to accept any sanctions if in the future there was an error in the validity of the data written, when registering land. meanwhile, the rights obtained as previously described can be requested for cancellation, both by interested persons and by the state. the basis that can be used is due to an administrative legal flaw, as in article 106 of the regulation of the minister of agrarian affairs/head of the national land agency number 9 of 1999 stated that what is meant by administrative legal disability is: 1. error in procedure; 2. error in the application of laws and regulations; 3. error subject matter; 4. error object rights; 5. error in types of rights; 6. error in extensive calculation; 7. overlapping land rights; 8. incorrect physical or juridical data; 9. other errors that are administrative in nature. the certificate of land rights that have been issued and can still be canceled is a result of a system of negative public land registration applied in indonesia. this system is used to protect actual rights holders, so that the right-holders will always be able to reclaim their rights that have been registered in the name of anyone. in addition, in this system, the certificate issued is a proof of strong land rights.2 in line with the nature of proof of the certificate as proof of rights contained in article 32 paragraph 1 government law no. 24 of 1997, that the land registration publication system adopted in indonesia is a negative publicity system, namely a certificate is only a letter of proof of a strong right and is not a proof of absolute rights. this means that the physical data and juridical data contained in the certificate have legal powers that must be accepted by the judge as true information as long as there is no other evidence that proves otherwise. thus, it is the court that can decide which evidence is correct and if it is proven that the certificate is incorrect, then the changes and corrections are properly carried out. boedi harsono argues that the system we use is not a pure negative system, but a negative system with positive tendencies. the negative definition meant is that the information available if yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 it turns out to be incorrect can still be changed and corrected. although the negative system is used, the registration officers are not as passive as those adopted in the positive publication system. this means that they do not take for granted what is put forward, and said by the party requesting registration for the first time in the bookkeeping, as well as the registration or recording of changes, prior research must be carried out to prevent mistakes. provisions of article 32 paragraph (1) pp no. 24 of 1997 has a weakness because the state does not guarantee the truth of the physical data and juridical data presented and there is no guarantee for the certificate owner because at any time he will get a claim from another party who feels disadvantaged over the issuance of the certificate. to cover up these weaknesses, article 32 paragraph (2) is made which can make a certificate as an absolute proof if it meets cumulative elements, they are: 1. certificates are issued legally on behalf of a person or legal entity; 2. land acquired in good faith; 3. land is controlled in real terms; 4. within 5 years of the issuance of the certificate no one has filed an objection in writing to the certificate holder and the head of the local regency/ city land office or has not filed a claim to the court regarding land tenure or certificate issuance. meanwhile, in terms of resolving land issues, it can be related to civil law, criminal law and state administrative law. as in the case of cases of ownership disputes in relation to civil law, it can be resolved through the bpn as a mediator to carry out the case title. if it does not reach a consensus, the bpn can recommend that a dispute resolution be made in the district court. likewise in the case of land grabbing in relation to criminal law that can be resolved in the district court. then in the case of a lawsuit for the issuance of a certificate of land rights by the bpn it can be done at the state administrative court (ptun), also if found an element of corruption in the case of the issuance of certificates can be reported at the local prosecutor's office. 4. conclusion ptsl implementation must be carried out with certainty, simple, low cost, fast, smooth, safe, fair, equitable, and open and accountable in accordance with the aim of running effectively. however, it is not efficient because bpn has limited facilities and infrastructure, so measurement errors still occur and image mapping. however, even though the process is simplified and the cost is cheap, there are still people who do not register their land through ptsl due to short socialization time. the legal consequences of issuing land certificates in ptsl program are as proof of legal ownership. while the certainty of guaranteed rights, the certificate is not an absolute yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 evidence in court cases and can be sued both in civil, criminal, and administrative terms because the land registration system in force in indonesia is a negative land registration system. recommendation one of the supports for the implementation of the prona and ptsl programs by the bpn city of mojokerto is by adding existing hr personnel, especially for field measurements. where land owners do not or have not installed their land boundary markings or stakes, it is recommended that the installation of stakes be carried out in the field witnessed by the neighboring border. systematic land registration needs to be carried out continuously and continuously for all land parcels in the village in full to create orderly land in the entire territory of the republic of indonesia. bibliography boedi harsono, (1983). hukum agraria indonesia, djambatan, jakarta. hajati, sri., et al., (2018). politik hukum pertanahan, airlangga university press, surabaya, harsono, boedi, (2018). hukum agraria indonesa, djembatan, jakarta. marzuki, peter mahmud, (2013). penelitian hukum, prenada media group, jakarta. parlindungan, a.p, (2015). hak pengelolaan menurut sistem uupa, mandar maju, bandung. santoso, (2010). urip, pendaftaran dan peralihan hak atas tanah, prenada media group, jakarta. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. susilo, d., & roesli, m. (2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. -------(2012). hukum agraria kajian komprehensif, prenada media group, jakarta. -------(2015), perolehan hak atas tanah, prenada media group, jakarta. soerodjo,(2003). kepastian hukum pendaftaran tanah, arloka, yogyakarta. supriadi,(2007). hukum agraria, sinar grafika, jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 abortion conducted by rape victims hermawan(1) ahmad syafi’i(2) (1) faculty of sharia and law, uin sunan ampel surabaya (2) sunan giri university, surabaya (1)email : hermawan.lawfirm9@gmail.com (2)email: karimahmadsyafii@gmail.com abstract law no. 36 of 2009 concerning health states regulations that allow a person to have an abortion with two conditions, namely: indication of medical emergencies and pregnancy due to rape that can cause psychological trauma for rape victims. the highlight of the decriminalization of abortion is article 75 of law no. 36 of 2009 concerning health, that basically abortion is prohibited, but there are exceptions, one of which is if the pregnancy is due to rape which can cause psychological trauma for rape victims. keywords: rape victims, abortion 1. preliminary the 1945 constitution of the republic of indonesia (uud 1945) is the constitutional basis of the indonesian which is the basic law for each law under it. therefore, in a country that adheres to constitutionalism, every behavior of state and community administrators is based on the constitution. article 1 paragraph (3) of the 1945 constitution explicitly states that indonesia is a state of law. thus, the indonesian constitution has affirmed that indonesia is a law-based country (rechsstaat). the concepts of rechsstaat and rule of law are related to nomocracy concepts which are etymologically derived from greek vocabulary, namely nomos and cratos. the word nomocracy can be compared with demos and cratos or kratien. in democracy, nomos means norm, cratos means power. determinant of organizer of power is the norm or law. the term nomocracy is basically closely related to the idea of legal sovereignty or the principle of law as the highest power. cicero, a philosopher stated that law cannot be separated from society. peace and justice from the community can only be achieved if the legal order has been proven to bring justice and can function effectively. "societas ibi ius" or translated into "where there is society there is law" is the words of marcus tullius cicero, a philosopher, jurist, and political expert born in rome. cicero's words crossed the era; the sentence he stated about 19 centuries ago is still valid today. health is a human right and one of the elements of welfare that must be realized in accordance with the ideals of the indonesian people as intended in the pancasila and the preamble yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 of the 1945 constitution of the republic of indonesia. therefore, every activity and effort to improve the public health to the maximum extent is carried out based on the principle of nondiscriminatory, participatory, protection, and sustainable which is very important for the formation of indonesian human resources, increasing the resilience and competitiveness of the nation, and national development. criminology is a branch of criminal law that concentrates its study on understanding crime, including the factors of occurrence of a crime. while there have been criminal laws, criminal procedural law and criminal justice systems, criminology arises because experts feel dissatisfied with the arrangements contained in criminal law, criminal procedural law and the criminal system. criminology has the scope of discussion, namely factors causing the occurrence of a criminal act and the influence of the environment on the perpetrator. modern criminology tells us how difficult it is to clearly understand the causes of a crime problem. to ensure the potential or possibility of a victim who has suffered has become one of the factors in the occurrence of crime. the problem of crime is always an interesting problem, both before and after criminology has experienced growth and development like today. criminology and victimology are related. criminology discusses broadly the perpetrators of a crime, while victimology is the study of victims of a crime. as discussed in ‘urgency for the protection of crime victims’ by the department of education, written by m. brief mansur, victimology is a missing part of criminology. in other words, victimology discusses parts that are not included in criminology studies. many said that victimology was born because the emergence of the insistence of the need for victims' problems to be discussed separately. crime of rape as regulated in article 285 of the criminal code is as follows: anyone who by force or by threat forcing a woman who is not his wife to have sex with him, due to rape, is sentenced to imprisonment for a maximum of twelve years'. article 285 of the criminal code requires the necessity of having sexual intercourse with someone that is not theperpretator’s wife accompanied by threats of violence. rape is characterized by the penetration of penis into the vaginal opening in sexual intercourse followed by physical threats and violence to the victim. 2. discussion criminal law is one of the public laws that apply in indonesia. the existence of criminal law has several objectives. there are two aims of criminal law: 1) to frighten, the existence of criminal law aims to frighten people not to conduct bad deeds (classical flow). 2) to educate people, the existence of criminal law aims to educate people who have done bad deeds so as not to repeat the act (modern flow). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 according to classical flow, criminal law aims to protect individuals from state power or power of the ruler. according to modern flow, criminal law aims to protect people from crime. thus, criminal law must pay attention to crimes committed and the state of criminals. according to the modern school, criminal law is influenced by criminological developments. national goals are general policy lines that form the basis and at the same time the goal of achieving legal politics in indonesia. these goals also form the basis and purpose of any legal reform efforts, including reform of indonesian criminal law . the third criminology seminar in 1976 concluded: "criminal law should be maintained as a means of "social defense" in the sense of protecting the public against crime by repairing or rehabilitating the perpetrators without reducing the balance of individual interests (the perpetrators) and the community. in one of the 1980 national criminal law reform symposium reports, it is stated: "in accordance with the politics of criminal law, the aim of punishment must be directed at protecting the public from crime and the balance and harmony of life in society by paying attention to the interests of society/state, victims and perpetrators". thus, there are two objectives that criminal and criminal law want to achieve, namely "community protection" and "community welfare". both goals are the cornerstone of criminal law and criminal law reform. in addition there are also goals to participate in creating world order in connection with the development of international crimes.1 based on the goal of "community protection", the purpose of criminal law enforcement can be divided into: (1) protection of the public from anti-social actions that harm and endanger the community, the purpose of punishment is to prevent and overcome crime, (2) protection of the public from its harmful nature someone, then the goal of punishment is to improve the perpetrator of the crime or try to change and influence his behavior in order to return to the law and become a good and useful citizen, (3) the protection of the community from abuse of sanctions or reactions from law enforcement or community members in general, the aim of punishment is to prevent the occurrence of ill-treatment outside the law, (4) the protection of the community from disturbance of balance or harmony of various interests and values as a result of crime, the enforcement of criminal law must be able to resolve the conflict arising by criminal acts, can restore balance and bring a sense of peace in society. community protection also includes specifically the protection of victims of crime, which surfaced after the second world war. victims in this case also include victims of "abuse of power", 1 kittichaisaree, international criminal law, oxford university press, 2001, p. 3. “international crime is such act universally recognized as criminal, which is considered a grave matter of international concern and for some valid reason cannot be left within the exclusive jurisdiction of the state that would have control over it under ordinary circumstances yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 who must obtain protection in the form of "access to justice and fair treatment, restitution, compensation and assistance".2 the term criminal comes from the hindu javanese language which means punishment, sorrow or sadness, while in dutch it is called straf. to be criminalized means punished, courtship means everything that is not good, evil, condemnation means punishment. thus, criminal law as a translation of dutch language strafrecht is all rules that have orders and prohibitions that use sanctions (threats) punishment for those who break them.3 the punishment (criminal) is an issue that can be viewed from two sides: (1) in a general sense, it is concerning the establishment of a law which stipulates a set of criminal law sanctions (granting criminal law in abstacto). (2) in a concrete sense it is related to various bodies or departments which all support and carry out the criminal law system.4 legal norms are regulations that govern certain actions, namely prohibited acts (verbod) or required (gebod). from their nature, legal interests can be divided into three groups as follows: (1) individual interests: soul, body, honor and wealth, (2) the interests of society: peace and security (3) state interests: state security.5 the definition of criminal law in an objective sense or referred to as ius poenale is a criminal law which can be seen from the aspect of prohibitions on acts, prohibitions followed by a criminal threat for those who violate the prohibition. thus, the definition of criminal law in an objective sense has the same meaning as material and formal criminal law. as formulated by the hazewinkel suringan, ius poenale is a number of legal regulations that contain prohibitions and orders or requirements whose violation can be sanctioned. the definition of criminal law in a subjective sense or ius poeniendi as a subjective aspect of criminal law, is a rule that contains or concerning the rights or authority of the state: (1) to determine restrictions in an effort to achieve public order; (2) to impose (imposing nature) criminal law which manifests itself by imposing a penalty on the violator of the prohibition; and (3) to carry out criminal sanctions imposed by the state on the offender of the criminal law. criminal law is a science or knowledge that specifically studies one particular part of legal science in general: criminal law. criminal law subjects are positive criminal law regulations, namely criminal law that applies at a certain time in a particular country. thus, the object of criminal law in indonesia is the laws that apply in indonesia. the main tasks of criminal law are: 2 van dijk, jan j.m. , introducing victimology, the 9th international symposium of the world society of victimology, amsterdam, 1997. 3 hilman hadikusuma, bahasa hukum indonesia, bandung: published by alumni, 1992. p. 114 4 soedarto, 1977, hukum dan hukum pidana, alumni, bandung, p. 50 5 satochid kartanegara, tanpa tahun, hukum pidana kumpulan-kumpulan kuliah, balai lektur mahasiswa, jakarta, p. 80 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 studying and explaining principles that form the basis of positive criminal law regulations, studying and explaining the relationship between one principle with another, after understanding the relationship then placed in a systematics, so that it can be understood what is meant by what is meant by positive criminal law. legal subject (rechtssubject) is something that according to law has the right / authority to carry out legal acts, or anything that can carry rights and obligations under the law. according to prof. chainur arrasjid, s.h. legal subject is anything that according to law can be a supporter (can have) rights and obligations. according to dr. soedjono dirdjosisworo, s.h. legal subject or subjeck van een recbt, that is "person" who has the right of a private person or legal entity who has the right or who commits a legal act. from the definition of the legal subject above, it can be concluded that the legal subject is any creature that has the authority to own, acquire, and use legal liability rights. legal subjects are divided into two: first person (naturlijke person). man is in a biological sense a symptom in nature, a biological phenomenon that is living things that have five senses and have a culture, whereas humans in a juridical sense are symptomatic in social life.6 juridically there are two reasons which mention human reasons as legal subjects. first, humans have subjective and second rights, legal authority as supporting rights and obligations. secondly, basically humans have rights, but not all humans have the authority and ability to do legal actions. second, legal entity (rechtsperson). in legal relations in the midst of society, it turns out humans are not the only legal subject (supporting rights and obligations). there are still other legal subjects frequently called "legal entities" (rechtspersoon). as for what is meant by a legal entity are associations that can bear the rights and obligations. having their own assets and can participate in legal traffic, can sue and be sued before a court. in short, it can be as a legal subject. criminal law is a normative discipline that studies crime in terms of law, or rules about crime. this study is about actions expressly referred to by law as a crime or violation, which can be subject to criminal penalties. criminal law bases on probability to find a causal relationship due to crime in society. if there are no laws and regulations that contain penalties imposed on criminals or offenders for their actions, the action in question is not an action that can be punished (not an act of evil or not a violation). this view is based on the principle of nullum delictum, nulla poena sine praviea lege poenali. criminal law seeks to link evil deeds with the results of proving that he committed such actions to put criminal responsibility. criminal law is more related to practice, because it is only 6 pipin syarifin, pengantar ilmu hukum (bandung: cv pustaka setia, 1999), p. 62 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 used after the occurrence of an evil act, so it emphasizes repressive actions. the trial is a prosecutor's indictment which is generally prepared on the basis of information and external evidence. criminology seeks to gain knowledge and understanding of social phenomena in the field of crime that occurs in the community, or in other words why the defendant has committed an evil act. criminology according to enrico ferri seeks to solve the problem of crime with positive reviews and social facts, crime including every act that threatens the collective and from the group that raises the defense reaction of the community based on its own considerations. criminology studies crime as a social phenomenon so that crime behavior cannot be separated from social interaction, meaning that crime attracts attention because of the influence of such actions that are felt in human relations. a person who is said to have committed evil if done against himself, for example taking his property to be enjoyed or deed is carried out on animals in free forest such as persecuting a wild boar he has captured. criminology emphasizes preventive actions, therefore the causes of the occurrence of a crime in the economic, social, cultural, legal and natural factors of a person are always sought, thus providing the right break through and satisfying results. criminology has more to do with theoretical issues that can affect the legislative body to create a law that is in accordance with the sense of justice of the community and also influences the rights in passing a verdict on the accused. criminology with the scope of its study involves: (1) a person who commits a crime, (2) the cause of a crime, (3). prevents crime; and ways to heal a person who has committed a crime. the object of criminology is a person in conflict with social norms, while the object of criminal law violating legal order so that it automatically raises the notion of "crime" according to criminology and according to criminal law. because criminology is a science that stands alone in addition to criminal law, it has its own definition of what is called crime. crime according to criminology is a human action in its conflict with several norms determined by society in the midst of human life. crime is a human act and a social phenomenon. criminal law focuses its attention on proving a crime while criminology focuses its attention on the causes of crime. criminology is intended to reveal the motives of the perpetrators while the criminal law is aimed at the relationship between the actions and their effects (causality relations). the motive factor can be traced to the evidence that reinforces the intention to commit crimes. van bemmelen mentioned criminology as faktuele strafrech twissens chaft while criminal law as normative strafrech twissens chaft. judging from the views and opinions about what criminology means by criminal law, it seems as if there is no connection. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 the act of rape is a criminal act that has a sexual character that occurs when a human being forces another human to have sexual intercourse in the form of vaginal penetration with the penis, by force. in indonesian dictionary, rape comes from the word rape, which means breaking or violating violence. raping is defined as a process, method, rape or violence.7 the word rape comes from the latin rapere which means stealing, forcing, robbing, or taking away8. in the past, rape crimes were often carried out to obtain a wife and rape crimes were not only in the form of copulation but all forms of attacks involving the genitals by means of violence and coercion by the perpetrator against the victim. crime of rape as stipulated in article 285 of the criminal code is as follows: siapa anyone who by force or by threatening to force a woman who is not his wife to have sex with him, due to rape, is sentenced to imprisonment for a maximum of twelve years. article 285 of the criminal code requires the obligation that any non-wife's body be accompanied by a threat of violence. rape is indicated by the penetration of the penis into the vaginal opening in sexual intercourse accompanied by physical threats and violence to the victim. based on the description, rape is: (a) a sexual relationship that is prohibited with a woman without her consent. (b) unauthorized intercourse by a man against a woman carried out by coercion and contrary to the woman's will. (c) a sexual act committed by a man against a woman who is not his wife or without his agreement is done when the woman is afraid. judging from the motives of the perpetrators of criminal acts of rape can be classified into several motives including: (a) seductive rape; rape that occurs because the perpetrator feels lust and is subjective. usually this kind of rape because between the two already know each other, for example: rape by a boyfriend, rape by a family member and rape by a friend. (b) sadistic rape; sadistic rape. in this case the perpetrator gets sexual satisfaction not because of his body's relationship but the act of violence committed by the perpetrator against the victim. (c). anger rape; rape is done as an expression of anger at the perpetrator. this kind of rape is usually accompanied by brutal acts of physical abuse. sexual satisfaction is not the goal but to vent his anger. (d). domination rape; in this case the perpetrator wants to show his dominance over the victim. physical violence is not the main objective of the victim because the main purpose is that the perpetrator wants to control the victim sexually so that the perpetrator can show that he is in control of the affected person, for example the rape of a maid by the employer.9 in general, the term abortion is defined as abortion, which is the release of the fetus prematurely, whether intentionally or not. this is usually done when the fetus is young (before the 7 tim prima pena, kamus besar bahasa indonesia (gitamedia press, t.t), p. 453 8 tim prima pena, kamus besar bahasa indonesia(t:t gitamedia press, t.t), p. 453 9 topo santoso, seksualitas dan pidana, (jakarta: in hill, 1997), p. 92-93. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 fourth month of pregnancy)10. medically, abortion is the end or death of the pregnancy before the womb reaches the age of 20 weeks, ie before the fetus can live outside the womb independently11. the term abortion or linguistic abortion means miscarriage, abortion, or removing the fetus. in legal terms, it means spending conception from the uterus prematurely (before it can be born naturally).12 abortion can be divided into two types: spontaneous abortion and abortion provocatus. spontaneous (unintentional) abortion occurs when the mother experiences severe trauma due to chronic disease, reproductive tract abnormalities, or other pathological conditions. abortion provocatus (intentionally) is an accidental abortion.13 provocatus abortion consists of two types: artificalis therapicus abortion and criminalis provocatus abortion. artificalis therapicus abortion is an abortion performed by a doctor on the basis of medical indications, namely apabia not taken abortion can endanger the mother's life. while criminalis provocatus abortion is an abortion performed to eliminate the fetus in the womb due to sexual relations outside marriage or terminate unwanted pregnancy.14 the criminal code (kuhp) is regulated in the second book of chapter xiv concerning moral crimes, especially article 299, chapter xix article 346 to article 349, and is classified as a crime against life. a description of the setting of abortion provocatus contained in each of these articles: article 299; (1). anyone who intentionally treats a woman or tells her to be treated, with the expectation or arising of hope that because the treatment can be aborted, her pregnancy is threatened with a maximum imprisonment of four years or a fine of at most forty five thousand rupiah. (2) if the guilty person does so in search of profit, or makes the act a search or habit, or if he is a physician, midwife or medicine, the penalty can be added by one third (3) if the guilty person commits the crime in carrying out a search, then the right to do the search can be revoked. article 346; a woman who intentionally aborts or turns off her womb or tells someone else to do so is threatened with a maximum of four years in prison. article 347; (1) anyone who deliberately aborts or turns off a woman without her consent is threatened with a maximum of twelve years in prison. (2) if the act results in the death of the woman, it is subject to a maximum imprisonment of fifteen years. article 348; (1) anyone who deliberately aborts or turns off a woman with her consent is threatened with a maximum imprisonment of five years and six months. (2) if the act resulted in the death of the woman, she was sentenced to a maximum of seven years in prison. 10 http://www.lbh-apik.or.id/fact-32.htm, assessed on september 16th, 2014 11 eny kusmiran, s.kp., m.kes. op.cit. p.49 12 abdul aziz dahlan, ensiklopedi hukum islam,1st edition (jakarta: pt. ikhtisar baru van hoev, 1996), p. 7 13 eny kusmiran, s.kp., m.kes.op.cit. p.49. 14 abdul aziz dahlan. op.cit, p. 7 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 article 349; if a physician, midwife or medicine agent helps to commit the crime article 346, or conducts or assists in carrying out one of the crimes described in article 347 and article 348, the crime specified in that article can be added to one third and can be revoked the right to carry out the search in which crime is committed. decriminalization is a process of elimination of the nature of the availability of an act which was originally a criminal act and also the abolition of sanctions in the form of a crime15. the problem of decriminalization of acts must be in accordance with the criminal politics adopted by the indonesian people, namely a number of actions which contradict or not contradict the fundamental values that prevail in society and are deemed appropriate or inappropriate for the community to carry out community welfare. government regulation (pp) number 61 of 2014 on reproductive health was passed by president susilo bambang yudhoyono on july 21, 2014. this regulation is the implementation of law no. 36 of 2009 on health, especially article 75, article 126, and article 127. the highlighted part is the legalization of abortion in the government regulation. article 31 government regulation no. 61 of 2014: (1). abortion can only be done based on: (a). indications of medical emergencies; or (b). pregnancy due to rape; (2). the act of abortion due to rape as referred to in paragraph (1) letter b can only be carried out if the gestational age is at the latest 40 (forty) days counted from the first day of the last period. article 34 government regulation no. 61 of 2014: (1). pregnancy due to rape as referred to in article 31 paragraph (1) letter b is a pregnancy resulting from sexual intercourse without the consent of the woman in accordance with the provisions of the legislation. (2). pregnancy due to rape as referred to in paragraph (1) is proven by; (a). gestational age in accordance with the incidence of rape, which is obtained by a doctor's certificate; and (b). information from investigators, psychologists, and / or other experts regarding alleged rape. in act no. 36 of 2009 on health, there are regulations that allow a person to have an abortion with two conditions: an indication of medical emergencies and pregnancy due to rape that can cause psychological trauma for rape victims. the highlight of the decriminalization of abortion is article 75 of law no. 36 of 2009 on health, that basically abortion is prohibited, but there are exceptions, one of which is if the pregnancy is due to rape which can cause psychological trauma for rape victims. article 75 of the health act states: (1). everyone is prohibited from having an abortion. (2). prohibition as referred to in paragraph (1) can be excluded based on; (a) indications of medical emergencies detected at an early age of pregnancy, both those which threaten the life of the mother and/or fetus, who suffer from severe genetic diseases and /or congenital defects, or which cannot 15 mahrus ali. dasar-dasar hukum pidana. jakarta. sinar grafika. 2012. p. 245 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 be repaired, making it difficult for the baby to live outside the womb; or (b) pregnancy due to rape which can cause psychological trauma for rape victims. (2). the actions referred to in paragraph 2 can only be made after going through pre-action counseling and/or counseling and end with postaction counseling conducted by competent and authorized counselors. (3). further provisions regarding indications of medical emergencies and rape, as referred to in paragraph 2 and paragraph 3, are regulated by government regulations. article 194: anyone who intentionally commits an abortion not in accordance with the provisions referred to in article 75 paragraph (2) shall be sentenced to a maximum of 10 years imprisonment and a maximum fine of rp. 1 billion. based on the description of the criminal code, law no. 36 of 2009 on health and government regulation no. 16 of 2014 on reproductive health, if abortion is carried out on the indication of a medical emergency and pregnancy due to rape that causes psychological trauma, the perpretators cannot be prosecuted. the difference in article 341 and article 342 of the criminal code is that the period of abortion is carried out, so that in the article if it is done it is not an abortion but a murder against the child. the success of a criminal justice process is highly dependent on the evidence that has been uncovered or found. in the trial process, especially with regard to witnesses, many cases were not revealed due to the absence of witnesses who could support the task of law enforcement(roesli, syafi’i, & amalia, 2018). in fact, the existence of witnesses and victims is a very decisive element in the criminal justice process. the existence of witnesses and victims in the criminal justice process has not received the attention of the public and law enforcement. unrevealed and unresolved cases were caused by witnesses and victims who were afraid to give testimony to law enforcement because they were threatened by certain parties. to foster community participation to expose crime, a conducive climate needs to be created by providing legal protection and security to everyone who knows or finds something that can help reveal the crime that has occurred and report the matter to law enforcement. witness must be given adequate legal and security protection for his report, so that he does not feel threatened or intimidated by both his rights and his soul. with the guarantee of legal protection and security, it is expected to create a condition that allows people no longer feel afraid to report a crime that they know to law enforcement, because of fear or fear of their lives threatened by certain parties. witness and victim protection in the criminal justice process in indonesia has not been specifically regulated. article 50 through article 68 of law number 8 of 1981 on criminal procedure law only regulates the protection of suspects or defendants to get protection from various possibilities of human rights violations. therefore, it is time for the protection of the witnesses and victims to be regulated by a separate law. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 based on the principle of equality before the law, witnesses and victims in the criminal justice process must be guaranteed legal protection. in line with the principle of legal equality, guarantee of legal protection of witnesses and victims has been regulated in law number 13 of 2006 on protection of witnesses and victims. law number 13 of 2006 stipulates that based on: (1). article 7 paragraph (3) concerning the provision of compensation and restitution is regulated by government regulation; and (2). article 34 paragraph (3) concerning the feasibility of providing assistance to witness and / or victim as well as the period and amount of fees regulated by the government regulation. the regulation on the implementation of the two articles is regulated in a government regulation, namely the government regulation on the granting of compensation, restitution and assistance to witnesses and victims. in this government regulation, the arrangement regarding the granting of compensation is done by submitting an application by the victim, family, or to the court through the lpsk. the court is a human rights court because the right to compensation is only in the case of severe human rights violations. lpsk in submitting a compensation application along with its decisions and considerations is submitted to the human rights court to obtain a determination. this provision applies also to requests for compensation made after a heavy human rights court decision has obtained permanent legal force. if the lpsk is of the opinion that the examination of a request for compensation needs to be carried out jointly with the principal case of gross human rights violations, the application is submitted to the attorney general. then the prosecutor of serious human rights violations in his claim included a compensation application along with the decisions and considerations of the lpsk to obtain a human rights court decision. arrangements regarding restitution granting are made by submitting an application by the victim, family or their attorney to the court through the lpsk. the meaning of the court is the district court that has the authority to examine, hear, and decide on the criminal offense concerned. in the event that a restitution application is filed based on a court decision that has obtained permanent legal force and the offender is found guilty, the lpsk shall submit the application along with the decision and consideration to the district court to obtain a determination. if the restitution application is filed before the claim is read out, the lpsk submits the application along with the decision and consideration to the public prosecutor. the public prosecutor in his claim includes a request for restitution and its decisions and considerations to obtain a court decision. in addition, this government regulation regulates the procedures for granting assistance to witnesses and / or victims. the assistance can be in the form of medical assistance and psycho-social rehabilitation assistance. assistance is provided by submitting an application by the victim, family or their attorney to the lpsk to obtain a determination regarding yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 the feasibility, time period and amount of the costs required in providing assistance. the granting of assistance by lpsk is determined by the lpsk decision. the granting of such assistance is provided based on information from doctors, psychiatrists, psychologists, hospitals, and/or health/rehabilitation centers. the period of granting of such assistance by lpsk can be extended or terminated after hearing information from doctors, psychiatrists, or psychologists. termination of the period of granting such assistance can also be done at the request of the victim. 3. conclusion based on the description of the criminal code, law no. 36 of 2009 on health and government regulation no. 16 of 2014 on reproductive health, a woman who conducts an abortion is carried out on the indication of a medical emergency and pregnancy due to rape that causes psychological trauma, the abortionist cannot be prosecuted . the difference in article 341 and article 342 of the criminal code is that the period of abortion is carried out, thus, it is not an abortion but a murder against the child. bibliography abdul wahid dan muhammad irfan, (2011), perlindungan terhadap korban kekerasan seksual, cetakan kedua, pt. refika aditama, bandung. achie sudiarti luhulima. (2000), pemahaman bentuk-bentuk tindakkekerasan terhadap perempuan dan alternatif pemecahannya,p.t. alumni, jakarta. g.widiartana, (2013), viktimologi prespektif korban dalam penanggulangan kejahatan, cetakan kelima, universitas atmajaya yogyakarta, yogyakarta. lamintang dan theo lamintang, s.h, (2009), delik-delik khusus kejahatan melanggar norma kesusilaan dan norma kepatutan, second edition, jakarta. maidin gultom, (2012), perlindungan hukum terhadap anak dan perempuan, cetakan kesatu, pt.refika aditama, bandung. moh.hatta, (2012), tindak pidana perdagangan orang dalam teori dan praktek, cetakan pertama, liberty yogyakarta, yogyakarta. rena yulia, (2010), viktimologi perlindungan hukum terhadap korban kejahatan, cetakan pertama, graha ilmu, yogyakarta. roesli, m., syafi’i, a., & amalia, a. (2018). kajian islam tentang partisipasi orang tua dalam pendidikan anak. jurnal darussalam: jurnal pendidikan, komunikasi dan pemikiran hukum islam, 9(2), 332–345. satya arinanto dan ninuk triyanti, 2006, memahami hukum: dari kontruksi sampai implementasi, cetakan pertama, pt.raja grafindo persada, jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 siswanto sunarso. (2012), viktimologi dalam sistem peradilan pidana, cetakan pertama, sinar grafika, jakarta. sudikno mertokusumo. (2005), mengenal hukum, second edition, liberty yogyakarta, yogyakarta. suryono ekotama, st. harum pudjiarto, g. widiartana. (2001), abortus provocatus bagi korban perkosaan prespektif viktimologi, kriminologi dan hukum pidana, cetakan pertama, andi offset, yogyakarta. theo van boven. (2002), mereka yang menjadi korban hak korbanatas restitusi, kompensasi, dan rehabilitasi, cetakan pertama elsam, yogyakarta. vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 58 issn print 2086-6852 and issn online 2598-5892 legal review of granting of building utilization rights (hgb) for 160 years to investors in the capital city of the nusantara development (ikn) abdul zaini 1 , muhammad syihabuddin 1 , wiranti 1 , wiwit wijayanti 1 1 faculty of law, airlangga university surabaya, indonesia *corresponding author e-mail: abdul.zaini-2021@fh.unair.ac.id article history: received: january 12, 2023; accepted: march 12, 2023 abstract the purpose of this writing is to understand the policies issued by the government of indonesia through the ministry of agrarian affairs and spatial planning/national land agency (atr/bpn) offering incentives for building use rights (hgb) for up to 80 years and even up to 160 years for investors in mrs. archipelago city (ikn). laws and regulations regarding the term of building use rights have been regulated in law number 5 of 1960 concerning basic agrarian regulations, other laws and regulations which also regulate building use rights are in government regulation number 18 of 2021 concerning management rights. , land rights, apartment units and land registration, the hgb period according to this law is given for a maximum period of 30 years, extended for a maximum period of 20 years and renewed for a maximum of 30 years. the research method used in this paper is a type of normative research that analyzes the granting of building use rights (hgb) for 160 years to investors for the development of the archipelago capital city (ikn). this normative research emphasizes written documents such as laws and regulations, court decisions, legal theories and opinions of scholars. the granting of building use rights to investors for the development of the archipelago capital city cannot be given at the same time, extension and renewal of hgb for 160 years, but building use rights for 30 (thirty) years are given then extended for 20 (twenty) years, and renewal is carried out for 30 (thirty) years after the expiry of the land with the right to build, it will return to become land directly controlled by the state or land with management rights. keywords: hgb period, investors, ikn, national capital. 1. introduction land law is the entirety of legal provisions, both written and unwritten, all of which have the same object of control, namely land tenure rights as legal institutions and as concrete legal relations with public and private aspects, which can be compiled and studied systematically until become a unit (santoso & sh, 2017). according to effendi, the law of land is the whole of the legal regulations, both written and unwritten, that govern tenure rights over land, which are legal institutions and concrete legal relations.(suhariono et al., 2022) the legal object of land is land tenure rights, while what is meant by land tenure rights are rights that contain a series of authorities, obligations and/or prohibitions for the holder of the right to do something about the land being claimed.(hernoko et al., 2022) something that is permissible, obligatory or prohibited to do, which is the content of tenure rights, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 59 issn print 2086-6852 and issn online 2598-5892 is the criterion or benchmark that differentiates between tenure rights over land regulated in land law (arba, 2021). the hierarchy of tenure rights to land in the national land law consists of the indonesian people's rights to land, state control rights to land, customary law community customary rights, and individual rights to land.(kusuma, 2020) regarding the state's right to control land, it is regulated in the provisions of article 33 paragraph (3) of the 1945 constitution that" earth and water and the natural wealth contained therein are controlled by the state and used for the greatest prosperity of the people".(undang-undang nomor 5 tahun 1960 tentang peraturan dasar pokokpokok agraria, n.d.) the meaning of the word controlled does not mean to be owned but to give authority to the state as the power organization of the indonesian nation to regulate and administer its allocation, use, supply and maintenance, determine and regulate rights that can be owned over land, water and space, and determine and regulate legal relations between persons and legal actions concerning earth, water, and space.(fajri, 2021) land rights are rights that give authority to the right holder to use and or take advantage of the land that is his right. the word use implies that land rights are for the benefit of constructing buildings, while the word take advantage implies that land rights are for the benefit of agriculture, fisheries, animal husbandry and plantations.(santoso, 2005) january 18, 2022, is a historic day for the indonesian nation when the bill on the state capital (ikn) was passed into law by the indonesian parliament and the government.(ayundari, 2022) thus, indonesia will have ikn which replaced jakarta. the relocation of the nation's capital city is a hot issue for the global community and the government. a number of problems became the basis for moving the capital city hastily.(romadhona, subagyono, et al., 2022) first, namely population density, especially in the area of jakarta and the island of java. second, development gaps between regions are also a strong reason for relocating the national capital.(saputra et al., 2021) east kalimantan, to be precise in kutai kartanegara (kukar) and north penajam paser (ppu) as the locations for moving the new capital city later. east kalimantan itself, in the results of a study conducted by bappenas, showed the results of an area delineation assessment of 180,965 hectares and a potential area of 85,885.83 hectares.(saputra et al., 2021) the basic considerations based on studies from the ministry of national development planning/bappenas in determining the location for relocating the national capital to east kalimantan include: a. strategic location, geographically in the middle of indonesia; b. available land owned by the government/bumn plantation to reduce investment costs; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 60 issn print 2086-6852 and issn online 2598-5892 c. the land must be free from earthquakes, volcanoes, tsunamis, floods, erosion, as well as forest and peatland fires; d. adequate water resources are available and free from environmental pollution; close to the existing city that has developed for the efficiency of the initial infrastructure investment, covering 1) mobility/logistics access such as airports, seaports and roads; 2) the availability of deep sea ports which are very important for realizing indonesia as a maritime country through inter-island sea highway connectivity; and 3) adequate levels of drinking water, sanitation, electricity and communication network services to be developed; 4) the potential for social conflict is low and has an open culture towards newcomers; 5) meet the defense and security perimeter. bappenas in his study stated that the transfer of ikn would have a positive impact on the national economy with a predicted increase in grdp of 0.1%.(romadhona, 2022) bappenas states that the increase in grdp comes from the utilization of potential resources, such as land clearing for productive infrastructure needs and job opportunities for skilled human resources which have not been utilized so far. bappenas specifically estimates that there will be an increase in labor wages for the surrounding area as reflected in an increase in the price of labor of 1.37%, the transfer of ikn is predicted to increase national economic growth with a controlled inflation rate. in aggregate, the welfare of the people in the new ikn locations will increase and have the potential to reduce economic inequality between java island and outside java island.(aditua & silalahi, 2019) the development of the archipelago's capital city is not purely financed from the state revenue and expenditure budget (apbn) but through other schemes, namely public private partnership (ppp), participation schemes for business entities whose capital is wholly or partly owned by the state including state-owned enterprises/pure private companies, support schemes international funding/financing and other funding schemes (creative financing).(undang-undang republik indonesia nomor 3 tahun 2022 tentang ibu kota negara, lampiran ii hal 123-124, n.d.) apart from going through the scheme mentioned above in order to maximize the sources of funding needed for the development and operation of ikn, sources of funding can come from the use of state property (bmn), including through the following schemes: a. rent: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 61 issn print 2086-6852 and issn online 2598-5892 in the form of utilization of state property for a certain period of time in order to obtain compensation in the form of cash; b. utilization cooperation: the government can provide land for use, while the construction and operation of the building or facilities built will be carried out by the developer as a form of return on investment; as well as c. build for handover/build for handover: this scheme is almost the same as the procedures for utilization cooperation, with the transfer of assets carried out directly after construction (handover scheme), or at the end of the operating period (handover scheme).(undang-undang republik indonesia nomor 3 tahun 2022 tentang ibu kota negara, lampiran ii hal 123-124, n.d.) financing schemes offered by the government with ppp schemes, pure private and international financing funding from investors require certainty of profitable investment guarantees. the continuity of its business activities will not stop in the middle of the road or the time needed is not long enough so that the investor does not get a profit. the need for land for investors is absolutely necessary for development activities to be carried out in the provision of capital city infrastructure archipelago.(sunyowati et al., 2022) provision of land for the development of ikn is carried out through a forest area release mechanism and a land acquisition mechanism. for the release of forest areas, what will be released are industrial plantation forests (hti) in forest areas that have been converted into convertible production forests (hpk) so that they can be used for the construction of ikn, which the ministry of environment and forestry has requested for its release. and for procurement through the land acquisition mechanism for development in the public interest.(sunyowati et al., 2022) procurement through the land acquisition mechanism for development in the public interest is carried out after procurement through direct procurement has not reached an agreement, as stipulated in presidential regulation number 65 of 2022 concerning land acquisition and land management in the capital city of the archipelago article 10 reads as follows: paragraph (1) in the context of efficiency and effectiveness, the acquisition of land in the archipelago capital city can be carried out through direct land procurement as referred to in article 4 paragraph (1) letter b by the archipelago capital city authority with the entitled parties by means of buying and selling, grants, voluntary release, ruislag, or other agreed means. paragraph (2) in the event that no agreement is reached on direct land acquisition as referred to in paragraph (1), land acquisition in the archipelago's capital city uses the land procurement mechanism for development in the public interest. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 62 issn print 2086-6852 and issn online 2598-5892 land in the archipelago capital city obtained from relinquishment of forest areas and/or land acquisition is designated as state property (bmn) or/or assets under the control of the archipelago capital authority (adp).(peraturan presiden nomor 65 tahun 2022 tentang perolehan tanah dan pengelolaan pertanahan di ibukota nusantara, pasal 11, n.d.) land in the archipelago capital city that is designated as state property is land that is related to the administration of government and is granted usufructuary rights to the archipelago capital city authority and/or ministries/agencies (khusus & nusantara, 2022), whereas land in the archipelago capital city that is designated as adp is granted management rights to the archipelago capital authority (khusus & nusantara, 2022). based on laws and regulations in the field of land, management rights can only be owned by government legal entities that have main tasks and functions related to land management and from land management rights can be issued building use rights, usage rights, or property rights.(santoso, n.d.) building use rights (hgb) are one of the objects of land registration so that the granting, transfer, as well as the imposition and elimination of building use rights must be registered.(sulistiyono, 2019) the indonesian government through the ministry of agrarian affairs and spatial planning/national land agency (atr/bpn) offers licensing incentives for building use rights (hgb) for up to 80 years and even up to 160 years for investors in the archipelago capital (ikn), building use rights for 80 years this was done to make it easier for investors to invest in the national capital city. the hgb for 80 years will be divided into three stages, namely the first stage for 30 years, the second stage for 30 years, and the third stage for 20 years so that the total is 80 years. the hgb for 80 years can be extended for another 80 years, so that it is 160 years.(hidayat, 2022) based on what has been described in the background of the problem above, the problem to be studied in this paper is formulated that whether building use rights can be granted immediately for 160 years as conveyed by the indonesian government through the ministry of agrarian affairs and spatial planning/national land agency (atr/ bpn). 2. research methods legal research can be referred to as the process of finding a rule of law, legal principles, or legal doctrines in order to answer a legal issue at hand.(muhammad reza murti, 2018) legal research is different from other social science research because a social science research deals with what exists, in this case to examine the truth of facts, not what it should be.(mertokusumo, 2014) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 63 issn print 2086-6852 and issn online 2598-5892 according to sudikno mertokusumo, legal research that examines rules or norms is called normative research.(muhammad reza murti, 2018) meanwhile, according to peter mahmud marzuki, normative legal research is a process to find legal principles, legal rules, and legal doctrine in order to answer the legal issues at hand.(diantha & sh, 2016) based on this, this study uses a normative research type that analyzes the granting of building use rights (hgb) for 160 years to investors for the development of the archipelago capital city (ikn) legal research generally has two types, namely the normative juridical type and the empirical juridical type. regarding the type of normative juridical research, namely the type of research that refers to legal norms that exist in laws and regulations and court decisions as well as legal norms that exist in society. whereas in the empirical juridical research type it is an approach by looking at a legal reality that exists in society.(ali, 2021) therefore, it can be concluded that the type of research used in this article is normative juridical. the type of data used in this research is secondary data, which consists of: a. primary legal material primary legal material is legal material that is authoritative in nature, which means it has authority. primary legal materials include statutory regulations, official records, or treatises on the making of laws and judges' decisions.(djulaeka & devi rahayu, 2020) b. secondary legal material secondary legal material is legal material supporting primary legal material in the form of publications about law, such as books, law journals, as well as opinions from legal scholars as well as comments relating to the legal issues discussed.(muhammad reza murti, 2018) the legal material collection technique uses data used through library research by collecting data that has been published in the form of books, journals, theses, theses, dissertations and other scientific works, as well as opinions from legal scholars.(subagyono et al., 2022) analysis of legal materials is an elaboration of the process of utilizing data that has been collected and then used to solve research problems. the data obtained from the results of the research were identified and then analyzed qualitatively so as to produce a solution to the problem of the legal issues studied which were elaborated in a systematic, holistic and objective discussion.(wiranti, 2021) 3. results and discussion the capital city in the development of a country has a strategic position not only for the administration of government,(romadhona, kurniawan, et al., 2022) this is based on several http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 64 issn print 2086-6852 and issn online 2598-5892 reasons which include: first, the capital city becomes the center for the formulation of various development policies which will not only determine the growth and development of the capital city. itself, but will also determine the pattern and direction of national development. second, the capital city is used as an example to illustrate the success of a country's development and is used as a comparison measure of success for other regions. third, in the context of international image, the capital city is considered a representation of a country, so that the good or bad condition of the capital city will reflect the international world's assessment of the country concerned.(herdiana, 2020) the capital city is usually also the center of government, business center and center of power and policy in a country. although in practice in some countries, this is not always the case. for example in the united states where the capital is in washington, but washington is not a business center in that country but in new york. likewise in australia where the national capital is canberra, while the business center is melbourne.(hadi & ristawati, 2020) referring to the big indonesian dictionary, the capital city is the city where the central government of a country is located, where the administrative elements are assembled, namely the executive, legislative and judiciary; the city is the seat of government.(hadi & ristawati, 2020) the concept of the capital city is not stated in detail in the laws and regulations, but in the provisions of law number 3 of 2022 concerning the state capital it is stated that the state capital is the capital of the unitary state of the republic of indonesia, further in article 2 it is stated that the capital of the archipelago has a vision as a world city for all that is built and managed with the aim of: a. become a sustainable city in the world; b. as a driver of the indonesian economy in the future; and c. become a symbol of national identity that represents the diversity of the indonesian nation, based on pancasila and the 1945 constitution of the republic of indonesia.(undangundang nomor 3 tahun 2022 tentang ibu kota negara, n.d.) the relocation of national capitals in several countries is of course based on prior studies so that several countries can move their national capitals with the concept of separating the center of government and the center of the economy.deny slamet pribadi and setiyo utomo, „dampak perpindahan ibu kota negara terhadap pemulihan ekonomi dalam perspektif persaingan usaha‟ (2021) 2 jurnal persaingan usaha [27]. relocating capital cities in various countries is a long-term policy that requires careful planning and a relatively long development process.(herdiana, 2020) one sector that requires careful planning is in the field of land acquisition for the development of the national capital city, in this case president joko widodo signed presidential regulation (perpres) number 65 of 2022 concerning land acquisition and land management in the archipelago capital city (ikn) on 18 april 2022. in article 2 chapter ii concerning land http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 65 issn print 2086-6852 and issn online 2598-5892 acquisition in the archipelago capital city (ikn) it is stated that land acquisition in ikn is carried out by two mechanisms, namely the release of forest areas and land acquisition. the acquisition of land in ikn with land acquisition is carried out in two ways, namely:(puspasari, 2022) 1. direct land acquisition article 10 states that in the context of efficiency and effectiveness, land acquisition at the ikn can be carried out through land acquisition directly by the ikn authority with the entitled party by means of buying and selling, grants, voluntary releases, ruislag, or other means. agreed. then, in the event that no agreement is reached on land acquisition directly, land acquisition in ikn uses the land acquisition mechanism for development in the public interest. 2. land procurement for public interest land acquisition for public interest is conducted to support the preparation, development and transfer of ikn, as well as the administration of special regional governmentscapital archipelago. article 5 states that land acquisition for development in the public interest is carried out through four stages, namely, planning, preparation, implementation and delivery of results as for the land rights mentioned in article 4 paragraph (1) of the uupa,(undangundang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria, n.d.) the types are described in article 16 paragraph (1) and article 53 of the uupa. according to article 16 paragraph (1) of the uupa, the types of land rights are: a. right of ownership; b. cultivation rights; c. building rights; d. usage rights; e. rent rights for buildings; f. right to open land; g. right to collect forest products. h. other rights that are not included in those rights on land that will be determined by law, as well as rights that are temporary in nature as mentioned in article 53. temporary land rights are stated in article 53 of the uupa, namely: a. lien; b. profit sharing business right; c. hitchhiking right; d. agricultural land lease rights.(santoso, 2011) according to sri hajati, based on article 16 paragraph (1) of the uupa and article 53 of the uupa, various types of land rights are divided into 3 groups, namely: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 66 issn print 2086-6852 and issn online 2598-5892 1. permanent land rights the types of rights are property rights, business use rights, building use rights, use rights, rental rights for buildings, the right to open land, and the right to collect forest products. 2. land rights to be determined by law. there are no rights yet 3. temporary land rights such rights are mortgage rights, business rights for revenue sharing, boarding rights, agricultural land rental rights. one of the land rights mentioned in the bal is the building use right (hgb). in article 35 paragraph (1) of the uupa, the definition of building use rights is given, namely the right to build and own buildings on land that is not their own, with a maximum period of 30 years.(romadhona, wati, et al., 2022) building use rights originate from land that is not his own. land that is not his own is land that originates from state land, management rights land, and property rights land. building use rights are valid for a certain period of time, the term can be extended, and the rights can be renewed. arrangements for building use rights in its development are regulated in law number 11 of 2020 concerning job creation, articles article 142, article 185 letter b and government regulation number 18 of 2021 concerning management rights, land rights, flats units, and land registration. building use rights are regulated in article 34 to article 48 of government regulation number 18 of 2021. the definition of building use rights is stated in article 35 paragraph (1) of the uupa, namely the right to build and own buildings on land that is not their own, with a maximum period of 30 years. the origin of the building use rights land is land that is not his own. land that is not his own according to the bal is state land and private land. meanwhile, land that can be given building use rights according to government regulation no. 18 of 2021 is state land, land with management rights and land with freehold. those who can have building use rights according to uupa and government regulation no. 18 of 2021, is: a. indonesian citizens; and b. legal entity established according to indonesia and domiciled in indonesia. the occurrence of building use rights is regulated by government regulation no. 18 of 2021, explained as follows: 1. right to use buildings on national land http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 67 issn print 2086-6852 and issn online 2598-5892 the right to use buildings on national land is granted by the minister's decision to grant the right 2. building use rights over land management rights building use rights over land management rights are granted with a decision to grant rights by the minister based on the approval of the management right holder. 3. right to use the building on the land with the right to own the right to use a building over a private land occurs through the granting of a right by the holder of a property right with a valid deedmade by the land deed making office. the granting of building use rights must be registered at the land office. the right to build on state land, on management right land, or on private land occurs when registered by the land office. holders of building use rights are given a certificate of land rights as proof of title.(peraturan pemerintah no 18 tahun 2021 tentang tentang hak pengelolaan, hak atas tanah, satuan rumah susun, dan pendaftaran tanah, pasal 37 ayat (3), n.d.) the term of building use rights based on the origin of the land, namely (uu-ri, 2021): 1. right to use buildings on national land building use rights over state land are granted for a maximum period of 30 (thirty) years, extended for a maximum period of 20 (twenty) years, and renewed for a maximum period of 30 (thirty) years. 2. building use rights over land management rights are granted for a maximum period of 30 (thirty) years, extended for a maximum period of 20 (twenty) years, and renewed for a maximum period of 30 (thirty) years. 3. building use rights over freehold land are granted for a maximum period of 30 (thirty) years and can be renewed by deed of granting building use rights over freehold rights. the conditions that must be fulfilled by the holder of the building use right for an extension of the period or renewal of the building use right are stipulated in article 40 of government regulation no. 18 of 2021, explained as follows: 1. building utilization rights above the state, the conditions that must be met are: a. the land is still being cultivated and utilized properly in accordance with the circumstances, nature and purpose of granting the rights; b. the conditions for the granting of rights are properly met by the rights holder; c. the right holder still meets the conditions as a right holder; d. the land is still in accordance with the spatial plan; and e. not used and/or planned for the public interest. 2. building use rights over land management rights, the conditions that must be met are: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 68 issn print 2086-6852 and issn online 2598-5892 a. the land is still being cultivated and utilized properly in accordance with the circumstances, nature and purpose of granting the rights; b. the conditions for the granting of rights are properly met by the rights holder; c. the right holder still meets the conditions as a right holder; d. the land is still in accordance with the spatial plan; and e. not used and/or planned for the public interest. and get approval from the holder of management rights. 3. right to use the building on the land with the right to own building use rights on land property rights can be renewed by granting new building use rights with a deed drawn up by the land deed official and these rights must be registered at the land office upon agreement between the building use rights holder and the property rights holder. an application for an extension of the term of the right to use a building can be submitted after the land has been used and utilized in accordance with the purpose of granting the right or at the latest before the end of the term of the right to use the building. application for renewal of building use rights shall be filed no later than 2 (two) years after the expiration of the building use rights period.(peraturan pemerintah no 18 tahun 2021 tentang tentang hak pengelolaan, hak atas tanah, satuan rumah susun, dan pendaftaran tanah, pasal 41 ayat (2) dan ayat (2), n.d.) in the event that the building use right is built by an flat on state land, then the granting and extension period can be carried out at the same time with an accumulative period of no longer than 50 (fifty) years after obtaining the certificate of proper function or in the case of the building utilization right the flat unit is built in over land with management rights, the period for granting, extension and renewal can be carried out at the same time with an accumulative period of no longer than 80 (eighty) years after obtaining a certificate of worthy function.(permen agraria dan tata ruang/ kepala badan pertanahan no 18 tahun 2021 tentang tata cara penetapan hak pengeloalan dan hak atas tanah pasal 87 ayat 2, n.d.) in the case of building use rights over land with management rights, a period of extension and renewal of rights can be granted if the land has been used and utilized in accordance with the purpose of granting rights, the extension or renewal of building use rights must be registered at the land office. after the building use rights for 30 (thirty) years are granted then extended for 20 (twenty) years, and the 30 (thirty) year renewal expires, the building use rights land returns to become land directly controlled by the state or land with management rights.(peraturan http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 69 issn print 2086-6852 and issn online 2598-5892 pemerintah no 18 tahun 2021 tentang tentang hak pengelolaan, hak atas tanah, satuan rumah susun, dan pendaftaran tanah, pasal 37 ayat (3), n.d.) land that is directly controlled by the state after the building use right expires, the rearrangement of use, utilization and ownership becomes the authority of the minister and priority can be given to former right-holders by taking into account:(peraturan pemerintah no 18 tahun 2021 tentang tentang hak pengelolaan, hak atas tanah, satuan rumah susun, dan pendaftaran tanah, pasal 37 ayat (4), n.d.) a. the land is still being cultivated and utilized properly in accordance with the circumstances, nature and purpose of granting the rights; b. the conditions for the granting of rights are properly met by the rights holder; c. the right holder still meets the conditions as a right holder; d. the land is still in accordance with the spatial plan; e. not used and/or planned for public interest; f. natural resources and environment; and g. the condition of the land and surrounding communities. 4. conlusion provision of land with building use rights for investors for the development of the archipelago capital city, namely building use rights on state land and building use rights on management rights. building use rights are granted for a maximum period of 30 (thirty) years, extended for a maximum period of 20 (twenty) years, and renewed for a maximum period of 30 (thirty) years.holders of building use rights on state land to extend the period or renewal of building use rights must meet the following requirements: a. the land is still being cultivated and utilized properly in accordance with the circumstances, nature and purpose of granting the rights; b. the conditions for the granting of rights are properly met by the rights holder; c. the right holder still meets the conditions as a right holder; d. the land is still in accordance with the spatial plan; and e. not used and/or planned for the public interest. and for holders of building use rights over land with management rights, in order to extend the period or renewal of building use rights, apart from having to meet the requirements, such as holders of building use rights over state land, they must also obtain approval from the holder of management rights. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 70 issn print 2086-6852 and issn online 2598-5892 in the event that the building use right is built by an flat on state land, then the granting and extension period can be carried out at the same time with an accumulative period of no longer than 50 (fifty) years after obtaining the certificate of proper function or in the case of the building utilization right the flat unit is built in over land with management rights, the period for granting, extension and renewal can be carried out at the same time with an accumulative period of no longer than 80 (eighty) years after obtaining a certificate of worthy function. after the building use rights for 30 (thirty) years are granted, then they are extended for 20 (twenty) years, and renewal for 30 (thirty) years after the expiration of the building use rights land returns to become land directly controlled by the state or land with management rights. . land that is directly controlled by the state after the building use right expires, the rearrangement of use, utilization and ownership becomes the authority of the minister and priority can be given to former right-holders by taking into account: a. the land is still being cultivated and utilized properly in accordance with the circumstances, nature and purpose of granting the rights; b. the conditions for the granting of rights are properly met by the rights holder; c. the right holder still meets the conditions as a right holder; d. the land is still in accordance with the spatial plan; and. not used and/or planned for public interest; f. natural resources and environment; and g. the condition of the land and surrounding communities so based on the description above, the granting of building use rights to investors for the development of the archipelago capital city cannot be given at the same time, extension and renewal of hgb for 160 years, but building use rights for 30 (thirty) years are given then extended for 20 (twenty) ) year , and renewal for 30 (thirty) years after the expiration of the building use rights land returns to become land directly controlled by the state or land with management rights. land that is directly controlled by the state after the building use rights expire, the rearrangement of use, utilization and ownership becomes the authority of the minister and priority can be given to former right-holders by taking into account the conditions stipulated in article 37 paragraph (4) of government regulation no. 18 of 2021 concerning management rights, land rights, apartment units, and land registration. references aditua, s., & silalahi, f. (2019). dampak ekonomi dan risiko pemindahan ibu kota negara 19. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 71 issn print 2086-6852 and issn online 2598-5892 ali, z. (2021). metode penelitian hukum. sinar grafika. arba, m. (2021). hukum agraria indonesia. sinar grafika. ayundari. (2022). urgensi pemindahan ibu kota negara. djkn kemenkeu. diantha, i. m. p., & sh, m. s. (2016). metodologi penelitian hukum normatif dalam justifikasi teori hukum. prenada media. djulaeka, s. h., & devi rahayu, s. h. (2020). buku ajar: metode penelitian hukum. scopindo media pustaka. fajri, m. 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(2019). kepastian hukum hak guna bangunan di atas hak pengelolaan http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 73 issn print 2086-6852 and issn online 2598-5892 pemerintah kabupaten klaten. dinamika hukum, 10(2), 68. sunyowati, d., indriani, m., firdhausy, a., & romadhona, m. k. (2022). can big data achieve environmental justice? indonesian journal of international law, 19(3), 6. undang-undang nomor 3 tahun 2022 tentang ibu kota negara. undang-undang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria. undang-undang republik indonesia nomor 3 tahun 2022 tentang ibu kota negara, lampiran ii hal 123-124. uu-ri. (2021). peraturan pemerintah republik indonesi nomor 18 tahun 2021 tentang hak pengelolaan, hak atas tanah, satuan rumah susun, dan pendaftaran tanah. lembaran negara republik indonesia tahun 2021 nomor 28, 086597, 1–99. wiranti, w. (2021). tinjauan yuridis perubahan ketentuan upah pekerja pada undang-undang nomor 11 tahun 2020 tentang cipta kerja. universitas hasanuddin. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 lease agreement characteristics of virtual office desi karunia sari faculty of law, airlangga university e-mail: dezykey@gmail.com abstract this article is entitled characteristics of virtual office lease agreements. this is a normative juridical legal research. the approach used are statute approach and conceptual approach. the problem discussed in this article is virtual office lease agreement that uses office addresses as business addresses and make the business address the object of the agreement. in fact, there is no physical address, meaning the object of the agreement is an intangible object that is associated with the validity of the agreement. there are 2 (two) main issues in this research, namely: (1) the concept of objects in a virtual office lease agreement rents (2) the application of leasing agreement principle in bw to virtual office. keywords: concept of objects, lease agreements, virtual offices. 1. introduction in the past decade, information technology has developed rapidly and has played a major role in driving economic growth globally. many business sectors switch from conventional to digital technology or commonly known as e-commerce. electronic commerce or abbreviated as ecommerce is a business activity involving consumers, manufacturers, service providers, and intermediaries by using computer networks1. economic development must be accompanied by good legal developments. the function of the law is not only to regulate but also to guarantee legal certainty about relationships that arise as a result of business relationships. to ensure legal certainty between parties, an agreement or contract is required. the legal certainty of an agreement is revealed from the power of binding the agreement, i.e as an act for those who make it2. article 1313 burgelijk wetboek explains that an agreement is an act in which one party or more binding in article 1313 bw is considered incomplete. while there is no standard definition of virtual office term in theory, in practice there is definition based on several concepts from experts and practitioners (roesli, heri, & rahayu, 2017). one definition explains that virtual office is a business that offers office address rentals equipped with services such as receptionists, meeting rooms or conference rooms without having to physically own or rent an office3. 1 niniek suparni, cyberspace, problematika dan antisipasi pengaturannya, sinar grafika, jakarta, 2009, p. 30 2 salim, suatu pengantar hukum perdata tertulis (bw), cet. iii, sinar grafika, yogjakarta, 2005, p. 37 3 aurelio locsin, “define a virtual office”, http://smallbusiness.chron.com/define-virtual-office yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 problems arise from the positive law that applies in indonesia, because the definition of a lease agreement according to bw is to give to others "the enjoyment of an item". goods are narrow meanings of objects, namely something tangible or concrete. based on article 1320 bw, in order to a law is deemed valid in binding both parties, four conditions are needed. the legal terms of the agreement are stipulated in article 1320 bw. there are 4 legal terms of agreement, they are: 1. subject 2. capability 3. a certain object 4. allowed cause virtual office leasing agreements are constrained by the third condition "certain object". in a leasing agreement, the object promised must be an "enjoyment of an item" while the object in virtual office agreement is an office address or an intangible object. this is interesting to study because this is a manifestation of the development of the world of information technology that has changed the pattern of the business world. at present, a lease agreement does not always include tangible objects. objects of intangible objects can also become objects of agreement. therefore the analysis of this research is more emphasized on objects in virtual offices related to the validity of the lease agreement. based on the background described above, the problems in this study can be formulated as follows: 1. objects in a virtual office lease agreement 2. the application of lease agreement principle in bw to a virtual office lease agreement leases 2. method this is normative legal research that begins with gathering legal norms from the source, analyzing relationships between legal norms, explaining difficult fields, and predicting futuristic developments. the conceptual approach is used by studying views and doctrines in law. the researchers find ideas that emerged legal notions, legal concepts, and legal principles relevant to the issues at hand. this conceptual approach is used to lay legal concepts about agreements within the scope of a lease agreement for a virtual office. the conceptual approach is carried out when researchers do not move from the existing legal rules. this is conducted because there is no or no yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 legal rule for the problem at hand4. the legislative approach is carried out by examining all laws and regulations relating to legal issues being addressed. legal analysis resulting from normative legal research that uses a legislative approach is more accurate if aided by one or more other suitable approaches to enrich legal judgments to deal with the legal problems at hand5. 3. results and discussion 3.1 the object in the lease agreement rents a virtual office the regulation of objects in indonesia is summarized in bw, and is more detailed in book ii bw to ensure the existence of excellent legal certainty. the position of objects in human life is very important and is dominated by legal provisions which are positioned as dwingend recht. therefore, the relevant legal provisions must apply, and it is not possible for the parties to override or deviate them6. with such normalization patterns, book ii bw is closed in nature. bw distinguishes objects in several groups, namely tangible objects and intangible objects, movable and immovable objects, objects that can be used up and which cannot be used up, objects that are now available and which will later be available, objects that can be divided and cannot be divided, and objects which are in trade and outside of trade. there is a need to distinguish objects as registered and unregistered ones. there are two terms used in bw, objects (zaak) and goods (goed). in general, objects (tangible, parts of wealth, rights) are things that can be controlled by humans and can be used as objects of law (article 499 bw). this definition is abstract, which is called the legal subject (supporting rights and obligations). the word "can" here has an important meaning, because it opens up a variety of possibilities, namely at certain times something is not yet a legal object, but at other times it is an object of law. to be an object of law there are conditions that must be fulfilled, namely authority of human and has economic value and therefore can be used as an object (deed) law7. definition of objects under article 499 bw, "material is every item and every right, which can be controlled by property rights." 4 peter mahmud marzuki, penelitian hukum, kencana prenada media group, jakarta, april, 2013, p. 225 5 jonaedi efendi dan johny ibrahim, metode penelitian hukum normatif dan empiris, prenadamedia group, jakarta, 2016, p. 134. 6 moh. isnaeni, hukum benda dalam burgelijk wetboek, pt. revka citra media, surabaya, 2016, p. 4 7 mariam darus badrulzaman, mencari sistem hukum benda nasional, cet. 2, alumni, bandung, 1997, p. 35 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 from the definition, objects in the meaning of law are all things that can be objects of law and goods that can be owned and the rights of every person who is protected by law, where the object can be in the form of goods and intangible items8. virtual offices are a manifestation of fast-moving technological developments that alters the current pattern of human thinking. economic development followed by technological development leads people to advance and think effectively and efficiently. with the existence of a virtual office, a start-up entrepreneur does not need to need large fees and a large number of employees. therefore, the presence of a virtual office is welcomed positively by entrepreneurs, because this concept is a new concept in business. this concept is able to bridge the problems in society. the object in a virtual office lease agreement is a business address. an object can be made a legal object if it fulfills certain conditions, i.e human authority, economic value and can therefore be used as an object (legal action). concept of objects in a virtual office lease agreement is an intangible object. the address is used as an object that can be used as an object in a lease agreement. to prove that this concept can be used as a legal object, it must fulfill the requirements, i.e human authority and economic value. business addresses as object of agreement can be categorized as intangible object, hence, comparison is needed to analyze. current domain name is object. in essence, address is closely related to the term position, residence and domicile. definition of address is found in the legal context of the limited liability company regulated in law no. 40 of 2007 on limited liability companies. while not explicitly explained, this definition can be used as a limitation. in law no. 40 of 2007 contains article 5 paragraph (2) and (3), article 8 paragraph (2) letter a, article 9 paragraph (1) letter e and article 29 paragraph (2) letter b. in the explanation of article 5 of law no. 40 of 2007, a company must have an address in accordance with the place of domicile that must be stated, including in correspondence. thus, the definition of address is the identity of a location that shows the place of residence/residence/domicile. domain names can also be found in law number 19 of 2016 concerning amendments to information and technology law number 11 of 2008, namely article 1 number 20, that domain names are internet addresses of state organizers, people, business entities, and/or communities, which can be used in communicating via the internet, which is in the form of a code or 8 see the opinion, sri soedewi maschoen sofyan, civil law: the law of objects, 4th edition, yogyakarta, liberty, 1981, p. 2 compared with the opinion of subekti in in the principles of civil law, 26th edition, intermasa, jakarta, 1994, p. 13 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 arrangement of characters that are unique to indicate the location. judging from its meaning and function there are characteristics that are similar between domain names and addresses, both of which are an identity that indicates existence. the domain name shows a location that is on a computer connected to the internet while the address shows a location or place of residence in the form of buildings, offices and houses. furthermore, domain name and address to be regarded as legal objects must fulfill the requirements, i.e human authority and economic value. 1. human authority domain name and address can be authorized. domain name can be mastered by registering the domain name to the registrar in indonesia and registered to indonesian domain name (pandi) to be used as a web address9. 1. economic value domain name not only can source of goods, services, business or information but also identify virtual location of the source. economic value of domain names increases every week as more people feel the economic value of domain names. its existence is now recognized as an intangible asset as it is an intellectual property10. an address located in the strategic area now has economic value because the strategic area is an attractive offer for entrepreneurs who want to have a prestige office address. currently the address and domain name has become the object of many agreements both in the use of the website address and the use of renting a virtual office. the address and domain name has fulfilled this element so that it can become an object of law. address is an object such as a domain name. 3.2 bw principle to virtual office lease agreement article 1548 bw outlines that a lease agreement is an agreement by which one party binds itself to provide the other party with the pleasure of an item for a certain period of time and with the payment of a price; the payment of which the party has agreed. the essential clause of the lease contract is goods, price and time period. in a lease contract, the lever leases the item to the lessee, but in this case the item is handed over resulting in the transfer of ownership rights in the sale and purchase contract because the delivery of the goods in the lease contract causes the right to enjoy 9 robinson, sinaga, pengaturan nama domain internet di indonesia: studi tentang sengketa antara pemilik nama domain internet dan pihak lain di indonesia, dissertation of the university of indonesia faculty of law, 2010, p. 33 10 edmon makarim, kompilasi hukum telematika, raja grafindo, bandung, 2003 p.287 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 the goods within a specified period of time remain at the lessor11. to determine the validity of an agreement, it needs to be understood that an agreement must fulfill the 4 legal requirements of an agreement, as outlined in bw article 1320 which consists of: 1. agreement of will 2. authority in acting or skill 3. a certain object 4. causa allowed basically, a lease agreement for a virtual office is not much different from an ordinary office rental agreement. the difference is the media transaction used. in leasing agreements leasing virtual offices, the parties are not face-to-face but transact through internet or online media. there is no clear legal umbrella in the agreement through internet media. therefore, businessman still use the agreement concept set in bw. the concept of the agreement adheres to the concept of an agreement that occurred in the real world. however, along with the development of technology, a pattern of onlinebased business has also developed. in order for business processes to work properly, businessmen continue to use the concept of lease agreements in modified bw based on the needs in practice. regarding the relevance of the concept of a leasing agreement in bw with a virtual office leasing agreement, a comparison regarding the validity of the agreement of the two concepts described above is needed. the explanation above becomes a benchmark for the validity of agreements through online media in the second condition, namely the authority to act and certain things (lestari, 2019). the second condition "authority to act" includes skills. the parties that make transactions in the agreement can be considered incompetent because the parties do not meet physically, but in practice if the tenant is able to run an application and his actions can be accounted for then the agreement is valid. in the practice of leasing virtual office agreements, this is anticipated by providing administrative conditions that must be met by the tenant. the tenant must submit a copy of the director's id card, copy of the director's tax id number and director’s family card. the administrative requirements aim to find out whether the party binds to the agreement are competent or authorized to enter into a lease agreement. 4. conclusion based on the description of the previous chapters, a virtual office is an office concept that is run by a company in which the leased object is an office address that can be used by tenants of virtual offices as business addresses in the interest of business correspondence without occupying 11 y. sogar simamora, buku ajar hukum kontrak, fakultas hukum unair, 2009, p. 61. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 the office listed physical. the concept of objects as objects in virtual office leasing agreements is included in intangible objects, because the physical address of the physical form is not available but correspondence can be carried out by correspondence. business addresses can be categorized as domain names because they have the same characteristics, i.e intangibles and indicate an identity for the existence of a location. the development of massive information technology has makes positive laws that left behind and can no longer reach business development. for this reason, the relevance of a lease agreement in bw with a lease agreement to rent a virtual office is reviewed. the results of the study indicate that the provisions contained in book iii bw are still relevant to be used and still apply to leasing agreements for virtual offices. however, there are differences 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(2017). authority of land procurement committee in the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. simamora, y. sogar, buku ajar hukum kontrak, fakultas hukum unair, 2009. sinaga, robinson, pengaturan nama domain internet di indonesia: studi tentang sengketa antara pemilik nama domain internet dan pihak lain di indonesia, disertasi fakultas hukum unversitas indonesia, 2010. locsin, aurelio, “define a virtual office”, http://smallbusiness.chron.com/define-virtual-office jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 1 juridical review of decriminalization on efforts to cut drugs users’ addiction in indonesia haniyah1, m. hidayat2 1faculty of law, sunan giri university, surabaya 2faculty of law, merdeka university, surabaya e-mail: haniyahkarsa99@gmail.com abstract as a developing country with a large population and strategic location , indonesia has become market place for world's drug circulation. the number of victims is higher year by year. drug victims are victims of abuse of narcotics that basically violate government regulations. so far, drug addicts in indonesia are subject to criminal sanctions, yet from year to year the criminal sanctions applied to the victims of drug addicts have not decreased even on the contrary increasing sharply causing the emergence of drug emergency in indonesia. the present research applies normative juridical review by providing descriptive analysis based on the data so as to provide arguments on realities that exist to provide an overview of solution. the government continues to reduce the number of victims of drug addicts, through the implementation of government decriminalization policy for victims of drug abuse and government policy on the implementation of the obligation to report for drug addicts to the receiving institutions for obtaining rehabilitation. decriminalization policy has not been able to break the circulation of the drug chain in indonesia as there are other factors that have not been able to be performed optimally in breaking the circulation of drugs in indonesia. keywords : juridical review of decriminalization, cut off of addiction, drug abuse 1. preliminary drug trafficking in indonesia shows a significant number year by year;suggesting that drug trafficking is also becoming larger in indonesia. drug users are not only from adult segment but also teenagers and children. this is very worrying considering that children and adolescents are the pillars of the nation, the successors of the nation's generation, whoare expected to be a superior generation to continue the noble ideals of the nation. the enactment of the bas ic agrarian law in indones ia creates dualis m in land law that is s ourced fro m cus tomary law and on wes tern law (roesli, heri, & rahayu, 2017) 1 . 1 roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59.. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 2 the high number of drug addicts is certainly severe problem to overcome, considering that users, except children are well aware of the dangers of drug use and its consequences. ali djohan, deputy of bnn argues that 80 percent public knows the type and the dangers of drugs.2 awareness of the consequences indicates that drug users do not care about the bad effects. this leads indonesia becomes a potential market and is even said that indonesia is the largest market in asia. bnn data shows that that 22 percent of drug users in indonesia are students. in 2015 drug users in indonesia was 5.9 million, the high number of users is followed by the higher number of drug smuggling in indonesia3. the high number of drug victims in indonesiais an indication that moral decadence is occurring in indonesia asit has become the target market of international trading of drugs. this is a task shared between the government and all elements of society to overcome dangers of drugs; drugs emergency. other impacts of the drugs usage are a variety of negative behaviors such as smoking, alcohol and free sex. these immoral behaviors of young generation will make the future of the nation damaged by drugs. indonesia spirit to cope with drugs users was apparent on 34 april 2012 asean summit in cambodia. in the meeting, the heads of the member states agreed to jointly fight drug trafficking between countries of member states. a declaration called "declaration on drug free asean 2015 was a statement from delegation of indonesia". the joint awareness of the members of the state in tackling drug trafficking was a form of major security concerns for all asean member states asdrug may pose a threat to political situation and threaten the stability of the state. the main points conveyed by indonesian delegation in the meeting was "indonesia emphasizes that the asean ministers meeting on drug matters can provide a strong impetus for all member countries, especially the sectorial bodies in the field of narcotics to be more effective and successful in achieving drug free asean 2015 on the importance of the protection of asean youth against the dangers of narcotics through concrete cooperation between asean members and speech partners, through sharing of 2 mukhlisdinilah, survei bnn 80 persentahubahayanarkoba, kenapakasusmasihtinggi, detiknews, https://news.detik.com/berita/d-3425965/survei-bnn-80-persen-tahu-bahaya-narkobakenapa-kasus-masih-tinggi. 3 kukuhariwibowo, upaya asean dalammencapai drug free asean 2015, http://dedihumas.bnn.go.id/read/section/artikel/2013/01/08/544/upaya-asean-dalam-mencapaidrug-free-asean-2015 jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 3 information, join cooperation, controlled deliveries, transfer of knowledge development and implementation of comprehensive drug demand reduction.4 so far, management for victims of drugs has been considerednot effective that the number of victims did not decrease every year, even worse it shows significant increase and becoming more harming. criminal sanctions provided do not make them deterrent. because the root of their problems do not receive the right subscription, the victims of drug users do not stop even if using drug while they were sentenced to criminal sanctions. for this reason, the government seeks to make a policy breakthrough in dealing with and overcoming the victims of drug abuse by creating punishment in the form of rehabilitation in accordance with the purpose of the law. under law no.35 of year.2009 article 4 (d) strengthen the use of medical rehabilitation and social rehabilitation efforts for drug abuse and addicts. however, the facts reveals that drug and narcotic abuse are punished by imprisonment. the united nations convention in new york 30 of the 1972 united nations convention in vietnam in 1972 was amended by the 1971 protocol, at which each state was required to prevent and rehabilitate drug abuse by education, care, rehabilitation and social reintegration. based on the above two rules, the victim of drug abuse must receive a serious handling from the government with the efforts of medical rehabilitation and social rehabilitation by placing them as victims who must receive serious subscribers, with criminal policy of decriminalization as an alternative to the procurement they receive in the form of rehabilitation. based on reasons elaborated, the problem that the writer intends to analyze is to what extent of decriminalization applied to the victims of drug abuse based on law no. 35 of 2009 can overcome addiction of drug victim in indonesia. the purpose of the present research is to determine the extent of effectiveness of the implementation and of drug victims based on decriminalization policy in reducing the number of victims of drug abuse in breaking the circulation of drugs in indonesia. 2. juridical review of decriminalization 2 .1 decriminalization policy the term decriminalization implies an act that is originally threatened with criminal sanction, then the criminal penalty is omitted, yet there is still the possibility of a penalty byanother means. the concept of decriminalization for drug users was issued by 4 anangiskandar, dekriminalisasipenggunanarkobatidaksamadenganlegalisasi, posted on 2014/02/07, https://anangiskandar.wordpress.com/2014/02/07/dekriminalisasi-penggunanarkoba-tidak-sama-dengan-legalisasi/ jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 4 the lisbon-based european monitoring center for drugs and drug addiction (emcdda), 2005, stating that "decriminalization" comprises removal of a conduct or activity from the sphere of law. prohibition remains the rule, but sanctions for use (and its preparatory acts) no longer fall within the framework of the criminal law.5 the term“omitted” refers to the nature of the penalty, not by its unlawful nature.judge is given the authority to impose criminal sanctions or rehabilitate the victim of drug addicts. its nature of against the law persists, and giving criminal sanction is the last resort (ultitum remidium) if non-criminal sanction is no longer effective. therefore bnn pushes decriminalization policy for drug addicts as giving criminal sanctions is perceived not effective and make them deterrent. according to anang, decriminalization for abusers of drugs is a noncriminal punishment model as one of the modern legal paradigm that aims to press illegal narcotics supply and is expected to accelerate the completion of narcotics abuse in indonesia.6 decriminalization policy is a mandate of international conventions adopted in law no.35 of 2009 on narcotics. article 54 states that narcotics abuser is an accidental person using narcotics for being persuaded, deceived, cheated, forced, and/or threatened to use narcotics. thus drug addicts and users are victims of crimes committed by dealers or drug dealers in expanding their networks in national and international scale. indonesia has become a target site for drug traffickers. it has been proven by the increasing number of drug abusers while many have been arrested or secured. punishment for drug abuse is not effective as prison is in fact becomeplace for continuing drug abuse, the drug abusersstill becomes drug abuser when leaving prison. considering the fact, decriminalization should be implemented in order to save the young generation have already become victims of drugs. in supreme court letter no. 7 of 2009 and amended with supreme court letter no. 4 of 2010 concerning the placement of victims of abuse and drug addicts into the institutions of medical rehabilitation and social rehabilitation, judge is also authorized to impose sanctions to give imprisonment sanction based on evidence contained in the trial. if the perpetrator is proven as victims, judge is recommended to send him/her to rehabilitation treatment. in conclusion, the judge has the freedom to determine whether a drug-addict must be rehabilitated or there are other considerations for criminal sanctions. 5 iskandaranang ,dekriminalisasipenyalahgunanarkoba , kompas 24 oktober, 2013. h.6 6 oc kaligis, sudjonodirdjosisworo, narkoba&peradilannya di indonesia, cetakan iii, alumni bandung 2011 h.28 jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 5 the 1988 un assembly in vietnam also agreed that the perpetrators receive alternative sanctions in addition to imprisonment; such alternative sanctions can be in the form of care, education, rehabilitation, and social reinterpretation. these international conventions have been ratified through the narcotics act no. 9 of 1976, then amended to law no. 22 of 1997 and amended into law no. 35 of 2009 which is currently in force, positioning abuses as victims who need to be treated. in law number 35 on narcotics, one of the objectives stated in article 4 is to guarantee the regulation of medical rehabilitation efforts and social rehabilitation for narcotics abuse. however, the facts reveal that narcotics abusers are punished by imprisonment.7 kaligis and dirjosisworo stated that the criminal law reform in the indonesian narcotics act appears to have processed in a dynamic of social and technological development affecting the development of criminality in indonesia, which calls for anticipatory action and policy. anticipatory against the threat of criminality which is also in the form of "abuse" of narcotics and psychotropic is performed through legal renewal which has enough long history with clear plot and step.8 1.2 efforts to break the dependence of drug abusers the handling of drug traffickers in indonesia should immediately get serious management, as most drug abusers are generations to continue the development of the indonesian aspiration in its entirety. for it to be the main agenda or joint attention to various efforts to break the drug abuse free from drug trafficking including policy issued through supreme court letter no: 7 of 2009 which is updated with the supreme court letter no: 4 of 2010 on rehabilitation of drugs abuse and law number 35 on narcotics. drugs abuse is the use of drugs outside medical indications without guidance or prescription and the use ispathologic (causing abnormalities) and cause obstacles in the activities both at home, school, campus and workplace and social environment.9 impact that is often seen for drug users is difficulty to concentrate, hallucinations, decreased performance, decreased health impacts, and social impacts that they are often in the neighborhood and so on. there are three approaches used in tackling the problem of drugs, they are supply reduction, demand reduction, and harm reduction. supply reduction aims to break the supply chain of narcotics until the distributor network. demand reductionis an approach in drug dealer breaker, harm reduction approach in 8 hasnidar, upayarehabilitasisosialbagipenyalagunaannarkotikadalamperspektifhukum islam, skripsihttps://repository.ar-raniry.ac.id/1614/1/hasnidar.pdf 9 jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 6 an effort to reduce the adverse effects of drug or drug abuse. in doing these three approaches, there must be strong synergy and commitment between the government, law enforcement officers, the community and the law itself, but for the approach of supply reduction and demand reduction more emphasizes the role of law enforcement and government officials and the role of small community. in indonesia there are several types of drugs circulating widely in the community such as heroin, marijuana, morphine, fentamil and so on. actually some of the drug types are also used for health in accordance with doctors dose, but the deviations that occur in the community is used with other goals and often experience dependency and overdose so that bad impact on the health of drug abuse. in indonesia there are several types of drugs and its regulation, they are: narcotics types regulated in law no.35 year 2009, type psychotropic regulated in law no.5 thn. 1997, other related adhesives. the negative impact of drug abuse also concerns the interests of the nation and the state, such as the degree of moral decline in a generation, the high number of traffic accidents, the rising of criminality and the most risky is the growth and development of the stopping generation. there are two factors that cause the user of drugs are internal factors (e.g ego, desire be free, liability, high curiosity) and external factors (economic, environment, lack of supervision, social jealousy). drug dealers have entered into various segments of society closed the segment of dorm environments, according to kpai data such as teenage drug users amounting to 14 thousand (aged 12-21 years). in the management of drug abusers, the government has issued a decriminalization policy on drug addicts as one of the efforts to break the chain of drug abuse in indonesia. decriminalization policies by rehabilitating either medical or social rehabilitationaims to make drug users re-plunge in society as the original condition or as government efforts in the effort to save state assets that is the next generation of the nation. 1.2 decriminalization policy to cut drug addiction chain decriminalization policy issued by the government is an attempt to reduce the number of drug users by rehabilitating drug users and efforts to minimize the impact of greater losses inflicted on drug traffickers. the impacts include health and other social impacts such as the decline in moral values in society and the impact the most important is the destruction of the state assets of the gold generation of the nation, so it is expected that the policy of decriminalization will bring the impact of good change as in accordance with the law no. 35 of 2009 on article 1 item 16 stating: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 7 "medical rehabilitation is an integrated process of treatment activity for freeing addicts from drug addiction". chapter 1 point 17 also mentions: "social rehabilitation is a process of unity recovery in an integrated, physical, mental, and social, thus, ex-drug addicts can re-implement social function in society." regarding criminal sanctions as stipulated in law no. 35 of 2009 in article 127 of law. 35 year 2009 the following applied: (1) every abuser: a. narcotics group i for self-use shall be punished by imprisonment maximum of 4 (four) years b. narcotics group ii for self-use is sentenced to imprisonmentmaximum 2 (two) years c. narcotics group iii for self-use is punished by imprisonmentmaximum 1 (one) year. (2) in deciding cases as referred to in paragraph (1), the judge shall be obliged taking into account the provisions referred to in article 54, article 55, and chapter 103. (3). in case of abuses as intended in paragraph (1) can be proven to be a victim of narcotics abuse; such abuse must undergo medical rehabilitation and social rehabilitation. in article 127 paragraph (2) of law no. 35 of 2009, article 54, article 55 and article 103 are so important as the guidance of the judges in giving or deciding the drug abuse so that the judge's verdict is really insured answer and in accordance with what is the main goal of law no.35 year 2009 and the desire of the entire nation of indonesia for the state of indonesia free from the dangers of drugs. article 54 uu.no.35 year 2009 about narcotics states: "narcotics addicts and narcotics abuse victims are required to run medical rehabilitation and social rehabilitation". explanation of article 54: everyone who is dependent on narcotics is obliged to be able to rehabilitated medically and socially to cure the person (drug addicts) that is consciously and deliberately consume narcotics on the basis of personal use without the element of coercion even persuasion and/or threatened to use narcotics. "drug abuse victim" is someone who accidentally uses narcotics for being persuaded, deceived, cheated, forced, and / or threatened to use narcotics article 55 of law no. 34 year 2009 on narcotics states: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 8 (1) parents or guardians of drug addicts who are not old enough to report to community health centers, hospitals, and/or rehabilitation agencies for treatment through medical rehabilitation and social rehabilitation. (2) narcotics addicts who is old enough shall report themselves or reported by their families to public health centers, hospitals and / or social rehabilitation and rehabilitation institutions designated by the government for treatment and / or treatment through medical rehabilitation and social rehabilitation. (3) provisions concerning the implementation of compulsory reporting as referred to in paragraph (1) and paragraph (2) shall be regulated by a government regulation. elucidation of article 55 paragraphs (1) is as follows: this provision confirms that to assist the government in overcoming the problems and dangers of narcotics abuse, especially for narcotics addicts, the participation of parents / guardians, the community, in order to increase supervisory and guidance responsibilities for their children. what is meant by "not old enough" in this provision is a person who has not reached the age of 18 (eighteen) years. article 103 of law no. 34 year 2009 on narcotics states: (1) the judge who examines the narcotics addict case may: a. terminate to order the concerned person to undergo treatment through rehabilitation if the narcotics addict is found guilty of committing a narcotic crime, or b. determine to order the concerned person to undergo treatment through rehabilitation if the narcotics addict is not proven guilty of committing a narcotic crime. (2) the period of treatment for narcotics addict as referred to in paragraph (1) letter a shall be calculated as the period of undergoing a punishment. article 103 paragraph (1) letter (a) is as follows: this provision confirms that the use of the word “deciding for narcotics addicts found guilty of committing a narcotic crime” implies that the judge's verdict is a sentence for the narcotics addict concerned. letter (b)is as follows: 1. this provision affirms that the use of word “deciding for narcotics addicts who are not proven guilty of committing a narcotic crime” contains the notion that the determination of the judge is not a verdict (punishment) for the narcotics addict concerned. such determination is intended to provide an emphasis that the narcotics addict is not guilty of committing a narcotic crime, but still subject to treatment and care. the cost of treatment and or care for narcotic addicts found jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 9 guilty of committing a narcotic crime is entirely the responsibility and burden of the state; as such treatment and or treatment are part of the sentence. as for narcotics addicts who are not proven guilty the cost of treatment and/or care while in detention status remains the state burden, except for house arrest and prisoners of the city. in addition, the government also issued a policy stipulated in government regulation no. 25 of 2011 on the implementation of the obligatory report of narcotics addicts to the institutions of beneficiary report (ipwl) in order to get treatment or rehabilitation. this provides understanding to the public that victims of drug abuse will receive rehabilitation treatment instead of criminal sanctions. it also regulates the right of narcotics abusers to get treatment and rehabilitation as regulated in article 2 of government regulation no. 25 of 2011: "the obligatory report of narcotics addicts aims to: a. meet the rights of drug addicts in obtaining medical treatment and or medical rehabilitation and social rehabilitation. b. involve parents, caregivers, families and communities in enhancing the responsibilities of narcotic addicts under their supervision and guidance; c. provide material information for the government in establishing policies in the field of prevention and limitation of misuse and illicit narcotics. this is the important role of family, community and the government itself in an effort to help drug abusers and help government programs to break the narcotics in indonesia. for that purpose, family as the nearest person of the drug victim is required or obliged to report to the authorized party as regulated in article 128 paragraph (1), (2), (3) and (4) also article 134 paragraph (1) and (2) -law no. 35 of 2009. it is expected that this policy an help drug addicts become aware to be free from drug trafficking as a form of awareness of drug and drug users in the community to help the government program to overcome drug trafficking in indonesia. it is expected that drug user can return in the condition prior to knowing and consuming narcotics and most importantly they can continue a healthy life and realize the ideals as a generation that is responsible for religion, parents and the state. data of the national narcotics agency (bnn) states until 2017 people who enter the phases of drug dependence almost reach 6 million people. this figure does not include the double user of both the dealers and the people who are still experimenting with the increasingly expanding age of drug users. assumed by the total population of jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 10 indonesia until the year 2017 by260 million, approximately 2.5% of the total populations of indonesia are drug users. data of national narcotics agency also revealed thatin 2017, they handled 46,537 drug cases throughout indonesia with evidence of drugs reached 4.71 tons, 151, 22 tons of marijuana, 2,940,748 ecstasy and 627.84 kilograms of liquid ecstasy, and 68 new drug types in indonesia. however, this decriminalization effort has not been able to completely break the circulation of the circulation of drugs in indonesia is indicated by the large number of drug trafficking.according to bnn, until 2017 there are 11 countries in the world that supply narcotics in indonesia, 11 countries with a large supply. china contributed 250 tons of crystal meth and precursor (raw material for narcotics drugs). in 2016 the supply for indonesia reached 1,097,6 tons. it was reported that 50 people died per day and 6 million children experiencing drug addiction. drug trafficking as well as drug abuse is still high indicating that decriminalization policy programs still cannot be performed effectively. in running the policy program a long process and the role of various parties are required. indonesian government has implemented a strict and comprehensive drug law regulation. however, it is unfortunate that the number of drug addicts in indonesia continues to increase due to indonesian geographic location that becomes one of the main challenges for indonesia in the fight against drugs crime. a very long coastline provides its own difficulties for bnn to conduct thorough surveillance, especially at small ports in indonesia. this weakness makes it easier to market drugs in indonesia, in addition to other factors such as the problem of low law enforcement. attempt to make indonesia free of drugs as the agreement of asean member countries still need struggle from various parties from the government, law enforcement officers and the community itself, by changing the way the public view to no longer steer away from even excommunicating drug addicts from their environment. the community can help the drug abuse people in their respective environments by providing motivation to rehabilitate and treat drug abusers with a camaraderie approach and provide spiritual input, creating a strong spirit for drug users to recover and undergo rehabilitation in support of government programs that is the policy of decriminalizing drug addicts in indonesia. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 11 3. conclusions and suggestions government policies in implementing and providing solutions for drug victims with decriminalization policies on drug addicts are deemed appropriate and in accordance with the mandate of drug laws, as well as policies to report for drug addicts to receive treatment or rehabilitation for drug addicts, as well as giving understanding to the wider community about the obligation to report reporting to ipwl to further reduce the number of drug addicts in indonesia so that their impact with the full recovery they no longer become drug consumers. decriminalization policy programs have not been effective in deciding the dependence of drug addicts in indonesia, as evidenced by the high level of drug trafficking in indonesia.decriminalization policy for drug addicts also has not been able to effectively break the chain of drug circulation in indonesia, because there are still more factors that have not been optimally touched in breaking the chain of drug circulation in indonesia. 4. suggestion synergy between the government, law enforcement officers and the public in law enforcement with the provision of very serious criminal sanctions or capital punishment for drug dealers and mafia in tackling the increasing number of drug victims in indonesia is highly necessary. it is important to enhancing the role of society as well as giving understanding to the community in assisting decriminalization program by giving correct and good direction and appropriate for drug abuse so that they become motivated to undergo rehabilitation and struggle to recover. the government needs to provide more rehabilitation facilities and services for both hospitals and rehabilitation centers throughout the city or province throughout indonesia. references amkertaatmaja, towards a drug-free asean 2015: drug misuse situation in indonesia, https://jurnal.dpr.go.id/index.php/aspirasi/article/view/445/342. gunawan, decriminalization narcotic addicts: shift in approach and implications narcotics penangganan policy in indonesia, in forma socio vol2, no 03 septemberdecember 2016 social welfare, e journal ministry of social affairs. go.id/index.php/sosioinforma/article/download/339/441. https://keyoptimize.co.uk hasnidar, social rehabilitation efforts for abuse of narcotics in the perspective of islamic law, the thesis https://repository.ar-raniry.ac.id/1614/1/hasnidar.pdf jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 12 roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. wirjono projodikoro. (2003), follow-specific crime inindonesia,pt eresco, bandung oc kaligis, sudjono dirdjosisworo, drugs & judiciary inindonesia.(2011) mold iii, alumni bandung. yeni handayani, prevention and counter narcotics, rechtsvinding, http://rechtsvinding.bphn.go.id/jurnal_online/tulisan%20penc egahan%20dan%20pemberantasan%20narkotika_rev%20%20%20ap ri.pdf law no. 35 of 2009 law on narcotics. pp 25 year 2011 on the implementation of mandatory drug report. sema no. 7 of 2009 on putting drug users in panti therapy and rehabilitation. sema no. 4 of 2010 on the placement penyalagunaaan victims and drug addicts into rehabilitation institute of medical and social rehabilitation. fitang budhi adhitia, throughout 2017, bnn reveals drug case 46.537, https: //news.idntimes.com/indonesia/fitang-adhitia/sepanjang-tahun-2017-bnn-ungkap46537-kasus-narkoba/full. hendrian dedi, concerned about the number of drug users have achieved 14 thousand, http://www.kpai.go.id/berita/memprihatinkan-anak-pengguna-narkoba-capai-14ribu/ anang iskandar, decriminalization drug abusers, compass october 24, 2013. h.6 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 authorities of the corruption eradication commission to make demands on money laundering actions. (study at the corruption eradication commission and central jakarta corruption court). ilham arfian1 fakulty of law, airlangga university email : ilham.arfiann@gmail.com abstrac in this thesis, writer raised the theme based on many of the crime of money laudering which often occurred in indonesia but there is no regulation that regulated clearly about the authority of corruption eradication commission to prosecution the crime of money laundering. the writer of this thesis using method of sociological approach and type or research is empirical judicial. legal materials primer analyzed using analysis technique descriptive and secondary legal material using a technique content analysis. as a population that are corruption eradication commission staff and corruption crimes court. technique arranging primary data is interview and the secondary data using documentary and inventory. from the result with that method, writer receive the answer from the issue which based on act of corruption eradication commission has right to conducting the prosecution on crime of money laundering because the predicate crime from money laundering is a corruption and based on act of crime of money laundering not mention or regulate about the authority of prosecution on money laundering but based on criminal court terms said that simple, fast and cheap court so corruption eradication commission may be conducting about prosecution. key word: authority, prosecution, money laundering, corruption eradication commission 1. preliminary the problems that often occur in indonesia is the rise of money laundering crime that comes from the crime of origin of corruption. the money laundering sentence was first introduced by us investigators during the watergate scandal in the 1970s. the sentence was accepted by the international community with the development of such crimes in the field of illegal drugs, especially cocaine from south america in the early 1980s. there is so much money that has never existed before in the world of evil.2 the crime of money laundering is an act committed by the legal subject where the money is derived from the proceeds of crime that the origin of the money is hidden or disguised. a lot of criminal acts originating from money laundering crime, pursuant to article 2 of law number 8 year 2010 concerning prevention and eradication of money laundering act of the state gazette of the republic of indonesia year 2010 number 122 (hereinafter referred to as the law on 1 notary student faculty of law, airlangga university, surabaya 2 schaap cees, fighting money laundering, kluwer law international, london, 1998, hlm 9. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 prevention and eradication of criminal acts of purgatory money),3 corruption becomes a criminal offense from the crime of money laundering the most important or often occurs. therefore, the corruption eradication commission or the corruption eradication commission may take over or supervise as stipulated in the corruption eradication commission law. the corruption eradication commission law states that the corruption eradication commission itself can take over investigation or prosecution during circumstances which are based on the consideration of the police or prosecutors, the handling of the corruption act is difficult to implement properly and accountable. however, based on the corruption eradication commission law, it is not clear that the corruption eradication commission is entitled to prosecute in relation to money laundering crime. because the crime of money laundering is not limited to the crime of corruption but to the criminal act of origin so in the money laundering act itself does not declare that the corruption eradication commission is entitled to prosecute even though the investigation has been conducted by the corruption eradication commission (komisi pemberantasan korupsi). if based on the simple justice principle of light cost then if the investigation is in one hand, then the public prosecutor may indicate cumulatively between the crime of origin and the crime of money laundering and submit it simultaneously to the court ".4 2. formulation of the problems 1. what is the legal basis of the corruption eradication commission prosecutor to prosecute money laundering crime if it is reviewed from the law of corruption eradication commission and the law on money laundering crime? 2. what is the basis of consideration that makes the corruption court judge reject the defendant's exception? 3. discussion this study uses a juridical empirical research that is a direct study conducted by research studies in the field and visiting the location directly to the location of research that is in the office of the corruption eradication commission and central jakarta corruption court. in preparing this thesis research, sociological juridical approach is used. the juridical approach is an approach to examine issues based on applicable legal principles and regulations. in this research there are regulations relating to the authority of 3 undang-undang nomor 8 tahun 2010 tentang pencegahan dan pemberantasan tindak pidana pencucian uang. 4 marwan effendy, sistem peradilan pidana tinjauan terhadap beberapa perkembangan hukum pidana., referensi, jakarta, 2012, hlm 73 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 corruption eradication commission to prosecute money laundering crime. the sociological approach is an examination of the problems in this study which cannot be separated from the parties involved in the prosecution of tppu, so that the data obtained are assessed based on sociological factors that affect. the sociological research will be related to the state agency in this case is the corruption eradication commission. the type of data that is used in this study is divided into 2 types: primary data is data taken from the field or obtained from the source, also the results of interviews of parties located in the office of the corruption eradication commission related to the authority of the corruption eradication commission to prosecute the crime of money laudry and corruption court that rejects the defendant's exception (yustianti and roesli 2018). secondary data is data obtained by examining the decision, the result of research which has been prepared in the form of report, the result of this research which has been arranged in the form of final task either in the form of thesis, dissertation, literature, legal journals, and articles from the internet. primary data collection was conducted through interviews with resource persons / respondents / key informants, either structured or unstructured using interview guidelines. secondary data in empirical law research obtained on the basis of study research reports and scientific papers as described used by the method of documentation and inventory of the various thoughts contained in the report of research results and scientific writing final paper, especially those directly related to the object. all data, information, and information obtained in the field at the time of this research then analyzed by using 2 (two) method that primary data obtained from research will be analyzed by using descriptive method of analysis, writer describes data obtained from field, then analyze the data obtained in the field to be drawn a conclusion in accordance with the problems studied. for secondary data obtained from literature materials will be analyzed by using content analysis method, analyzing legal concepts obtained by legal material, as well as describing the applicable legislation and reality related to legal issues studied, then depicted in detail and analyzed so that a conclusion can be drawn. 3.1. the legal basis regarding prosecutor of the corruption eradication commission conducts money laundering prosecution if it is reviewed from the law on corruption eradication commission and the act on money laundering crime. corruption is an act committed by a legal subject based on corruption or unauthorized income, bribery and gratification. generally, the corruption crime will coincide with money laundering criminal which in the mode of implementation is placement, layering and integration. placement is an action performed by a legal subject related to cash proceeds from a crime that is usually the result of a criminal act of corruption entered into the financial system so that the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 origin of the money is difficult to trace or disguise.5 after passing the placement, the next mode is layering where through several stages of financial transactions to decide / separate the relationship between the funds stored in the bank and the crime that became the source of the fund. the goal is to hide or disguise the origin of funds.6 after passing the layering, the last mode is integration: the effort to use the property that has appeared legally valid, whether to be enjoyed directly, invested in various forms of material and financial wealth, to refinance criminal activities. the unification of money involves the transfer of funds that have passed through the process of coatings examined and then put together with funds derived from legal activities into the flow of such large global funds.7 based on the classification of articles 3, 4, 5 of the anti-money laundering prevention and eradication act for the purpose of disguising or concealing the origins of assets. based on article 6 of the corruption eradication commission law, the authorities, duties and obligations of the corruption eradication commission are as coordinator or supervision with the institution having authority to eradicate corruption, investigate, investigate and prosecute the corruption crime, take preventive action or preventing associated with corruption crime to monitor the implementation of state administration. from the explanation of article 6, the authority and duties of the corruption eradication commission are explained more deeply in article 8 of the corruption eradication commission law, namely the implementation of supervisory duties as referred to in article 6, the corruption eradication commission is authorized to conduct supervision, research, or review of the agency performing the duties and its authority concerned with the eradication of criminal acts of corruption, and agencies in the conduct of public services. in exercising the authority as intended, the corruption eradication commission shall also take over the investigation or prosecution of the perpetrators of the criminal acts of corruption perpetrated by the police or the prosecutor's office. in the event that the corruption eradication commission takes over an investigation or prosecution, the police or the prosecutor's office shall submit the suspect and all documents of the case along with the necessary evidence and other documents within 14 (fourteen) working days from the date of receipt of the request of the corruption eradication commission. the submission as intended shall be done by making and signing the minutes of submission so that all duties and authorities of the police or the prosecutor's office at the time of transfer shall be transferred to the corruption eradication commission.8 5 aziz syamsuddin, op.cit, hlm 20 6 ibid. 7 ibid, hlm 21 8 undang-undang republik indonesia nomor 30 tahun 2002 tentang komisi pemberantasan tindak pidana korupsi. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 based on the corruption eradication commission law, investigations and prosecutions may be taken over by the corruption eradication commission for reasons described in article 9 of the corruption eradication commission law, namely: a. community reports on corruption are not followed up; b. the process of handling corruption crime is protracted or delayed for no reason that can be accounted for; c. the handling of corruption is aimed at protecting the perpetrators of the true criminal act of corruption; d. the handling of corruption acts contains elements of corruption; e. obstacles handling of criminal acts of corruption because the interference of executive, judiciary, or other circumstances of a legislative; or f. which according to police or consideration attorney general’s office, handling of criminal acts of corruption is difficult to enforce good and could be accounted for.9 when there is a reason that referred to in article 9, the corruption eradication commission be obliged to notify the investigators or the public prosecutor to take over of criminal acts of corruption that is being addressed. in carrying out tasks the corruption eradication commission as intended under article 6 letter c, the corruption eradication commission authorized conduct an investigation, the perpetrators because police investigations, and prosecution of corruption crimes which are both: a. involving law enforcement officials , organizers of the state , and another person has to do with of criminal acts of corruption conducted by law enforcement officials or state government; b. received the attention that disturbs residents; and / or c. related to losses to the state rp 1.000.000.000,00 ( one billion rupiah ) . based on article 74 act of prevention and eradication of criminal of money laundering, criminal money laundering investigation conducted by investigators in accordance with the provisions of criminal law and provisions of the event, otherwise determined by this act.10 in article also said predicate crime determine who is investigating criminal offences relating to money laundering. if predicate corruption is to be examined by the corruption eradication commission and the corruption eradication commission is investigating and vice versa. based on article 74 act of prevention and eradication of criminal of money laundering, if the investigator find out enough initial proof that related to money laundering and predicate 9 ibid. 10 undang-undang republik indonesia nomor 8 tahun 2010 tentang pencegahan dan pemberantasan tindak pidana pencucian uang. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 crime, then the investigator have right to merging the investigation between money laundering crime and its predicate crime and also compulsory reporting to ppatk.11 based on article 76 the act of prevention and eradication of criminal acts of money laundering, prosecutors must submit docket crimes money laundering to district court most 30 ( thirty ) days work as of the date of he received docket that has been declared complete.if public prosecutor has given docket to district court, the head of district court must form the judge in the case more than 3 ( three the day work since he received file on the case.12 based on article 74 the act of prevention and eradication of criminal acts of money laundering , investigators crimes money laundering done by investigators of predicate crime or crimes origin in accordance with the provisions law of the event and the provisions of the legislation. in terms of corruption, so investigators derived from corruption eradication commission entitled to combine investigation than a felony money laundering who predicate crime or crimes he was of corruption. article 75 the act of prevention and eradication of criminal acts of money laundering explained that when investigators found sufficient evidence implicated in criminal money laundering and predicate crime or crimes you , so investigators can and entitled to combine penyidikannya and told ppatk or reporting and analysis financial transactions 13 from the concept of the articles above, so the corruption eradication commission concluded that clearly the corruption eradication commission have the authority to make the perpetrators because police investigations.14 based on article 52 the act of kpk, after prosecutors receive docket by investigators, prosecutors must have file on the case to the district court at least 14 ( fourteen ) days work as of the date of he received documents. the public prosecutor referred to here is public prosecutor on commission on corruption eradication is raised and discharged by the corruption eradication commission exercising the functions of prosecution of corruption crimes set based on article 51 the act of kpk. in this law there is no information that giving authority the corruption eradication commission to bestow docket investigation findings to public prosecutor out public prosecutor the corruption eradication commission.15 based on article 141 letter b kuhap, the merger matter in one indictment for two of a criminal act to wit corruption crimes and money laundering being closely jointed with one and the other, so the allocation of criminal acts money laundering is handed to the court of criminal acts of corruption based on article 53 the act of kpk jo .article 5 jis .article 6 the act of a court of 11 ibid. 12 ibid. 13 hasil wawancara dengan pulung rinandoro, jaksa penuntut umum komisi pemberantasan korupsi, 17 maret 2015 14 ibid. 15 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 criminal acts of corruption and authority of the district court of criminal acts of corruption authorized check, judge, and cut criminal acts of corruption and money laundering is that of a criminal act of criminal acts of corruption .so the merger matter on one indictment is based on article 75 the act of tppu .16 based on article 75 act of money laundering and the principle of the judiciary of the simple it is quick and the cost of light , the corruption eradication commission felt they had an entitlement to do the prosecution of money laundering but according to the theory of within the authority of the , the corruption eradication commission have the authority to show off on doing outstanding job of delivering the arranged on act of the corruption eradication commission stipulations based on a joint to article 6 undang-undang of poverty alleviation commission pac , of poverty alleviation commission pac has a duty , powers and obligations which they in: a. coordination with agencies authority who conducting eradication of criminal acts of corruption; b. as well as for against the authorized agency conduct eradication of of criminal acts of corruption; c. conduct an investigation , investigation , and prosecute large scale of criminal acts of corruption; d. doing the prevention of corruption; and e. doing the service life of the monitor to monitor the implementation of government of states. based on article 8 verse 2, the act of the corruption eradication commission would have the authority to take over the perpetrators because police investigations or conduct prosecution of by a specific reason enunciated at article 9: a. public reports about of criminal acts of corruption had not been followed up; b. process of handling of criminal acts of corruption in a slow for unacceptable reasons; c. handling of criminal acts of corruption are designated to protect criminal perpetrators corruption verily; d. handling of criminal acts of corruption contains elements of corruption; e. obstacles handling of criminal acts of corruption because the interference of executive, judiciary, or other circumstances of a legislative; or f. which according to police or consideration attorney general s office, handling of criminal acts of corruption is difficult to enforce good and could be accounted for. 16 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 3.2. basis of consideration that makes judge corruption refuse exception the defendant related to the prosecution done by corruption eradication commission associated with money laundering crimes. criminal law enforcement is basically impose a norm criminal law material according to ways set by legislation or criminal law formil in an event has done by a person or persons qualify as a report of criminal.17 so most requirements for criminal law enforcement there are three components, which is: 1. the regulations that set up; 2. a clear incident done by the subject of a law according to the provisions of a statute that the incidence of was a follow up criminal; 3. the regulations that set relating to imposing the ban to a subject that is referred to by the act of law.18 party of criminal law enforcement here is a country and the subject to a law here are individuals or corporation .hence in the rules relating to criminal law enforcement, there are two aspects what it must and ts by the state and aspects of what it must and ts by the subject of law .in the second aspect is with this is commonly called exception or exceptie in practice judicial called objection. exception is an objection from the defendant to the indictment containing the defendant's improper or improper indictment in the form of the indictment as filed and it is not incorrect that the defendant committed the alleged crime. in contrast to pledooi or commonly referred to as defense in judicial practice. the difference between a pledooi or a defense with an exception or an exception or objection is on the purpose, pledooi or defense is basically a self defense whose content is in the form of refusal by proving that he is not committing a criminal act as charged with legal reasons.19 the exception is essentially a rejection accompanied by reasons and legal arguments that the defendant was not justified in the indictment by making an indictment as the indictment was made and read by the public prosecutor. therefore, to submit an exception, there are no legal facts obtained in the trial. based on the exception, there are several types of exceptions when viewed from the point of view of the contents related to the consideration of the panel of judges related to the refusal of the exception of the defendant lutfhi hasan ishaq and akil muchtar namely to stop the examination of the case onwards. 17 adami chazawi, kemahiran dan keterampilan praktik hukum pidana, bayumedia, malang, 2007, hlm 103 18 ibid. 19 ibid, hlm 104 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 the objection or exception submitted by the defendant's attorney in relation to the authority of the corruption court in the central jakarta district court, which disputes the corruption or corruption court is not authorized to examine and try the case because there is no decision by the supreme court as the basis for the operation of the corruption court.20 the principles of the corruption court are relatively the same as those stipulated in the criminal procedure code, namely independent, simple, fast, transparent and accountable. the purpose of being independent here is that the corruption court is impartial and able to be an important role in the effort to realize a just, honest and responsible governance procedure, apart from the intervention of other institutions both directly and indirectly.21 4. conclusion based on research that has been carried out in the form of data, observation, documentation and supported interviews so that the results obtained as stated in the previous chapters, so conclusions are drawn: in its prosecution, the corruption eradication commission is authorized to conduct money laundering prosecution pursuant to the law of prevention and eradication of money laundering crime namely article 75 in connection with the merger of investigation examined by the corruption eradication commission between predicate crime and money laundering crime and based on article 49 of the corruption eradication commission law, namely when the investigation process is sufficient or completed, the investigator makes an investigation report and submitted to the head of the corruption eradication commission (kpk) for immediate action. the investigators referred to herein are investigators of the corruption eradication commission appointed and dismissed by the corruption eradication commission which carries out the function of corruption criminal investigation established under article 45 of the kpk law. under article 52 of the corruption eradication commission law, after the prosecutor receives a case file from the investigator, the claimant shall submit the case file to the district court no later than 14 (fourteen) working days from the date of receipt of the file. the public prosecutor referred to here is the public prosecutor of the corruption eradication commission appointed and dismissed by the corruption eradication commission which carries out the function of prosecuting the criminal act of corruption stipulated under article 51 of the corruption eradication commission law. in the kpk law there is no information which gives the authority of the corruption eradication commission to delegate the file of investigation case to the public prosecutor outside the corruption eradication commission prosecutor. 20 21 terdakwa akil muchtar, putusan nomor: 10/pid.sus_tpk/2014/pn.jkt.pst, hlm 1062 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 the reason the panel of judges rejected the exception of the defendant lutfhi hasan ishaq and akil muchtar in relation to the authority of the corruption eradication commission against the prosecution of money laundering crime which is not explicitly regulated in the criminal act of money laundering as well as the court of corruption court in relation to the trial examining and prosecute the defendant is the principle of corruption court said that should be simple and fast, so the process of handling the case can be completed in an uncomplicated way. that is where the panel of judges assumes that the defendant's accusation that the public prosecutor of the corruption eradication commission is not authorized to prosecute is rejected because it is not in line with the principles of corruption court and also in the law on prevention and eradication of money laundering does not mention that the public prosecutor originating from the corruption eradication commission is not authorized to prosecute, the panel of judges is of the opinion that the public prosecutor of the corruption eradication commission shall have the right to conduct investigations and prosecution of the crime of money laundering as well as in relation to the authority of the corruption court not to be submitted to the decree of the chief justice, -dream. as article 2 of the corruption court act stating that as a special court residing in the district court is authorized to examine and hear. 4.1. advice 1. for government for the government, it is requested to revise the law on the prevention and eradication of money laundering related to the clarity of prosecutions carried out by the public prosecutor. 2. for corruption eradication commission for the corruption eradication commission to further improve the performance in eradicating corruption crimes, both in the form of bribery, gratification and money laundering. 3. for corruption court for the corruption court to further improve performance in the examination so that the law in indonesia can be more fair and honest in its application. references cees, schaap, fighting money laundering, kluwer law international, london, 1998. chazawi adami, kemahiran dan keterampilan praktik hukum pidana, bayumedia, malang, 2007 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 effendy marwan, sistem peradilan pidana tinjauan terhadap beberapa perkembangan hukuh pidana., referensi jakarta, jakarta, 2012. wiyono r., pembahasan undang-undang pemberantasan tindak pidana korupsi, sinar grafika, jakarta, 2012 undang-undang republik indonesia nomor 30 tahuun 2002 tentang komisi pemberantasan tindak pidana korupsi undang-undang nomor 8 tahun 2010 tentang pencegahan dan pemberantasan tindak pidana pencucian uang putusan nomor: 10/pid.sus-tpk/2014/pn.jkt.pst putusan no.38/pid.sus/tpk/2013/pn.jkt.pst yustianti, surti, and mohammad roesli. 2018. “bank indonesia policy in the national banking crisis resolution.” yurisdiksi: jurnal wacana hukum dan sains 11 (1):77–90. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 77 bank indonesia policy in the national banking crisis resolution surti yustianti1, mohammad roesli1 1faculty of law, merdeka university surabaya email: surtiyustianti@gmail.com abstract this study analyzes the philosophy of banking policies which have implications for the criminal offense. in this regard, bank indonesia's decision is in conformity with the authority and office attached to bank indonesia officials. policies made by bank indonesia is right or not, is bound by the principle of wise and good etiquette. bank indonesia officials have the authority associated with the position. if there are elements that are not good etiquette and undiplomatic in authority that caused state losses then policies can be categorized as a criminal offense banking. the aim of this study was to analyze and find philosophy as bank indonesia policy in the bank restructuring. type of research is a normative legal research. this study uses the legislative approach, conceptually. banking policy which resulted in a criminal act can be seen from the administrative aspect, and a criminal in a lawsuit conducted by bank indonesia officials. if bank indonesia officials make mistakes in order to carry out regulatory policies, the criminal incurred should be charged to the official. keywords: policy, bank indonesia officials, errors, crime 1. introduction the law is the truth(lawislegality)"thehard fact is that sometimes we must of make decisions we do not like. we make them because they are right, right in the sense that the law and the constitution, as we see them, compact the resulit". in the philosophy of law there are two dimensions of truth. first, the material truth, where we attain truth when our thinking(judgment)corresponds with reality. a statement is true if it conforms to reality. not a single law, the law was changed and the election process if the law occurred because think is about reality to obtain the truth. thought philosophy think the law is the result of a human being that manifests as cultural concepts of a reality associated with the value. second, the formal correctness, which the statement is based on logical coherence is true. it marks the extent and limitation of oon thinking powers, the power of our minds we know the extent of truth. thoughts that are not based on the truth does not have the power, while according to immanuel kant, ethical and jurisprudential reasoning is a cornerstone and foundation for the real thinker. based on the preferred ideology, where these concepts can be easily created by itself of conscience and instincts of each individual with no recommendation or necessity to go through trials and research. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 78 while power is the ability of a person or group of people to influence people / groups that correspond with the wishes of people who have such power. power is the ability to influence public policy both formation and its consequences in accordance with the desires of power. power part of the social power directed to the state as the only institution in charge. the limitation of state power by state organs by applying the principle of division of powers separation of powers vertically or horizontally. in accordance with the law of power each power must have had a tendency to develop into arbitrarily as the opinion of lord acton: "power tends to corrupt, and absolute power corruptsabsolutely". to avoid arbitrary as stated tatiek sri djatmiati dissertation outlines the administrative law relationship and authority. administrative law or rule of law "administrative recht" or "bestuurs recht" contains legal norms of the government into the parameters used in the use of authority by government agencies. the parameters used in the use of these powers is legal compliance or not compliance with the law ( "improper legal" or "illegal improper"), so that in case of use of authority conducted"impro perillegal" then the appropriate governmental agencies accountable.1 the elements of authority possessed by bank indonesia in bank jeopardize business continuity condition of the bank concerned provide policies for authority to act, there is an urgent need to achieve the goal of controlling the systemic conditions in rescuing national banks. the authority to conduct the policy is discretionary authority. the authority's discretion (discretionary power) could happen if the legislation does not regulate the authority of the government altogether or could happen anyway legislation contains norms that samara (vage norm) in the granting authority.2 as stated in his dissertation nur basuki winarno first thing that usually happens in relation to an urgent situation and it is necessary to take out a policy or decision but the foundations act when virtually no government should not stop proverbial in the slightest.3 2. methodology this study is based on legal research. laws are the rules and norms that exist in society, with the consistency of the type of research that digunakanadalah type of 1 tatiek sri djatmiati, prinsip ijin usaha industri di indonesia, disertasi program pasca sarjana universitas airlangga, surabaya, 2004, h. 62-63. 2 op.cit 3 nur basuki, disertasi, 2009, h. 84. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 79 research huku normative research approach is used to assess permasalhan that there are regulatory approaches per invite invite (statute approach), the conceptual approach (conceptual approach) , source material from the study of law in accordance with the nature of normative legal research, legal materials enjadi huku basic assessment of the issue of this study consisted of primary legal materials dab secondary law. primary legal materials is the subject of menhkaji per-law invite on studies reviewed, legal materials sekundermemberikan explanation of primary legal materials, including: the works of the law, journals, scientific magazines, the internet, and views or doctrines related to literature and principles -prinsip the bankers. 3. discussion 3.1.policies philosophy policy issues/ policy conducted by bank indonesia in a healthy banking is a problem that is not endless debate. the debate over policy issues / policy officials. countries in this bank indonesia is very diverse, from any deviation from the policy / policy implemented, abuse of authority until the policy / policy for a healthy banking is a criminalization m. solly lubis, formulate policy interpreted into policy, while the policy is called wisdom. wisdom in terms of policy or wisdom, is thinking / in-depth consideration to the basis (foundation) for policy formulation. policy / policy is a set of decisions taken by the political actors in order to select a destination and how to reach our objectives.4 policy / policy given meaning diverse, harold d. lasswell and abraham keplan give meaning to the policy as "a projected program of goals values andpractices".5 in his book, m. irfan islamy, "principles of state policy formulation" is a series of actions defined and implemented or not implemented by the government which has the purpose or goal-oriented in the interest of the entire community.6 legally policy / policy conducted by the government solely exercise authority based on the act, in addition to the enactment of the principle of legality. to achieve 4 m. solly lubis, sh, kebijakan publik, mandar maju, bandung, 2007, h. 5 5 op. cit., h. 15-17 6 m. irfan islamy, prinsip-prinsip perumusan kebijaksanaan negara, pt. bumi aksara, 2003, jakarta, h. 20. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 80 better results in all the implementing authority, the government requires the freedom to act on their own, known as ermessen.7 according to bagir manan, authority means the right and obligation (rechten enplichten),the right contains the freedom to do or not do certain acts or by another party to perform certain actions, being the obligation to load the necessity to do or not do.8 regulatory policies(beleidsregal)is actually a product of the state administration on the basis of use ermerssen. ermessen is the freedom given to the state administration in the framework of governance, in line with the increasing demands for public9services. in connection with the public service substantially bank indonesia as the central bank has three functional areas, namely (1) establishing and implementing monetary policy, (2) set up and maintain the smooth payment system, and (3) regulating and supervising banks, but in this chapter will discuss the regulation and supervision of banks.10 that in order to carry out the task of regulating and supervising banks, in accordance with article 24 of law no. 23 of 1999 concerning bank indonesia, bank indonesia that set the rules, grant and revoke permission for institutional and certain business activities of the bank, carrying out banking supervision, and imposed sanctions on the bank in accordance with statutory provisions. in principle makespolicy decition politicalmaker has the power or authority to do so. source obtain authority in the foundation for state officials who carry out the process of the bank rescue is a legitimate authority. the authority authorized by philip m. hadjon, obtained through three sources, namely attribution, delegation and mandate.11 other attribution authority referred to the authority stipulated by the law, article 1 point 8 draft government administration act (bill-ap) formulation, that the attribution of 7 irfan fachruddin, pengawasan peradin administrasi terhadap tindak pemerintah, alumni, bandung, 2004, h. 2. 8 ibid h. 40 9 laila marjuki, peraturan kebijakan (beleidsregel), hakekat serta fungsinya selaku sarana hukum pemerintahan. 10 undang-undang no. 3 tahun 1999 tentang bank indonesia jo undang-undang no. 3 tahun 2004 tentang perubahan atas undang-undang ri no. 23 tahun 1999 tentang bank indonesia. 11 philipus m. hadjon, rencana undang-undang administrasi pemerintahan dalam pembangunan administrasi, makalah lokakarya hukum administrasi dan korupsi, diselenggarakan oleh departemen hukum tata usaha negara, fh unair, surabaya, 28 oktober 2008, h. 3-4. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 81 authority is the authority established by the legislation for the agency or government official. delegate authority comes from devolution, while the mandate of authority derived from the assignment.12 delegates and mandates in the draft administrative law government has clearly distinguished. mandates in procedure delegation is regular contact superior subordinate, it can unless prohibited firm, while a delegation from the procedure delegation from an organization of government to others, with the regulations legislation responsibility and liability gugatnya mandate remains on giving the mandate, delegation of responsibility and accountability gugatnya switch to delegatoris. table 1. the differences are described as follows:13 delegation's a. delegation ofprocedure in theroutinesuperior subordinate relationship commonplace unless expressly forbidden from a government organ to another organ by legislation. b. responsibility and accountabilityp ositions fixedon mandate giver responsibility and liability positions to switch to delegatoris. c. possible giver use it againauthorized any timeto use his own authority delegated it. unable to use the authority it again except following the lifting of the hold to the principle contrarius actus d. rules ofofficial anscript,ub, ap without an, etc. (direct) in addition, the responsibility of the parties to the bailout (bailout) to rescue banks associated with positions of responsibility carried and can be personal responsibility. the concept of the office will determine whether an action or government including administrative law, including civil legal act. in implementing the policy / policy of bank indonesia to rescue banks abused by parties involved in the restructuring process of banks, ranging from the officials at bank indonesia, in the ministry of finance and at the level of the bank will be saved. abuses committed by parties involved in the restructuring process of banks can be categorized as a crime or a crime criminalization or in english is called "willconduct",is a rogue behavior. behavior in english is "conduct".such behavior could be "perform an act" which in english is called"act"or "commission". 12 ibid, h. 3-4 13 phillipus m. hadjon, kebutuhan akan hukum administrasi umum, h. 21. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 82 perform an act is evil behavior if that behavior according to the norms prevailing in society are prohibited by the persons concerned, because if the deed is done so contrary to the prevailing norms of society, then such actions are malicious behavior by the people concerned. this can be seen from the formation of a special committee of the house of representatives to address century case involving considerable amounts of money of rp 6.7 trillion. the occurrence ofcase bailout this centuryas a result of the policy of bank indonesia in order to deal with banks in crisis conditions. bank indonesia as the central bank issued funds to control systemic conditions in order to save the national banking system. the aim to control the conditions of systemic and save payment systems national is at the core considerations bank indonesia bailout(bailout)to the banks that are not healthy because of the difficulty banks that are systemically the responsibility of the government, therefore, and issued by the central bank first referred to as a bailout fund which will then be taken into account by the government. in granting bail(bailout)from bank indonesia to rescue the bank, requiring new policies are no exception policy in the field of banking. in connection with the policy in the field of banking, regulatory legislation in the form of a policy (beleidsregel) is a rule of law established by officials / or body of the state administration on the basis of the authority derived from their beoordelingsruimte surijheid broordeling beleidesvrijheid or freiesermessen.14 van kreveld suggests the main feature of a regulatory policy, as follows: a. the establishment of regulatory policy is not based on the provisions that are clearly derived from attribution or assignment of the constitution and the law. b. the establishment can be written and unwritten that originates in the authority of the free act of government agencies, or simply based on the provisions of the legislation of a general nature which provide the policy space to an official or agency administration on its own initiative to take legal action of public regulatory and determination. c. editors or contents are flexible or general rules without explaining to citizens about how government agencies should carry out the independent authority to communities in specified circumstances (subject to) a rule. 14 jh van kreveld, beleids urijheid in head rect, klewes-deventen, 1983, h. 3. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 83 d. editors judicial policy regulations there is formed following the format the legislation and officially announced in the newsletter of the government, although in konsiderannya not refer to the act or regulation legislation that is higher that authorizes its creation to the government agencies concerned. e. can also be determined by the official juridical format or state administrative agency that has room for the wisdom. furthermore, bagir manan provide an overview of the regulatory policy, as follows: a. regulatory policy can not be categorized as a rule in the form of regeling, b. principles restrictions and testing of the laws and legislation can not be enforced on regulatory policy, c. regulation policy can not be tested wetmatigheid because there is no basic legislation for decision making regulatory policy, d. regulation policies are based freies ermessen and lack of authority of the state administration concerned makes legislation (either because it generally is not authorized or to object concerned is not authorized to regulate), e. pengaujian against regulatory policy geared more towards "doelmatighheid",so that the test is a stone governance principles decent, f. in practice, the policy rules format given in various forms or types of rules, such as: a ministerial decree, inst ruksi ministers, ministerial circulars, announcements, and others. it can even be found in the form of a ministerial regulation.15 more on regulatory policy, attamimi noted a number of similarities and differences between the legislation by regulatory policy, as follows: a. legislation and regulatory policies have in common is general and abstract, applies to the outside and are public. b. the difference between legislation and regulatory policy are: 1) establishment of the legislation is a state function. 2) the function of the establishment of policy regulations rests with the governments in the narrow sense (executive), 3) the content of the legislation are fundamental in organizing community life such as holding errand and prohibition to do or not do something if it needs to be a criminal and sanction coercive 15 bagir manan, peraturan kebijakan, makalah penataan dosen fakultas hukum seluruh sumatera, fakultas hukum universitas andalas, padang, 5 april 1994. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 84 4) the content of the regulations policies related to the authority of forming the decisions in the sense beschikkingen,the authority to act in the field of private law, and the authority to make plans, 5) product of actions the agency or official of the state administration which aims to show off as a policy or written rules, but without authority rulemaking from agencies or state administrative official who create policy rules.16 regulatory policies (beleidsregel) is essentially a product of the actions of the state administration aimed naar buiten gebracht schriftelijk beleid (show out a policy written) but without the authority of agency rulemaking or administrative official who created the policy regulations.17 in beleidsregel authority or official body of the state administration in making policy rules based on the principle of freedom of action. this ermessen term commensurate with discretionair which means at the discretion of, and as an adjective means according to the authority or power that is not or not entirely bound to the act.18 implementation ermessen this through the act of administration tools the state can be either:19 a. establish regulations under the act that materially binding general, b. issue beschikking which is concrete, individual and final, c. necessary to follow the administration of real and active, d. running judicial functions, especially in the case of "mind" and "appeals administration", principle ermessen can be used by the government if: a. there is a legal vacuum, b. laws exist, but incomplete, c. laws exist, but there is vagueness, causing a lot of interpretation and / or, d. all are intended for the public interest , 16 a. hamid s. attamimi, perbedaan antara peraturan perundang-undangan dan peraturan kebijakan, pidato dies natalis ptik ke 46, perguruan tinggi ilmu kepolisian, jakarta, 17 juni 1992. 17 philipus m. hadjon, pengantar hukum administrasi indonesia (yogyakarta, gadjah mada university press, 1994), h. 152. 18 fokema andreas, kamus istilah hukum (terjemahan), saleh adiwinata et. al (trans), bandung, bina cipta, 1983, h. 98, 145. 19 saut panjaitan, makna dan peranan freies ermessen dalam hukum administrasi negara. dimensi-dimensi pemikiran hukum administrasi negara, yogyakarta, uii press, 2001, h. 115. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 85 regulatory policy can not be categorized as a rule in the form of regeling. agency issued regulations that policy is, incaso,does not have the authority. regulation of public policy does not bind directly, but have legal relevance. policy regulations provide opportunities how a state administrative authority running the government. ermessen is the freedom given to the state administration in the framework of governance, in line with the increasing demands of public service(bestuarszor)which must be given to the state administration on the social and economic life of citizens is increasingly complex. in relation to bank indonesia's policy in handling the national banking crisis, there is no specific offense in the formulation of the banking act, and no one rumusanpun that can be used to reach perpetrators of misappropriation of funds from bank indonesia policies. table 2. formulation elements privileges bank indonesia in the banking regulation in indonesia no statutory authority to bank indonesia ingredients 1 section 37a of the law of the republic of indonesia number 10 of 1998., , bank indonesia was given broad authority: "if according toregulation bank indonesiaof banking difficulties arise that endanger national economy. , , 2 article 33 of law number 23 of 1999 in the event of a bank,according to bankindonesia jeopardize the survival of a bank and endanger the system. , , 3 of law number 13 of 1968, article 22, article 27 (2) b, article 29 (1) bank indonesia may help liquidity loans to banks to address liquidity problems in an emergency 4 of act number 3 of 2004 amendment of the number 23, 1999, article 11 (5) and (4) the provisions and procedures for decisionmaking regarding the difficulties that berdmpak systemic banks. , , 5 of law number 13 of 1968 concerning bank indonesia article 32 bank indonesia can also provide liquidity loans to commercial banks to address liquidity in emergencies 6 article 37 (2) of law number 7 of 1992 concerning banking in the case of a bank experience liquidity difficulties endangering its survival, bank indonesia may take other actions in accordance with the legislation in force 7 article 24 of law number 23 of 1999 concerning bank indonesia as amended by act of the republic of indonesia number 3 of 2004 in order to implement duties as referred to in article 8 c, bank indonesia set rules, grant and revoke permission for institutional and certain business activities and impose sanctions against the bank in accordance with the legislation yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 86 with the enactment of law no. 21 year 2911 about the financial services authority regulation and banking supervision to switch from bank indonesia to the fsa. banking regulation and supervision in law fsa set out in article 5, article 6 and article 7 of law a fsa. although the law applies but the fsa has in setting a task the task of bank indonesia still performed by bank indonesia, can be seen in article 37 paragraph (2), article 39, article 40 and article 41 of law financial services authority. 3.2. the concept of personal responsibility and responsibilities position concept of administrative law, since the beginning of the responsibility or the responsibility of the state is the dominant element in administrative law that aims to protect citizens against government action. if the authorities do something unlawful, then he's like an ordinary person responsible for the damages caused. in assessing the nature of the unlawful act of another size than the rulers determined for the individual as a superior, that the individual in performing his actions are driven by their own interests, while the authorities to serve the public interest. if the authorities participating in the traffic community in his capacity commensurate with individuals, can be justified under article 1365 bw, which is a civil liability the liability positions related to unlawful acts of the authorities. the situation can be overcome explains that understanding responsibility or liability with regard to the concept of state administrative law concerning the use of the power of the ruler in the line of duty for public service.20 the responsibility or liability with regard to the use of state of government authority in the functioning of publicservice.in carrying out these functions can be impaired / suffering for the people. losses for the community can occur because of a flaw in the use of authority or authorities in connection with the behavior as individuals, both of these into a parameter whether or not a state responsibility or liability for damages exists.21 the size of the error to the responsibility or liability for damages no development of the size of the error is 2 (two): 1). faute personelle (personal error). 2). faute de service (error position). 20 tatiek sri djatmiati, kesalahan pribadi dan kesalahan jabatan dalam tanggungjawab atau tanggunggugat negara, lokakarya fh unair, 2008. 21 ibid h. 3-4 yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 87 definition of personal fault(fautepersonelle),if there is a personal mistake someone who is part of the government. such errors do not related to public service, but it shows the weakness of these people, because carelessness or22negligence. while the error positions(fautedeservia)occurs because of an error in the use of authority, and is only concerned with the service. state liability(liability)associated with the element lour faute de (a big mistake and dirty), have special requirements in the field of discretion. discretionary authority in the strict sense is the freedom of discretion, which means when the legislation gives certain powers to state organs, while the organ is free to (not) to use even though the conditions for its use legally met. while freedom of assessment authority discretionary (inthe sense ofthat is not true) is a right granted government organ to assess independently and exclusively whether the conditions for the implementation of a legally authorized fulfilled. sometimes the government is expected to act something to address the specific circumstances, related to the bank indonesia in dealing with the banking crisis take policy action in order to recover the banking system in achieving the goal to control systemic conditions and rescuing national banks. in the law of the republic of indonesia no. 23 of 1999 concerning bank indonesia article 33 changes to the law of the republic of indonesia no. 3 of 2004 on bank indonesia stated: in the event of a bank, according to bank indonesia jeopardize the sustainability of the bank concerned, or endanger the banking system or difficulties occur banking harm the national economy, bank indonesia may take action as stipulated in the law on banking regulations. in conditions like this, bank indonesia as authorities provide policies to restore the banking system recovers 23. performing the task to restructure the banks, the institutional framework or institutional coordination role is very important. less than optimal cooperation between bank indonesia and related agencies, especially the ministry of finance and the deposit insurance agency (lps) greatly affects the activity of the bank restructuring settlement. launch lack of coordination in terms of restructuring the bank itself is the weakness of the law. in bank indonesia's policy of administrative law known asprinciple, ermessennamely the principle of giving freedom of action to the government officials, especially in carrying out administrative functions. 22 ibid. h. 23 m roesli, asep heri, and siti rahayu, “authority of land procurement committee in the implementation of compensation for land acquisition,” yurisdiksi: jurnal wacana hukum dan sains 10, no. 2 (2017): 46–59. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 88 freedom of action could be undertaken by government officials in the following areas: a. there are no laws governing the settlement in ceoncreteo to a particular problem, but the problem demanding immediate settlement. b. legislation on which the act of government officials give full freedom. c. government officials empowered to organize themselves. applicability of the principle of ermessen an opportunity to losses on the part of individuals inflicted government officials. this is in accordance with what is stated by philip m.hadjon citing the opinion of mariettekobussen to measure abuse of power in relation to beleidsurijheid (discretionarypower,ermessen)should be based principles underlying the authority's specialties. principle specialties consisting essentially of an authorized purpose: now can be decided that a person who violates the legislation can be considered to have committed acts of law by not ignored what the rules are violated it is within the field of public law or private law. in connection with the government to account in this bank indonesia in granting bail out bank century which resulted in financial loss amounting to rp 6.7 trillion, can be held accountable as a legal subject. in our legal provisions should be no regulations to level government officials shall be responsible and bound on decisions made and actions taken during and after his term.24 in the case of bank indonesia made a mistake about to bail out bank century, the director of bank indonesia related to positions of responsibility and personal responsibility in relation to acts of government, personal responsibility to an official associated with the mall administration in the use of authority and in the publicservice. responsibilities positions with regard to the legality of acts of government in administrative law issues relating to the legality of acts of government approach to government power.25 the concept of personal responsibility and responsibility positions in administrative law is closely related to the use of the control authority, for use when the authority will lead to ultra vires (beyond the act of authority). there are two (2) categories of underlying yusidial review of the implementation of the authority'sdiscretion, first, when the authority abuses its discretionary power, it is driven by the emergence of certain situations eg, people no longer trust the state administration, the actions of state administration that is not feasible, not implement 24 ibid, h. 96 25 ibid, h. 99 yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 89 consideration relevant, diverse exercise of authority and do not make sense, thesecond, when the authority fails to exercise its discretion, the state administration did not exercise powers assigned to them, or bound to the determination of discretion, or take off for its functions to another authority. second the category inseparable from each other, and tend to overlap each other. 4. conclusion from the above description can be stated that the wisdom of bank indonesia in dealing with the banking crisis by providing bailout funds in the form of a bailout to rescue the bank associated with positions of responsibility carried and be responsible positions. the concept of the office will determine whether an action or government, including administrative law, civil including legal act. deeds attachments may be considered inappropriate government in society. if the government is using the force of government administration according to law for a purpose not contemplated by public law or in french if there is "deteurnement depouvoir".and government actions could be considered inappropriate in a society where arbitrary actions (wilekeur).it should be recognized that the size of this kind is very vague (vaag),but in practice probably this size can be satisfactory, because in this size using a ruler can freely consider what actions according to the sense of justice in society. references a. hamid s. attamimi, difference between regulation legislation and regulatorypolicy,speech to the 46th anniversary of the police staff college, college of police science, jakarta, 17 june 1992. bagir manan, regulatorypolicy,planning papers faculty of law in sumatra , faculty of law, university of andalas, padang, april 5, 1994. fokema andreas, dictionary of legal terms (translation), saleh adiwinata et. al (trans), bandung, bina cipta, 1983, p. 98, 145. irfan fachruddin, peradin supervision administration of the acts of thegovernment,alumni, bandung, 2004, p. 2. jh van kreveld, beleids urijheid in head rect, klewes-deventen, 1983, p. 3. laila marjuki, regulatory policy(beleidsregel), the nature and functions as government legalmeans. yurisdiksi jurnalwacana hukumdan sains universitas merdeka surabaya thiswork is licensed undera creative commons attribution-sharealike 4.0 international license 90 m. irfan islamy, principles of state policyformulation,pt. earth literacy 2003, jakarta, p. 20. roesli, m, asep heri, and siti rahayu. “authority of land procurement committee in the implementation of compensation for land acquisition.” yurisdiksi: jurnal wacana hukum dan sains 10, no. 2 (2017): 46–59. m. solly lubis, sh, publicpolicy,mandar maju, bandung, 2007, p. 5 nur basuki, dissertation, 2009, p. 84. philip m. hadjon, introduction to administrative law indonesia (yogyakarta, gadjah mada university press, 1994), p. 152. ________________,plan administration law in development administration, administrative law workshop papers and corruption, organized by the department of state administrative law, faculty of law airlangga university, surabaya, october 28, 2008, p. 3-4. ________________ the need for public administration law,p. 21. saut panjaitan, significance and role freies ermessen the state administrationlaw.the dimensions of the state administration of legal thought, yogyakarta, uii press, 2001, p. 115. tatiek sri djatmiati, personal mistakes and errors responsibility or accountability position in the country, workshops fh airlangga university, 2008. ______________, principles of industrial business license in indonesia, dissertation program graduate airlangga university, surabaya, 2004, p. 62-63. law no. 3 of 1999 on bank indonesia jo law no. 3 of 2004 on the amendment to act no. 23 of 1999 concerning bank indonesia. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 implementation of building construction prohibition in watershed (case study on brantas watershed in soekarno-hatta area, malang) vega alif wijaya1, legal studies program postgraduate faculty of law, airlangga university email : vegaalif@gmail.com abstract the objective of research was aims to find, analyze and understand the policy implementation of the ban on construction of building in watershed (das brantas case study on region soekarno-hatta malang). the legal analysis is focused in finding the limiting factors in the enforcement of the ban on construction of the building in the watershed, the legal consequences of the construction of the building in the watershed area and the efforts to enforce the provisions on the prohibition of building in the watershed. the journal is prepared by the method of empirical juridical approach sociological jurisdiction. based on the survey results revealed that basically factors which hinder the enforcement of the ban on construction of the building in the watershed occurs because due to the lack of public awareness regarding the building was required to have a permit, factors of weak local economy, the law enforcement officers who are not firmly against the demolition in the area of watershed brantas also because of the buildings that have stood prior to regulation no. 1 year 2012 malang. the legal consequences of the construction of the building in the watershed area, namely a written warning and a call to the offenders concerned. while efforts to enforce the provisions of the ban on building in the watershed of them with socialization related rules and if there is a violation, the violator will be called to give advance warning letter, if it is still in violation will be given sanction by misdemeanor. keywords: implementation, enforcement, watershed 1. introduction riverbank or watersheds settlements is an urgent problem to be addressed more thoroughly as they become a dilemma for the lives of the people in the region and the regional government as the manager. on one hand, the existence of these settlements is rooted in economic motives, thus encouraging the population on the banks of the river to make the most of the potential of the water and the potential of the river, but on the other hand the riverbank area is an area that needs protection from various factors that can damage the ecosystem (yustianti and roesli 2018). if the watershed is not protected properly, the impact of the damage will be a disaster for the community around the river flow and the river ecosystem such as the level of reservoir sedimentation, the quality of the river water that falls due to pollution, and flood. 1 faculty of law law student program, airlangga university surabaya yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 weak institutional strengthening has been proven to be followed by policy failure to achieve its objectives2. excessive regional selfishness has caused each city/district government to feel responsible only in its own administrative territory. meanwhile, environmental management always demands beyond the administrative boundary because of its ecological characteristics. environment should be managed with the principle of bioregionalism. regional egoism has caused irresponsibility at cases of environmental damage3. protection and management of environment needs to be carried out based on the principle of integration4. the problem of illegal settlements in watershed area is one of the impacts of residential needs in city which is followed by an increase in land requirements. as the population of urban land increases, the price of land becomes increasingly expensive. for those who depend on urban life and cannot afford land or housing, they are forced to build illegal buildings, one of which is in watershed area. asdak defines watershed management as a formulation process and implementation of activities or programs of manipulation of natural and human resources contained in the watershed to obtain production and service benefits without causing damage to water and land resources5. the existence of residential land in the watershed area will cause various problems ranging from flooding, reduced water availability due to the narrower width of the river to the occurrence of water pollution which results in a decrease in river water quality, where most of the river water is used to sustain the lives of the communities around the watershed. decreasing water quality will reduce efficiency, usability, productivity, carrying capacity and capacity of water resources which will ultimately reduce the wealth of water resources. to maintain the quality of water to remain in its natural condition, it is necessary to manage and control water pollution wisely. as an archipelagic country, indonesia has wide ranges of watersheds and are located in several regencies and provincial administrative regions. the minister of forestry decree no.511 / menhut-v / 2011 on determination of a watershed map states that the number of watersheds in indonesia covers 17,088 watersheds with a very wide size ranging from less than 100 hectares to more than four million hectares. malang is one of the cities in east java divided into five sub-districts of kedung kandang, sukun, klojen, blimbing and lowokwaru districts. according to the results of the population 2 hariadi kartodiharjo, kebijakan pengelolaan hutan: perumusan kebijakan dan implementasinya, bahan pelatihan pengelolaan lingkungan hidup. (klh: desentralisasi pengelolaan sumberdaya hutan, kementerian lingkungan hidup, juli 2006), p. 45. 3 hadi yunus, struktur tata ruang kota, (yogyakarta: pustaka pelajar, 2005), p. 89. 4 article 2 letter d, law of the republic of indonesia number 32 tatun 2009 concerning environmental protection and management 5 asdak , chay. hidrologi dan pengelolaan daerah aliran air sungai. yogyakarta: gadjah mada university press. 2010 p.231 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 census on may 12, 2015, malang population covered 870,844 people with a population growth rate of 0.86% and a population density of 7,453 / km2. the most populated sub-district is klojen by 12,006 people per kilo of square meters6. a high population increase raises various problems, especially environmental problems, one of which is the emergence of slums in brantas river basin. the settlement arises due to an increase in population both from population growth and due to urbanization. thus, the need for land for housing is increasing, while land is becoming more limited. these settlements are in flood-prone areas and tend to become slums. this is due to the inability of low-income class residents to buy houses. as an alternative to get a shelter close to the workplace, settlements are built in marginal areas such as riverbanks7. slum areas are an indication of the government's failure to provide adequate housing for all population groups. the emergence of slums on the banks of brantas river in the city of malang cannot be separated from the decline in river water quality due to the activities of the surrounding population. residents around the brantas river tend to use the river to meet their daily needs such as bathing, washing and latrines without going through regular household waste sanitation8. the east java environmental forum (walhi)9 assessed that the construction of the soekarno-hatta tower and residential apartments in malang city had violated the provisions of local regulation no. 1 of 2012. this was because the residential location of the apartment was in the same area as brantas river and violated article 27 of the malang city regional regulation number 1 of 2012 concerning building buildings which states that "the construction of settlements in the watershed area is at least 25 meters outside along the legs outside the embankment and 50 meters if not embankment." in the framework of structuring development to be in accordance with the regional spatial plan, detailed spatial planning and in order to achieve a beautiful urban arrangement and ensure health, safety and security and public order, guidelines are needed to regulate the order of building in malang which must also be adjusted. with what has been stipulated in law number 26 of 2007 on spatial planning. this is regulated in the regulation no. 1 of 2012 above. according to malang city regulation number 1 of 2012 on buildings construction to be in accordance with regional spatial plan (rtrw), detailed spatial planning, and to achieve a 6 http://dispendukcapil.malangkota.go.id downloaded on june 10, 2015 7 http://www.pajakonline.com/engine/artikel/art.pdp?artid=7784 downloaded on may 21, 2015 8 ngakan putu suec,. permukiman kumuh, masalah atau solusi, (jurnal permukiman natah vo.2 universitas udayana. 2004), p. 7 9 apartment settlement development in malang assessed to damage the environment. tempo. accessed may 27 2015 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 beautiful urban arrangement and ensure public health, it is necessary to set guidelines for organizing buildings in malang city10. building arrangements in brantas watershed area is arranged in article 27 paragraph (2) of malang city regulation no. 1 of 2012 which states that the location of the demarcation of the outermost building for the area along the river or lake is calculated based on the condition of the river, the location of the river and the function of the river area, and measured from the river bank. based on the background that has been explained, an empirical legal problem is interesting to analyze: what are the inhibiting factors in enforcing the prohibition on building construction in the watershed? what are the legal consequences of building construction in the watershed area? how do you enforce the provisions regarding the prohibition of building construction in the watershed? this journal is compiled based on empirical juridical research method which is carried out with a sociological juridical approach in malang city and supported by primary data in the form of data obtained directly from the source either through interviews, observations or reports in the form of unofficial documents which are then processed by researchers and secondary data in the form of related legislation, books, scientific journals both online and non-online and other literature related to the topic of the thesis discussion. 2. discussion 2.1. inhibiting factors in enforcing the prohibition of building construction in the rivershed 1. inhibiting factors of building construction ban in malang watershed area government regulation number 26 of 2008 on national spatial plan states that the river border is a protected area. in accordance with minister of public works regulation no. 63/prt/1996 on the river border line, river benefit areas, river control areas, and ex-rivers, stipulates: article 6 paragraph (1): "the border of river with embankment is set as follows: the border of river embankment in urban area is set at least 3 meters on the outside along the foot of the embankment. article 8: "determination of the border line of the river without embankment in urban area is based on the criteria: the border line of rivers with depth of not more than 3 meters is set at least 10 meters calculated from the banks of the river at set time: the border line of rivers with depth of not more than 3 meters to 20 meters is set at least 15 meters from the river bank at the time specified. the border line of rivers with maximum depth of more than 20 meters is at least 30 meters calculated from the banks of the river at the set time. article 12: 10 malang mayor regulation number 1 of 2012 concerning the standing orders of the regional people's legislative assembly of malang city: malang yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 "in the border area, it is prohibited to dispose of solid and/or liquid waste and establish permanent buildings for residential and business premises". based on permen pu no. 63 / prt / 1996, buildings that are erected on the banks of a river are prohibited and will endanger residents and the surrounding environment. however, in reality there are so many buildings stand along the brantas watershed. the problem may be overcome by developing the concept of mitigation and adaptation in disaster-prone areas. for example, the formation of new canals. from an economic standpoint, the formation of a new canal must consider cheaper costs and whether canal construction is carried out by dismantling slum areas or dismantling all of them with permanent settlements. regarding the number of residential buildings that stand around the brantas watershed area around the soekarno hatta area, the malang city environmental agency provides the following explanation: "buildings established in brantas watershed area do not have a building permit, we find difficulty in its supervision11." the public works agency also stated12: "usually the violation is in the form of a building erected on land owned by a government agency, but sometimes a building in the watershed area can have imb because it has a recommendation from the irrigation agency." this statement was justified by the integrated licensing service office which handled the imb, which explained: " imb will not be approved if there is a prohibition on building such as in the watershed area which is the authority of the irrigation office. but if the party concerned receives a recommendation from the irrigation service that is equipped with its panning advice, we cannot refuse to make a permit13. to find out the reason of the people who have buildings along brantas watershed area, whether they know that there are laws and regulations have prohibited the establishment of buildings in the watershed area, one of the residents with the initials aa stated: "i have lived here for a long time and there has never been a problem so far and there has never been a reprimand from any party. indeed, this house does not have an imb. i don’t think my house must have an imb, the house located on the side of the big road is the ones required to have an imb." from the results of the interviews with the three related agencies and one of the community members mentioned above, the authors concluded that the forms of violations that 11 waskito (head of construction section of public works office, interview, public works office, malang, october 27, 2015. 12 iwan rizali (head of malang city public works licensing services), interview, public works licensing service office, malang, october 28, 2015 13 head of licensing service office, interview, integrated licensing service office, malang, october 28, 2015 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 occur mostly in the brantas watershed are the absence of a permit to carry out development in the brantas watershed area. although there has been socialization, there are still many buildings because residents still want to build in the area. most of the existing buildings in brantas watershed are currently built when rules regarding construction prohibition in the watershed do not exist. article 19 paragraph (1) regional regulation number 1 of 2012 malang city states: "every individual / body that constructs a building is obliged to have an imb document from the regional government, except for a special function building." it is clear that any construction needs an imb. imb is used as a requirement to gain public utility services. for buildings without imb, based on article 19 paragraph (5) of the regional regulation, must be dismantled or made adjustments so as to meet the provisions in the imb. in his opinion through the non-governmental organization that he led, retired dwikora said that there were many violations of development in the area of das brantas which increased every year. the violation is not only carried out by the poor, but also by entrepreneurs who set up their businesses around das brantas. not only violations in the watershed area, malang city also experienced many violations in terms of spatial planning but almost always won the adipura trophy14. based on the interview above, the constraints in enforcing the ban on development in the brantas watershed are: a. low awareness of the community or citizens regarding forest and water conservation, especially in brantas watershed of the soekarno hatta region; b. environmental care has not been an ongoing agenda (sporadic ceremonial); c. domination of economic orientation overcomes ecology; d. unclear knowledge about the need for imb in building buildings in any area, especially if the area is in the watershed area; e. the existence of buildings that have been built before the issuance of regional regulation no. 1 of 2012, where based on the principle of law does not apply retroactively, the buildings cannot be ordered; f. land and forest management systems that are not pro-conservation (nonenvironmentalist regulations); g. related agencies are still not firm in taking action against violations on the basis of humanity against the poor in the brantas watershed; 14 purnawan dwikora, east java environmental forum regional board, walhi jatim, malang january 5, 2016 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 h. the people who own the building are arrogant, so to avoid things that are not desired, the relevant officials in this case the pp pp and the licensing service cannot firmly curb violations in the form of demolition of buildings. river border rules have been clearly regulated in the regulation no. 1 of 2012. in addition to omission, the rules are not enforced. illegal development on the riverbank should be prevented from an early without waiting for a permanent home to take action. enforcement will certainly cost and energy is greater and will harm those who have built buildings wildly on the banks of the river. the spatial plan (rtrw) of malang city must be used as an umbrella carefully. in several major cities in the world, large rivers that flow in the city are made multi-function. the policies implemented by the government do not currently have a legal umbrella that is definitely related to space or territory. the contributing factor, according to the authors, is the omission of settlements along the watershed. the government must be firm to maintain long-term sustainability. there must be a real and decisive action according to its designation. the solution to this is to rehabilitate the upstream areas of the river. the concepts of upstream river rehabilitation have not been successful. this is proven by the increase in illegal buildings along the brantas watershed. the regulation on the rtrw in malang city must be immediately enforced by stopping the granting of building permits in the brantas watershed and rehabilitation of the upstream areas must be carried out as soon as possible. but all of that must be supported by the community. in the future, disaster and environmental damage can be minimized. 2.2. legal consequences for notaries who sign the deed outside of their place of conduct in order 1. laws and regulations regarding watershed management assessing the watershed is not possible based solely on one or several similar laws or a plot. watersheds must be viewed as a whole-whole area consisting of water catchment areas, water sources, rivers, lakes and reservoirs, which cannot be separated from each other. in stages, the laws and regulations governing watershed management are arranged in the following order: 1. constitution: a. 4th paragraph of the preamble to the 1945 constitution15. 15 the relationship between article 33 paragraph (3) of the 1945 constitution and the prohibition on development in the watershed area is because the state in managing the earth, water and natural wealth contained therein is used for the greatest prosperity of the people in the right way. which does not damage the natural ecosystem, because later those who use the earth, water and natural wealth contained therein are not only used by us at this time, but are inherited for our children and grandchildren. so that for the sake of environmental sustainability in order to realize the prosperity of the people, then in managing the watershed area layout must be adjusted to its usefulness for its prosperity and sustainability for the future as well. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 b. article 33 paragraph (3) of the 1945 constitution. 2. act a. law no. 5 of 1990 on conservation of biological natural resources and their ecosystems (article 9 concerning certain regional conservation obligations and article 29 paragraph (2) regulation of the procedures for conservation of natural resources by the region); b. law number 26 of 2007 on amendment to law number 24 of 1992 concerning spatial planning (article 11 of regional spatial authority, article 60-66 of the rights and obligations of the community in spatial planning); c. law number 23 of 1997 on environmental management which was amended by act number 32 of 2009 concerning environmental protection and management (article 7 concerning areas that must be protected); d. determination of government regulation in lieu of law number 2 of 2014 on amendments to law number 23 of 2014 concerning regional government becomes law (article 154 concerning regional rights and authority); e. law number 19 of 2004 concerning the stipulation of government regulation in lieu of law number 1 of 2004 on amendment to law number 41 of 1999 concerning forestry becoming law (articles 48 and 49 concerning the management and conservation of forest areas). 1. government regulation a. government regulation no. 77 of 2001 on irrigation. b. government regulation no. 82 of 2001 on management of water quality and water pollution control. c. government regulation no. 35 of 1991 on the river. d. government regulation no. 69 of 1996 on the implementation of rights and obligations, as well as the forms and procedures for community participation in spatial planning. e. government regulation no. 27 of 1999 on environmental impact analysis. f. government regulation no. 25 of 2000 on the authority of the government and the authority of provinces as autonomous regions. 2. malang city regional regulation malang city regional regulation number 4 of 2011 on the malang city spatial plan 2010-2030. 2.3. analysis of legal impacts on development in the brantas watershed area if there is a violation, for example there is no ho permit then only a minor crime is given so they take care of the ho permit. before they are charged with minor criminal offenses, they call, given a multilevel warning letter. then if the call is not in the governor, he is given a minor offense. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 "it has been carried out but it is only a small act such as a fine and a minor criminal act, but for large actions such as dismantling we have not been brave. obviously they don't have an imb and land certificate. usually those who commit violations do the construction first and then take care of the building permit. power and water lines have no connection with imb16". regarding the proportion of authority of the relevant agencies in the establishment of buildings in the brantas watershed, the technical field is to take care of environmental documents for issuance of permits, imb is processed to bp2t then to blh for recommendations. the building plan from the pu then sent to blh for environmental review and then to bp2t for the issuance of imb. as for the legal consequences based on the results of interviews regarding who is responsible for enforcing the prohibition on building construction in the brantas watershed in the soekarno-hatta area of malang, the related parties said they did not know who was responsible17. legal consequences if someone violates the ban, according to relevant officials, do not know yet. according to the relevant official, perda number 1 of 2012 does not mention brantas watershed, only a structural problem. even based on the results of the interview, it was said that most buildings do not have an imb and a land certificate but they have electricity and water because the imb was not cared for. the legal consequences based on the results of the interviews that the author did, the responsible party for the enforcement of the prohibition of building construction in the brantas watershed in the soekarno-hatta area of malang are satpol pp and building supervisors. "the city government is having difficulties because it is not its territory. maybe later the infrastructure rearrangement will be carried out with the provincial government cooperation, including sanitation, as said by mr. iwan rizali18. still according to his opinion, the existing law has been enforced and has been cooperating with the provinces related to building permits on the brantas river. according to licensing, the average violator does not have an imb, but it is unknown how many or how many violations are because this is the authority of the satpol pp. this relates to the proportion of authority of the relevant agencies in the establishment of buildings in the brantas watershed, because the licensing office only provides building permits, only 16 ibid 17 waskito widyarmono, acting section of the construction section of the public works department, interview, public works office, malang, october 28, 2015. 18 iwan rizali, (acting section head for licensing services, interview, licensing service office, malang, october 28, 2015. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 signs the permits19. based on the results of the above interviews regarding the legal consequences of violations committed by the community, it is clear that the violations have strict sanctions. however, the legal consequences will appear unfair if the government itself does not guarantee a decent livelihood in exchange for enforcement of the regulation. because it can be seen again that the community violates due to the weak economy. so, to enforce the existing regulations, solutions must also exist to make the community no longer commit the same violations so that the relevant government does not need to curb or overcome the same problem. through interviews conducted with several residents who inhabit the brantas watershed regarding concrete actions taken by the government regarding notification of development restrictions in the brantas watershed area, the following information is obtained: "i've heard that they did counseling about it, but we didn't follow it because we thought that there would be no follow-up. it's just ordinary counseling, we want to obey the rules but we also want a decent livelihood20." according to local regulations, every building that does not have the administrative completeness of its building must be dismantled. for this reason, the author asks people's opinions: "this is not fair. we also pay electricity, pay for water. we are not free here, even though we are poor but we still pay to be able to live in this area21." in addition to this the author also asked about the efforts of the community so as not to damage the environment of the brantas watershed: "we only build comfortable buildings, enough to be occupied by our families, for a place to rest. but we are also most afraid of news of floods or landslides. we actually do not want to live here, but what can we do? we don't have a decent place22. " from the results of the interview above it is clear that the government, especially the city of malang, is still less firm in following up on the violations that occur in the brantas watershed while there are already provisions in law no. 28 of 2002 concerning building ("uubg"), single dwelling houses, row houses, flats, and temporary dwellings for occupancy 19 iwan rizali (acting head of licensing services, interview, licensing service office, malang, october 28, 2015. 20 community in the area of brantas watershed in malang city, malang october 28, 2015 21 ibid 22 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 are included in the category of buildings. the rule is still used as a basis for building construction in indonesia as well as pp no. 36 of 2005 as the implementing regulation. every building must meet administrative requirements and technical requirements in accordance with the function of the building (article 7 paragraph [1] uubg). administrative requirements for buildings include the requirements for the status of land rights, ownership status of buildings, and building permits (article 7 paragraph [2] uubg). construction of a building (house) can be carried out after the building's technical plan is approved by the regional government in the form of building permits (article 35 paragraph [4] uubg). having an imb is an obligation of the owner of the building (article 40 paragraph [2] letter b uubg). regulations concerning imb are further regulated in pp no. 36 of 2005 concerning the regulation of the implementation of law no. 28 of 2002 concerning building ("pp 36/2005"). every person who wants to build a building must have a building permit granted by the local government (pemda) through the permit application process (article 14 paragraph [1] and [2] pp 36/2005). the imb application must be completed with (article 15 paragraph [1] pp 36/2005): a. proof of ownership status of land rights or proof of land use agreement; b. data of building owners; c. technical building plans; and d. the results of an analysis of environmental impacts for buildings that have important impacts on the environment. article 19 paragraph (5) of regional regulation number 1 of 2012 malang city also clearly states that those who do development in any form that does not have an imb, whether it is newly built or renovated, must be dismantled or disciplined. but unfortunately, as has been written before, the lack of assertiveness on the part of the government and the arrogance of the community has made it difficult to enforce the rules. 2.4. efforts to enforce provisions regarding prohibition of establishing buildings in watersheds 1. preventive efforts based on interviews with the malang city environmental service, there were several attempts made by the relevant agencies, all of which were in accordance with the law. however, as seen today, there are still many violations, for which the related parties states: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 "the public does not understand 100% of the related rules. legal steps to take criminal action against these violations are imposed on violators of the law, in accordance with the law not in the regional regulation23." successful methods for dealing with these violations and what methods failed include: "the successful method is to call for a warning in the form of a multilevel warning letter. a minor criminal act is given, for those who do not comply, a business closure is carried out24." the facts in the field show that even though the efforts have been made with certainty, the closed business is still running again or reopened by the relevant community. the results of the interviews also show that the relevant government has conducted socialization of regulations to those who violate building eradication in the form of socialization of local regulation. in addition to the efforts that have been carried out by the environmental service above, the department of public works also participated in the enforcement of the prohibition on building construction in the brantas watershed in the soekarno-hatta area of malang. "the effort was in the form of socializing the problem of building restrictions, i have never participated in the socialization because of the one who held the kelurahan and kecamatan. i don't think the effort is maximal yet25." however, when the author asked why there were still many violations found, the department of public works through the relevant officials said that they did not know the cause because it was not the duty of the public works department. legal steps to take criminal action against the violation are stated along with the methods used to follow up the violations described below: "depending on the type of action, so far it has led to civil sanctions. we at the public works service do not know this. regulatory socialization is often carried out but not effective26 ". 2. upaya represif repressive law enforcement is carried out in the case of acts that violate the rules. law enforcement must have a compromise between the three elements of legal objectives 23 the interview was conducted on 11 november 2015 at the environmental service office with ibu yuni lestari, st as an official in the sub-section of environmental documents in the malang city environmental service 24 ibid 25 waskito widyarmono as the official of the construction section of the public works department, interview, public works office, malang, october 27, 2015 26 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 which include legal certainty, usefulness, and justice. the three elements must get a proportionally balanced compromise. the handling of housing and settlements in the brantas watershed must prioritize the benefits of the community; here clearly the community benefits if enforcement is avoided from disaster hazards, because the sanctions applied are certain in law no. 1 of 2011 concerning housing and settlements article 157. but the law must also end fairly in its application, here the enforcement of criminal sanctions must be fair to the community. based on the interviews that the author did, there were several efforts made in enforcing the prohibition on the construction of buildings in the brantas watershed in the soekarno-hatta area of malang by related agencies, here are the results of the interview: "one of the steps is data collection of non-certified buildings, guidance through licensing in the form of business development, human development and environmental development such as home reconstruction activity27." "the violation is not our part, there needs to be a study of the size of the violation." legal steps to take criminal action against the violation and the methods used to follow up the violation are explained as follows: "nothing, it's actually a civil domain. none of the methods for terminating construction failed. if someone violates it, they are dealt with. socialization is carried out, even almost every year in the villages and sub-districts, they are collected in a place and given counseling28". efforts that have been made by the government still cannot awaken the local community not to build in the brantas watershed. this is because the awareness of the people themselves are not aware of environmental sustainability, they do not understand the rule of law and economic factors that cause poor people to build settlements in the watershed brantas. coordination function plays an important role in the implementation of spatial planning in order to implement the principles of spatial planning such as integration, harmony, harmony, balance and partnership. the city of malang has formed the spatial planning coordinating board (bkprd) based on the mayor of malang decree number 188.45 / 542 / 35.73.112 / 2010, to support the implementation of law number 26 of 2007 concerning spatial planning and assist the implementation of mayor's duties. 27 iwan rizali, official of the head of the division of licensing public works licensing services, interviews, licensing service office, malang, october 27, 2015. 28 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 the purpose of land use regulation through agrarian law and other regulations is to reduce risks to life, property and development in disaster-prone areas. in the case of flooding, an area is considered vulnerable if the area is usually and is expected to be hit by a flood of water with its negative impacts, this assessment is based on the history of floods and regional conditions. riverbanks and beaches should not be used as physical construction sites and should not be inhabited. legislation needs to be in place for the legal basis for the implementation of sustainable and sustainable watershed management. law enforcement can be interpreted as an act of applying a legal instrument that is intended to impose legal sanctions to ensure compliance with the stipulated provisions. the ultimate goal of law enforcement is compliance with applicable environmental laws. obedience is the condition for achieving and maintaining legal provisions both in general and individually. law enforcement includes structuring, is administrative action and judicial actions both civil and criminal. violation of the provisions in the permit can be known from monitoring and if there is a violation, it can be known also the weight of the violations that occur so that what legal action can be applied to the violation can be determined. the results of these legal actions are archives or inputs for the improvement and development of subsequent legislation. watershed management requires a high willingness and motivation for the government and society in general to be able to manage it well and a strong determination to reject bribery efforts carried out by irresponsible parties. the ministry of forestry has been and is compiling: 1) 1) several laws and regulations related to the handling of floods and landslides include the creation of soil conservation laws, as well as other laws and regulations such as government regulations on integrated watershed management and regulations on standard operating systems for flood and landslide control procedures 2) 2) strengthening legislation regulations in the area of watershed management, namely: a. land conservation bill b. presidential regulation concerning mangrove ecosystem management strategy, c. minister of forestry decree on priority determination of priority watershed criteria d. preparation of guidelines for water management monitoring with a hydrological model approach e. integrated river basin management management guidelines based on the description above, the authors analyze these efforts using the effectiveness theory that is used to see the extent to which the achievement of the intended matter is the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 achievement of the objectives of the actions to achieve this. effectiveness is defined as the process of realizing the goals that have been set beforehand. factors that influence legal effectiveness according to prof. dr. soerjono soekanto, sh., ma includes: a. legal factor b. factor of law enforcement c. factors of facilities or facilities that support law enforcement d. community factors e. cultural factors in addition to the above, the author also asked about the efforts of the population so as not to damage the environment of the brantas watershed. "we only build good buildings, enough to be occupied by our families, for a place to rest. but we are also most afraid of news of floods or landslides. we actually do not want to live here, but what can we do? we don't have a decent place29." based on the theory of effectiveness analysis above the authors conclude that controlling illegal buildings in the brantas watershed area violates the existing provisions of both the law and regional regulation of malang city regarding this matter. however, the weak economic factors that result in the level of public awareness are the main indicators of these rules cannot be enforced which is also supported by the indecisive attitude of the relevant law enforcers. in the brantas watershed there are still many buildings both residential and shop. so that based on the analysis using the effectiveness theory above, the authors draw the conclusion that enforcement and control of buildings around the brantas watershed have not been effective because of the lack of firmness of law enforcement and the lack of public awareness due to economic influence. 3. conclusion factors inhibiting the construction of buildings in the brantas watershed include lack of public awareness about building such as imb, weak economic condition, weak law enforcement of apparatus and buildings that were established before the regional regulation no. 1 of 2012 in malang city. legal consequences for the construction of buildings in the watershed area in the form of written warnings and summons of the relevant violators. 29 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 efforts to enforce the provisions concerning the prohibition of building construction in the brantas watershed include the socialization of relevant rules and if there is a violation, the offender will be summoned by giving a warning letter in advance, if violation continues then then sanctions is given based on minor crimes. bibliography asdak, chay. hidrologi dan pengelolaan daerah aliran air sungai. yogyakarta: gadjah mada university press. 2010 hadi yunus. struktur tata ruang kota. yogyakarta: pustaka pelajar. 2005 yustianti, surti, and mohammad roesli. 2018. “bank indonesia policy in the national banking crisis resolution.” yurisdiksi: jurnal wacana hukum dan sains 11 (1):77–90. widyaningsih. beberapa pokok pikiran tentang perumahan. bandung: tarsito. 2006 zulfie syarief. kebijakan pemerintah di bidang perumahan dan permukiman bagi masyarakat berpendapatan rendah. medan: usu press. 2000 government regulation number 36 of 2005 concerning implementation regulation of law number 28 of 2002 concerning building law number 28 of 2002 concerning buildings malang city regional regulation number 1 of 2012 concerning law of the republic of indonesia number 32 tatun 2009 concerning environmental protection and management law number 1 of 2011 concerning settlements law number 7 of 2004 concerning water resources malang city regional regulation number 1 of 2004 concerning organizing buildings. malang mayor regulation number 2006 concerning building permit malang mayor regulation number 6 of 2007 concerning building permit (imb). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 authority of banking supervision and regulation by bank indonesia and financial services authority (ojk) asep hery1, surti yustianti2, daniel susilo3 1,2,3faculty of law, merdeka university surabaya 2correspondence author: email : surtiyustianti@ymail.com abstract this study analyzes the regulatory and supervisory authority of banks conducted by the financial services authority set out in law no. 21 of 2011 which was previously undertaken by bank indonesia in fact to apply the principles of prudence and good faith principles to banks in order to prevent the risk of banking crime. banking supervision and regulation after the issuance of the ojk law (financial services authority), bank indonesia as the central bank only acts as a monetary policy regulator to maintain monetary stability. the problem in this research is about the concept of law of regulation and supervision of banking sector by ojk and how the legal relationship with bank indonesia. the type of research used is juridical normative, then the data used secondary data and primary data, the approach in this study using conceptual approach, and komporatif. bank indonesia's regulatory and supervisory duties transferred to ojk are only related to microprudential, and the banking arrangements by bank indonesia are still conducted by bank indonesia only macroprudential, while the regulation of banking by ojk is not fully independent. keywords: authority, bank indonesia, legal relations and the financial services authority 1. introduction the presence of a bank is closely related to development of trade. today’s modern world is closely related and frequently depends on banking activities and services. article 34 of act number 3 of 2004 concerning amendments to the law of the republic of indonesia number 23 of 1999 concerning bank indonesia (hereinafter referred to as bi act) guides the establishment of financial service sector supervising institutions including banks, insurance, pension funds, securities, capital ventures, and finance companies and agencies that run public funds. the policy was taken with consideration of problems that appear in banking sector. there ahev been 21 (twenty-one) national private banks affected by the crisis and were liquidated by bank indonesia. in the process, various irregularities were discovered that made bank indonesia's supervision questionable. century bank, for example, was surprisingly determined by bi as a failed bank with systemic impacts 1. the problems in banking sector can disrupt the stability of the financial system that it encourages the formation of supervisory institutions in the integrated financial services sector. in december 31, 2012 law number 21 of 2011 concerning the financial services authority (hereinafter referred to as the ojk law) applied. this shows that indonesia is changing the application of the supervision model to its financial industry 2. the functions, duties 1 m. irfan islamy, prinsip-prinsip perumusan kebijaksanaan negara, bumi aksara, jakarta: 2003, hlm. 20. 2 arief amrullah, politik hukum pidana, genta, yogyakarta: 2015. hlm. 21. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 and authorities of the regulation and supervision of financial service activities in the banking sector shift from bank indonesia to the financial services authority (article 33 paragraph (2). every official makes policies in various fields. harold d. lasswell and abraham keplan interpreted policy as "a projected program of goals, values and practices". policy is interpreted as a series of actions that are determined and implemented or not carried out by the government that has a goal or is oriented towards specific objectives for the benefit of the whole community. this is important that the authorities as decision makers are not trapped in short-term policy. bank indonesia's policy of establishing a supervisory institution in the financial services sector is expected to improve a more resilient financial system framework. with ojk law, the unification of regulation and supervision of financial services sector was formed. the authority was previously exercised by the ministry of finance, bank indonesia, and the capital market supervisory agency and financial institutions. ojk law regulates the provisions governing the transition that the transition of tasks and functions of regulation and supervision goes well. the present study discusses the legal concept of the authority to regulate and supervise financial institutions in financial service activities in banking sector by the financial services authority (ojk) and bank indonesia. ojk was formed to regulate and supervise banks with good synergy between bank indonesia and ojk. ojk can embody interests between bank indonesia and the ministry of finance. 2. method this is legal research. law is rules and norms that exist in society. the type of research used is normative legal research. statute and conceptual approaches are used to study the problems. the source of legal material from this research is in accordance with the nature of normative legal research of primary and secondary legal materials. the primary legal material used is act number 23 of 1999 concerning bank indonesia as amended by act number 3 of 2004 concerning bank indonesia concerning amendments to act number 23 of 1999 concerning bank indonesia (hereinafter referred to as bank indonesia law) and act law number 21 of 2011 concerning ojk. secondary legal material provides an explanation of the primary legal material and includes work from legal circles, journals, scientific magazines, the internet and views or doctrines related to the literature and principles of banking actors. the secondary legal material used in this study is related to financial services authority (ojk). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 4. discussion according to law number 21 of 2011 concerning ojk, this is an independent institution in the supervision of banking. this institution is expected to coordinate well with bank indonesia. the task of bank indonesia, with the issuance of the ojk law, no longer supervises individual banks, but supervises macroprudential aspects of systemic risk in financial system stability. the tasks of bank indonesia are still in accordance with bank indonesia law including maintaining monetary stability and regulating the payment system and overseeing capital markets and non-bank financial institutions. the task is aimed at ensuring the possibility of risk of disruption to financial system stability in banking sector. the task is carried out with the precautionary principle adopted from the core core principle issued by the baseline committee on banking supervision. policy is a set of decisions taken by political actors in order to choose goals and how to achieve goals. according to m. irfan islamy, policy is a set of actions that are determined and implemented or not carried out by governments that have goals or are oriented towards specific goals for the benefit of all the community. juridically, the policies carried out by the government are solely to carry out authority based on the law. achieving better results to exercise authority, the government needs the freedom to act alone known as ermessen. this freedom of action is in accordance with the authority inherent in officials, including bank indonesia officials3. that authority is given by law because of his position4. the inherent authority must be exercised by bank indonesia officials in accordance with legal provisions. law consists of a collection of legal regulations. according to bagir manan, authority means the right and at the same time the obligation (rechten en plichten), the right to contain the freedom to do or not do certain actions or according to other parties to do certain actions, while the obligation includes the obligation to do or not do . according to soedarto, criminal law policy in narrow sense is broader, and most extensive. in a narrow sense, criminal politics is described as a whole of the principles and methods that form the basis of reactions to criminal violations in the form of crime. in a broader sense, this includes the overall function of the law enforcement apparatus, including the workings of the court and police. whereas in the broadest sense, this is the whole policy carried out through legislation and official bodies, which aims to enforce the central norms of society 5. in brief, soedarto argued that criminal politics is a rational effort by the community in tackling crime. according to barda nawawi arief policies or efforts to tackle crime are essentially 3 ibid (note 1), hlm. 20. 4 soedarto, kapita selekta hukum pidana, alumni bandung: 2006, hlm. 113 -114. 5 irfan fachruddin, ibid, hlm. 40. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 an integral part of efforts to protect society (social defense) 6 . the ultimate goal of criminal politics is the protection of society to achieve public welfare 7. in general, the policy can be made schematically the relationship described in scheme 1 as follows: 8 policy relationship related to the scheme, g. peter hoefnagels as quoted by barda nawawi arief stated that "criminal policy a science of policy is part of a larger policy: the law enforcement policy ... the legislative and enforcement policy is in turn part of social policy. the essence of policies or efforts to tackle crime is essentially an integral part of efforts to protect society (social defense) and efforts to achieve social welfare (social welfare) 9 . therefore, the ultimate goal or the main objective of public law politics is the protection of society to achieve the welfare of the community. 10 according to sudarto as quoted by barda nawawi arief, there are 3 (three) meanings of public law policies, they are: 1. in the narrow sense, this is the whole of the principles and methods that form the basis of reactions to criminal violations in the form of criminal law; 2. in a broad sense, this is the overall function of the law enforcement apparatus, including the workings of the court and police; and 6 barda nawawi arief, kebijakan hukum pidana, perkembangan penyusunan konsep kuhp baru, kencana persada muda grup, jakarta: 2008, hlm. 24-25. 7 irfan fachruddin, pengawasan peradan administrasi terhadap tindak pemerintah, alumni, bandung: 2004, hlm. 2. 8 barda nawawi arief, ibid, hlm. 5. 9 barda nawawi arief, ibid, hlm. 56-57. 10 gde made swardhana, “pola penanggulangan kenakalan anak berbasis kearifan lokal masyarakat bali”, disertasi, pascasarjana universitas diponegoro, semarang: 2013, hlm.2 social welfare policy social defence policy criminal policy social policy penal non penal purpose yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 3. in the broadest sense, this is the whole policy, which is carried out through legislation and official bodies that aim to enforce the central norms of society. there have been a legal relationship between the bank as the supervised party and bank indonesia, the financial services authority as a supervisory party and this is regulated in act number 7 of 1992 concerning banking as amended by act number 10 of 1998 concerning amendments to law number 7 of 1992 concerning banking (hereinafter referred to as the banking act), bank indonesia law and ojk law. the core purpose of bank supervision is to protect customers who hold and entrust their funds to the bank. with act number 24 of 2004 concerning the deposit insurance corporation (hereinafter referred to as the lps law), bank indonesia has the authority to hand over banks that cannot be saved to the deposit insurance agency. as an effort to improve the bank supervision system, especially in the context of increasing the effectiveness of bank supervision, bank indonesia applies forward-oriented risk-based bank supervision. 11 the concept of regulation and supervision of the authority of bank indonesia and the financial services authority (ojk) the existence of bank indonesia, both in terms of its position, functions and duties, authority, has been regulated in the provisions of the bank indonesia law. in this study, the author examines specifically the articles governing the duties and authority of bank indonesia which has now been transferred to the financial services authority (ojk). these articles authorize bank indonesia officials to have the authority to take policy on matters in the banking sector, the scope of regulation and supervision of macro prudential, namely regulation and supervision other than what is stipulated in article 7 of the ojk law, is the duty and authority of bank indonesia . macroprudential regulation and supervision is the task of banking regulation, by developing macro-prudential analysis methods which will later be used to evaluate the soundness, strengths and weaknesses of the financial system in indonesia, and be published in periodic financial stability studies to the public about the impact on the financial system in the event of a crisis. the task of banking regulation is not fully carried out independently by the financial services authority, because the banking task and supervision arrangements both microprudential and macroprudential are interrelated. the financial services authority only helps bank indonesia to make moral appeals (moral suasion) to banks. bank indonesia policy as part 11 gde made swardhana, ibid, hlm. 3. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 of the financial system and payment system of the state of indonesia has an important role in controlling and maintaining the balance of the national banking system. article 6 of ojk law states that the financial services authority carries out the regulatory and supervisory duties of: a. financial service activities in banking sector; b. financial service activities in capital market sector; and c. financial services activities in the insurance sector, pension funds, financial institutions, and other financial services institutions. article 7 of the ojk law states the task of regulation and supervision in the banking sector as referred to in article 6 letter a of the ojk law, the authority is: a. regulations and supervision of bank institutions which include: 1. permits for the establishment of banks, opening bank offices, articles of association, work plans, ownership, management, and human resources, mergers, consolidations, and acquisition of banks, and revocation of bank business licenses; and 2. bank business activities, including: sources of funds, provision of funds, hybrid products, and activities in the service sector. b. regulations and supervision regarding bank health including: 1. liquidity, profitability, solvency, asset quality, minimum capital adequacy ratio, the maximum lending limit, the ratio of loans to deposits, and bank reserves; 2. bank statements related to bank health and performance; 3. debtor information system; 4. credit testing; and 5. bank accounting standards. c. regulations and supervision regarding bank prudential aspects, including: 1. risk management; 2. bank governance; 3. the principle of getting to know customers and anti money laundering; and 4. prevention of financing terrorism and banking crime. the function of the ojk as a regulator is the implementation of an integrated regulation and supervision system for all activities in the financial sector. based on that, all financial yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 service activities carried out by financial institutions are subject to the financial services authority regulatory and supervision system, such as the banking sector, capital market, insurance, pension funds. d. bank inspection. elucidation of article 7 of the ojk law determines the regulation and supervision of institutional, health, prudential aspects and bank checks is the scope of microprudential regulation and supervision which becomes the task and authority of the financial services authority. 12 bank indonesia carries out the task of regulating and supervising banks on a macroprudential basis, for example related to monetary policy and handling of banks that are in critical condition. the financial services authority as a supervisory institution is an independent institution outside the government (not under the government). supervision is needed because of the potential for moral hazard. therefore, the financial services authority only helps bank indonesia to carry out moral appeals to banks. as a central bank, bank indonesia has the highest position in the structure of the banking system. therefore, it can serve financing needs and launch a payment system mechanism for all sectors of the economy, and can provide guidance to create a healthy monetary system that has an orientation to development activities. the establishment of the financial services authority is mandated by article 34 of the bank indonesia law, where there is a division of tasks in carrying out banking supervision, namely the task of supervising banks carried out by the financial services authority. the tasks assigned by the act to bank indonesia cannot be released in relation to the objectives of bank indonesia. the bank indonesia act stipulates the objective of bank indonesia to achieve and maintain the stability of the rupiah value. the stability of the value of the rupiah is very important to support sustainable economic development, which in the end is to improve people's welfare. the stability of the rupiah's value is the stability of the rupiah's value of goods and services, and the stability of the rupiah's exchange rate. the stability of the exchange rate is measured by the development of the 12 mariam darus badrulzaman, perjanjian kredit bank, alumni, bandung: 1983, hlm. 58. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 27 rupiah exchange rate against other countries' currencies. the exchange rate is not entirely dependent on economic conditions13 political and social issues also have a strong influence on the stability of the rupiah exchange rate against other countries' currencies. the duties and functions of bank indonesia that are directly related to banking are the function of the lender of last resort, as formulated in article 11 of the bank indonesia law. bank indonesia has the authority to provide loans or payments based on sharia principles, to help with the short-term funding difficulties that are being faced by banks. the assistance was given because of the mismatch between inflows and outflows, namely that the inflow of funds is smaller than the outflows. provisions concerning the granting of loans or financing based on sharia principles are carried out by bank indonesia based on the following: 1. bank experiences a mismacht either because of credit risk, financing risk based on sharia principles, management risk or market risk; 2. bank has high-quality collateral that is easily liquidated; 3. given no more than ninety days (calendar days). the time period is "maximum" and it includes an extension; 4. if bank is unable to pay off when due, bank indonesia has the right to disburse the collateral; 5. ddetermination of certain interest rates by bank indonesia, among others, in the context of credit from bank indonesia and in the implementation of the lender of las resort function. according to article 6 of the ojk law, this carries out the regulatory and supervisory duties of: a. financial service activities in banking sector; b. financial service activities in capital market sector; and c. financial services activities in insurance sector, pension funds, banking institutions, and other financial service institutions. furthermore, these authorities have been exercised by the financial services authority in article 7 of the task of regulating and supervising banks. this also refers to the federal reserve. 13 mariam darus badrulzaman (et.al.), kompilasi hukum perikatan, citra aditya bakti bandung: 2010, hlm. 106. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 28 the authorities of bank indonesia in accordance with article 1 number 8, article 25, article 26 of the bank indonesia law have been switched to the financial services authority, as stipulated in article 7 letters a, b, paragraph (1), namely carrying out regulatory and supervisory duties in the banking sector as referred to in article 6 letter a. the financial services authority has the authority: a. regulations and supervision of bank institutions which include: 1. licensing for the establishment of banks, opening bank offices, articles of association, work plans, ownership, management and human resources, mergers, consolidations and acquisitions of banks, and revocation of bank business licenses; and 2. bank business activities, including sources of funds, provision of funds, hybrid products, and activities in the field of services, b. regulation and supervision of bank health including: 1. liquidity, profitability, solvency, asset quality, minimum capital adequacy ratio, maximum lending limit, the ratio of loans to deposits, and bank reserves; 2. bank statements related to bank health and performance; 3. debtor information system; 4. credit testing; and 5. bank accounting standards. bank indonesia as the central bank places all banks in an organizational structure where bank indonesia as the central bank is the highest shoot. in indonesia, the issue of banking supervision has received very sharp attention because of the banking crisis that affected the century bank bail out. in the regulation and supervision of banks both nationally and internationally must be in accordance with the basic principles of good international regulators such as the basel core principles issued by the basel committee on banking supervision, which is realized in the form of good operational standards, with good corporate governance and management risk14. the precautionary principle in the banking sector needs to be regulated in a regulation to be in accordance with the basel core principles. thus the basel core principles include 25 (two five) principles, namely: the first principle of effective banking supervision, the second principle of permitted activities, the third principle of licensing authority must have criteria, the 4th principle and the 5 principles regarding the transfer of shares, principles 6 14 mariam darus badrulzaman (et.al.), kompilasi hukum perikatan, citra aditya bakti bandung: 2010, hlm. 106. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 29 through 15, the important role of regulation and supervision, the 16th principle of direct supervision and indirect supervision, the 17th principle of bank supervision that must have a regular contract with bank management and a thorough understanding of operations banks, the 18th principle of bank supervision must have the tools to carry out data analysis and reports, the 19th principle of supervision that has independence, the 20th principle is the ability to supervise bank business groups on a consolidated basis, the 21st principle all banks are required to have a complete and accurate recording system, the 22nd principle of supervision is required through adequate measuring tools and is able to make improvements s as well as taking action on rules and cooperation on international supervision, the 23rd principle applies the practice of consolidating supervision, the 24th principle is conducting cooperation between supervision and the 25th principle applies the same standard between local banks and foreign banks. based on the principles in the basel core principle, the role of bank indonesia and the financial services authority is very important to perform its obligations before the bank is established until the bank is able to operate. article 34 paragraph (1) of the bi law states that the task of supervising banks will be carried out by an independent financial services sector supervisory agency formed by law. since the enactment of the ojk law, the regulation and supervision of financial institutions has become the authority of the ojk in accordance with article 5 of the ojk law. this ojk law makes all the regulatory and supervisory functions of the financial sector which were previously at bank indonesia integrated into the financial services authority. the ojk law regulates the distribution of authority in supervisory tasks, especially in the banking sector between the financial services authority and bank indonesia, because bank indonesia has the task of establishing and implementing monetary policy that is closely related to the task of banking regulation and supervision (macro prudential, in accordance with article 40 of the ojk law) . monetary policy in question is a policy to achieve and maintain stability of the rupiah value carried out by controlling the money supply and interest rates (yustianti & roesli, 2018). even though the ojk law was formed, the existence of bank indonesia still has a close relationship with the financial services authority. this is in accordance with article 37 paragraph (2) of the ojk law which determines that the financial services authority yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 and bank indonesia can coordinate and cooperate in joint supervision of financial service activities in the banking sector. regarding coordination with bank indonesia above in the provisions of article 39 of the ojk law, the financial services authority coordinates with bank indonesia in making banking supervision regulations including obligations to meet the minimum capital requirements of banks, integrated banking information systems, policies for receiving funds from abroad, revenue foreign exchange funds, and foreign commercial loans, banking products, derivative transactions, other bank business activities, determinants of bank terms that are categorized as systemically important banks and other excluded data and provisions regarding confidentiality of information. the relationship between bank indonesia and ojk can be seen in article 40 of the ojk law which states that bank indonesia and ojk can conduct a direct inspection of banks by giving written notification to the financial services authority if bank indonesia cannot provide an assessment of a bank. the results of the inspection report were submitted to the financial services authority, the financial services authority then informed the deposit insurance agency of the problem banks that were in the health effort by the financial services authority. if the bank experiences liquidity problems or its health condition worsens, the financial services authority immediately informs bank indonesia to take steps in accordance with the authority of bank indonesia (article 41 of the ojk law). the financial services authority, bank indonesia, and the indonesian deposit insurance corporation must develop and maintain an integrated means of information exchange (article 43 of ojk law). recalling the main functions of banking above, the efforts that should be made are not only to improve the quality of banks relating to management issues, professional arrangements and adequate supervision, but also guidance and especially capital support from bank indonesia, which acts as the central bank. coordination between regulation and supervision, banking authority, monetary authority and fiscal authority strengthen the finances that require a healthy banking system. several countries have also held authorities in the field of financial services between australia and apra since 1998, canada with ocfi and japan with fsc. the fsc was formed to carry out independent oversight of the institutions of financial institutions led by yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 the prime minister and the fss. the operational activities of financial institution supervision are under the authority of fcs and sfc supervision. the concept of these countries becomes a reference for the birth of the financial services authority in indonesia which is an independent supervision system in indonesia. the establishment of the ojk in indonesia was motivated by the experience of the crisis that occurred in 1997-1998, the blbi fund case and the century bank case, which until now there has been no clear solution. article 8 of the bank indonesia law stipulates that one of the tasks of bank indonesia is to regulate and supervise banks, and article 34 paragraph (1) of the bank indonesia law states that the task of supervising banks will be carried out by an independent financial services sector supervisory agency formed by the law . since the enactment of the ojk law on november 22, 2011, the regulation and supervision of financial institutions has become the authority of the financial services authority in accordance with article 5 of the ojk law. with this article, all regulatory and supervisory functions of the financial sector that were previously at bank indonesia were integrated into the financial services authority. the establishment of the financial services authority aims to protect the interests of the community that owns the funds and to maintain the continuity of the bank's business as a trust and as an intermediary institution. although the ojk law has been established, the existence of bank indonesia still has a close relationship with the financial services authority. in accordance with article 1 number 10, bank indonesia monetary stability is a policy to achieve and maintain the stability of the value of the rupiah which is carried out among others through controlling the money supply or interest rates. in order to avoid a conflict between bank indonesia and the financial services authority in conducting supervision of banks, it is necessary to clarify the distribution of authority and coordination between bank indonesia and the financial services authority in banking supervision. therefore, it is necessary to immediately revise the bank indonesia law. with the enactment of law number 9 year 2016 concerning prevention and handling of bank problems in the financial system crisis, article 37 a of law no. 10 of 1998 concerning amendments to law no.7 of 1992 concerning banking and article 11 paragraph (4) and (5) act number 23 of 1999 concerning bank indonesia and articles 44 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 46 and article 69 paragraph (3) of act no. 21 of 2011 concerning the financial services authority (ojk) is declared invalid. therefore, if a bank fails or fails, ojk and bi coordinate to set the bank in a systemic state (due to the size of assets, capital, liabilities, transaction network area for banking services) which results in partial or total failure to other banks or the financial services sector. conclusions the banking control and supervision duties are carried out between bank indonesia together with the financial services authority. bank indonesia is currently implementing bank supervision on a consolidated basis, therefore integration of financial services supervision will strengthen monetary policy and strengthen financial system stability in indonesia. the establishment of the financial services authority will have an impact on changes in carrying out its duties and authorities in the banking sector which must be carried out optimally. although the task of regulating and supervising banks has shifted from bank indonesia to the financial services authority, bank indonesia still has the authority and access to data and information from banks. suggestion with the establishment of a banking regulation and supervision system by the financial services authority, there must be clear guidelines for the precautionary principle of the financial services authority so that there is no risk to the stability of the banking system, given that the precautionary principle must be interpreted as a means to prevent systemic impacts, and moral hazard, because the financial services authority as a new institution has no experience such as bank indonesia. the existence of the financial services authority requires a lot of costs, to increase human resources, considering that institutions outside bank indonesia come from the state budget, due to limited costs that can disrupt the banking supervision system while bank indonesia, whose budget comes from its own funds. banking supervision will not be hindered by budget constraints. references arief, barda nawawi,( 2008). kebijakan hukum pidana, perkembangan penyusunan konsep kuhp baru, kencana persada muda grup, jakarta. fachruddin, irfan. (2004). pengawasan peradan administrasi terhadap tindak pemerintah, alumni, bandung. mariam, badrulzaman, d.,(1983). perjanjian kredit bank, alumni, bandung. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 mariam, badrulzaman, d., (et.al.),(2010). kompilasi hukum perikatan, citra aditya bakti bandung. djuhana, muhammad. (1996). hukum perbankan di indonesia, cita aditya bhakti, bandung. islamy, m. irfan. (2003). prinsip-prinsip perumusan kebijaksanaan negara, bumi aksara, jakarta. lubis, m. solly. (2007). kebijakan publik, mandar maju, bandung. soedarto. (1981). hukum dan hukum pidana , alumni, bandung. soedarto.(2006). kapita selekta hukum pidana, alumni bandung. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. zulfi dan zaini.(2012). independensi bank indonesia dan penyelesaian bank bermasalah, keni media, bandung. undang-undang nomor 10 tahun 1998 tentang perubahan atas undang undang nomor 7 tahun 1992 tentang perbankan. undang-undang nomor 3 tahun 2004 tentang perubahan atas undang-undang nomor 23 tahun 1999 tentang bank indonesia. undang-undang nomor 9 tahun 2016 tentang pencegahan dan penanganan permasalahan bank dalam krisis sistem keuangan . vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 511 issn print 2086-6852 and issn online 2598-5892 ptsl program in the context of conflict prevention and land disputes hascaria budi prasetyo faculty of law, mayjen sungkono university mojokerto, indonesia * corresponding author e-mail: ascariabudiprasetyo89@gmail.com article history: received: december 12, 2022; accepted: march 27, 2023 abstract that the status of land ownership in indonesia is still not completely registered, for example customary landin a few territories in indonesia are still not registered, so in order to obtain proof of land ownership, parties who control customary property rights must submit an application for land registrationfirst time through the local land office. often, in several cases, customary land cannot be registered due to various reasons, such as a lack of information or the unavailability of a fee to register the land. customary land that has not been registered will result in the vulnerability of land disputes or conflictsin later days, and this is anticipated by establishing a complete systematic land registration procedure by the government through the ministry of agrarian affairs and spatial planning with the apbn/apbd budget. the purpose of this legal research is nothing elseis as a means of adding knowledge in the field of law which is expected to be of benefit to practitioners and the public. methods this legal research uses a normative juridical research method which is carried out by examining literature or secondary data using a conceptual, statutory and case approach. the results of this study are that ptsl can be a solution for the government in completing the programcertification all plots of land that exist on indonesian soil and can prevent and know which land p lots will have the potential for conflict, the benefits of ptsl can also reduce the potential for misconduct by village officials in providing land history documents or proof of physical ownership of customary land. that ptsl has a series of procedures that are passed by involving the village to get maximum results in issuingcertificate which is the spearhead of the ptsl activities. the series of ptsl procedures, namely planning, location determination, preparation, formation and determination of the ptsl adjudication committee and task force, counseling, collection of physical data and collection of juridical data, research on juridical data to prove rights, announcement of physical data and juridical data and their ratification, confirmation of conversion, recognition of rights and grant of rights, bookkeeping of rights, issuance of certificates of land rights, documentation and submission of activity results and reporting. keywords: ptsl, rpjmn,certificate, land 1. introduction national development is the effort of all components of the nation in order to achieve the goal of forming the unitary state of the republic of indonesia (nkri). the preamble of the 1945 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 512 issn print 2086-6852 and issn online 2598-5892 constitution of the republic of indonesia mandates the direction of the national goals of the establishment of the unitary state of the republic of indonesia (nkri), namely to protect the entire nation and all of indonesia's bloodshed, promote general welfare,educate national life, and participate in carrying out world order based on freedom, eternal peace, and social justice. the achievement of this goal is carried out in stages and planned in long-term, medium-term and annual stages. that as we know the president and the vice president have a vision and mission, action program for the 2005-2025 national long term development plan. the basic principles of trisakti are the basis as well as the direction of change based on the constitutional mandate and become a conscious choice in developing the vitality of the indonesian nation, rejecting dependence and discrimination, as well as being open and equal in building productive cooperation at the international level (medaline et al., 2021). sovereignty is the essence of independence, namely the right of every nation to determine its own destiny and determine what is best for the nation itself. therefore, development, as an effort to realize sovereignty as an independent country, is an effort to build independence. however, the independence in question is not independence in isolation, but is based on awareness of the existence of conditions of interdependence in social life, both in social life, both within a country and between nations. such independence is an understanding that is proactive and not reactive or defensive. the independence of a nation is reflected, among other things, in the availability of quality human resources capable of meeting the demands of its development needs and progress; independence of government apparatus and law enforcement apparatus inrun his job. development in the context of achieving national goals, the indonesian nation is faced with three main national problems, namely the decline in state authority, the weakening of the foundations of the national economy, and the spread of intolerance and a crisis of national identity. whereas according to the president, land issues began with unclear land ownership, no customary property rightsconverted, and overlapping land ownership, land mafia, and many other land issues. to address the strategic issue of legal certainty of land ownership rights and to support the policy directions to be carried out, the 2015-2019 land sector target is to enlarge the coverage of the land base map to cover 60 percent of the non-forest national land area (national territory), enlarge the coverage of land parcelscertified to cover 70 percent of the national territory, carry out delimitation of forest areas on a scale of 1:5,000 and integrate them with the land registration system at the national land agency for a length of 189,056.6 km, and carry out socialization of customary/ulayat land laws in 34 provinces and 539 regencies/regencies city. to support the achievement of these development goals, the activitiesquick wins for 2015 is the availability of additional high-resolution upright images covering an area of 17 million ha at the end of 2015 to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 513 issn print 2086-6852 and issn online 2598-5892 support the preparation of land base maps, socialization of customary/ulayat land laws and regulations in 15 provinces and 155 districts/cities in 2015. in an effort to increase legal certainty of rights land ownership, it has been identified that the fundamental problem is that the current land registration system is a negative publicity system with the state not guaranteeing the correctness of the information contained incertificate. so it is necessary to change the policy of land registration system by establishing a positive publication land registration system known as positive stelsel land registration, which means that the state guarantees the correctness of the information contained incertificate issued land, which in turn if there is a lawsuit then the injured party will get compensation from the state. the strategy pursued through increasing quality and quantitygeoreferencers through the provision of land base maps, expedite completioncertification land, increasing the certainty of forest and non-forest boundaries, increasing the ability of regional governments to carry out their roles in drafting regional regulations related to customary/ulayat land settlements (budiman, 2020). that to speed up the completioncertification land registration activities must be carried out by the government as stipulated in government regulation number 24 of 1997 concerning land registration jo. government regulation number 18 of 2021 concerning management rights, land rights, flats units, and land registration. based on government regulation number 24 of 1997 concerning land registration jo. government regulation number 18 of 2021 concerning management rights, land rights, flats units, and land registration states that "land registration is a series of activities carried out by the government continuously, continuously and regularly, including collection, processing, bookkeeping, and presentation of as well as maintenance of physical data and juridical data, in the form of maps and lists, regarding land parcels andunit unit flats, including the issuance of certificates of proof of title for land parcels that already have rights and ownership rights to flats units as well as certain rights that burden them. land registration aims to provide legal certainty and protection to rights holders over a plot of land, apartment units, and other registered rights so that they can easily prove themselves as the holder of the relevant rights to provide information to interested parties, including the government should easily be able to obtain the necessary data in carrying out legal actions regarding parcels of land and apartment units that have been registered for the implementation of orderly land administration (roesli et al., 2017). whereas the activity of mass land registration by the government or what may be called complete systematic land registration, hereinafter abbreviated as ptsl, is the activity of land registration for the first time carried out simultaneously for all objects of land registration throughout the territory of the republic of indonesia in one village/kelurahan area or other name. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 514 issn print 2086-6852 and issn online 2598-5892 equivalent to that, which includes the collection of physical data and juridical data regarding one or several objects of land registration for the purpose of registration. reporting from the cash media thatatr/bpn minister hadi tjahjanto, stated that the total realization of ptsl reached 74.8 percent or around 94 million land from 126 million land parcels throughout indonesia, and did not rule out the possibility that until now the number continues to increase nationally. that this legal research is a legal research that will describe the ptsl program and its impact on preventing disputes and conflictsin later day, that researchers are very interested in ptsl which has been carried out by the government and is the basis for the title of this research namely complete systematic registration program as a government effort in preventing conflict and disputes in the land sector. 2. research methods this legal research uses the type of normative legal research, namely research that is able to provide a systematic explanation by emphasizing the regulations governing legal categories in order to analyze the linkages or relationships between regulations/regulations (peter mahmud marzuki, legal research: 2011). the approach used in writing this law is an approach based on legislation, a conceptual approach, and a case approach. the compiler through this legal approach seeks a legal ratio in the formation of land registration regulations. the purpose of studying the legal ratio and ontological basis of a law is so that the compiler is able to capture the philosophical content behind the law, then the compiler can conclude whether there is philosophical clash between the law and the issues at hand. in this study, where the author uses various rules or sources of legal materials, namely: 1. primary legal materials the primary legal materials used as references in this legal research refer to: 1. law number 5 of 1960 concerning basic agrarian regulations (state gazette of the republic of indonesia of 1960 number 104, supplement to state gazette of the republic of indonesia number 2043); 2. government regulation number 24 of 1997 concerning land registration (state gazette of the republic of indonesia of 1997 number 59, supplement to the state gazette of the republic of indonesia number 3696); 7. government regulation number 128 of 2015 concerning types and tariffs for non-tax state revenues applicable to the ministry of agrarian affairs and spatial planning/national land agency (state gazette of the republic of indonesia of 2015 number 351, supplement to state gazette of the republic of indonesia number 5804); http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 515 issn print 2086-6852 and issn online 2598-5892 3. presidential regulation number 17 of 2015 concerning the ministry of agrarian affairs and spatial planning (state gazette of the republic of indonesia of 2015 number 18); 4. presidential regulation number 20 of 2015 concerning the national land agency (state gazette of the republic of indonesia of 2015 number 21); 5. presidential instruction number 2 of 2018 concerning the acceleration of complete systematic land registration throughout the territory of the republic of indonesia; 6. regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration 7. laws and regulations related to the theme of this legal research 2. secondary legal materials secondary legal material in legal research consists of covering scientific books in the field of law, papers, scientific journals and scientific articles. 3. the formulation of the problem to be discussed in this paper can be formulated as follows, namely: a. ratio legis formation of legal rules for complete systematic land registration as a measure to prevent land disputes b. complete systematic land registration procedures and implementation as an effort to guarantee legal certainty in land parcels 3. results and discussion ratio legis formation of complete systematic land registration law as a means to prevent land disputes land is a gift from god almighty which is very important for human life. as a source of welfare, prosperity and life, and its management is the responsibility of the state as mandated in article 33 paragraph (3) of the 1945 constitution that: "earth and water and the natural resources contained therein are controlled by the state and used for the maximum the great prosperity of the people", which in turn became the basis for regulation in law number 5 of 1960 concerning basic agrarian regulations and redefined in government regulation number 24 of 1997 concerning land registration jo. government regulation number 18 of 2021 concerning management rights, land rights, flats units, and land registration. article 33 paragraph (3) of the 1945 constitution of the republic of indonesia as the main foundation for national development in the land sector, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 516 issn print 2086-6852 and issn online 2598-5892 which states that; “earth, water and the wealth contained therein are controlled by the state and used for the maximum benefit of the people. on the basis of the above, it can be concluded that land is one of the rights of the state, in which the state is obliged to use it in the context of national development with the aim of people's prosperity and welfare. the indonesian state has guaranteed the rights of its people as a democratic country based on pancasila and the 1945 constitution, and upholds human rights and guarantees that all citizens have the same position before law and government without exception (boedi harsono, 2008). the implementation of article 33 paragraph (3) of the 1945 constitution of the republic of indonesia resulted in law number 5 of 1960 concerning the basic agrarian regulations or known as the basic agrarian law (hereinafter abbreviated as uupa). the basic agrarian law has been prepared based on eight basic principles as explained in the general explanation of the uupa including the principle of nationality, the principle of the right to control the state anddeletion domain statement, the principle of recognition of customary rights and the basis of recognition of customary law as the basis of national agrarian law, the principle of the social function of land rights, the principle that only indonesian citizens can own property rights, the principle of equality of men and women, the principle of agrarian reform and land reform, the principle of land planning (muhammad ilham arisaputra, 2015). the drafting of the loga was carried out to standardize existing land laws in indonesia, because prior to the promulgation of the loga, there was a dualism of land regulations in indonesia. providing guarantees of legal certainty regarding land rights for all indonesian people, which is one of the objectivespromulgated uupa can be realized through two efforts, namely the availability of written, complete and clear legal instruments that are implemented consistently in accordance with the spirit and provisions, the implementation of land registration which allows holders of land rights to easily prove the rights to the land they control, and for interested parties, such as potential buyers and potential creditors, to obtain the necessary information regarding the land that is the object of the legal action to be carried out, as well as for the government to implement land policies (urip santoso, 2010). that the guarantee of legal certainty against the lawagraria as in the basic agrarian law (uupa) number 5 of 1960 provides recognition of the existence of customary land law and customary law communities as the highest law in the agrarian law system nationally. with the recognition of customary rights in the basic agrarian law (uupa), customary rights to land are equalized in binding power with legal rights.civil and other laws. this alignment shows that customary land ownership rights have power and authority that cannot be ignored. right (right) is the power (power) and authority (authority) based on law (law). rights are claims that can be filed http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 517 issn print 2086-6852 and issn online 2598-5892 by someone against another person up to the limits of the implementation of these rights. all laws expect rights and vice versa, all rights obey the laws in force. frans magnis suseno argues that "authority and rights cannot be equated. the two terms can only be compared, because the scope of the law that governs them differs. individual rights are within the scope of private law, while state authority is within the scope of public law. authority relating to authority, authority relating to power (power) and strength (force). such authority is legal if it is exercised according to law. this authority is exclusively owned by the state, so that it has the right to demand obedience (deontis authority) (franz magnis suseno, 2001) . furthermore, according to hugo grotius in pound, all objects were originally objects that had no owner, but humans in society divided all objects on the basis of agreement. objects that were not divided in this way were then found by individuals and made into their respective possessions. the object is subject to individual mastery. one full power to determine the use of objects (power of disposition) isdedicated from masteryindividual it, as something contained in it according to logic and this shared power becomes the basis for obtaining it from other people. mastery of an owner, to be perfect includes not only the power to give inter vivos but also the power to bequeath it (pound roscoe, 1972). in principle, customary property rights already exist and are attached to customary law communities spread throughout indonesia and are enforced from generation to generation. in customary land law property rights are in principle different from eigendom rights/possess which is subject to western law, which is the ownership or property of a person against land or other objects.robin van niel declared property rights'possess’ on land focused on patterns of control (position) and ownership (ownership) while individual ownership of customary land is a utilization that gets a certain reward. the location of the difference between western and customary property rights is that customary property rights originate from customary law communities and are granted by indigenous peoples, while eigendom originates from private ownership and private mastery. property rights in the concept of customary law, especially land law, are divided into customary community property rights and individual property rights (bushar muhammad, 2006). according to wignjodipuro, customary law communities (legal partnerships) are units that have an orderly and eternal structure and have their own administrators and their own wealth, both material wealth and immaterial wealth. property rights are material and immaterial wealth of a legal association that is religious-magical in nature which causes the position and ownership of an object not only to be related to the owner but to the ancestral spirits. so in the concept of customary property rights, land ownership rights by individuals are part of the legal community property rights, as long as someone is a member of the legal community, then people still have land http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 518 issn print 2086-6852 and issn online 2598-5892 rights. this is a fundamental difference from ownership according to western law, namely private ownership or privacy which has nothing to do with the interests of society or the public interest. whereas according to customary law there are three types of ownership rights, namely individual ownership, family ownership and village or tribal ownership. customary law communities adhere to a system of joint ownership and control by one or more clans, from a family group originating from one eye of the house and can also provide it to residents in the form of ownership rights and usage rights which are individual rights. right of ownership of the intended landhere given to a person or a family who continuously controls and uses the land for gardening and building houses or in other words managing the village to divide the land among its residents for agricultural and settlement purposes which can be passed on to the next generation (yubaidi, 2020). that basically all land on the mainland of the republic of indonesia must be registered as evidenced bycertificate, not all former customary lands are registered due to the lack of education about land registration and the costs incurred are not small. to get around this, the government created the ptsl program, the definition of systematic land registration in government regulation no. 24 of 1997 is the activity of land registration for the first time which is carried out simultaneously which includes all land registration objects that have not been registered in an area or part of the territory of a village/kelurahan. regarding the definition of complete systematic land registration in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration, hereinafter abbreviated as ptsl, is a land registration activity for the first time which is carried out simultaneously for all land registration objects in the entire territory of the republic of indonesia in one village/kelurahan area or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration.government launched a land registration acceleration program through registrationland systematically until 2025. that ptsl is a government activity that is monitored and instructed by the president through the presidential instruction of the republicindonesia number 2 of 2018 concerning the acceleration of complete systematic land registration throughout the territory of the republic of indonesia. that through the ptsl program implemented in a village/kelurahan there are benefits that are felt directly such as the mapping of land tenure physically and juridically which previously was only mapped with kretek or krawangan village maps, sometimes in practice there are obstacles such as overlapping plots of land thatmust resolved. the ptsl program is a government breakthrough to reduce land disputes that always arise in the midst of society (aditya et al., 2020). land disputes do not occur http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 519 issn print 2086-6852 and issn online 2598-5892 just because of overlap. according to rusmadi murad, there are several types of land dispute problems, namely: a. issues or issues related to priorities to be able to be applied as legal rights holders to land with title status, or to land where there are no rights b. objection to a basis of rights/evidence of acquisition used as a basisgift rights (civil) c. confusion or errors in granting rights due to the application of regulations that are lacking or incorrect d. disputes or other problems that contain practical/strategic social aspects (rusmadi murad, 1999) legal regulations regarding land disputes have been regulated in the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 21 of 2020 concerning handling and settlement of land cases. the definition of a land dispute is a land dispute between individuals, legal entities, or institutions that do not have a broad impact (yubaidi, 2020). in contrast to the definition of land conflict is a land dispute between peopleindividual, groups, groups, organizations, legal entities, or institutions that have a tendency or have had a broad impact. whereas in this regulation cases that are categorized as disputes and conflicts are classified into 3 (three) classifications, namely serious cases which are cases that involve many parties, have complex legal dimensions, and/or have the potential to cause social, economic, political and security upheavals, moderate cases are casebetween the parties whose legal and/or administrative dimensions are clear enough that if settlement is determined through a legal and administrative approach it will not cause social, economic, political and security upheavals, and minor cases are cases of complaints or requests for instructions of a technical-administrative nature and their resolution is sufficient with a settlement instruction letter to complainant or applicant. that it is hoped that with the presence of ptsl land parcels that havecertified achieve the targets according to the rpjmn and the land parcels that have been issued have full and strong power and can reduce land disputes in an area (maulana et al., 2022). procedure and implementation of complete systematic land registration as an effort to guarantee legal certainty in the land sector ptsl activities are carried out by the minister of agrarian and spatial planning/head of the national land agency in accordance with the main tasks of the ministry of agrarian and spatial planning/bpn and the rpjmn until 2025. ptsl activities will produce output which is divided intocluster namely cluster 1 (one), namely land parcels that meet the requirements for issuancecertificate, cluster 2 (two) namely land parcels which are only recorded in the bookland because they have not met the requirements to issue a certificate due to the fact that the land parcel http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 520 issn print 2086-6852 and issn online 2598-5892 is in a state of dispute ormatter in the court,cluster 3 (three) namely land parcels which are only registered in the land register because they do not meet the requirements for issuing certificates due to the subject orthe object do not meet the requirements to be granted land rights in the complete systematic land registration activity or their whereabouts are unknown. in its development, the systematic land registration which was carried out in all villages in the regency area and all sub-districts in urban areas covering all land parcels throughout the territory of the republic of indonesia became a complete systematic land registration (ptsl) policy. this policy has become a national strategic program with the concept of developing new land parcel data and at the same time improving and maintaining the quality of existing registered land parcel data so that all registered land parcels are complete and accurate which provides guarantees of certainty and legal protection of land rights and guarantees of location certainty. and boundaries of land parcels. based on the results of the evaluation of the implementation of complete systematic land registration (ptsl), the measurement and mapping of land parcels that were carried out was not comprehensive in the village/kelurahan areas that had been designated as activity locations, improving the quality of data both for land parcels registered and mapped (kw 1, 2, and 3) as well as uncharted registered land parcels (kw 4, 5 and 6) and unregistered land parcels which have been carried out in a complete systematic manner, grouped in one complete village/kelurahan area. from the results of the implementation of the work still found the following things: ● results of measurement and mapping of ptsl activities are still sporadic; ● the data on the measurement results for land plots that have not been registered are still found to overlap (overlap) with mapped land parcel data; ● between plots of land registered and mapped (kw 1, 2, 3) there is still overlap (overlap); ● land parcels registered on the map do not match the actual conditions on the ground; and ● there are obstacles in the implementation of k4 land area mapping (kw 4, 5, 6) based on the findings of the problems mentioned above, it is known that the causes include the unavailability of a comprehensive registration base map and not equipped with a photo mapnor georeferenced high resolution satellite imagery (csrt). with the development of photogrammetric mapping technology using unmanned aerial vehicles (puna/uav) which is developing quite rapidly, the latest technology is now equipped with a positioning system in the form ofglobal navigation satellite system post processing kinematic (gnss-ppk) – where to get an orthophoto can reduce the need forground control point (gcp) as the dot bond. the results of the trials conducted showed differences in the coordinates measured using gnssreal time kinematic (rtk) and coordinates of orthophoto resulting from photogrammetric mapping using http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 521 issn print 2086-6852 and issn online 2598-5892 puna/uav can be carried out relatively quickly and with accurate results, so that nir crew aircraft (puna/uav) with gnss-ppk receivers can be used to make photo maps as a reference/reference in implementation of integrated physical data collection activities. in ptsl activities in 2023 the measurement and mapping of land parcels is carried out in its entirety in village/kelurahan areas that have been designated as activity locations, both for registered land parcels, improving the quality of registered land parcels which have not been mapped, and unregistered land parcels which have not been mapped. carried out in a complete systematic grouping in one complete village/kelurahan area. this activity is prioritized to be carried out in village/kelurahan locations that have never been designated as ptsl locations and the collection of physical data must be carried out based on the photo maps made. whereas the implementation of ptsl as referred to in article 4 paragraph (1) can be carried out through ptsl activities, or a combination of ptsl activities with other programs and/or activities, namely: 1. cross sector certification program; 2. program certification mass self-help community; 3. location determination; 4. program or mass certification activities for land redistributionobject landreform, land consolidation, and transmigration; or 5. programs or other mass certification activities, or a combination of some/all of the activities referred to in letters a through d in accordance with the provisions of laws and regulations. procedures for ptsl activities are carried out by the land office with several stages. the implementation of ptsl activities is carried out in stages: ● planning; ● location determination; ● preparation; ● establishment and determination of the ptsl adjudication committee and task force; ● counseling; ● collection of physical data and collection of juridical data; ● research on juridical data to prove rights; ● announcement of physical data and juridical data and their ratification; ● confirmation of conversion, recognition of rights and grant of rights; ● rights bookkeeping; ● issuance of certificates of land rights; ● documentation and submission of activity results; and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 522 issn print 2086-6852 and issn online 2598-5892 ● reporting. location determination can be carried out in one village/kelurahan area or in stages in one stretch. location determination is carried out with provisions based on the availability of the ptsl budget that has been allocated in the apbn/apbd, pnbp,corporate social responsibility (csr) or other ptsl funding sources, priority is given to village/kelurahan locations where prona/proda activities exist, cross-sectoral, self-supporting mass certificates (sms), csr and/or other mass land registration programs, or based on the availability of legal funds in accordance with provisions of laws and regulations, for 1 (one) village/kelurahan ptsl considers the capability of human resources/ptsl implementing officers at each land office. in the event that the location determined consists of several villages/kelurahan, it is endeavored that the villages/kelurahan which are ptsl objects are located close together and the location determination is accompanied by a map of the location. in article 7 of the regulation of the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia number 6 of 2018 concerning complete systematic land registration, it becomes the authority of the head of the land office to determine the location of ptsl activities in his working area. to support ptsl activities the head of the land office makes preparations for the implementation of ptsl activities by preparing facilities and infrastructure for implementing ptsl activities, human resources, transportation needs, coordination with other government officials and budget allocations. after the location of the ptsl has been determined, the head of the land office prepares a base map for registration in the form of a line map or photo map. in the event that the basic registration map is not yet available, the head of the land office prepares another map which is used as a working map which contains the mapping of land parcels whose rights have been registered. in the event that the registered land parcels have not been mapped or have been mapped but not in their actual position, then the mapping of the land parcels is carried out simultaneously with the systematic mapping of the results of land plot measurements. after the preparatory stages have been carried out, the head of the land office forms and determines the ptsl adjudication committee and the task force as outlined in the form of a decision. before carrying out their duties, the ptsl adjudication committee and the task force must take an oathin front the official appointed him. the ptsl adjudication committee in article 11 paragraph (1) of the provision consists of a chairperson who is also a member, who is held by an employee of the land office, deputy chairperson for the physical field who is also a member, who is held by an employee of the land office who understands land infrastructure matters, deputy chairperson for juridical affairs who is also a member , which is held by an employee of the land office who understands the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 523 issn print 2086-6852 and issn online 2598-5892 affairs of land legal relations, secretary, who is held by an employee of the land office, the local village/kelurahan head or village/kelurahan pamong appointed by him and members of the land office elements, as needed. the ptsl adjudication committee, has duties such as preparing work plans and ptsl activity schedules, collecting physical data and original juridical data documents for all land parcels in the area concerned and providing receipt of documents to the right holders or their proxies, providing assistance with the completeness of proof of ownership requirements. /land tenure in accordance with statutory provisions, checking the formal correctness of physical data and juridical data as evidence of land ownership or control, announcing the physical data and juridical data of land parcels that have been collected, facilitating the settlement of disputes between the parties concerned regarding disputed data, validating the results of announcements as the basis for bookkeeping of rights or proposing the granting of rights and registration of rights, submitting periodic reports and submitting the results of activities to the head of the land office, supervising the implementation and results of the work of the physical task force and juridical task force. duties and powers of the chairperson of the adjudication committee, including: ● lead and be responsible for the entire implementation of the adjudication program; ● coordinate implementation of activities with the land office and related agencies; ● provide direction on the implementation of activities including counseling; ● ratify the minutes of announcement of physical data and juridical data; ● confirming the conversion of land rights; ● sign the stipulation of recognition/affirmation of rights; ● sign the proposed decision on the granting of state land rights on behalf of the head of the land office, sign the land book and certificate; and ● sign the documents for submitting the results of the adjudication committee's activities to the head of the land office. the duties of the physical task force include measuring land parcel boundaries cadastral as outlined in the measurement drawings, upon appointment of the land owner or their proxy, carrying out mapping of land parcels on the registration map and making land plot maps, carrying out procedures and entering data and information relating to the physical data of land parcels on the kkp application, signing the measurement drawings and related documents, in the event that a third party implements the measurement and mapping of land parcels, the licensed cadastral surveyor signs the land parcel map for its production, submits the land parcel map to the chairperson of the ptsl adjudication committee. duties of the juridical task force, including examining documents proving ownership/control of land parcels, examining land histories and withdrawing evidence documentsownership or original land ownership and giving a receipt, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 524 issn print 2086-6852 and issn online 2598-5892 making a list of land areas that have beenin adjudication, make periodic reports on the implementation of work, prepare announcements regarding juridical data, inventory objections/objections and their resolution, prepare data for making checklists and inspectionscertificate and input ptsl activities into the kkp application. the task of the administrative task force is to assist the implementation of the duties of the secretary of the ptsl adjudication committee. activities after the formation of the task force and teamadjudication, members do outreach; by providing at least an explanation regarding the benefits to the community, government and the state for the results of the implementation of ptsl activities, stages and mechanisms of ptsl activities, determination and installation of boundary markings for each land parcel, juridical documents that need to be prepared for a schedule for measuring land parcels and collection of juridical data by physical task force and juridical task force, final results of ptsl activities, financing provided by the government and/or other legitimate sources through ptsl activities, legal consequences that occur if the obligations and responsibilities referred to in letters c and d above are not fulfilled, the right to submit objections to the adjudication results announced during the announcement period and costs and/or taxes that will be borne by ptsl activity participants. counseling is carried out to the community, both those who already have and do not have onecertificate. apart from the community, counseling can also be carried out to local governments, related agencies, law enforcement and/or community leaders. by carrying out counseling, the target will understand the technical implementation of ptsl which is then carried out by the task force to collect physical data and collect juridical data. the collection, processing and maintenance of physical data and juridical data on land rights determination and registration uses checklists, blanks, maps and other lists as well as entries or entries in the kkp application. the head of the land office must ensure the suitability of the data generated from the complete systematic land registration activity with the electronic data in the kkp application. whereas juridical data collection activities must be coordinated with the village/kelurahan government, so that the juridical data of participants in ptsl activities can be collected collectively at a predetermined location for each village/kelurahan. physical data collection is carried out through measurement and mapping of land parcels carried out by the physical task force using survey and mapping technology consisting of terrestrial methods, photogrammetric methods, satellite methods, or a combination of the three methods referred to. in carrying out measurements of land parcels, the physical task force must obtain data or information about each owner or party entitled to their land, at least in the form of a photocopy of ktp/family card/certificate of residence from the competent authority. the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 525 issn print 2086-6852 and issn online 2598-5892 collection of juridical data includes the collection of evidence regarding land ownership or control, both written evidence, witness statements and/or statements concerned, carried out by the juridical task force based on the provisions of laws and regulations. if the data has been collected then the next stepis research on juridical data for proving rights by the ptsl adjudication committee. to implement the principle of publicity, an announcement of physical data and juridical data and their validation is announced using the announcement of physical data and juridical data (di 201b) form for 14 (fourteen) calendar days at the ptsl adjudication committee office and village/kelurahan head office. interested parties are given the opportunity to submit objections regarding the announcement of physical data and juridical data (di 201b) during the announcement period. after the announcement period as referred to in paragraph (2) ends, the physical data and juridical data are ratified by the ptsl adjudication committee which is made in the form of minutes of ratification of the announcement of physical data and juridical data (di 202). list of juridical data and physical data of land sector is made according to the format. if the 14 calendar day period has elapsed, the chairperson of the ptsl adjudication committee confirms the conversion, recognition of rights and granting of rights by confirming the conversion into property rights on behalf of the final right holder. whereas the affirmation of conversion and recognition of rights and determination of decisions on granting of rights are recorded in the book of property rights, building use rights, usufructuary rights and/or waqf in the relevant land book. that in order to record the rights to be granted, a land book is signed first by the head of the adjudication committee on behalf of the head of the land office. whereas property rights, building use rights, usufructuary rights and endowments that have been registered in the land book and meet the requirements to be given proof of rights, a certificate of land rights is issued. juridical data listed incertificate includes restrictions including restrictions on the transfer of rights, restrictions on the use of land regarding the coastline or other restrictions. the signing of the certificate of land rights resulting from the implementation of ptsl activities is carried out by the chairperson of the ptsl adjudication committee for and on behalf of the head of the land office. certificates of land rights are handed over to the right holders or their proxies, and certificates of waqf are handed over to nadzir. to guarantee the archives of ptsl activities the ptsl adjudication committee collects, classifies, processes, and stores ptsl data which includes juridical data documents consisting of the identity of the right holder, the basis of rights, minutes made by the committee, proof of announcement, minutes of approval of physical data and data juridical documents and decrees granting rights, physical data documents such as measurement data and measurement results calculations, measuring drawings, land plot maps, and measurement letters, as well as checklists for land registration and land rights, land books, certificates of land http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 526 issn print 2086-6852 and issn online 2598-5892 rights, administrative evidence financial, other administrative data. whereas the chairperson of the ptsl adjudication committee submitted the results of the implementation of ptsl activities to the head of the land office at the end of the ptsl activity and accompanied by ptsl data made in the form of minutes of handover of ptsl activity results and documents signed by the chairperson of the ptsl adjudication committee and the head of the land office. the results of ptsl activities are stored, documented and archived by the head of the land office. the form, method of storing, presenting and deleting ptsl documents are carried out in accordance with the provisions of laws and regulations. the results of ptsl activities were also conveyed to the one map policy acceleration team to strengthen the one map policy database. the end result of ptsl activities is reporting on the implementation of ptsl activities when problems occur in the implementation of ptsl activities, ptsl has been completed. it is hoped that the series of ptsl activities can become routine activities for the government in implementing legal certainty in land ownership in the republic of indonesia. 4. conclusion that land is a gift from god almighty that is given to humans to be managed, utilized, and can become property. as time goes by, the land whose number does not increase and is not proportional to the number of indonesian citizens has a high economic value, that this can be seen by the high selling price of land which continues to increase every time. with the high value of land, it is possible that there will be disputes between parties to fight over a parcel of land, to get around the prevention of land disputes of course on landcustom doneregistration complete systematic land implemented by the government through the ministry of agrarian affairs and spatial planning/bpn with the state or local regional budget. the ptsl program has been declared by the president in the rpjmn until 2025. ptsl can be a solution for the government in completing the programcertification all plots of land that exist on indonesian soil and can prevent and know which land plots will have the potential for conflict, the benefits of ptsl can also reduce the potential for misconduct by village officials in providing land history documents or proof of physical ownership of customary land. a legal document is a product that has been made by state officials through a series of procedures, thatcertificate produced through the ptsl program are carried out with procedures namely the planning stage, location determination, preparation, formation and determination of the ptsl adjudication committee and task force, counseling, collection of physical data and collection of juridical data, research on juridical data to prove rights, announcement of physical data and juridical data as well as the ratification, confirmation of conversion, recognition of rights and grant http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 527 issn print 2086-6852 and issn online 2598-5892 of rights, bookkeeping of rights, issuance of certificates of land rights, documentation and submission of activity results and reporting. references ali, zainuddin (2016), legal research methods, jakarta: sinar graphic arba (2015), national agrarian law,jakarta: sinar graphics aditya, t., maria-unger, e., vd berg, c., bennett, r., saers, p., lukman syahid, h., erwan, d., wits, t., widjajanti, n., & budi santosa, p. (2020). participatory land administration in indonesia: quality and usability assessment. land, 9(3), 79. budiman, a. (2020). the implementation of the complete systematic land registration (ptsl) program in malang regency land office. jurnal ilmiah administrasi publik, 6(3), 472–478. instruction of the president of the republic of indonesia number 2 of 2018 concerning the acceleration of complete systematic land registration throughout the territory of the republic of indonesia maulana, a., utami, c., & suryana, y. (2022). an implementation review of the program of complete systematic land registration in indonesia. kolaborasi: jurnal administrasi publik, 8(1), 35–52. medaline, o., rafianti, f., & sembiring, r. (2021). mapping community land in north sumatra through the implementation of agrarian reform. forestry, 41, 158–312. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. technical instructions number 3/juknis-hk.02/iii/2023 concerning complete systematic land registration wiryani, fifik (2018),agrarian law: the concept and history of agrarian law from the colonial era to independence,malang:setara press yubaidi, r. s. (2020). the role of land deed official regarding legal certainty of complete systematic land registration. jurnal hukum dan peradilan, 9(1), 27–42. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 improper responsibility of notary candidates randy esa wibowo law faculty of airlangga university e-mail: randyesawibowo@yahoo.com abstract this study uses normative juridical legal researchby examining laws and regulations. one of the requirements to be fulfilled by a notary candidate to be appointed as a notary is to perform an apprenticeship for 24 (twenty four) months at the notary's office, as referred to in article 3 letter f uujn. this research resulted in formulation of problem why notary candidate is required to conduct apprenticeship activities at notary office and notary candidate’s responsibility in improper apprenticeship activities at notary's office. notary candidates are required to conduct internship activities based on 2 (two) points in accordance with laws and regulations governing notary position and to improve the skills of notary candidates. notary candidates who do not perform apprenticeship activities properly in notary office cannot be sanctioned by the uujn because the uujn only regulates the notary position. instead, notary recipient of an internship can be subject to criminal sanctions for counterfeiting a letter in accordance with article 55 paragraph (1) juncto article 263 of the criminal code if it is later proven to issue an internship certificate as one of the requirements to be appointed as a notary which is not in accordance with reality. keywords: responsibilities, notary candidates, internships 1. introduction legal certainty is needed to create justice for the people of indonesia. this need can be in the form of legislation and professional law enforcement officers. the need for law enforcement professionals especially in the field of civil law has an important role in the life of the state. one of law enforcement professionals in the field of civil law is notary. according to the law of the republic of indonesia number 2 of 2014 on amendments to law number 30 of 2004 concerning notary position hereinafter referred to as uujn, article 1 number 1 states that "notary is a general official authorized to make authentic deeds and have other authorities as referred to in this act or based on other laws. thus, a notary is a general official authorized to make authentic deeds regarding all actions, agreements, or provisions required by a general regulation or what the interested parties want to be stated in an authentic deed. the existence of a notary deed in a legal state, especially indonesia, has a crucial function. notary deed as a deed that has perfect verification power makes the position of the notary deed a first and foremost evidence in the law of civil proof, therefore, its existence needs to be regulated so that the power of proof of the notarial deed does not become a bomerang for the parties who create it.1 one of the requirements to be appointed as a notary is an apprenticeship activity for 24 (twenty four) months in notary office as required in article 3 letter f of the uujn, stating 1 mokhamad dafirul fajar rahman.(2014).kewenangan, kewajibannotaris dan calon notaris dalam membuat akta autentik. online journal of law faculty students, brawijaya university. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 "..having undergone an internship or obviously has worked as a notary employee in the shortest time 24 ( twenty-four) consecutive months at the office of the notary on its own initiative or on the recommendation of the notary organization after passing the strata two notary." thus, to become a notary, theoretical abilities obtained during studying in should be followed by work practices, adding experience to balance between science and work practices. the problem arises because there is no similarity among notaries in treating the prospective notary candidate, both in the form of unwritten written and oral regulations. notary candidates conducting apprenticeship are still handed over to the notary recipient of the internship. with the absence of the same rules regarding apprenticeship activities in a notary's office, there are differences regarding notary's treatment of prospective notaries who are apprenticed in their place, for example the obligation of prospective notary at the place of internship, responsibilities, rights, and any knowledge given or how to deal with clients. this can happen because the notary is a profession that works independently which means it is not dependent on the boss or anyone in carrying out their duties and positions. (susilo & roesli, 2018). for example, there is a notary who cooperates with the banking sector; some do not cooperate with banking sector that notary candidates who are undergoing apprenticeship activities are do not evenly receive material or knowledge to be studied. the obligation of a notary candidate who conducts apprenticeship activities is regulated in article 16 a uujn includes: (1) a notary candidate who is conducting an internship must implement the provisions referred to in article 16 paragraph (1) letter a. (2) in addition to the obligations as referred to in paragraph (1), the prospective notary is also obliged to keep everything confidential regarding the deed he made and all information obtained for the making of deed. the obligation of a notary candidate according to article 16 paragraph (1) letter a states "... acting honestly, thoroughly, independently, does not take sides and safeguard the interests of the parties involved in legal actions". the obligation of the notary candidate is clearly regulated in the uujn. however, there is a violation of the obligations in practice carried out by the prospective notary candidate. the notary candidate undertaking apprenticeship activities yet does not fulfill 24 (twenty four) months. notary candidates rarely visit and study in the notary's office but are registered as apprentices in the notary's office and after 24 (twenty four) months obtain an internship certificate which is one of the requirements documents for the appointment of a notary, this can impact their skills in becoming a notary (roesli, heri, & rahayu, 2017). this certainly violates the provisions of article 16 a paragraph (1) of the uujn because the notary candidate in carrying out his obligations is not honest in carrying out apprenticeship activities. uujn does not regulate the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 granting of strict sanctions against notary candidates who cannot carry out his obligations so that there is a legal vacuum2. 2. research method this type of research is a normative research by examining the laws and regulations that apply or are applied to a particular legal problem. normative research is often referred to as doctrinal research, which is research whose object of study is the legislation document and library material3. the type of approach used in this study is statute approach (approach to the law) and concpteual approach4. statue approach (law approach) is legal research by examining all laws and regulations related to legal issues handled. statute approach is performed by studying the laws and regulations related to legal issues that handled. conceptual approach is a legal research approach that departs from the views and doctrines that develop in legal science. this provides ideas of clear legal notions, legal concepts, and legal principles relevant to the issue at hand. 3. finding and discussion 3.1. obligation of internship for notary candidates notaries, as general officials who carry out the profession in providing legal services to the community, need to receive protection and guarantees to achieve legal certainty5. the guarantee of protection and guarantee of the attainment of legal certainty on the implementation of the duties of a notary has been regulated in law number 02 of 2014 concerning amendments to law number 30 of 2014 concerning notary position or hereinafter referred to as uujn. uujn article 1 number 1 states that a notary is a general official authorized to make authentic deeds and have other authority as referred to in this law or based on other laws. according to soegondo notodisoejo, the general officer was someone who was appointed and dismissed by the government and was given the authority and obligation to serve the public in certain matters because he participated in carrying out a power that originated from the authority of the government6. authentic deed, according to article 1868 burgerlijk wetboek or the civil code, hereinafter referred to as bw states, "authentic deed is a deed made in a form determined by the act by or in the presence of an authorized public official". according to article 1 number 7 of the 2 shofy nabila. (2015). implikasi yuridis calon notaris magang yang tidak melaksanakan kewajibannya sebagaimana diatur dalam pasal 16a undang-undang nomor 2 tahun 2014 tentang jabatan notaris. online journal of law faculty students, brawijaya university. 3 soejono dan abdurahman. (2003). metode penelitian hukum, rineka cipta, jakarta, p. 56. 4 peter mahmud marzuki. (2005). penelitian hukum, prenadamedia grup, jakarta, p. 93. 5 i komang suardana.(2014).makna akta yang dibuat oleh calon notaris magang pasal 16 a ayat (2) undang-undang nomor 2 tahun 2014 tentang jabatan notaris. online journal of law faculty students brawijaya university. 6 soegondo notodisoejo. (1993). hukum notariat di indonesia suatu penjelasan, raja grafindopersada, jakarta, p. 44. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 uujn, notarial deed is an authentic deed made by or before a notary, according to the form and procedure stipulated in the uujn. in general, authentic deed is interpreted as a proof document containing statements, acknowledgments, decisions, etc. about legal events that are made according to applicable regulations, witnessed and authorized by official officials. the requirements to be appointed as a notary can be seen in article 3 of the uujn, including: a. indonesian citizens; b. fear god almighty; c. aged at least 27 (twenty seven) years; d. physically and mentally healthy as stated by a health certificate from a doctor and psychiatrist; e. graduated with a law degree and a degree notary degree; f. has undergone an internship or obviously has worked as a notary employee in the shortest time 24 (twenty four) consecutive months at the notary's office or its own initiative or on the recommendation of the notary organization after passing the strata two notary; g. not having the status of a civil servant, a state official, an advocate, or not holding other positions which are legally prohibited from being held concurrently with the position of notary; h. never been sentenced to imprisonment based on a court decision that has obtained permanent legal force because of a criminal offense that is threatened with imprisonment of 5 (five) years or more. from this article it can be concluded that the requirement to become a notary is to study in the notary field and undergo an internship to hone knowledge and skills to become a notary. based on the definition of apprenticeship in law number 13 of 2003 onn manpower, apprenticeship is part of a job training system held in an integrated manner between training in training institutions by working directly under the guidance and supervision of instructors or workers or more workers experienced, in the process of producing goods and or services in the company, in order to master certain skills or expertise. apprenticeship is carried out on the basis of an apprenticeship agreement between the apprentice and the employer or recipient of an apprenticeship made in writing which contains the rights and obligations of the apprentice and the employer or recipient of the internship and the period of apprenticeship. apprenticeship without apprenticeship agreement is considered invalid and the status of the apprentice is changed to a worker or laborer in the place where he is an apprentice. in indonesia, there are several forms of apprenticeship, namely apprenticeship in the context of job training, apprenticeship for academic purposes, and apprenticeship to fulfill the curriculum or requirements of a particular profession. in this case apprenticeship activities carried out by a prospective notary are a type of internship carried out to fulfill the professional requirements. basically, apprenticeship activities are very important to be carried out by notary yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 candidates. as explained, one of the requirements of a notary candidates to be appointed as a notary is to have an internship or obviously has worked as an notary employee within 24 (twenty four) consecutive months at the notary's office on his own initiative or on the recommendation of the organization notary after graduating from strata two notary; and in the elucidation of the article it is affirmed that what is meant by "own initiative" is that the candidate of notary can choose himself in the desired office by still obtaining a recommendation from the notary position organization7. in addition, article 16 paragraph (1) letter n also states that one of the obligations of a notary is to receive a notary candidate internship. the article clearly states that in carrying out his position, a notary must accept a prospective notary internship, meaning that a notary who has practiced may not refuse an internship submitted by a prospective intern notary8. the requirement to follow an apprenticeship other than regulated in article 3 letter f of the uujn is also regulated in other laws and regulations, including: a. article 2 paragraph (1) letter f regulation of the minister of law and human rights number 25 of 2014 on terms and procedure for appointment, transfer, dismissal, and extension of term of office of notaries states that "... have been apprenticed or have obviously worked as a notary employee within a period of at least 24 (twenty four) consecutive months at the notary's office on his own initiative or on the recommendation of the notary organization after passing the stratum two notary." b. carticle 2 paragraph (1) letter f regulation of the minister of law and human rights number 62 year 2016 on amendment to the regulation of the minister of law and human rights number 25 of 2014 on terms and procedure for appointment, transfer, dismissal, and extension of the notary's term of office reads "having undergone an apprenticeship or obviously having worked as a notary employee in the shortest time 24 (twenty four) consecutive months at the notary's office on his own initiative or on the recommendation of the notary organization after passing the second notary degree". c. article 10 paragraph (1) letter c regulation of the minister of law and human rights number 25 of 2017 on notary appointment test states "…has carried out an internship program in a notary office for at least 2 (two) years in the notary's office that has the shortest work period 5 (five) years and have issued at least 100 (one hundred) deeds. 7 habib adjie. (2007). hukum notaris indonesia tafsir tematik terhadap uu no.30 tahun 2004 tentang jabatan notaris, cet. iv, refika aditama, bandung (selanjutnya disingkat habib adjie i), p. 64. 8 subhan rolly sahrial.(2014).efektifitas pasal 16 ayat (1) huruf n undang-undang nomor 2 tahun 2014 tentang jabatan notaris mengenai kewajiban magang guna meningkatkan kompetensi calon notaris (studi kota batu). online journal of law faculty students, brawijaya university. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 d. regulation of the indonesian notary association association number: 06/ perkum /ini / 2017 on internships. the internship requirement for prospective notary is imperative, meaning that it must be taken and there must be proof of it. the proof is in the form of an internship certificate that will be issued by a notary who receives an internship if the notary candidate has taken an apprenticeship activity for 24 (twenty four) months. in addition to legislation, this apprenticeship activity is highly important for notary candidates, to balance the notional knowledge gained in college with notary work practices such as experience, expertise and how to deal with clients. notary candidates undergo internships with the aim of preparing a notary candidate to be able become a professional notary9. 3.2. responsibilities of notary candidates in internship activities a notary candidate is someone who has graduated from a notarial strata two study program and has an internship at a notary's office, of course by first registering his/her identity as an extraordinary member of the notary organization10. after graduating from strata two notaries, notary magister who wants to become a notary is obliged to join the association organization of the indonesian notary association as a unifying forum for all notaries in the territory of indonesia. currently the notary candidates who will perform apprenticeship must register first to become an outside member (alb) of the indonesian notary association (ini) hereinafter referred to as alb ini. alb is every person who has graduated from an education notary registered as a member of the association. currently notary candidate is not only undergoing an internship at the notary office, but is also obliged to take part in a joint apprenticeship program organized by the board of the indonesian notary association. based on the regulation of the indonesian notary association association number: 06/perkum/ ini /2017 on internship article 6 number 1 states that the notary candidate who will take part in the internship must fulfill the following conditions: 1. graduated from secondary notary or postgraduate specialist i education; graduated from prainternship held by the association; 2. extraordinary members of the indonesian notary association; 3. submitting a request for recommendation in writing to the regional management at the notary's place of residence for the internship to be: appoint a certain notary considered eligible to receive an internship, or approve the choice of applicant for an internship at a particular notary office (for notari candidates who perform apprentice on their own initiative); 9 triyanto setyo prabowo.(2017).tanggung jawab calon notaris yang sedang magang terhadap kerahasiaan akta. jurnal repertorium. 4 (2). 70-78 10 rani yuliani.(2018). tanggung jawab hukum calon notaris yang sedang magang terhadap kerahasiaan akta. jatiswara law journal. 33(2) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 1. state the ability to comply with the laws and regulations governing notary position, notary ethics code, and indonesian notary association association regulation; 2. has an "internship activity report book" issued by the indonesian notary association to record daily apprenticeship activities, which must be completed by the relevant notary candidate and initialed by the notary recipient of the internship. 3. comply with the laws and regulations regarding notary position, including but not limited to the obligation to keep the deed confidential. the notary candidate who conducts apprenticeship activities both at the notary's office and joint internship organized by the regional management of the indonesian notary association has an obligation that must be carried out and obtaining his rights include: obligations of notary candidates 1. in uujn, the obligation of a notary candidate is regulated in article 16a, stating that candidate of notary must implement the provisions referred to in article 16 paragraph (1) letter a stating "act trustworthily, honestly, thoroughly, independently, impartially, and safeguard the interests of the parties concerned in a legal act". letter b which states "candidate of notary is also obliged to keep everything confidential regarding the deed he made and all information obtained in order to make the deed": 1. participate and has his/her name listed in at least 20 (twenty) deeds in accordance with article 10 paragraph (1) letter d of the regulation of the minister of law and human rights number 25 of 2017 concerning notary appointment appointment. 2. have an internship report book 3. be good, polite, discipline and maintain ethics to notary recipients of internships and other notary employees. 4. notary candidates who are extraordinary members of the indonesian notary association are required to take part in the association activities by collecting 30 (thirty) points. 5. participating in a joint internship organized by the management of the indonesian notary association. 1. obtain guidance, knowledge and practice about the notary world to notaries 2. recipients of apprenticeship, apprenticeship employees and resource persons during joint internships are in accordance with the rules of the association as notary candidates who will become notaries. 3. can move the internship place for at least 6 (six) months from the old notary's place to the new internship place if needed. 4. obtain internship certificate from notary recipient of internship. 5. entitled to participate in the process of making a deed, either as a witness or a substitute notary if possible in accordance with the laws and regulations. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 6. obtain a joint internship certificate from the management of the indonesian notary association area 7. obtain an internship certificate while the laws and regulations have explained the terms and conditions of apprenticeship for notary candidates, many notary candidates do not carry out apprenticeships as they should. they cannot always attend the notary office who receives an internship due to work and not being able to leave the job so that they cannot be routinely present at the notary's office. notary recipients of internships also give permission for notary candidates to not take part in an internship for a long period of time due to family relations with a notary candidate thereby reducing objectivity. after 24 (twenty four) months from the time of the internship, the prospective notary receives an internship certificate which is one of the requirements for completing the document for the appointment of a notary, even though the notary candidate does an apprenticeship not as it should. the notary candidate above acts dishonestly and violates the provisions of article 16 a paragraph (1) of the uujn which states "notary candidates conducting an internship must implement the provisions referred to in article 16 paragraph (1) letter a of uujn" by acting trustworthily, honestly, thoroughly, independently, impartially, and safeguarding the interests of the parties involved in legal actions”. in addition, they should should prevent notary candidates from becoming low skilled and not professional. this will certainly make a loss to the notary candidate himself or the notary recipient of the internship. in addition, the notary who receives the internship also violates article 16 paragraph (1) letter a of the uujn above, because the notary recipient of the internship is also responsible and has a great role to educate candidates notary to be more professional, skilled and have morality according to article 16 paragraph (1) letter n uujn stating that notary is obliged to receive an notary candidate internship. both uujn and notary code of ethics do not regulate the provisions concerning sanctions for notary candidates who violate article 3 letter f of the uujn and article 16 a uujn, therefore the sanctions cannot be applied to candidates for an intern who is not apprenticed, because the notary candidate has not yet submitted to the rules in the uujn and there are no rules that specifically regulate sanctions for violating notary candidates. while notary candidate has not been subject to the rules in the uujn, candidate of notary should continue to run an apprenticeship with the aim as a requirement for an application to be appointed as a notary. while not subject to sanctions in the uujn, but the notary candidate can be subject to criminal sanctions in terms of assisting or ordering notary recipients of an internship to issue an internship certificate which is not in accordance with the actual circumstances and use it as one of the requirements for completing the document for appointment of notaries in accordance with yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 article 55 paragraph ( 1) juncto article 263 of the criminal code, hereinafter referred to as the criminal code. article 55 paragraph (1) states "... convicted as a criminal act: 1. those who conduct, ask to conduct and participate to conduct; 2. those who give or promise something, by abusing their power or dignity, by violence, threats or misdirection, or by giving opportunity, means or information, deliberately encouraging others to do their deeds " article 263 states: (1) whosoever makes a fake letter or falsifies a letter that can give rise to a right, engagement or debt relief, or which is intended as evidence of something with a view to using or to order another person to use the letter as if it were true and not forged , threatened if the use can cause losses, because of falsification of the letter, with a maximum imprisonment of six years. (2) threatened with the same criminal, whoever deliberately uses fake or counterfeit letters as if they were true, if the use of the letter can cause harm. " besides, that the prospective notary will also be subjected to moral sanctions from the public for sooner or later the actions taken by the notary candidate will certainly be known in the future and make the public do not trust the candidate notary and notary recipient of the internship, so that the public is reluctant to use the services related to the agreement to notary recipient office. this certainly makes its own loss to the notary recipient of the internship. the action taken by the notary candidate in requesting the notary to receive an internship to issue an internship certificate while the notary candidate has not carried out apprenticeship activities also violate moral ethics. in the big indonesian dictionary, ethics is the knowledge of what is good and what is bad and about moral rights and obligations. ethics comes from ancient greek ethos in a single form, which means customs, customs, good morals. in its development ethics is divided into two, ethics and moral ethics. ethical ethics are customs or habits that describe human behavior in community life in certain areas, at certain times. ethical ethics are recognized and applied because they are agreed upon by the community based on the results of behavioral assessment. moral ethics relate to the habits of good and right behavior based on human nature. if this moral ethic is violated, evil arises, resulted in good and not right action. this habit comes from human nature called moral. the position of a notary as a functionary in society is respected. a notary is usually regarded as an official where someone can get advice that can be relied upon11. notary position as a profession in providing services (services) to the community requires the importance of 11 tan thong kie.(2007). studi notariat dan serba serbi praktek notaris, cet. ii, ichtiar baru van hoeve, jakarta, h. 444. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 determining a norm or standardization in the implementation of duties, authorities and obligations. notary is required to remain maintain behavior, dignity and honor as general officials considering the importance of the role and position of the notary in the community. in the era of legal development, the role of this notary places the notary as part of the components of the legal profession and also law enforcement, in accordance with the authority and obligations given to him in carrying out his profession12. if a notary violates the provisions in the uujn, the society will no longer trust the notary. for this reason, sanctions which regulate the provisions of the duties of a notary are needed. sanctions are a means of coercion, in addition to punishment, also to comply with the provisions stipulated in regulations or agreements13. sanctions are also interpreted as a means of coercion as a punishment if you do not obey the agreement. uujn regulates sanctions for notaries that violate the civil sanctions and administrative sanctions stipulated in articles 84 and 85 of the uujn. civil sanction in the form of reimbursement of costs, compensation, and interest is a consequence that will be received by the notary on the demands of the complainants if the deed concerned only has the power of proof as a deed under hand or the deed becomes null and void.14 administrative sanctions in the form of oral reprimands, written reprimands, temporary dismissals, dismissal with respect and disrespectful dismissal. according to the views of h.danvan wijk and willem konijnenbelt, administrative sanctions are a tool of public legal power used by the authorities as a reaction to non-compliance with administrative law norms15. sanctions for notaries also include criminal sanctions and sanctions for notary ethics. criminal sanctions can be imposed if the notary in carrying out his position meets certain elements of the offense of a criminal offense under the criminal code, and the code of conduct sanction can be imposed if it violates various provisions stated in the code of conduct of notary position. in the event that a notary issues a certificate of apprenticeship for a notary candidate who does an improper apprenticeship so that it violates the same criminal code as a notary candidate, namely article 55 paragraph (1) juncto article 263 paragraph (1) of the criminal code, hereinafter referred to as the criminal code. article 55 paragraph (1) states: "sentenced as a criminal offense: 1. those who perform, who ask to perform and participate; 12 krisdianto r.maradesa.(2014). kewenangan serta tanggung jawab hukum atas pembuatan akta otentik oleh notaris berdasarkan undang-undang tentang jabatan notaris. lex privatum. 2(3) 13 habib adjie.(2008). sanksi perdata dan administratif terhadap notaris sebagai pejabat publik, cet. iv, refika aditama, bandung (selanjutnya disingkat habib adjie ii), h. 89, dikutip dari n.e.algra dan h.r.w. gokkel, fockema andreae’s rechtsgeleerd handwoordenboek, h.d.tjeenk willink-alphen aan den rijn, 1981, h. 496. 14 ibid., h. 91 15 habib adjie i, dikutip dari h.d.van wijk dan willem konijnenbelt, hoofdstukken van administratiefrecht, uitgeverij lemma b.v. utrecht, 1990,p.327. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 2. those who give or promise something, by abusing their power or dignity, by violence, threats or misdirection, or by giving opportunity, means or information, deliberately encouraging others to do their deeds " article 263 paragraph (1) states: "anyone who makes a fake letter or falsifies a letter that can cause a right, engagement or debt relief, or which is intended as evidence rather than something with a view to using or telling someone else to use the letter as if it is true and not falsified, threatened if the usage can cause losses, because of falsification of the letter, with a maximum imprisonment of six years ". the notary recipient of the internship allows the prospective notary not to be present at the notary's office for a long period of time and issues an internship certificate, whereas the notary candidate is rarely present at the notari's office and can be appointed a notary because it meets the required conditions, according to regulations legislation. however, the prospective notary does not get the skills and sufficient knowledge about notarial practices and will be subject to moral sanctions from the community because one day it will surely be known if the notary candidate rarely does an internship and can be reported to the regional oversight council. notary recipient of an internship is the party responsible if there is a report related to the certificate of internship to a notary candidate who does not conduct apprenticeship properly. according to hans kelsen in his theory of legal responsibility, a person is legally responsible for a particular act or that he has legal responsibility, meaning that he is responsible for a sanction in the event of a contradictory act. hans kelsen then divided the responsibilities into 4 (four) sections consisting of: a. individual accountability, an individual is responsible for his own violations; b. collective accountability, an individual is responsible for a violation committed by another person; c. accountability based on an error, an individual is responsible for the violation committed because it is intentional and expected to cause harm; d. absolute liability, n individual is responsible for the violations committed due to accidental and unexpected event16. according to the responsibility theory of hans kelsen, the act of notary recipient of an apprenticeship is a type of collective responsibility which means that an individual is responsible for a violation committed by another person and an error-based responsibility which means that an individual is responsible for the violations committed intentionally and estimated to cause losses. notary recipients of apprenticeship can be subjected to administrative sanctions, because they have acted dishonestly in accordance with article 16 paragraph (1) letter a, namely acting honestly, 16 hans kelsen.(2006). teori hukum murni, (terjemahan raisul mutaqien), nusamedia, bandung, p. 140. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties involved in legal actions, but in the practice can be withdrawn or qualified as a crime committed by a notary according to article 55 paragraph (1) in conjunction with article 263 paragraph (1) of the criminal code. in carrying out their positions, notaries always receive supervision from the government17. in uujn, the party authorized to oversee actions carried out by a notary is the minister who forms the supervisory board. in article 67 paragraph (3) the supervisory board consists of: 1. 3 (three) persons from government 2. 3 (three) notary organizations 3. 3 (three) experts or academics and the supervisory board formed to oversee the notary consists of a. regional oversight council; b. regional authority council; 4. kesimpulan one of the authority of the regional supervisory board in accordance with article 70 letter g of uujn is to receive reports from the public regarding the alleged violation of the notary code of ethics or violation of the uujn. regional supervisory council is obliged to examine public reports against notaries and submit the results of the inspection to the regional oversight council within 30 (thirty) days with copies to the party reporting the notary concerned, the central supervisory board, and the notary organization in accordance with article 71 letter e uujn. furthermore, the regional oversight council has the authority to call the notary reported to be examined according to article 73 paragraph (1) letter b of the uujn and hold a session to examine and make decisions on public reports according to reports from the regional supervisory board in accordance with article 73 paragraph (1) letter a and can provide sanctions both oral and written warnings in accordance with article 73 paragraph (1) letter e. the responsibility of the notary candidate to conduct an improper apprenticeship is not as appropriate and obtain an apprenticeship certificate causing the notary candidate to still be appointed a notary because it has fulfilled the requirements in accordance with legislation and is not subject to sanctions in accordance with uujn regulations because the notary candidate has not been subject to the statutory regulations that govern concerning notary, but can be subject to moral sanctions and criminal provisions article 55 paragraph (1) juncto article 263 of the criminal code on the inclusion of letter counterfeit crimes. instead, notary recipient of an internship can be subject to sanctions in the form of administrative sanctions in the uujn and the criminal 17 la ode munawir. (2015).peran staf administrasi kantor notaris dalam menjaga kerahasiaan akta. portal garuda mahasiswa fakultas hukum universitas brawijaya. p. 15 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 provisions of article 55 paragraph (1) junto article 263 paragraph (1) of the criminal code on counterfeiting of letters. references habib adjie. (2007).hukum notaris indonesia tafsir tematik terhadap uu no.30 tahun 2004 tentang jabatan notaris, cet.iv,refika aditama, bandung. . (2008). sanksi perdata dan administratif terhadap notaris sebagai pejabat publik, cet. iv, refika aditama, bandung. hans kelsen.(2006), teori hukum murni, terjemahan raisul mutaqien, nusamedia, bandung. peter mahmud marzuki. (2005). penelitian hukum, prenadamedia grup, jakarta. soegondo notodisoejo. (1993), hukum notariat di indonesia suatu penjelasan, raja grafindo persada, jakarta. soejono dan abdurahman. (2003), metode penelitian hukum, rineka cipta, jakarta. tan thong kie .(2007). studi notariat dan serba serbi praktek notaris, cet. ii, ichtiar baru van hoeve, jakarta. i komang suardana.(2014).makna akta yang dibuat oleh calon notaris magang pasal 16 a ayat (2) undang-undang nomor 2 tahun 2014 tentang jabatan notaris. jurnal online mahasiswa fakultas hukum universitas brawijaya. krisdianto r.maradesa.(2014). kewenangan serta tanggung jawab hukum atas pembuatan akta otentik oleh notaris berdasarkan undang-undang tentang jabatan notaris. lex privatum. 2(3) la ode munawir. (2015).peran staf administrasi kantor notaris dalam menjaga kerahasiaan akta. portal garuda mahasiswa fakultas hukum universitas brawijaya. h. 15 mokhamad dafirul fajar rahman.(2014).kewenangan, kewajibannotaris dan calon notaris dalam membuat akta autentik. jurnal online mahasiswa fakultas hukum universitas brawijaya. rani yuliani.(2018). tanggung jawab hukum calon notaris yang sedang magang terhadap kerahasiaan akta. jurnal hukum jatiswara. 33(2) roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. susilo, d., & roesli, m. (2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. shofy nabila.(2015). implikasi yuridis calon notaris magang yang tidak melaksanakan kewajibannya sebagaimana diatur dalam pasal 16a undang-undang nomor 2 tahun 2014 tentang jabatan notaris. jurnal online mahasiswa fakultas hukum universitas brawijaya. subhan rolly sahrial.(2014).efektifitas pasal 16 ayat (1) huruf n undang-undang nomor 2 tahun 2014 tentang jabatan notaris mengenai kewajiban magang guna meningkatkan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 kompetensi calon notaris (studi kota batu). portal garuda jurnal online mahasiswa fakultas hukum universitas brawijaya. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. susilo, d., & roesli, m. (2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. triyanto setyo prabowo.(2017).tanggung jawab calon notaris yang sedang magang terhadap kerahasiaan akta. jurnal repertorium. 4 (2). 70-78 burgerlijk wetboek atau kitab undang-undang hukum perdata wetboek van strafrecht atau kitab undang-undang hukum pidana undang-undang nomor 13 tahun 2003 tentang ketenagakerjaan undang-undang nomor 30 tahun 2004 tentang jabatan notaris. undang-undang nomor 2 tahun 2014 tentang perubahan atas undang-undang nomor 30 tahun 2004 tentang jabatan notaris. peraturan menteri hukum dan hak asasi manusia nomor 25 tahun 2014 tentang syarat dan tata cara pengangkatan, perpindahan, pemberhentian, dan perpanjangan masa jabatan notaris. peraturan menteri hukum dan hak asasi manusia nomor 62 tahun 2016 tentang perubahan atas peraturan menteri hukum dan hak asasi manusia nomor 25 tahun 2014 tentang syarat dan tata cara pengangkatan, perpindahan, pemberhentian, dan perpanjangan masa jabatan notaris. peraturan menteri hukum dan hak asasi manusia nomor 25 tahun 2017 tentang ujian pengangkatan notaris. kode etik notaris. peraturan perkumpulan ikatan notaris indonesia nomor : 06/perkum/ini/2017 tentang magan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 hd’s criminal liability of drugs traffickin based on article 114 section (1) jo. article 132 section (1) law number 35 of 2009 on narcotics a.a. aditya dharmasaputra faculty of law, airlangga university email: dharmas.aditya@gmail.com abstract the purpose of this research is to fulfill one of the requirements to earn a bachelor of law in faculty of law, university of surabaya.the practical purpose of this paper is to determine whether hd, who buys and sells of narcotics can be held guilty as criminally responsible based on article 114 paragraph (1) jo. article 132 paragraph (1) law number 35 of 2009 on narcotics. hd was asked by ij to buy heroin. hd approved the request by ij and ij gave money idr. 120.000,-. hd bought the heroin from d idr. 100.000, -, thus he gained profit of 20.000, -, kept in his pockets. the police arrested him before he submitted the heroin to ij. the judges of south jakarta district court adjudicated hd as proven of violating article 112 paragraph (1) of the law on narcotics. the results of the study showed that hd can be held guilty as criminally responsible based on article 114 paragraph (1) jo. article 132 paragraph (1) of the law on narcotics because it has met the four elements of crime and proper clause on attempted in terms of being an intermediary of drugs transactions. keywords: criminal liability; drugs transactions; heroin. 1. introduction cases of narcotics abuse are increasing rapidly in indonesia even though various efforts have been taken by the government and community. drug abuse is difficult to eradicate. most of the narcotics, psychotropic and other addictive substances (napza) in the medical field are still beneficial for treatment. however, any misuse and illegal circulation will have a very detrimental effect on individuals and society especially to younger generation. according to ar. sujono, "the driving force or main motivator of the perpetrators of crimes in narcotics and illegal drugs is an economic motive1". narcotics according to article 1 paragraph 1 of law number 35 year 2009 are as follows: substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduce pain, and can cause dependence, which are divided into groups as attached to the law. a narcotics criminal case was conducted by hd on friday, may 18, 2012. around 14.30 wib, hd was asked by ij to buy narcotics of heroin type. hd agreed to accept ij request for a fee 1 ar. sujono, bony daniel, komentar dan pembahasan undang-undang nomor 35 tahun 2009 tentang narkotika, sinar grafika, jakarta, 2013, p. 4. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 of rp 120,000 (one hundred twenty thousand rupiah). hd went to menteng tunggulun area, central jakarta with the intention of buying heroin narcotics to d. around 3:00 p.m. hd gave money of rp 100,000 (one hundred thousand rupiah) to d and d handed over 1 (one) pack of heroin narcotics to hd while the remainder of the purchase money of rp. 20,000 (twenty thousand rupiahs) was stored in the pocket of the pants that were used at the time. hd then returned to the taxibike base while waiting for ij to take the heroin2. around 16.00 wib, hd was arrested by members of the police from the south jakarta metro police narcotics unit. the arrest found 1 (one) pack of narcotics of heroin type wrapped in transparent plastic and wrapped with black duct tape in hd's hand and cash of rp. 20,000 (twenty thousand rupiahs). based on the minutes of examination of laboratories number: 356.e /v/2012/upt test of drugs on may 24, 2012, it was concluded that the evidence carried by the hd was containing heroines registered in group i sequence number 19 attachment to law number 35 of 2009 on narcotics. the decision of the south jakarta district court that examined at the first level decided that hd was subject to article 112 paragraph (1) of law number 35 of 2009 on narcotics3. in connection with a trial or conspiracy as stipulated in article 132 paragraph (1) of law number 35 year 2009, it stipulates that: actors from conspiracies to commit narcotics and narcotics precursors as referred to in article 111, article 112, article 113, article 114, article 116, article 117, article 118, article 119, article 129, article 121, article 122, article 123, article 124, article 125, article 126, article 129 shall be punished with the same imprisonment in accordance with the provisions referred to in these articles. based on the elaboration, the problem discussed is "can hd who carried out the narcotics trafficking be subject to criminal liability based on article 114 paragraph (1) jo. article 132 paragraph (1) law number 35 of 2009 on narcotics?" 2. method to answer the problems that have been formulated in this paper, the research method used is normative juridical legal research, i.e a study using legal materials to solve legal problems. the approach used in this paper is statute and conceptual approaches. statute approach is an approach taken by examining all the laws and regulations concerned with the legal issue being examined, i.e 2 www.direktoriputusanmahkamahagung.go.id putusan mahkamah agung no. 1085/pid. b/2012/pn.jkt.sel. 3 ibid., p. 11. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 the accountability of the perpetrators of drug trafficking. the result of the study is an argument to solve the problem at hand. law no. 35 of 2009 on narcotics and other regulations that have relations with the material discussed are used. conceptual approach is an approach that comes from the views and doctrines that develop in law. by studying the views and doctrines in law, the researchers find ideas as sources of legal notions, legal concepts, and legal principles relevant to the issues at hand. understanding of these views and doctrines are the materials for making a legal argument in solving the issues at hand. this article uses two legal materials of primary and secondary legal material. primary law materials are binding legal materials, in the form of applicable laws and regulations that have to do with the issues discussed in this matter law number 35 of 2009 on narcotics. secondary legal material is defined as legal material that is not binding but describes primary legal material which is the result of processed opinions or thoughts of experts or experts who study a particular field specifically; such as the opinions of experts in books, legal journals, seminar materials, legal and internet magazine articles. legal materials are collected by studying law number 35 of 2009 on narcotics and inventorying legal materials related to the subject matter in writing, classifying them in accordance with the needs and sorting (systematizing) them. analysis of legal material is carried out to obtain answers to problems with deductive reasoning (from general to specific arguments) that originate from legal material and are related to the subject matter of narcotics cases that occurred and discussed in this study. 3. discussion criminal law recognizes criminal liability as very important, because accountability in criminal law is based on one principle, that is, not convicted if there is no mistake (geen straf zonder schuld) to determine whether the criminal offender can be subject to criminal sanctions. regarding the perpetrators of crime, sianturi states "accountability (criminal) leads to the punishment of the act, if it has committed a crime and fulfills the elements specified in the law4." hd can be subject to criminal liability if he fulfills 4 (four) elements, they are: 1. conducting a criminal act (against the law) according to a.z. abidin farid, "one of the essential elements of offense is that it is against the law (wederrechtelijkheid) which is stated expressly in an article of criminal law; it is 4 sianturi, asas-asas hukum pidana di indonesia dan penerapannya, alumni ahaempetehaem, jakarta, 1986, p. 249. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 odd that someone is convicted of an act of not against the law”. this is in accordance with the principle of legality as contained in the provisions of article 1 paragraph (1) of the criminal code which determines "no action can be punished except for the strength of criminal rules in existing legislation, before the act is committed." the nature of being against the law consists of the nature of opposing formal laws and the nature of opposing material laws5. 2. conducting criminal acts (illegal behavior) according to a.z. abidin farid, "one of the essential elements of the offense is that it is against the law (wederrechtelijkheid) stated expressly in an article of the criminal law; strange person is convicted of committing an act that is not against the law ". this is in accordance with the principle of legality as contained in the provisions of article 1 paragraph (1) of the criminal code which determines "no action can be punished except for the power of criminal rules in existing legislation, before the act is committed." the nature of being against the law consists of the nature of opposing formal laws and the nature of opposing material laws. moeljatno distinguishes nature against formal law and the nature of opposing material law, namely:  the nature of the fight against formal law occurs when the act matches the prohibition of the law, so that an error arises. resistance to real law violates the provisions of the law, except if there are exceptions that have been determined by law.  the nature of opposing material law is not necessarily if all acts are in accordance with the prohibition of laws that are illegal (roesli, heri, & rahayu, 2017). law is not just a law. in addition to the law (written law) there are also unwritten laws, namely norms or facts that apply in society6. drug trafficking committed by hd violated the provisions of article 114 paragraph (1) jo. article 132 paragraph (1) of the narcotics law, the elements of which are: every person narcotics law does not mention the definition of every person. narcotics law only describes narcotics addicts regulated in article 1 point 13 of the narcotics law, narcotics abusers in article 1 number 15 of the narcotics law, and corporations in article 1 number 21 of narcotics law. hd in this case is a legal subject as a person, not a corporation, thus, the element of ‘every person’ elements are fulfilled. without rights or against the law 5 a. zainal abidin farid, hukum pidana i, sinar grafika, jakarta, 1995, p. 47. 6 moeljatno, asas-asas hukum pidana, rineka cipta, jakarta, 2000, p. 130. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 in carrying out a narcotics crime hd does not get permission from the authorized party so that hd can be declared to have committed an unlawful act because his actions have fulfilled the formula in the narcotics law. attempt to be an intermediary in drugs trafficking narcotics criminal provisions includes conspiracy or agreements stipulated in the narcotics law are applied in article 132 paragraph (1) of the narcotics law, which determines: actors or conspiracy to commit narcotics and narcotics precursors as referred to in article 111, article 112, article 113, article 114, article 115, article 116, article 117, article 119, article 129, article 121, article 122, article 123, article 124, article 125, article 126, article 129 shall be punished with the same imprisonment in accordance with the provisions referred to in those articles. according to ar. sujono and bony daniel in narcotics law, "the definition of an attempt has been expressly determined in the explanation of article 132 paragraph (1) of law number 35 of 2009, which states that the attempt is the existence of elements of intention, the beginning of implementation, and not complete implementation is not solely due to his own will"7. the definition of business according to the sianturi based on article 53 of the criminal code is: if an act is prohibited (required) has not been done perfectly, it can be said that it has not fulfilled the formulation of the law so that it is not punished. in order for actions to be convicted, a provision is made which can be called an expansion of punishment. on the contrary it can be said that a series of deeds that have occurred, even though they have not yet fully fulfilled the formulation, are also despicable and deserving of punishment. therefore, the trial is a despicable act and deserves punishment8. based on article 53 of the criminal code, sianturi then mentioned the elements regarding the trial: 1) there is an intention or will of an act to commit a crime; 2) there is the beginning of implementing the action; 3) the implementation of the action is not completed simply because the situation is beyond the will of the action9. the act of hd which agreed to ij's request to buy heroin narcotics through d could show that hd had an attempt to commit a narcotics crime and in carrying out his actions, hd did it intentionally as intent. the beginning of the implementation of the action according to pompe is as follows, "the commencement of the implementation of a crime arises when a crime has been 7 ar. sujono, bony daniel, op.cit., p. 313. 8 sianturi, op.cit., p. 310. 9 ibid, p. 317. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 committed, in the sense that there is an act of implementation of a crime as defined in the law"10. an implementation of an action that is not completed because the situation is beyond the will of the perpetrator is referred to as "causes of externals", meaning "if the causes of externals have influenced the decision of the perpetrator to stop the crime, there is an onvrijwillige or action to stop the crime that has been started because it is forced11." the act of becoming an intermediary in buying and selling according to ar. sujono is: if someone connects the seller and the buyer then the person gets the goods in the form of narcotics, then it can be classified as an intermediary in buying and selling. therefore services or benefits can be in the form of money or goods or even facilities. regarding the matter of being an intermediary in buying and selling, services or profits is an important factor, because without services or benefits obtained, it cannot be called an intermediary in buying and selling12. hd, who was approached by ij at 2:30 a.m. wib to buy narcotics of heroin type, approved ij request and received money in the amount of rp. 120,000 (one hundred twenty thousand rupiah) from ij. hd then bought narcotics from d for rp. 100,000, (one hundred thousand rupiahs), and he received heroin given by d. the profit earned by the hd is rp. 20,000 (twenty thousand rupiahs) which is then stored in a pants pocket. hd returned to the taxibike base at rasuna said park to wait for ij to take the heroin, but before handing over the heroin to ij, hd was arrested by the police of the south jakarta metro police narcotics unit. the hd action has fulfilled the element of the experiment of becoming an intermediary in buying and selling. narcotics element group i the narcotics law applies to the type of narcotics group i in the form of plants and narcotics group i in the form of non-plants. hd is buying and selling narcotics of heroin type, which in the annex of the narcotics law is included in the serial number 19 of narcotics group i in the form of non-plants (lestari, 2019). 2. able to be responsible according to sianturi, someone can be held responsible if: a. the state of his mental: 1) uninterrupted or temporary illness; 10 p.a.f. lamintang, dasar-dasar hukum pidana indonesia, citra aditya bakti, bandung, 1997, p. 551. 11 ibid., p. 575. 12 ar. sujono, bony daniel, op.cit., p. 257. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 2) not disabled in growth (doubtful, idiot, imbecile etc); 3) not disturbed by surprise, hypnotism, overflowing anger, unconscious influence/reflex beweging, runny/slaapwandel, delirious because of fever/koorts, cravings and so on. b. his mental ability13: 1) can realize the nature of his actions; 2) can determine his will for the action, whether it will be implemented or not and; 3) can know the deterrence of these actions. 2. when agreeing to an ij request, the state of the hd soul is not being disturbed by continuous or temporary illness; not disabled in growth; not disturbed by surprise, unconscious influence, and so on. related to the mental abilities contained in hd, hd can be declared aware of the actions taken; can determine the will for a crime to do; can know the adverse effects of his actions, so that his actions are carried out consciously. 3. has a form of error pompe argued that "errors are behavior that is contrary to the law which (should) be avoided (vermijdbare wederrechtelijke gedraging), i.e the disruption of legal order which (should) be avoided14". the intentions according to moeljatno can be categorized into 3 (three) types, namely: 1) intentional purpose; 2) intentional as certainty, necessity, and; 3) dolus eventualis15. hd does something deliberate because he knows that there is a purpose or purpose to buy narcotics of heroin type. 3. the absence of forgiving reasons forms of actions that can be categorized as forgiving reasons according to the provisions of criminal law are as follows: 1) inability to be responsible; 2) forced defense beyond the limits, and; 3) carrying out unauthorized position orders in good faith16. z. anidin farid stated that "the inability to be responsible requires abnormal mental development and diseases caused by psychiatric disorders, as well as conditions for the causal 13sianturi, op.cit., p. 249. 14 ibid., p. 163. 15 moeljatno, op.cit., p. 177. 16 adami chazawi, pelajaran hukum pidana bagian ii, rajagrafindo persada, jakarta, 2002, p. 19. (hereinafter referred to as adami chazawi ii). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 relationship between mental illness and deeds17". the forced defense that surpasses the limits stipulated in article 49 paragraph (2) of the criminal code is also called "noodweerexces" which means "the limit of forced defense boundaries, which is caused by a severe mental pressure due to an attack by another person who threatens18". regarding the implementation of an invalid position order in good faith, article 51 paragraph (2) of the criminal code determines "position orders without authority, do not cause criminal deletion, unless those who are governed, in good faith think that orders are given with authority, and their implementation is included in the work environment ". in connection with hd actions in carrying out narcotics sale and purchase transactions there can be no forgiving reasons. based on the description of the elements of the error, hd can be subject to criminal liability because the four elements of error have been fulfilled by hd, namely committing a criminal act, being able to be responsible, having a mistake and not forgiving reasons. thus, hd can be subject to criminal liability based on article 114 paragraph (1) jo. article 132 paragraph (1) narcotics law. 4. conclusion based on the description and discussion in the previous chapter, hd that carries out drug trafficking can be subject to criminal liability based on article 114 paragraph (1) jo. article 132 paragraph (1) of law number 35 of 2009 on narcotics, because it has fulfilled 4 (four) elements of error, they are: 1) criminal acts; hd who attempts to become an intermediary in drugs trafficking violates the provisions of article 114 paragraph (1) jo. article 132 paragraph (1) narcotics law. 2) ability to be responsible. hd is a man aged 40 (forty), thus, he can be categorized as an adult. hd is not physically or mentally disabled and is not crazy, so it can be stated that hd can be responsible. 3) there is a form of committing a mistake. hd who attempted to be an intermediary for buying and selling heroin was intentional because hd knew that his actions violated the provisions of the laws and regulations. 4) there is no forgiving reason. hd conducted an experiment in terms of being an intermediary for buying and selling heroin of its own volition without any forced power and no forced circumstances. 17 a.zainal abidin farid, op.cit., p. 191. 18 ibid., p. 200. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 suggestion based on the description of the conclusions, the suggestion of this study is that hd be subject to other criminal provisions other than attempt/trial because there is action that is not complete in the case of becoming an intermediary in buying and selling narcotics. references adami chazawi.(1995). pelajaran hukum pidana bagian ii, sinar grafika, jakarta. andi zainal abidin farid. (1995). hukum pidana i, sinar grafika, jakarta. ar. sujono, dan bony daniel. (2013). komentar dan pembahasan undang-undang nomor 35 tahun 2009 tentang narkotika, sinar grafika, jakarta. moeljatno. (2000). asas-asas hukum pidana, rineka cipta, jakarta. p.a.f. lamintang. (1997). dasar-dasar hukum pidana indonesia, citra aditya bakti, bandung. lestari, s. e. (2019). kajian islam terhadap sila kedua dalam pancasila sebagai penjaga multikulturalisme. pendidikan multikultural, 3(2), 69–85. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sianturi.(1986). asas-asas hukum pidana di indonesia dan penerapannya, alumni ahaempetehaem, jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 legal protection for patients to medical procedures performed by young dentist rahma ariesti lating*, wiwin indriani law of faculty, hang tuah university of surabaya *email: rahma_ariesti@yahoo.com email: wiwinindryani@gmail.com abstract constitutes such a basic requirement of man, health so the need is will always to be fulfilled in order to improve the quality of human health, so as to be in his life quality will not cease to be guaranteed.to health services there are the relationship between individual patients, the doctor / medical workers and hospital sources said.the connections serve as a platform for arrangement on the health of the norms to protect patients in the form of health law norms and other like moral, of ethics, of decency, propriety and of order ( herkutanto, introductory law health, 1987.to protect patients from error and omission health services, in 1992 have enacted of act no 23 / 1992 on health and in 1999 have promulgation of the act no.8 / 1999 about consumer protection. the authority of the young doctor to perform the act of medical towards patients not been managed in a legal manner.in rsgmp just make a guidebook profession ( module ), which holds information about rule of action that may be undertaken by the young doctor, dental hospital by law, medical committee, having standard operating procedures they can manage the any action and doctors educator clinic as well as the young doctor were very well informed with responsibility for every one of them, changing authority given doctor educator clinic to the young doctor administration of, only there has been no rules governing the involvement of in a book. keyword : health services, protection of the law patients, protection of the law the young doctor, doctor educator clinics. 1. introduction over the past year in the term malpractice pretty famous and a lot of talk about especially in malpractice medicine especially in therapeutic transactions between doctor and patient.the relationship between doctor, hospitals and these patients or known as therapeutic transactions this is mostly street conflict derives ( yuliati, the study juridical legal protection for a patient in indonesia republic act no.29 / 2004 about practices medicine pertaining to malpractice, 2005 ).medical malpractice is wrong or negligence a doctor in discharge of an obligation profession with not being cautious and not adhering to a standard profession the standard of medical service, standard operating procedures so as to cause the patient experienced with disabilities, wound even death. the act of malpractice medical exam by a doctor might have been, good been spreading corruption and because omission.in any case a mortal who has a full of by deprivation; the doctor does not go away from likely to perform and keep their fault because it is of the nature of human nature ( komalasari, black law dictionary, 2012.the doctor and dentist can be giving authority to yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 nurses or exertion certain health in writing in carrying out an action a medicine or dentistry.a doctor can bestow its responsibilities to handle patients related to their health by first see the ability or proficiency one who will receive the changing authority and implemented when handling next patients could have been treated by nurses based on competence of nursing.doctors can be instructed to nurses, midwives and including young doctor to handle patients as its purpose and the competency. help for services such as the unsettled, health the midwife, the young doctor (ns, pengantar menuju perawat professional, 2009) it has already been stated formerly that of a doctor responsible for what exercised by the people below its attorney.this is also valid members using the young doctor, which they have to experience in the implementation of their services in accordance what is instructed by doctor.a doctor young does not justified perform the act of medical when the battery is in do not get approval and orders from a doctor because they have not yet have a letter of permission practices medicine in accordance set in article 36 the act of no.29 / 2004 about practices medicine.the young doctor as a student who began a program to education profession is lower than the authority a doctor staunch advocate responsible related to the activities that were undertaken in the hospital.even if in theory has been through formal education at the university, then marry the women you take your own decisions and do the handling of health(ns, pengantar menuju perawat professional, 2009). error flags in medical treatment that result in loss suffered by by the patients sure made the doctors and other health workers to have to be careful and run his responsibility as well as possible without his patient. look at the status in the life of the hence, malpractice case that occurs in the process of medical treatment the people would more alert and critical.in this era of this reform law play an important role in various facets of reality participate in community events and the country.community health of these efforts include increasing either physical or nonphysical(nasution b. j., hukum kesehatan pertanggungjawaban dokter, 2005). s health sector development in the context of such complex and wide; felt most strongly that the charter and rule that support needs to be more health effort was perfected and be increased.if when viewed from the aspect the development of a juridical him by national health care system it is time to reassess and equip the legislation the health sector by issuing a legal product that are better suited (nasution b. j., hukum kesehatan pertanggungjawaban dokter, 2005). basically it comes to health all facets of reality well in the past, the present and the future as an invitation so that their reach very large.in the history of how things work out has happened a change in the orientation of value and thought about the efforts to solve problems in accessing health services who in perceptible to have changed in line with the developmental process technology and social and cultural. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 2. discussion 1. protection concept 2. the existence of law in society is to integrate and coordinate with all of the members of the public. promote their interests arrangement is supposed to be based on the balance between give freedom on individuals and protecting the interest of the.the order created by a new law be true when the subject has the right and the obligation of law (yuliati, kajian yuridis perlindungan hukum bagi pasien dalam undang-undang ri no.29 tahun 2004 tentang praktik kedokteran berkaitan dengan malpraktik, 2005). sudikmomertokusumo stated that the rights and obligations of do not constitute a collection of the anglo-saxons or rules, but consideration power in the form of individual rights on the one hand which is reflected in an obligation to the party an opponent; the rights and obligations of this is what is given by law (mertokusumo, mengenal hukum suatu pengantar, 1999). 3. in leksial, protection are defined as a shelter, thing or a deed, protecting. .protection are defined as a pledge or security, member convenience the welfare and peace of a patron to protected over all the dangers and the risks that remember.the protection of the law according to phillipus hadjon ( 1988: 5 ) there are two types of, first the protection of the law preventive it means the people should be given the opportunity said his opinion before the government decision got a shape that life whose aim is to prevent the occurrence of dispute.second, the protection of the law repressive whose aim is to settle the dispute(hadjon, perlindungan hukum bagi rakyat indonesia, 1988). 4. agreement concept 5. agreement based on article 1313 kuhperdata is a deed by which one person or more fastens themselves and made boasts against one person to another or more.it turned out that this understanding was criticized for besides not complete on one side was also said the other hand. too wide.it is said were incomplete because mention said what without determination of the types of his deeds as if also includes representatives of an action as a committed an illegal action and so on.the act of this was indeed give rise to engagements; but the emergence of the engagements because the laws of not because of the covenant(sofwan, hukum perdata, hukum perutangan, 1980). 6. then of a word by which one person or more fastens themselves and made boasts against one person to another or more got the impression that as if agreement includes a covenant unilateral, the majority of the covenant is reciprocal agreement (setiawan, pokok-pokok hukum perikatan, 1994). based on it, whichever is defined as the legal relation between two yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 or more parties based on an agreement to inflict due to law(mertokusumo, mengenal hukum suatu pengantar, 1999). 7. therapeutic agreement therapeutic agreement or often called in a therapeutic is the relationship between doctor with a patient in the service of medic in professional based competence that is in accordance with expertise and skills in medical field(komalawati v. , peranan informed consent dalam transaksi terapeutik (persetujuan dalam hubungan dokter dan pasien), 2002). based on the opening of a code of ethics of medicine indonesia which was manifested in the minister for health decree of the republic of indonesia number 434 / menkes / x / 1983 about the entry into force of the code of conduct of medicine for the physician indonesia, with the agreement of the therapeutic is the relationship between doctor and the conducted by the atmosphere of mutual trust and always will be surrounded by all emotions, hope and concern insanity creature(tribowo, etika dan hukum kesehatan, 2014). the science of law known two types of agreements that is sought inspanningsverbintenis agreements and agreements the results of resultant verbintenis. on agreements sought so this groundbreaking achievement is administered by a doctor is the effort to optimally, while in the case of agreements the results of achievement that must be administered by a doctor is in the form of a specified outcome.thus in the implementation of the agreement between doctor and patient, therapeutic doctor does not promise healing the patient will cure the patients but to do their best(supriadi, hukum kedokteran, 2001). agreement in this in the agreement in the form of informed consent, namely the right of patients to permit he did an act medical.in a juridical manner, informed consent is a unilateral, will namely from the patients (rudianto & roesli, 2019). so, those letters the accord does not have a an agreement which is pure, the doctor does not have to actively participate sign them.besides, the patients can cancel statement approval at any time before the act medical done(wiradharma, penuntun kuliah hukum kedokteran, 2010). if assessed according to its article 1338 kuhperdata that agreement could not be drawn back in addition to an agreement between the two countries.so go only one of the parties that and renounced the covenant, so the cancellation of deemed invalid and can give rise to make good the loss.of this article clear that approval of that which has happened is not can be undone that you remember because approval of that which referred to as a transaction or therapeutic contract is valid as a statute(hanafiah & amir, etika kedokteran dan hukum kesehatan, 2007). 8. young doctor (co-assistant) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 9. koas extensions of koastisensi is the only the way for bachelor degree in medicine to reach for the title doctor.travel a co-ass or the young doctor done a period of one year eight months.those people who have been in get in skills labs in theory can be applied the holistic in this time. of course as koas had trained in the time of an undergraduate degree (wiradharma, hukum kedokteran, 1996). the relationship between the young doctor, physicians and hospitals law of medicine as part of the most important health law which includes the religion of the associated with medical treatment.law of medicine also can be defined as a law in a narrower health sense. when an object law health is health services, then object law of medicine is medical treatment.in implementation, doctor can do profession in the form of private practice or in the form of private health practitioner stupidly a the hospital, the implementation of the profession of doctor almost always associated with another profession such as the care of, the midwife took his hand a roentgen of, analysts laboratoriuum, fisioterapist, environmental health officers and so on(wiradharma, hukum kedokteran, 1996). all a profession in carrying out his work must be in accordance with those who are called a standard of measure profession.so, not only of a trained health professional which is to be worked. conforming to standards of the medical of profession is also, the professional development having standards of a profession that set by each professional intimate friend name out physician who rarely associated with loss of life of a person or cause defective; so that it may be not so a problem.health workers in is doing the work of them have been in permanent contact with who were sick.any kind his sickness of course affect a patient emotion. in other words of health workers have been in permanent contact with a person who is in a state of sickness, psychic also emotionally needing attention and extra treatment from a doctor(ns, pengantar menuju perawat professional, 2009). co-ass stands for co-assistant.co-assistant an apprentice in a hospital for introduce medicine to the apparent doctor.it is referred to to at the time to be deployed to the world of medicine they do not shocked and not awkward.in this co-assistant prospective doctor will is guided by doctor staunch advocate have experts in their respective fields.co-ass implemented after the students were pass the program an undergraduate degree of medicine to acquire a title the profession of doctor. co-ass done on any part of which was in the hospital and held for around two years(nasruddin, pengantar bioetika hukum kedokteran dan hak asasi manusia, 2010). in joint ordinance the minister of health and its regional human resources agency no.1201 / menkes / pb / xii / 2009 on implementation guidelines for the functional positions doctor clinical educator and figures their credits article 1 the limit 1 arranged that: doctor clinical educator is a tenure by which the sphere of, the in a position duty, the responsibility and authority to perform the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 activities of health services or medical, the community, devotion education of doctors and medical specialist at the hospital education as well as carrying out a study in order to the development of medical science that occupied by civil servants with rights and duties are given in full by the authorized official.next in figures for 4 arranged that: education of doctors and medical specialist is education the profession of doctors and medical specialist whose almost all his learning carried out in the hospital education as well as all tools its facilities and infrastructure are a supporting role educator and of hospital patients as a medium as well as education teaching.number 5 make clear that: the hospital education is a hospital that are implementing education of doctors and medical specialist from the institutions medical education. professional education of medicine described in the act of no.29 / 2004 about practices medicine article 26: a. standards of a profession medicine and standards of a profession of dentistry act legalized by medical council on indonesia. b. standards of a profession medicine and standards of a profession of dentistry as mentioned in paragraph (1) : 1) for professional education doctor or dentist arranged by association by institutions medical education or to dentistry or 2) for education a profession of medicine a specialist prepared by colegium a medicine or dentistry. c. association institution a medicine or dentistry in preparing professional education standards as stated in paragraph ( 2 ) letter a coordinate with an organization as a result colegium, association of the hospital education, the ministry of national education and ministry of health. d. colegium a medicine or dentistry in preparing professional education standards as stated in paragraph ( 2 ) letter b coordinate with an organization as a result association of medical education institution or to dentistry; association of the hospital education, the ministry of national education and ministry of health. in addition, in article 28 of the law on paragraph ( 1 ) practices medicine explained that any doctor or dentist practicing are required to have an education or training a medicine or of dentistry sustainable held by an organization in a profession in order the absorption of science and technology of medicine or to dentistry. in the act of no.29 / 2004 about practices medicine article 73 paragraph ( 1 ) arranged that that everyone be barred from using identity in the form of a title or form to another who created the impression for the community is as if being a doctor or dentist who have already had certificate of registration and / or permit practices.next in paragraph ( 2 ) set up every person is prohibited from using a tool, the method or another way in providing services to the people who created the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 impression is as if being a doctor or dentist who have already had certificate of registration and / or permit practices. practices medicine is not a job that can be done by whom but may only be performed by certain professional groups group of medicine who stand in the competency and meeting a certain standard and has obtained the license of from the institutions that authorized and work conforming to the standards and professionalism of the set by profession organization. and as the responsibility doctor is as follows: a. function in accordance to run the task of a tiered. this scientific through education b. in accordance with the competency and meeting a certain standard. c. permission has been given from the institutions that authorities. d. work based on standards of a profession.. it is also the article 1 the number 11 the act of no.29 / 2004 about practices medicine that: profession a medicine or dentistry was a chore medicine and dentistry was done based on this scientific, a competence that is obtained through a tiered education and the code of conduct is to serve the public. education is the education that the doctor produced to produce doctor who have competence to carry out health services primary and is medical education fundamentals as education university. medical education a base consisting of two phases: stage bachelor degree in medicine and phase the profession of doctor.a profession of medicine own was a chore of medicine was done based on this scientific and a competence that is obtained through a tiered, education as well as the code of conduct is serve the community in accordance with law no.29 / 2004 about practices medicine.doctor as one of the main components of health service providers the community has a very important role and directly related with the process of health services and the quality of the service provided(komalawati v. , hukum dan etika dalam praktik kedokteran, 1989). science, skill, the attitudes and behavior as competence obtained during education is the basis of a doctor to be able to do the act of medicine in the issue of health service.medical education was primarily aimed at improve the quality of health care for the society. on the one hand the availability of professionalism like a doctor perceived it is not yet sufficient.during the preparatory phase of professional education doctor, the young doctor will be given learning clinic covering way amnesics and, physical examination the selection of the supporting examination will help enforce diagnosis or the diagnosis appeal for their illness department of administration for disease and complications. objective of learning in the form of the number of cases that will be studied by the young doctor, the level of that which was expected, competence and responsibilities of ethics, moral, and professional doctor young in treat my patients as a doctor primary service with competence doctors yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 who have governed by medical council on indonesia. to support and he knows the young doctor activities the sake of learning mentioned above so it is necessary to provide the rule book academic and professional doctor. control educational activities. the book aimed to be a guide to doctors young for courtesy activities and to be a forum written communication between the parts of academic faculty by part clinic courtesy. clinic place of proceedings. every start and finish courtesy activities clinic in each parts, it is expected that to education coordinator student ( kpm ) can fill this book and directly signed with a signature by the head of a part or kpm as the report to the part academic. module election that was performed in the hospital set by institutions medical education and approved by the hospital.thus, so can be implemented by some education curriculum in the hospital.it is considered that medical student who work at the clinic in medicine and not administrated council on no permit practices.hence, students were not legally allowed exercise authority outside doctor orders and must be based on current. module which was written on. the presence of students at the clinic must always be accompanied by physician who having sip as board members.understanding clinical situation which is a situation where there are patient and physician who having sip as board members who had a relationship with a patient doctor in an effort to resolve pasien.kehadiran health clinical medical student in a situation as this is the state of being legally have to be arranged. the legal liability of the doctor / of health workers adepts in the health sector exercise a profession based on work containing the risks. if you are really concerned parties to have been carrying out their duty by right according to good benchmark (, professional standards of a profession then they receive an honorable have to get the protection of the law(herkutanto s. s., pengantar hukum kesehatan, 1987). the responsibility of a physician and clinicians based on a code of ethics profession the development of codes of conduct containing three objectives : first, a professional code of ethics make easy in decision-making in an efficient way; second, individually the professional guided often need direction to direct professionalism; or third of conduct a profession to create a pattern of behavior that is expected by the customers in professional(koeswadji, hukum untuk perumahsakitan, 2002). soerjono soekanto and kartono muhammad stated that with the size of humanity a person might even high are defined in running profession will treat a patient on the basis of a human being noble values. he would face as a whole person, for the patient to who have esteem, , rights and even family.the responsibility of a physician or exertion health is the legal liability of or mostly known as the legal liability of medicine medical liability(supriadi, hukum kedokteran, 2001). the act of no.29 / 2004 about practices medicine enacted to set practices medicine with a view to providing protection to patients, maintain and improve the quality of medical services and yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 provide legal certainty to the community doctors and a dentist.in the early part of, the act of no.29 years 2004 regulates about the requirements of a physician to can be practicing medicine, that can be started with must have a competency certificate of medicine that obtained from colegium besides the certificate they have been given, doctors who have to the need to obtain certificate of registration of medical council on indonesia and obtain a letter a seal of approval from the regional health agency practices district.it should also be doctor words doctor, healthy physical and mental and said it will adhere and carry out the terms of professional ethics. in this section the act of also regulate the procedures to the rights and obligations of doctor and patient.one of the important thing is the right of a physician protection law along conducted its duty in accordance standards of a profession and standards operational procedure, while the right patients what really matters is the right to an explanation of a disease, the act of medical, benefits, the risk, complication and prognosis and the right to approve and resists the action of medical(supriadi, hukum kedokteran, 2001). the protection of the law patients constitutes such a basic requirement of man, health so the need is will always to be fulfilled in order to improve the quality of human health, so as to be in his life will not cease to be guaranteed.of health workers do what is referred to as the health effort and the object of the attempt to health is health care, good community health maintenance and the maintenance of health individuals.to health services there are the relationship between individual patients, the doctor / medical workers and hospital sources said.the connections serve as a platform for arrangement on the health of the norms to protect patients in the form of health law norms and other like moral, of ethics, of decency, propriety and order.man in her life have of fundamental rights which is recognized with human rights should be respected by other parties. basically the rights of (rights) privately the subject rights law in this matter is a patient in law, health is of the right to life the right to die in an appropriate manner, the right of respect for the integrity of his physical and outward advantages and spiritual life and rights over his own body. to protect patients from error and omission health services, in 1992 have enacted of act no 23 / 1992 on health and in 1999 have promulgation of the act no.8 / 1999 about consumer protection.about a patient as consumers health service and the doctor / of health workers as services business players to his own health services sectors it is still going debate. parties who argued that a patient as consumers health service and the doctor / of health workers as business players to services were due to the health services sectors that patients so as they are always rely on bill no 8 years 1999 about consumer protection.it is based on minister for health decree 756 / 2004, who said that health services including business.in fact, world trade organisation ( wto makes the the hospital, doctor, the midwife and nurse as business.with such was yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 the patient as consumers and take the doctor / of health workers as business.hence, the application of no.8 / 1999 about consumer protection is the right thing. while the party which has no agreed with the application of no.8 / 1999 about consumer protection if there is conflict between patients with the doctor / of health workers and hospitals argument is that the relationship between therapeutic is essentially equivalent to the relationship agreements specifically, hence when your words come true conflict or a row between service providers and recipients of these services health services so each side subject to legal concept staged it.in the transactions of therapeutic, characteristic of per is in-spanning coats of mail(komalawati v. , peranan informed consent dalam transaksi terapeutik, 2002)it means agreements which are not based in the final outcome but was based on trying to.in this case a doctor or the hospital are not required to give or to create a desired results patients, because in a lot of things medical transactions an influential factor that is out of range doctor ability, for example: immunity patients, age, their physical, the level of illnesses suffered by the, compliance patients, the quality of medicine as well as the availability of health service facilities.for that reason engagements over this subject to public engagements as stipulated in section 1320 kuhperdata(yuliati, kajian yuridis perlindungan hukum bagi pasien dalam undang-undang ri no.29 tahun 2004 tentang praktik kedokteran berkaitan dengan malpraktik, 2005). in spite of varying opinions on the regulations that are to be set when conflict or dispute between participants to health services, which is not less important by means of / such mechanism as what such dispute may be solved.basically the settlement to the conflict between participants to health services can be carried out through two ways, and that is the ability litigation ( by judicial process ) and non litigation ( outside the judicial process.when chosen settled through judicial misconduct, so the plaintiff will propose the content of its lawsuit to the district court in the region of the incident, could use a lawyer or no.in the process of a court generally to be achieved an award of the truth of a suit at based on the evidence fornication right-based ) and then of decisions about the amount of money with the value of worthy of paid by the defendant to the plaintiff.in determining the award in his conduct a deed the judge will compare what was sealed. when chosen the process outside the court, (raised an alternative form of resolution) so the two sides attempted to achieve an agreement over resolution of disputes (consensus). agreement can be reached with you both sides could correct him conciliation or negotiations or by facilitating, mediation and arbitration or ways combination.the facilitator and a mediator does not make a verdict, while the arbitrageur may make a verdict that must be filled with both sides.in the process of this mutual consensus efforts should be made to find a way a settlement that given to understanding the interests of both parties (interest-based, it is win-win solution right fee-based). civil court judge generally offer peace before the start of the trial, even recently judge facilitate he yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 did mediation by certain a mediator (sampurna, aspek medikolegal pelayanan medik masa kini dan kaitannya dengan manajemen risiko klinik, 2005) 3. conclusion medical services is a system which so complex and vulnerable to fire an accident.so that it should be done with brothers by those competent that has the authority particulars.the effort to minimize lawsuits about hospitals and its staffers is essentially equivalent to effort to prevent or cultivate risk by oriented to patient safety. the protection of the law towards patients as a consumer of health service basically therapeutic made, transactions should be started it means a transaction or agreements on the basis of equality between the two sides.in addition, communication between the two sides continues to kept, it is referred to in order to minimize the occurrence of what intentional misconduct ) as on certain act of omission ( negligence or a less expertise or unwarranted is typical of the competence of the organizers of the health services that result in a loss of a patient. references amir, m. j. (2007). etika kedokteran dan hukum kesehatan. jakarta: buku kedokteran egc. bahder, j. n. (2005). hukum kesehatan dan pertanggungjawaban dokter. jakarta: aneka cipta. danny wiradharma dan sri dionisia. (2010). penuntun kuliah hukum kedokteran. jakarta: sagung seto. hadjon, p. m. (1988). perlindungan hukum bagi rakyat indonesia. surabaya: bina ilmu. hanafiah, m. j., & amir, a. (2007). etika kedokteran dan hukum kesehatan. jakarta: buku kedokteran egc. herkutanto, s. s. (1987). pengantar hukum kesehatan. bandung: remadja karya. indonesia, r. (2004). kitab undang-undang pasal 28 ayat 1. praktik kedokteran. johan nasution dan bahder. (2005). hukum kesehatan pertanggungjawaban dokter. jakarta: aneka cipta. johan nasution dan bahder. (2005). pertanggungjawaban dokter. jakarta: aneka cipta. koeswadji, h. h. (2002). hukum untuk perumahsakitan. bandung: citra aditya bhakti. komalasari, v. (2012). black law dictionary. bandung: kdp. komalawati, v. (1989). hukum dan etika dalam praktik kedokteran. jakarta: pustaka harapan. komalawati, v. (2002). peranan informed consent dalam transaksi terapeutik (persetujuan dalam hubungan dokter dan pasien). bandung: citra aditya bhakti. komalawati, v. (2002). peranan informed consent dalam transaksi terapeutik. bandung: citra aditya bhakti. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 komalawati, v. (2002). peranan informed consent dalam transaksi terapeutik. bandung: citra aditya bhakti. m jusuf hanafiah dan amri amir. (2007). etika kedokteran dan hukum kesehatan. jakarta: buku kedokteran egc. mertokusumo, s. (1999). mengenal hukum suatu pengantar. yogyakarta: liberty. nasruddin. (2010). pengantar bioetika hukum kedokteran dan hak asasi manusia. makassa: umitoha ukhwah grafika. nasution, b. j. (2005). hukum kesehatan pertanggungjawaban dokter. jakarta: rineke cipta. ns, t. (2009). pengantar menuju perawat profesional. jakarta: buku kedokteran egc. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. sampurna, b. (2005). aspek medikolegal pelayanan medik masa kini dan kaitannya dengan manajemen risiko klinik. setiawan. (1994). pokok-pokok hukum perikatan. bandung: bina cipta. sofwan. (1980). hukum perdata, hukum perutangan. yogyakarta: fakultas hukum universitas gajah mada. supriadi, c. (2001). hukum kedokteran. bandung: mandar maju. ta'ad, n. (2009). pengantar menuju perawat profesional. jakarta: buku kedokteran egc. tribowo, c. (2014). etika dan hukum kesehatan. yogyakarta: nuha medika. wiradharma, d. (1996). hukum kedokteran. jakarta: binapura angkasa. wiradharma, d. (2010). penuntun kuliah hukum kedokteran. jakarta: sagung seto. yuliati. (2005). kajian yuridis perlindungan hukum bagi pasien dalam undang-undang ri no.29 tahun 2004 tentang praktik kedokteran berkaitan dengan malpraktik. malang: fakultas hukum universitas brawijaya. undang-undang republik indonesia no.23 tahun 1992 tentang kesehatan. undang-undang republik indonesia no.8 tahun 1999 tentang perlindungan konsumen. undang-undang republik indonesia nomor 29 tahun 2004 tentang praktik kedokteran. peraturan menteri kesehatan republik indonesia nomor585/menkes/per/iv/1989. vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 484 issn print 2086-6852 and issn online 25985892 juridical analysis for mediationland dispute resolution nanin oktaviani, habib adjie faculty of law narotama university surabaya, indonesia * corresponding author e-mail: nanokt8@gmail.com article history: received: december 20, 2022; accepted: march 25, 2023 abstract this study aims to find out whether the results of mediation can be accepted as a settlement step and what are the legal consequences of the results of this mediation. the research method used is empirical juridical, namely by comparing legal facts with the theoretical basis of law and applicable legislation. based on the results of the research, the following results were obtained: 1) as a mediator function, based on permenag number 11 of 2016 concerning settlement of land cases, atr/bpn can resolve land ownership disputes through mediation, only for disputes that do not involve ministries, the results of mediation are taken from dispute resolution can be considered final and binding, and to have legal force, a peace deed is better madein front notary official and afterwards the deed is registered with the district court; and 2) the legal consequences of the mediation results that have been registered with the district court are the legal basis for the head of the local atr/bpn office to change or repair the disputed land certificate as an effort to provide protection and legal certainty. keywords: land disputes, alternative land dispute resolution, mediation by atr/bpn 1. introduction the emergence of cases of land disputes in indonesia in recent times seems to reemphasize the fact that during 62 years of indonesia's independence, the state has still not been able to guarantee land rights to its people. law number 5 of 1960 concerning the basic agrarian law (uupa) was only limited to marking the start of the era of banı land ownership which was initially communal in nature but developed into individual ownership. the root of land conflict is a fundamental factor that causes land conflict. it is important to identify and inventory the roots of land conflicts in order to find a solution or the form of settlement that will be carried out. in outline, the root causes of land conflicts can be caused by the following: (1) conflicts of interest, namely the existence of competing interests; (2) structural conflict; (3) value conflict; (4) relationship conflict; (5) data conflict. tiny legal disputes regarding land stem from complaints from one party (person/entity) which contain objections and demands for land rights, both regarding land status or priority of ownership, in the hope of obtaining an administrative settlement in accordance with laws and regulations. broadly speaking, land problems are classified as follows: (1) problems of people cultivating land in plantation areas, forestry, abandoned housing projects and others; (2) the problem of violation of land reform http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 485 issn print 2086-6852 and issn online 25985892 provisions; (3) excess provision of land for development purposes; (4) civil disputes related to land; and (5) customary law community customary rights (sabowo, 2020). a land dispute is a process of interaction between two or more people or groups to fight for the interests of the same object, namely land and other objects related to land, for example water, plants, mines and air which are on the boundary of the land (susilaningsih, 2018). the emergence of cases of land disputes is inseparable from the context of government policies which are often ad hoc, inconsistent and ambivalent between one policy and another, resulting in overlapping agrarian law structures. as has been stated that land cases are land disputes, conflicts and cases that are submitted to the national land agency of the republic of indonesia to get settlement handling in accordance with statutory provisions and/or national land policies. so based on regulation of the head of atr/bpn ri no 3 of 2011, the indonesian national land agency carries out the management of the assessment and handling of land cases. in the regulation of the head of atr/bpn ri, land cases include land disputes, land conflicts, and land cases. settlement of land disputes (or civil disputes in general) is possible to use two channels, namely settlement through litigation (court) and non-litigation (outside court) (salim, 2008). although, the basic agrarian law (uupa) does not mention how the land dispute resolution mechanism is at all, except for the criminal provisions in chapter iii article 57 paragraph (1) of the uupa which states that the criminal threat for violating article 15 of the uupa is forever 3 (three) ) month or a maximum fine of idr 10,000 (ten thousand rupiah). furthermore, article 57 paragraph (2) of the uupa states that the government regulations and laws and regulations referred to in articles 19, 22, 24, 26 paragraphs (l), 46, 47, 48, 49 paragraphs and 50 paragraphs (2) of the uupa carry criminal penalties. imprisonment for a maximum of 3 (three) months and/or a maximum fine of rp. 10,000 (ten thousand rupiah). the interpretation of these articles, which include the existence of a criminal threat, then if there is a land dispute the agreed settlement is through the courts. based on the analysis of the origin of the dispute and the classification of the root causes as mentioned above, the factors causing land disputes can be classified as follows: 1. legal factors a. overlapping regulations implementing rules anda special law of the uupa (for example: the forestry law, the basic mining law, the transmigration law and others) do not place the uupa as the main rule but place it as an equal legal rule so that the vision, mission and objectives of the uupa cannot be properly accommodated. b. judicial overlap http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 486 issn print 2086-6852 and issn online 25985892 for matters of land disputes, the courts that can be taken are general courts (criminal and civil) and state administrative courts, where one court decision requires another court decision. 2. non-legal factors a. overlapping of physical tenure and land use the incongruity between population and land growth has resulted in struggles and conflicts of interest over the use of land (eg agricultural land is made into housing). b. the economic value of land is increasing. c. public knowledge is getting higher. d. economic differences. the lack of clarity on the direction for settling land disputes in the uupa and other legal regulations has resulted in disappointment among the people who seek justice so that a statement arises to make a special court of land disputes so that the decisions taken can bein force and bind. because so far the settlement of land disputes through litigation is laden with procedural aspects rather than substantial aspects, resulting in decisions being made based on administration and not touching on the principle of justice.reflecting on land disputes in indramayu regency and how their resolution is linked to a sense of justice, in this study the researchers conducted a study entitled "juridical analysis of mediation as an alternative to land dispute settlement by atr/bpn (case study of land dispute resolution in indramayu regency)" . 2. research methods this study uses a juridical-normative method with a conceptual and case approach. this study juxtaposes legal regulations on mediation with legal facts in the form of mediation minutes of land boundary disputes that occurred in karangmalang village, indramayu district. 3. results and discussion previous research previous research has been conducted by tubagus muhammad sulaiman, s.h,, m.kn. entitled mediate settlement of land boundary disputes in karangmalang village, indramayu district by the indramayu land office. the research concluded that the implementation of mediation results for dispute resolution in the form of repairs to land certificates by the local atr/bpn office and the absence of implementing provisions for mediation as a settlement of land disputes by the atr/bpn office. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 487 issn print 2086-6852 and issn online 25985892 in this study, the researcher raised the theme juridic analysis of mediation for land dispute settlement, where the purpose of this research is about mediation efforts and the results of whether they can be accepted as a basis for changing certificates when faced with applicable legal regulations and what are the legal consequences of carrying out the mediation results by each party and the atr/bpn office. land certificate as the strongest evidence in indonesia, a certificate is a juridical instrument as proof of ownership of land rights issued by a state institution, in this case the government. land certificate is a letter of proof of title as referred to in article 19 paragraph (2) letter c of the bal for land rights, management rights, waqf land, ownership rights to flats and mortgage rights, each of which has been recorded in a registered land book (b. harsono, 2008). a land certificate is a certificate of land evidence which is valid as a strong means of proof regarding the physical data and juridical data containedin it, as long as the physical data and juridical data are in accordance with the data contained in the measurement certificate and land book concerned. the meaning of a land certificate is a formal document that is used as a sign and or juridical instrument as evidence of land ownership rights issued by the atr/bpn ri as a state institution/institution designated and authorized by the state to issue it. a certificate as a sign and or at the same time as evidence of land ownership rights is a legal product issued by the atr/bpn ri which contains physical and juridical data. this means, as long as it cannot be proven otherwise, the physical data and juridical data contained therein must be accepted as correct data, both in carrying out daily legal actions and in litigation in court (sumarja, 2018). certificates (land rights) are legal products issued by the atr/bpn ri which are used as evidence and a means of proving the rights of a person or legal entity (private or public) having rights over a plot of land land tenure rights under national law the right to control over land is a legal relationship that gives authority to do something to a legal subject (person or entity) against the object of punishment, namely the land under his control. the definitions of "mastery" and "control" can be used in a physical sense, as well as in a juridical sense, as well as in civil and public aspects (apriani, 2017). mastery in a juridical sense is control based on rights, which is protected by law and generally gives authority to the right holder to physically control the land being claimed, for example the land owner uses or takes advantage of the land being claimed, not to hand it over to another party. as for juridical control, even though it gives the authority to control land that is physically claimed, in reality the physical control is carried out by other parties. for example, a person who owns land does not use his own land but http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 488 issn print 2086-6852 and issn online 25985892 leases it to another party, in this case the land is legally owned by the land owner, but physically it is carried out by the land tenant. there is also juridical control which does not give authority to physically control the land in question. for example, a creditor (bank) holding a guarantee over land has juridical tenure over the land that is used as collateral), but physically the land ownership remains with the holder of land rights. juridical and physical control over land is used in the private aspect, while juridical control with a public aspect, namely land control as stated in article 33 paragraph (3) of the 1945 constitution and article 2 of the uupa (zainuddin, 2021). after the issuance of the uupa, many changes have occurred in terms of land rights. one of them is the conversion of land rights by the government. the converted land rights are not only land rights originating in western civil law but also land rights known in customary law such as ganggam bauntuak, bengkok, gogolan and so on. these rights were converted, because they were not in accordance with the soul of the national agrarian law, namely because of their feudal nature. there are still many people who do not understand about the conversion of land rights, this causes various problems in the community. based on the bal, the types of land tenure rights are divided into: 1. property rights property rights are rights that are hereditary, strongest and fulfilled. hereditary means that rights can be inherited without changing the position/degree of powerright; strongest means (a) the period of ownership is unlimited and (b) the right is registered and proof of said right is provided; fulfilled means (a) gives authority to the most extensive owner, (b) is the parent of other property rights, (c) is not parented to other things and (d) seen from its designat ion is unlimited. whereas by nature, the right to vote is distinguished from other land rights where the granting of this character does not mean that the right is an absolute, unlimited and inviolable right, this nature is very much contrary to the nature of customary law and the social function of each right. the words strongest and fulfilled are only intended to differentiate from usufructuary rights, building use rights, usufructuary rights and others, to show that among the existing land rights, property rights are the most powerful and fulfilled (juliandi & muda, 2018). the nature and characteristics of property rights are: (a) belonging to rights that must be registered according to government regulation no. 24/1997; (b) can be inherited; (c) transferable; (d) hereditary; (e) can be released for social purposes; (f) can be used as the parent of other rights; (g) can be used as collateral for a debt burdened with a mortgage right. those who can have this right are: (1) individuals, namely indonesian citizens and do not have dual citizenship (article 9, 20 paragraph (1) of the uupa); (2) certain legal entities, namely http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 489 issn print 2086-6852 and issn online 25985892 banks established by the state, agricultural cooperatives, religious bodies and social organizations (article 21 paragraph (2) uupa). while the acquisition of this right can be through: customary law, due to clearing of forests and emergence of tongues of land; determination of the government, due to the application and increase in rights; due to the law due to the conversion of articles i, ii and iv. the elimination of property rights based on article 27 of the uupa is: 1. the land belongs to the state, because: a. due to revocation of rights (article 18 uupa); b. released voluntarily by the owner; c. revoked in the public interest; d. the land is abandoned; e. the subject does not meet the legal requirements as an owner; f. the transfer of rights does not meet the legal requirements. 2. the land is destroyed, for example due to a landslide. 2. cultivation rights (hgu) provisions regarding hgu are formulated in pp no. 40 of 1996 concerning cultivation rights, building use rights and land rights, where the definition of hgu is the right to cultivate land directly controlled by the state within a certain period of time for agricultural, plantation, fishery or livestock business activities (article 28 paragraph (1 ) pp no. 40 of 1996). those who can own hgu based on article 30 uupa jo. article 2 pp no. 40 of 1996 are: a. indonesian citizens b. legal entity established according to indonesian law and domiciled in indonesia the hgu land area is for individuals a minimum of 5 ha and a maximum of 25 ha. meanwhile, for legal entities, the minimum area is 5 hectares and the maximum area is 25 hectares or more (according to the bal). provisions for the maximum area are not clearly defined but pp no. 40/1996 states that the maximum area is determined by the minister by taking into account the considerations of the competent authority. by comparing the authority of the decree on the granting of rights, such as the authority of the head of atr/bpn city/regency for a maximum of 25 ha, the kanwil atr/bpn for a maximum of 200 ha, above 200 ha is the authority of the minister of agrarian affairs/head of atr/bpn. the hgu period for the first time is a maximum of 35 years and can be extended for a maximum period of 25 years (article 29 uupa). meanwhile, according to article 8 pp no. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 490 issn print 2086-6852 and issn online 25985892 40/1996 stipulates that the hgu period for the first time is 35 years, extended for a maximum of 25 years and can be renewed for a maximum of 35 years. application for extension and renewal is submitted no later than 2 years before the expiration of the period. the nature and characteristics of hgu are: (a) rights that must be registered; (b) can be inherited; (c) transferable; (d) can be released for social purposes; (e) can be used as collateral with encumbrance rights; (f) has a time period; (g) can be based on other land rights; (h) the designation is limited. while the elimination of hgu can occur: (a) the period ends; (b) terminated prematurely due to unfulfilled conditions; (c) voluntarily released; (d) revoked in the public interest; (e) neglected; (f) the land is destroyed; (g) hgu holders do not meet the requirements. 3. right to use the definition of right to use is the right to use and or collect produce from land controlled by the state or land belonging to another person who gives the authority and obligations specified in the decision to grant the right or in an agreement with the owner of the land, which is not a lease agreement or land processing agreement. (article 41 paragraph (al) of the bal), the articles of use rights are: state land, land with management rights; and property rights. while the occurrence of right to use can be caused by: government stipulation (state land and management rights land); agreement of grant by the holder of ownership rights with a deed made by ppat; law, provisions regarding conversion. the subjects of the right to use are: (a) indonesian citizens; (b) a legal entity established according to indonesian law and domiciled in indonesia; (c) departments, non-departmental government institutions and regional governments; (d) religious and social bodies; (e) foreigners domiciled in indonesia; (f) foreign legal entities that have representatives in indonesia; (g) representatives of foreign countries and representatives of international bodies. the term of usage rights is: a. use rights over state land and management rights land for the first time a maximum of 25 years, can be extended for a maximum period of 20 years, and can be renewed for a maximum period of 20 years. specifically, usage rights owned by ministries, nondepartmental institutions, regional governments, religious and social bodies, courts of foreign countries, and representatives of international bodies are granted for an unspecified period of time as long as the land is used for certain purposes. b. the right to use land with a right of ownership has a maximum period of 25 years, there is no extension. however, upon agreement between the land owner and the holder of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 491 issn print 2086-6852 and issn online 25985892 usage rights, it can be renewed by granting new usage rights with a deed drawn up by the ppat and must be registered at the local atr/bpn office. 4. management rights management rights are land rights that give authority to the right holders to: a. planning the allocation and use of land; b. using land for own needs; c. handing over part of the land to a third party according to the conditions specified for the right holder which includes terms of designation, use, terms of time and finances. the nature and characteristics of the management right are: (a) classified as a right that must be registered; (b) non-transferable; (c) cannot be used as collateral for debt; and (d) has civil and public aspects. subjects holding management rights are legal entities established according to indonesian law and government agencies. land registration as legal protection and certainty the uupa states that land registration is carried out to ensure legal certainty. one of the land registration activities is the provision of letters proof of rights which are valid as strong evidence (article 19 of the uupa). in line with the uupa, pp no. 24/1997 states that the purpose of this land registration is for legal certainty and protection, providing information to interested parties, and the implementation of an orderly administration. for the sake of legal certainty, a certificate of land rights is issued. the goal of legal certainty over land rights is to provide legal protection to holders of land rights, (who owns it, whether or not there is a burden on it) and certainty regarding the object, namely its location, boundaries and extent as well as whether or not there are buildings, plants on it (nuraulia et al., 2019). land registration will have the effect of giving a certificate of proof of land rights which is commonly referred to as a land certificate to the party concerned and acting as a strong means of proof of the land rights he holds. based on article 32 paragraph (2) pp 24/1997, in the event that a parcel of land has been legally issued in the name of an individual or a legal entity that has acquired the land in good faith and legally actually controls it, then it can no longer demand the implementation of this right if within 5 (five) years from the issuance of the certificate. the data contained in the certificate consists of physical data and juridical data. this data is not only listed in the certificate, but also in the register at the land office. so that there should be no overlapping data in one plot of land that has been registered. the implementation of land registration can guarantee legal certainty if it fulfills the following requirements: 1) cadastral maps can be used for field reconstruction and the legal boundaries according to rights are drawn; 2) the measuring list proves that the right holder is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 492 issn print 2086-6852 and issn online 25985892 registered in it as a legal right holder according to law; 3) every right and transfer thereof must be registered. strength of evidence of land certificates the meaning or meaning of the word "strong" in this context must be juxtaposed with the absolute meaning (indefeasible) or inviolable, or absolute. so the meaning of strong meaning is not absolute or can still be contested. in other words, with the opportunity for the parties to file lawsuits against the holders of land title certificates, it can be concluded that the legal force of land title certificates is not absolute. it is this strong meaning that in the future or currently always creates legal issues for parties whose interests are harmed. the point is the understanding of the juridical power of the certificate of land rights that will be questioned. with regard to strong evidentiary strength, this certificate of land rights is said to be strong, meaning that it must be considered correct as long as it cannot be proven otherwise in court with other evidence. likewise, what was said by boedi harsono, that the letters proving the right are valid as a strong means of proof, meaning that the statements contained therein (by the judge) are true statements, as long as and as long as there are no other means of proof. which proves otherwise (a. b. harsono et al., 2022). for the issuance of certificates, a process is required involving the applicant, adjoining landowners, pamong desa or related agency parties to obtain explanations and letters as the basis for rights related to the application for the issuance of the certificate. explanations both oral and written from related parties have the opportunity for falsification, expiration and sometimes even incorrect or fictitious resulting in a legally disabled certificate. land certificates as evidence have been regulated in article 19 paragraph (2), 23 paragraph (2), 32 paragraph (2) and 38 paragraph (3) of the uupa, where to prove a deed one must have: 1. strength of formal proof, to prove that all parties agree that what is written is true. 2. strength of material evidence, to prove that the events written actually happened. 3. binding power, to prove that on that date in the deed concerned has appeared before a public official and explained what was written in the deed. because it involves a third party, it is stated that an authentic deed has the power of proving out. the land registration process carried out by the government (ministry of atr/bpn) will eventually make information in the land sector clear and transparent. the clarity and strength of the information published by this ministry will be related to what publication system we adhere to. in the explanation of pp no. 24/1997 states that the publication system in land registration in indonesia is a negative publication system where the government is passive, which applies in continental european countries. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 493 issn print 2086-6852 and issn online 25985892 the nature of proving a certificate as proof of rights is contained in article 32 of government regulation no. 24 of 1997, namely: 1. a certificate is a letter of proof of rights which is valid as a strong means of proof regarding the physical data and juridical data contained therein, as long as the physical data and juridical data are in accordance with the data contained in the measurement letter and the land book concerned. 2. in the event that a land parcel has been legally issued a certificate in the name of a person or legal entity that has acquired said land in good faith and actually controls it, then other parties who feel they have rights over said land can no longer demand the implementation of said rights if in within 5 years since the issuance of the certificate, he has not filed a written objection to the certificate holder and the head of the land office concerned, nor has he filed a lawsuit in court. the provisions of article 32 paragraph (1) pp 24/1997 are an elaboration of the provisions of article 19 paragraph (2) letter c, article 23 paragraph (2), article 32 paragraph (2), and article 38 paragraph (2) uupa, which contains that land registration produces a letter of evidence that is valid as a strong means of proof. based on the provisions of article 32 paragraph (1) pp 24/1997, the land registration publication system adopted in indonesia to date is a negative publication system, namely a certificate is only an absolute proof. this means that the physical data and juridical data contained in the certificate have strong legal force and must be accepted by the judge as true information as long as there is no other evidence or other parties that can prove otherwise. thus, it is the court that has the authority to decide which evidence is correct and if it is proven that the certificate is incorrect, changes and corrections will be made as appropriate. the provisions of article 32 paragraph (1) pp 24/1997 have weaknesses, namely the state does not guarantee the accuracy of the physical data and juridical data presented and there is no guarantee for the certificate owner because at any time they will get a lawsuit from other parties who feel aggrieved over the issuance of the certificate. therefore to cover up the weaknesses in the provisions of article 32 paragraph (1) pp 24/1997 and to provide legal protection to the owner of the certificate from claims from other parties and make the certificate an absolute proof. the provisions of article 32 paragraph (2) pp 24/1997, a certificate as proof of rights is absolute if it fulfills the elements cumulatively, namely: a) the certificate is legally issued on behalf of a person or legal entity b) land was acquired in good faith c) the land is actually owned. d) within 5 (five) years since the issuance of the certificate, no one has submitted a written objection to the certificate holder and the head of the local district/city land office or has filed a lawsuit in court regarding land tenure or certificate issuance. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 494 issn print 2086-6852 and issn online 25985892 the sentence above ultimately creates a lack of clarity over the provisions regarding the strength of certificate proof as strong evidence. because there are requirements that can be used as strong evidence of ownership of land rights, namely: 1) as long as the physical data and juridical data are in accordance with what is stated in the certificate; 2) during the 5 (five) years of issuance of certificates by individuals or legal entities in good faith, no party has filed a complaint. from the description above, it can be concluded that in fact indonesia adheres to a publication system that is not purely negative because it is emphasized that certificates are strong evidence. this is a characteristic of a positive publication system. conversely, the negative publication system does not use a rights registration system, the state does not guarantee the accuracy of the data presented. with a system like this, there will still be the potential for disputes over land rights, because even the laws and regulations in the land sector cannot guarantee the certainty of the rights of the holder of land rights from interference by other parties. because the data listed in the certificate can still be possible as incorrect data. change of the national land agency to the ministry of agrarian affairs and spatial planning/national land agency the history of institutional changes in the ministry of agrarian affairs and spatial planning/national land agency is divided into 2 (two) periods, namely: 1. the period before 1990 this period is divided into: 1960s at the beginning of the uupa, all forms of land regulations including government regulations were still issued by the president and junior minister for justice. this policy was adopted by the government because at that time indonesia was still experiencing a transitional period. 1965 in 1965 agrarian affairs was separated and made into an institution separate from the auspices of the minister of agriculture and at that time the minister of agrarian affairs was led by r. hermanses. s.h. 1968 in 1968, institutionally it underwent a change. at that time it was included in the ministry of home affairs under the name directorate general of agrarian affairs. during the 1968– 1990 period, it persisted without any institutional changes as well as regulations issued. 1988–1990 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 495 issn print 2086-6852 and issn online 25985892 in this period again experienced changes. the institution handling agrarian affairs was separated from the ministry of home affairs and formed into a non-departmental institution under the name of the national land agency which was then led by ir. at that time there was a significant change because it was the beginning of the formation of the national land agency. 2. the period after 1990 1990 during this period, he again underwent a change to become the state minister for agrarian affairs/national land agency which was still led by ir.soni harsono. at that time the addition of authority and responsibility to be carried out by the national land agency. 1998 this year it still uses the same format as the name of the state minister for agrarian affairs/national land agency. the changes that occur are only at the top leadership, namely ir. soni harsono is replaced with hasan basri durin. 2002–2006 in 2002 then underwent a very important change. at that time the national land agency was made a state institution. 2006–2012 from 2006 to 2012 atr/bpn ri led by joyo winoto, ph.d. with its 11 policy agendas within five years there has been no institutional change so that it remains in the previous format. 2012–2014 years on june 14, 2012 hendarman supandji was appointed as head of the national land agency of the republic of indonesia (atr/bpn ri) replacing joyo winoto. 2014–present on governmentpresident joko widodo created a new ministry calledindonesian ministry of agrarian affairs and spatial planning, until sinceoctober 27 2014, the national land agency is under the auspicesminister of agrarian affairs and spatial planning. the position of head of atr/bpn is held byminister of agrarian affairs and spatial planning ferry mursyidan baldan until july 24, 2016. currently the head of atr/bpn is held byhadi tjahjanto. the changes above are accompanied by changes in the position of atr/bpn, namely: a. presidential regulation number 10 of 2006 concerning the national land agency atr/bpn is a non-departmental government agency that is under and responsible to the president, led by the head of office. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://id.wikipedia.org/wiki/presiden_indonesia https://id.wikipedia.org/wiki/joko_widodo https://id.wikipedia.org/wiki/kementerian_agraria_dan_tata_ruang_indonesia https://id.wikipedia.org/wiki/kementerian_agraria_dan_tata_ruang_indonesia https://id.wikipedia.org/wiki/27_oktober https://id.wikipedia.org/wiki/2014 https://id.wikipedia.org/wiki/daftar_menteri_agraria_dan_tata_ruang_indonesia https://id.wikipedia.org/wiki/daftar_menteri_agraria_dan_tata_ruang_indonesia https://id.wikipedia.org/wiki/ferry_mursyidan_baldan https://id.wikipedia.org/wiki/ferry_mursyidan_baldan https://id.wikipedia.org/wiki/hadi_tjahjanto https://id.wikipedia.org/wiki/hadi_tjahjanto vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 496 issn print 2086-6852 and issn online 25985892 b. presidential regulation number 63 of 2013 concerning the national land agency of the republic of indonesia (revoke presidential decree no. 10 of 2006) atr/bpn is a non-ministerial government agency that is under and responsible to the president led by the head of office. c. presidential regulation number 20 of 2015 concerning the national land agency (revoke presidential decree 63 of 2013) atr/bpn is a non-ministerial government agency that is under and responsible to the president led by the minister of agrarian affairs and spatial planning. the change from a non-departmental body to being under a ministry provides stronger authority for atr/bpn to provide legal protection and certainty to rights-holders, because the head of atr/bpn is a state administrative officer who can make legal regulations that are final and binding on indonesian society in the land sector. included in this is the handling of land dispute resolution where the function of the atr/bpn is also the executor of the policy on these land disputes. mediation as an alternative dispute resolution dispute is one thing that can arise at any time in human life. disputes can occur from the family sphere to the legal sphere. since ancient times, dispute resolution has existed in the cultural setting of indonesian society as a pattern of dispute resolution based on deliberations, for example village meetings and customary density. in resolving legal disputes, there are several options in resolving legal disputes. the settlement of legal disputes that is most often carried out and best known by the public is the settlement of disputes through the courts. however, the settlement of disputes through the courts sometimes does not provide the settlement desired by both parties. dispute resolution in court is also known to take quite a long time and is quite expensive. to accommodate the wishes of these parties, several alternatives emerged to resolve disputes between the parties. some of these alternatives include: negotiation, mediation, early evaluation, expert opinion or judgment, fact finding,dispute review board, andoffice of special project facilitator. this alternative dispute resolution has several advantages, including fast and cheap, the control of the parties over the ongoing process and the results because parties who have an active interest in expressing their opinions, can resolve disputes thoroughly/holistically, and improve the quality of decisions produced and the ability the parties to accept. mediation, like other alternative dispute resolution, has developed due to the slow resolution of disputes in court. mediation emerged as a response to the growing dissatisfaction with the justice system which boils down to issues of time, cost and ability to handle complex cases. “mediation is not easy to define”(lomban, 2013). mediation is not something that is easy to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 497 issn print 2086-6852 and issn online 25985892 define. this is related to the very plural and unlimited dimensions of mediation. mediation does not provide a model that can be described in detail and differentiated from other decision-making processes.[12] in indonesian regulations, the notion of mediation can be found in article 1 point seven of supreme court regulation number 1 of 2008, namely the method of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator. apart from the regulations, there are several scholars who try to define mediation. gary goodpaster states that "mediation" is a process of negotiating problem resolution (disputes) in which an outside party, impartial, neutral, does not work with the disputing parties, helping them (the disputants) reach an agreement on a satisfactory negotiated outcome (suadi, 2018). from the explanation above we can see that there are fundamental elements of the definition of mediation, including: (1) there is a dispute that must be resolved; (2) settlement is carried out through negotiations; (3) negotiations are aimed at reaching an agreement; (4) the role of the mediator in assisting the settlement. there are several reasons why mediation is considered more profitable than resolving disputes in court, including: 1. economic factors, where mediation as an alternative dispute resolution has the potential as a means to resolve disputes that are more economical, both from a cost and time standpoint. 2. the scope factor discussed, mediation has the ability to discuss the problem agenda in a broader, comprehensive and flexible manner. 3. the factor of fostering good relations, where mediation that relies on cooperative resolution methods is very suitable for those who emphasize the importance of good relations between people (relationships), which have taken place or will come in the future. in mediation, there are two types of mediation which are reviewed based on the place of implementation, namely mediation in court and mediation outside the court. these two types of mediation are listed in supreme court regulation number 1 of 2008. in carrying out mediation in court, there are two stages that must be undertaken, namely the first is the initial mediation of litigation, namely mediation which is carried out before the subject matter of the dispute is examined and the second is mediation which is carried out in the principal examination, which is then divided into two, namely during the first level examination and during the appeal and cassation level. meanwhile, mediation outside the court is mediation that is carried out outside the court, then reconciliation occurs and is requested to the court to be strengthened in a peace deed (sukaenah & rusli, 2020). mediation often results in an agreement between the two parties so that the benefits of mediation can be felt. the benefits of mediation can still be felt even though sometimes mediation http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 498 issn print 2086-6852 and issn online 25985892 fails. this is because mediation then classifies issues and then narrows down the disputed issues. in resolving disputes, mediation has several advantages, including: 1. mediation is expected to be able to resolve disputes more quickly and cheaply compared to arbitration and courts; 2. mediation can improve communication between disputing parties and eliminate conflicts that almost always accompany forced decisions; 3. mediation will focus the parties on their real interests; 4. mediation raises awareness of the strengths and weaknesses of each party's position; 5. through mediation, hidden matters or issues related to the dispute can be discovered which were not previously realized; 6. mediation gives the parties control over the process and results of the mediation. settlement of disputes by means of mediation is then expected to be able to reduce the imbalance in the position of the parties as is felt if the dispute is resolved through a court or arbitration institution. in successful mediation, a dispute resolution agreement is produced which once signed will be binding and enforceable as befits a contract or agreement. in indonesia, the agreement resulting from mediation must be stated in written form. this does not only apply to mediation in court, but also to mediation outside the court. article 17 paragraph (1) of supreme court regulation number 1 of 2008 then states that if mediation results in a peace agreement, the parties with the assistance of the mediator must formulate in writing the agreement reached and signed by the parties and the mediator. then article 6 paragraph (6) of law number 30 of 1999 concerning arbitration and alternative dispute resolution (uu aaps) states that: "efforts to resolve disputes or differences of opinion through a mediator as referred to in paragraph (5) by upholding confidentiality, within a maximum period of 30 (thirty) day s must reach an agreement in written form signed by all parties concerned." if the mediation is carried out outside the court, according to article 6 paragraph (7) of the aaps law, a written agreement agreed upon by the parties must be registered at the district court no later than 30 days after the agreement was signed. in the event that the mediation is carried out in court, the judge can confirm the agreement as a deed of peace. the peace deed itself in article 1 point 2 of supreme court regulation number 1 of 2008 is defined as a deed containing the contents of the peace agreement and the judge's decision that strengthens the peace agreement which is not subject to ordinary or extraordinary legal remedies and that in order to strengthen the mediation decision, the written agreement agreed upon by the parties to the dispute should be embodied in an authentic deed and the deed has the power as perfect evidence in court, as stated in article 1868 of the civil http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 499 issn print 2086-6852 and issn online 25985892 code. and for this reason, the mediator is expected to be able to direct notary officials[16] to make a peace deed of settlement of land disputes and the results of the notary deed as material for registering the results of mediation at the local district court. atr/bpn conducts mediation for land dispute settlement one of the functions of atr/bpn as stipulated in presidential decree no. 20 of 2016 in article 3 letter f is the formulation and implementation of policies in the field of controlling and handling land disputes and cases. and in accordance with the legal provisions above that mediation is an alternative to dispute resolution, then in accordance with the regulation of the minister of agrarian affairs and spatial planning number 11 of 2016 concerning settlement of land cases (permenag 11/2016) in article 12 paragraph (5) for dispute or conflict resolution which is not the authority of the ministry, the atr/bpn can facilitate dispute or conflict resolution through mediation, which is further regulated more specifically in part four of permenag 11/2016 to be precise article 37 and so on. regarding land cases that are submitted to atr/bpn to ask for a settlement, if the disputing parties can meet, then it is very good if it is resolved through deliberation. in this settlement, the atr/bpn is often asked to act as a mediator in resolving land rights disputes in a peaceful manner with mutual respect for the disputing parties. in this regard, if the settlement by deliberation reaches a consensus, then it must also be accompanied by written evidence, namely from a letter of notification to the parties, minutes of meetings and further as proof of the existence of reconciliation set forth in a deed which, if necessary, is drawn up before a notary. it's just that since the regulation of the atr/bpn function, both in the regulation of the minister of agrarian affairs/head of atr/bpn number 9 of 1999 concerning procedures for granting and canceling state land rights, until the issuance of regulation of the head of atr/bpn number 3 of 2011 concerning management, the study and handling of land cases as well as the regulation of the head of atr/bpn number 12 of 2013 concerning examination of land and management rights, found the reality that the regulation was effective only as a "dead article" in the sense that it was not implemented by the atr/bpn bureaucracy itself. this is regrettable, considering that regulations have provided facilities, but implementation has been noted to be unproductive, as the author's observations and experiences come into contact with land officials due to reluctance, unwillingness, to political factors from the bureaucrats of the atr/bpn internal institution itself. now, the ministry of agrarian affairs is deregulating land disputes again, with permenag no. 11/2016 as a substitute for previous regulations in the field of land disputes. the minister of religion regulation 11/2016 has again encountered the reality of being ineffective in its http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 500 issn print 2086-6852 and issn online 25985892 implementation due to the lack of will from the executive agency in charge of "boarding" (one of the basic needs besides food and clothing), it is time for the ri atr/bpn to be completely overhauled in its true sense. . the heads of atr/bpn alternate, but the bureaucratic mentality within them tends to stagnate. in permenag 11/2016 it is stated that in the event that disputes and conflicts are not within the authority of the ministry of agrarian affairs, then atr/bpn can carry out a mediation process, if one of the parties to the dispute refuses mediation, then the settlement is left to the parties in accordance with statutory regulations. mediation for deliberation for consensus is carried out no later than 30 (thirty) days. mediation aims to: a) ensure transparency and sharpness of analysis; b) collective and objective decision-making; c) minimize lawsuits over the results of dispute and conflict settlements; d) accommodate information/opinions from all disputing parties, and from other elements that need to be considered; and e) facilitating the resolution of disputes and conflicts through deliberations. mediation participants consist of: (1) processing team; (2) ministry officials, atr/bpn regional office and/or land office; (3) mediators from ministry officials, atr/bpn regional offices and/or land offices; (4) parties and/or other related parties; and/or (e) experts and/or experts related to disputes and conflicts, related agencies and community elements, community/traditional/religious leaders, or agrarian and spatial planning observers/activists, as well as other elements, if necessary. mediation participants must receive an assignment from the ministry, except the parties. if one of the disputing parties cannot attend, the implementation can be postponed so that all disputing parties can attend. if after being properly invited 3 (three) times the disputing party does not attend mediation, then the mediation is canceled and the parties are welcome to resolve the dispute or conflict in accordance with the provisions of the legislation. for the implementation of the mediation, an agenda for mediation is prepared which contains: the main problem, chronology, description of the problem, and the results of the mediation, which are then signed by all parties and then given to all parties. if one of the parties is not willing to sign the mediation minutes, the unwillingness is recorded in the mediation minutes. but when the mediation reaches an agreement, a peace agreement is made based on the mediation report that binds the parties. the peace agreement is registered at the local district court registry so that it has binding legal force. in the event that one of the parties refuses to mediate or the mediation is canceled because he has not fulfilled the invitation 3 (three) times or has exceeded the time, the head of the land office issues a notification letter to the complaining party that the complaint or mediation has been completed accompanied by an explanation. and for settlements carried out in the realm of justice, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 501 issn print 2086-6852 and issn online 25985892 case handling is carried out in the context of litigation in civil or state administrative court proceedings, where the ministry is a party, both the defendant at ptun and as co-defendant at the district court. so that in this study it can be concluded that mediation for the settlement of land cases, based on permenag 11/2016 is one of its functions to provide legal certainty for applicants for legal justice and certificates issued by the ministry of atr/bpn are the only means of providing protection and certainty the law, because the certificate is an authentic deed protected by the uupa. and so that the results of the mediation have the strength of evidence, it is better to be made before a notary officer to make a peace agreement deed which will then be used for registration with the local district court. legal consequences of land dispute settlement process through mediation (case study of land dispute resolution in indramayu district). land boundary dispute in indramayu regency whereas in 2011, h. suharjo suyanto bought a plot of land from abdurrachman with an area of 600 m 2 which is located on jalan garuda, karangmalang village, indramayu district which is bordered by: the north side with the heirs of h. abdul gani; to the south with nuridjah's inheritance; west side with jalan garuda; east side with heirs of h. saien. and has been issued letter measurement / drawing limit no. 118 of 1982 from agrarian affairs dated may 14, 1982. however, because the land purchased by h. suharjo suyanto exceeded the proper limit, h. saein asked abdurrachman and h. suharjo suyanto for an explanation. because they felt that they had strong evidence, namely certificates owned by each party, the settlement asked for assistance from the atr/bpn office of indramayu regency to carry out a mediation process over land disputes for shm no. land. m.118/karangmalang, m.144/karangmalang and m.145/karangmalang. on october 16 2012, the mediation process was carried out in the meeting room of the atr/bpn office of indramayu regency attended by the parties (h. saein, h. suharjo suyanto and abdurrachman) and atr/bpn officials led by the head of disputes, conflicts and cases. the results of the mediation are as follows: 1. that h. sain received the measurement results from the land office even though there was a deficiency in area, after receiving an explanation from the head of the survey, measurement and mapping section; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 502 issn print 2086-6852 and issn online 25985892 2. both parties declare islah or peace by forgiving each other and the problem is declared resolved; 3. that both parties will check the boundaries of their respective land parcels facilitated by the head of karangmalang village as a kinship and with whatever result the two parties will accept each other and h. saein's complaint to the indramayu police will be revoked immediately. in this case, village officials had previously tried to facilitate the dispute over the land boundary but never found a solution because each party adhered to the correct size of the land on their respective certificates, therefore one of the parties made a legal complaint to the atr office. / bpn regarding this dispute where previously there had been a report to the police by one of the parties. departing from this complaint, based on the regulation of the minister of agrarian affairs/head no. 1 of 1999 concerning procedures for handling land disputes, the head of the atr/bpn of indramayu regency through the head of the dispute, conflict and case section (kasi) then facilitated the resolution of the dispute by bringing together the parties witnessed by atr/bpn officials at the atr/bpn office of indramayu regency . and the results of the mediation finally found a clear path in the form of an agreement of the parties which was embodied in a peace agreement and for that the atr/bpn office then carried out the results of the mediation decision by changing the certificate which was the object of the dispute. settlement of land disputes by atr/bpn according to legal regulations regarding settlement of land disputes, article 2 of permenag 11/2016 states that: (1) settlement of land cases, intended to: a. knowing the history and roots of disputes, conflicts or issues; b. formulate a strategic policy for resolving disputes, conflicts or cases; and c. resolve disputes, conflicts or cases, so that the land can be controlled, owned, used and exploited by the owner. (2) settlement of land cases aims to provide legal certainty and justice regarding control, ownership, use and utilization of land. the handling of land dispute cases is based on: a. initiatives from the ministry (the role of the press and the regional government is important as news reporters and as reporters besides the internal monitoring function of the ministry of agrarian iłu itself); in carrying out dispute and conflict resolution based on initiatives from the ministry, the ministry carries out monitoring to find out disputes and conflicts that occur in a certain area, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 503 issn print 2086-6852 and issn online 25985892 routinely by the head of the land office, head of the atr/bpn regional office or the director general of complaints or news in newspapers regarding disputes and conflict. in terms of monitoring results need to be followed up, the minister or head of the atr/bpn regional office instructs the head of the land office to carry out dispute and conflict resolution activities b. community complaints. in carrying out dispute or conflict resolution based on public complaints, the ministry accepts complaints related to disputes and conflicts from the public. complaints referred to above are submitted to the head of the land office in writing, through the complaint counter, mailbox or the ministry's website. in the event that a complaint is submitted to the atr/bpn regional office and/or the ministry, the complaint file is forwarded to the head of the land office. the complaint mechanism is as follows: the complaint must contain at least the identity of the complainant and a brief description of the case, and must be accompanied by a photocopy of the identity of the complainant, a photocopy of the identity of the attorney and the power of attorney if authorized, as well as supporting data or evidence related to the complaint. (complaints are made according to the format as stated in appendix i of the minister of trade regulation 11/2016); complaints that have fulfilled the requirements received directly through the complaint counter, the complainant is given a complaint acceptance letter. in the event that the complaint file does not meet the requirements, the officer returns the complaint file to the complainant by notifying the complaint file in writing of the incompleteness. (letter of acceptance of complaints is made according to the format as stated in appendix ii of permenag 11/2016.) after the complaint is received, the officer responsible for handling the complaint conducts an examination of the complaint file. in the event that the complaint file meets the requirements, the officer submits the complaint file to the official responsible for handling disputes, conflicts and cases at the land office, which then the said official administers the said complaint into the complaint acceptance register; each progress of dispute, conflict and case settlement is recorded in the dispute, conflict and case settlement register by attaching evidence of the intended progress and/or data administration is carried out through the dispute, conflict and case information system. progress of dispute, conflict and case settlement is reported to the head of atr/bpn regional office once every 4 (four) months and copied to the minister. the information http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 504 issn print 2086-6852 and issn online 25985892 system is integrated between the ministry, the atr/bpn regional office and the land office, and is a sub-system of the ministry's data and information center. based on the results of monitoring and/or complaints that have been administered, officials responsible for handling disputes, conflicts and cases at the land office carry out based on the results of monitoring and/or complaints that have been administered, officials responsible for handling disputes, conflicts and cases on the land office conducts data collection activities, which can be in the form of: a. physical and juridical data; b. judicial decisions, minutes of investigations from the indonesian national police, the indonesian attorney general's office, the corruption eradication commission or other documents issued by law enforcement agencies/agencies; c. data issued or published by an authorized official; d. other data that is related and can influence and clarify the issues of disputes and conflicts; and/or e. witness statement. officials who are responsible for handling disputes, conflicts and cases at the land office, then carry out: a) validation of data whose truth is stated by the official or institution issuing or matching with the original document; b) requests for witness statements as outlined in the minutes, in the event that the data obtained originates from witness statements. after carrying out the data collection activities, the official conducts an analysis to find out whether the complaint is the authority of the ministry or not the authority of the ministry. the disputes or conflicts that are under the authority of the ministry of atr/bpn include: a. procedural errors in the process of measuring, mapping and/or area calculations; b. procedural errors in the process of registration, confirmation and/or recognition of rights to former customary land; c. procedural errors in the process of determining and/or registering land rights; d. procedural errors in the process of determining abandoned land, e. overlapping rights or certificates of land rights where one of the rights bases clearly has an error (aka multiple certificates, as is often found in practice); f. overlapping rights or certificates of land rights where one of the rights bases clearly has an error (aka multiple certificates, as is often found in practice); g. procedural errors in the process of maintaining land registration data; h. procedural errors in the process of issuing a replacement certificate; i. errors in providing land data information; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 505 issn print 2086-6852 and issn online 25985892 j. procedural errors in the permit granting process; k. misuse of space utilization; or l. other errors in the application of laws and regulations. disputes and conflicts other than the above are not the authority of the ministry and are the authority of other agencies, although in point (1) above, there are "other errors in the application of laws and regulations" which are quite biased in meaning: in the event that disputes and conflicts fall under the authority of the ministry of agrarian affairs, the officials responsible for handling disputes, conflicts and cases report the results of data collection and analysis results to the head of the land office. in the event that disputes and conflicts are not under the authority of the ministry, the official responsible for handling disputes, conflicts and cases shall submit a written explanation to the complaining party, including a statement that the resolution of the dispute and conflict shall be handed over to the complaining party. in the event that disputes or conflicts are not under the authority of the ministry, the ministry may take the initiative to facilitate the resolution of disputes or conflicts through mediation. after receiving the report, the head of the land office submits the results of data collection and analysis, to: a. head of atr/bpn regional office, in terms of decisions on granting rights, conversion/affirmation of recognition, cancellation of land rights that are the object of disputes and conflicts issued by the head of the land office; or b. minister, in terms of: l) decisions on the granting of rights, conversion/affirmation/recognition, cancellation of land rights or designation of abandoned land which are objects of disputes and conflicts are issued by the head of the atr/bpn regional office or the minister; and/or 2) disputes and conflicts are included in certain characteristics, including: a. become the public's attention; b. involving many parties; c. have high value both in terms of social, cultural, economic, public interest, defense and peace; and/or d. request from the competent authority or law enforcement agency. after receiving the results of data collection and analysis results, the head of the atr/bpn regional office or the minister instructs the officials responsible for handling disputes, conflicts and cases to follow up on the settlement process. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 506 issn print 2086-6852 and issn online 25985892 in the event that there is a dispute or conflict that needs to be handled by the team, the head of the atr/bpn regional office or the minister may form a dispute and conflict resolution team no later than 7 (seven) working days after receiving the results of data collection and analysis results from the land office. the official responsible for handling disputes, conflicts and cases or the dispute and conflict resolution team prepares a land case settlement report, and submits a land case settlement report to the head of the atr/bpn regional office or the minister. after receiving the dispute and conflict resolution report, the head of the atr/bpn regional office or the minister resolves the dispute and conflict by issuing: a. decision on cancellation of land rights; the decision to cancel land rights, takes the cancellation of land rights, proof of rights and other general lists related to said rights. while the decision to cancel the certificate, takes the cancellation of the proof of rights and other general lists related to the right, and not the cancellation of the land rights for example the cancellation of a certificate that takes multiple certificates that are invalid. b. certificate cancellation decision; c. decision on changes in data on certificates, measurement letters, land books and/or other public registers; decision on change of data which causes the need for additional data in the decision on the granting of rights or the decision on conversion/affirmation/acknowledgement, then: minister, make improvements to the decision to grant rights; head of regional office, make improvements to the decision to grant rights or decision on the conversion/affirmation of the recognition of the said right. d. notification letter that there is no administrative error as referred to in article 11 paragraph (3). issuance of a decision is made no later than 7 (seven) working days for the head of atr/bpn regional office, or no later than 14 (fourteen) working days for the minister, since the dispute and conflict resolution report is received. in the case of above one parcel of land there are overlapping certificates of land rights. the minister or the head of the atr/bpn regional office according to their authority issues a decision to cancel overlapping certificates, so that there is only 1 (one) valid certificate of land title on the plot of land. the decisions mentioned above are submitted to the head of the land office accompanied by the dispute and conflict resolution files in accordance with the cancellation authority. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 507 issn print 2086-6852 and issn online 25985892 in terms of the resolution of disputes and conflicts in the form of issuance of a decision to cancel land rights or a decision to cancel a certificate, the implementation is carried out in accordance with the cancellation authority. the authority to cancel consists of: a. minister, for the granting of rights whose decisions are issued by the minister or the head of the atr/bpn regional office, and disputes and conflicts with certain characteristics as described above; b. head of atr/bpn regional office, for the granting of rights whose decisions are issued by the head of the land office (which is done on behalf of the minister and reported to the minister within 7 (seven) working days from the issuance of the cancellation decision). issuance of a decision to annulment by the head of the atr/bpn regional office or the minister who resolves disputes and conflicts by issuing a decision on the cancellation of land rights or a decision on cancellation of certificates, does not mean to eliminate/increase land rights or other civil rights to the parties. basically, decisions to settle disputes or conflicts regarding decisions to cancel land rights, decisions to cancel certificates, decisions to change data on certificates, measurement papers, land books and/or other public registers, or notification letters that there are no administrative errors, are carried out by the head of office. land. for decisions in the form of cancellation of land rights, cancellation of certificates or changes in data, the head of the land office instructs the authorized official to notify the parties to submit certificates of land rights and/or other related parties within a maximum period of 5 (five) working days . in the event that the time period expires and the parties do not submit the certificate, the head of the land office makes an announcement regarding the cancellation of land rights, cancellation of certificates or changes in data, at the land office and local village hall/kelurahan office within a period of 30 (thirty) days, which after iłu the head of the land office orders the competent authority to follow up on decisions regarding cancellation, change of certificate data, or so on. for decision: a. cancellation of land rights, officials who have the authority to make records regarding the cancellation of decisions on granting rights, certificates, measurement letters, land books and other public registers, in certificates of land rights, land books and other public registers. b. cancellation of certificates, officials who have the authority to record the cancellation of rights on certificates, land books, and other public registers. c. changes to data on certificates, authorized officials make improvements to certificates, measurement letters, land books or other public registers. after repairs are made, the certificate is given back to the right holder or a replacement certificate is reissued. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 508 issn print 2086-6852 and issn online 25985892 decisions regarding the cancellation or change of data on the certificate must be implemented unless there is a valid reason to delay its implementation. legal consequences of mediation for land dispute resolution permenag 11/2016 states that mediation by atr/bpn can be carried out for disputes that are not related to the authority of the ministry of agrarian affairs or other ministries, for example disputes between residents due to physical possession that is not in accordance with the certificate (this revokes the authority to mediate for land disputes involving ministries in accordance with permenag/kbpn 1/1999). and the results of the mediation are embodied in the minutes/minutes of land dispute resolution which are then followed up by reporting to the local atr/bpn office to make a peace agreement deed which is binding on all parties. that the results of the mediation can be accepted or rejected and for this reason, whatever the results must be stated in the minutes of mediation, and in this case the function of the atr/bpn is as a mediator, for this purpose it only facilitates the wishes of the disputing parties. if in this case mediation has been carried out and the disputing parties are willing to make peace, as in land dispute resolution in indramayu regency, then the minutes of the mediation are then reported to the head of the atr/bpn office for the parties to the dispute to make a peace agreement. and the peace agreement was then registered with the registrar of the local district court to be considered as a form of inkracht decision (rudianto & roesli, 2019). meanwhile, if one of the parties disagrees with the results of the mediation or does not come to fulfill the mediation invitation for 3 (three) times, then it will be stated in the minutes of mediation and reported to the head of the local atr/bpn office to follow up on giving advice to the parties to continue settlement of disputes in court. as a dispute resolution decision, the peace deed that has been registered with the local district court clerkship is binding for all parties (both the parties and other parties affected by the decision), then the legal consequences of the peace agreement deed that has been registered and for those that have received approval from the head of the local district court can be used as a legal basis for the atr/bpn office to make changes to the certificate (either changing or repairing it) after the previous measurement has been carried out as part of the mediation process. this is the same as what was done by the atr/bpn office of indramayu regency when handling land boundary disputes between h. sain, h. suharjo suyanto and abdurrachman where based on the mediation results the parties agreed to change the land area in each of these certificates and settle the dispute, including the revocation of the police report. as a conclusion, the legal consequences of the mediation results, if the parties agree, it is binding for the head of the local atr/bpn to follow up on changing the certificate (either http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 509 issn print 2086-6852 and issn online 25985892 changing or repairing it) which then the certificate will be handed over to the right holder. meanwhile, if one of the parties disagrees with the mediation process, land dispute resolution is carried out in court. 4. conclusion mediation for the settlement of land cases, based on permenag 11/2016 is one of its functions to provide legal certainty for applicants for legal justice and certificates issued by the ministry of atr/bpn are the only means of providing protection and legal certainty, because certificates it is an authentic deed that is protected by the uupa. and so that the results of the mediation have the strength of evidence, it is better to be made before a notary officer to make a peace agreement deed which will then be used for registration with the local district court. the legal consequences of mediation carried out by atr/bpn officials, if the parties agree, are binding for the head of the local atr/bpn to follow up on changing the certificate (either changing or repairing it) which then the certificate will be handed over to the right holder. meanwhile, if one of the parties disagrees with the mediation process, land dispute resolution is carried out in court. references apriani, d. 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(2018). juridical studies on the communal rights of land according to agrarian law in indonesia. jl pol’y & globalization, 71, 167. zainuddin, z. (2021). right to own land by the state in the frame of constitutional law. randwick international of social science journal, 2(2), 46–57. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 33 notary liability that does not pay bea acquisition of land and building for application process rights to building akta kusuma wijaya jati narotama university, surabaya e-mail: akta.kusuma@gmail.com abstract purpose of this paper is to determine whether the notary authorized to make the deed of release and granting of land rights and whether notary authorized to receive money deposits that are deposited from client bphtb. the conclusions are as follows: notaries have the authority to make the deed land rights, the release of land rights held, whereas subjects that require land does not qualify to be the holder of the rights to the land necessary so it can not be obtained with the purchase and land-rights holders are willing to relinquish their land rights. pt. pawnshops do not qualify as holders of land titles it releases, so the release was not carried out in the presence of ppat, but in the presence of a notary as public officials who have the authority a deed covenant (covenant waiver of land on ownership status). notary authorized to receive money deposit bphtb deposited from client, given notary as a public official in increasing source of state revenues from taxes, notary also plays a major role because they are assigned to investigate had paid income tax (vat) of revenue as a result of transfer of rights over land and customs acquisition land and building before a deed, this means that if client are not paying taxes to the tax administration, client can leave a notary public also plays a major role because they are assigned to investigate had paid taxes due to the transfer of rights over land and customs acquisition rights to land and building. keywords: accountability, notary and, tax on acquisition of land and buildings. 1. introduction privileges notary a deed of land of which made the treaty sale and purchase agreement (hereinafter abbreviated spa), as well as the release of land rights, which is released into the ground state, because those who release did not have the right to buy a plot of them because of a legal entity that is not given authority to acquire land ownership status as article 21 paragraph (1) of the constitution of the republic of indonesia number 5 of 1960 on basic regulation of agrarian (hereinafter abbreviated as bal). notary a deed cspa / waiver of the land in question for the filing requirements for the right on state land which included an obligation to the applicant to pay the money to the state treasury, through a notary found to be used be used for private purposes, and the non-payment of fees ssb / bphtb / taxes purchase , then the process of transferring the certificate name broking no. 13 can not be processed into the name of the buyer's name, as the following case: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 34 in april 2011, pt. pawnshops intend to buy a plot of land to build a branch office in the area of sukawati, gianyar. then there are deals and landowners on behalf of ni luh kompiang wedanti (seller) who intend to sell the land area of 700 m2 in accordance shm 256 / village singapadu. pt. pawnshops represented by sundoyo to the office of notary / ppat us, sh, m. hum to transact the sale and purchase. on june 28, 2011, made a binding deed of sale and purchase agreement (spa) no. 14 and agreed the sale of the land is rp. 2.75 billion, (two billion, seven hundred and fifty million rupiah). there was a problem regarding the extent of land to be sold, then the seller is asking to do, from 700 m2 to 600 m2. it was approved by the board of directors of pt. pawnshops, which was made addendum to the spa, in the addendum wide agreed to be sold is 600 m2 at a price of rp. 2.35 billion, (two billion three hundred and fifty million rupiah). not long after, ni luh kompiang wedanti implement fell heir to i wayan natih, so terbitlah shm no.3097 / village singapadu on behalf of ni luh kompiang wedanti and ni wayan warti. due to a decrease in the right already finished, then pt. pawnshops settle the remaining payment of rp. 1.600.000.000, (one billion six hundred million rupiah) in accordance with the deed of the spa. at the request of the notary / ppat us, sh, m. hum, the costs to be incurred by pt. pawnshops for the certification process or behind the name in accordance with the letter number 371 / ppat / ixi2011 rp. 149 000 000, (one hundred and forty-nine million rupiah). apparently, notary / ppat us, sh, m. hum does not pay the money to the state treasury, because it has been used for personal gain. with the non-payment of fees sliptax on acquisition of land and or building (ssb/ bphtb / taxes purchase), then the process of transferring the certificate name broking no. 13 can not be processed into the name of pt. pawnshops and now still in the name of dra. ni luh kompiang wedanti and ni wayan warti. 2. writing method researchis normative, ie research that is focused on reviewing the application of the rules or norms of positive law. therefore, the research is intended to analyze the legislation, expert opinion and review the related position as official notary public. thethe theories and concepts used in this research is the theory of the authority, the authority theory, theory of occupation. 1. authorities theory terms authority or authority has the meaning of authority possessed by an institution to do something or not do something. according to robert biersedt that the authority is"institutionalizedpower institutionalizedor authority." thus the factual level between jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 35 the powers of the authority is one side of the same coin, they are distinguishable but inseparable. furthermore quoted firmansyah arifin that the term of authority or authorities to be aligned with the"authority"in english or"bevogheid"in dutch. in the dictionary of black lawdictionary,states that authority as a"legalpower: a right to command or to act, the right and power of public officers to require obedience to reviews their orders lawfully issued in the scope of reviews their publicduties".(translation: the rule of law: is a right to command or to act, rights and powers of public authorities to comply with environmental laws in their public obligations). here the authority is identified with the rule of law(legalpower),the power to act or not to act according to the law within the limits of their authority run public authorities. 3. discussion deed by pitlo is "a letter signed, have been taken to be used as evidence, and to be used by the people, for the purposes of whom the letter was made." according to sudikno mertokusumo, "the deed is a letter by the signature, which includes events into basis rather than a right or engagement made since the original intentionally to proof ". deed is a letter, signed, loading events legal acts and used as proof. in contrast to subekti, he expressed different certificate with a letter, explaining that the word "certificate" does not mean the letter, but must be interpreted with legal actions, derived from the word acta which in french means action. deed in the form of a letter, which indicates that the certificate must be made in writing. the deed as evidence of an agreement made in writing made by deed under the hand and even made byact, authenticwhich indeed made such deed requires regulation in the form ofdeed. an authentic subekti above in providing a sense deed further highlight on the content of the deed, which contains legal acts made by the parties. the legal act embodied in a writing that is used as the evidence of a bond. therefore contains a legal action between the parties and be used as evidence, the letter although made in written form, but because it does not contain any legal act, then the text can not be termed as a deed, but only regular mail. according to victor m. situmorang, this means that the definition of deed is: 1. deeds handeling/ legal acts(rechtshandeling)in a broad sense, and 2. a posts made to be worn / used as evidence ofact, the legal namely in the form of writings submitted to proving something. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 36 3.1. privileges notary deed make acta and granting rights to land in previous descriptions mentioned that waiver because the buyer does not qualify as a buyer as a condition of the sale and purchase of material, therefore do not have the authority to make the ppat deed of waiver. waiver of land, plot maps to be transferred to another party based deed of waiver of land without minuta. subject minutes of the original deed or deed of notary, is one of the obligations of the notary in the running position. subject notary in the line of duty, should be guided by the law notary and notary code of ethics. both have been with the detailed rules for the authorities, obligations and prohibitions for notaries. 1. notary authority, according to article 15 of law no. 2 of 2014 in conjunction with law no. 30 of 2004 is made the authentic act of the deeds, agreements and statutes that are required by legislation and / or desired by the stakeholders to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, giving grosse, copy, and official copies all of it throughout the manufacture of the deed was not also be assigned or excluded to other officials or any other person specified by law. 2. notary also has authority to: a. to validate signatures and set a firm date in the letter under the hand by enrolling in special books; b. letters posted under the hand by enrolling in special books; c. make copies of the original letters under the hands of the copy that contains a description as written and illustrated in the letter in question; d. approve their suitability photocopy and the original letter; e. providing legal counseling in connection with the deed; f. a deed relating to land; or; g. creating a treatise deed auction. 3. in addition to the authority referred to in paragraph (1) and (2) notaries have other powers stipulated in the legislation. notary authority to be determined is the authority that will arise or be determined by legislation. in this regard needs to be given the limits of the legislation in question. these limits can be seen in the provisions of article 1 paragraph 2 of the law of the republic of indonesia number 12 of 2011 concerning the establishment regulation legislation is written statutes containing legal norms binding in general and formed or defined by state agencies or competent authorities through the procedure set out in legislation. based on jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 37 the above, that the authority of the notary to be determined that the regulations established by the state agency generally binding. broadly speaking, the notary authority under article 15 of law no. 2 of 2014 in conjunction with law no. 30 of 2004 can be divided into general authority notary, notaries special powers and authority of the notary to be determined later. under law no. 2 of 2014 in conjunction with law no. 30 of 2004, it appeared as a notary public officials acquire attribution of authority, because authority is created and given by law no. 2 of 2014 in conjunction with law no. 30 of 2004 itself, so it does not come from other agencies such as the ministry of justice and human rights. in connection with the notary authority in the running of their office, notaries are only allowed to do his post in the area of domicile. thus, notaries are required to have only one office and with only one office, it means that the notary is prohibited have branch offices, representatives and / or other forms. besides the notary is not authorized to regularly run outside his domicile. that is as far as possible notarial deed was held in the office of notary except manufacture of certain deeds. if this is violated, then the deed made by the notary is not authentic and only have the power as a deed under the hand. the authority notary a deed transfer of rights on land owned by the state on the basis of a waiver by the developer, which means in relation to the authority of the notary a deed relating to land as article 15 paragraph (2) letter f uujn, this means that notaries have the authority to make deed transition map based plot deed of waiver of land. based on the description and discussion related to the authority of the notary a deed release and granting of land rights can be explained that the waiver of the land done, whereas subjects that require land does not qualify to be the holder of the rights to the land necessary so it can not be obtained with the purchase and holders rights to land are willing to relinquish their land rights. pt. pawnshops do not qualify as holders of land titles it releases, so the release was not carried out in the presence of ppat, but in the presence of a notary as public officials who have the authority a deed covenant (covenant waiver of land on ownership status). the authority of the notary make land deed is in line with the provisions of article 15 paragraph (2) letter f uujn-change that in addition to the authority referred to in paragraph (1), notary authorities also made a deed relating to land. this means that notary having authority a deed waiver of land between pt. pawnshops with holders of land rights on ownership status notaries have the authority to make the deed land rights, the release of land rights held, whereas subjects that require land does not qualify to be the holder of the rights to the land necessary so it can not be obtained with the purchase and land-rights jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 38 holders are willing to relinquish their land rights. pt. pawnshops do not qualify as holders of land titles it releases, so the release was not carried out in the presence of ppat, but in the presence of a notary as a public official who has the authority a deed covenant (covenant waiver of land on ownership status) tax on acquisition of land and building (bphtb), initially set in the law of the republic of indonesia number 21 year 1997 on customs acquisition of land and buildings (official gazette of the republic of indonesia number 44, supplement to the state gazette of the republic of indonesia number 3688) as amended by republic act indonesia number 20 year 2000 on the amendment of act no. 21 of 1997 on customs acquisition of land and buildings (official gazette of the republic of indonesia number 130, supplement to the state gazette of the republic of indonesia number 3988) then these laws repealed by the law of the republic indonesia number 28 year 2009 on regional taxes d an retribution (law no. 28/2009) in accordance with the provisions of article 180 paragraph (6) of law no. 28/2009). bphtb interpreted as a tax on acquisition of land and / or buildings. bphtb including one type of local taxes in accordance with the provisions of article 2, paragraph (2) letter k that tax type district / municipality comprised of bphtb, the object consists of acquisition of land and buildings, including the transfer of rights for the sale and purchase; exchange; grant; grant probate; inheritance; inclusion in the company or other legal entity; separation of rights resulting transition; designation buyers in the auction; the implementation of the verdict which has permanent legal force; merger; consolidation; business expansion; or gifts, granting new rights for the continuation of a waiver; or outside waiver. rights to the land in question is proprietary; cultivation rights; building rights; use rights; ownership of the apartment units; and management rights esuai with article 85 of law no. 28/2009. tax subject customs acquisition of land and building is a private person or agency that obtaining the right to land and / or buildings. taxpayers customs acquisition of land and building is a private person or agency that obtaining the right to land and / or building in accordance with article 86 of law no. 20/2009. transfer of rights to land based on the transaction can not be separated from the participation of the officials who have the authority to make the deed transfer of land rights that deed official land (ppat) as defined by article 37 paragraph (1) of government regulation no. 24 of 1997 on land registration ( regulation no. 24 of 1997) that the transition of land and property rights to the apartment units through purchase, exchange, donation, inclusion in the vendor and other legal acts of transfer, unless assignment through auction can only be registered if evidenced by certificates jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 39 made by ppat authorized under the provisions of the legislation in force. bphtb is a source of local revenues and spearheading bphtb tax collection is ppat as the party that has the authority to make evidence of the transition of land rights. regarding the transfer of land rights bphtb taxable value of the transaction based on the regional regulation of each regency / city, but in essence that the directorate general of taxation has stressed that the limit value of transactions that should not be burdened bphtb rp60,000,000.00 (sixty million rupiahs) down, which means that the tax burden is the value bphtb transfer of land rights object more than rp 60,000,000, (sixty million rupiahs). this problem needs to be solved because of the imposition bphtb at low transaction values will depress purchasing power of poor people who wanted to have occupancy. but on the basis of the publication of bphtb not only a deed made before ppat as a deed of transfer of right, because as defined in article 103 of agrarian candy head of bpn no. 9 in 1999, the release of land rights aktanya notary also incurred the obligation to pay bphtb 3.2. responsibility notaries in civil upper unpaid bphtb and money into cash countries associatedwith a notary that us, sh, m. hum a notary to denpasar bali has made ppjb on plot of 700 m2 in accordance shm 256 / village singapadu between client ni luh kompiang wedanti (seller) who intend to sell the land area. pt. pawnshops, against the deed of waiver was made not to cause problems, the problem arises because the us, sh, notary m.hum not pay the money deposited from pt pawnshops to pay bphtb found to be used for us interests, sh, m. hum own. linked to the obligation in the implementation of other tasks that the obligations as stipulated in article 16 paragraph (1) uujn that the notary in carrying out his duty to act trustworthy, honest, thorough, independent, impartial, and safeguard the interests of those involved in the act of law, notary us , sh, m. hum which a deed release of rights and receive payments bphtb custody, was not paid so in a deed was not independent and impartial, because it is influenced by the obligation to pay bphtb client. notary in carrying out his dishonest, because bphtb deposited is not paid to the tax administration, resulting in pt pawn (persero) suffered a loss, the notary may be sued for damages on the grounds has committed an unlawful act. change losses recognized in the civil code, which occurs because of the broken promise or breach of contract and for their tort or onrechmatige daad.gugatan damages incurred due to illegal acts, defined in article 1365 of the civil code, which specifies: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 40 "any action against the laws, which bring harm to another person, require a person who because of his fault publish those losses, replace these losses ". if the provisions of article 1365 of the civil code of the above, there is the element the element as follows: 1. the act of unlawfully(onrechtmatigedaad); 2. there must be a mistake; 3. there must be losses; 4. the causal relationships between actions and loss. unlawful act consists of two words that act and against the law. according riduan syahrani unlawful act, namely: "to do or not do violate the rights of others, or contrary to the legal obligations of those who do it themselves, or are contrary to morality or caution traffic as appropriate within the community, to themselves or belongings goods of others ". do or not do, which means that an unlawful act is either intentionally or unintentionally commit unlawful acts both written and unwritten. us, sh, m. hum., as a notary in running post a deed waiver and receive care bphtb as he made the deed waiver requirements, so that if in the office running dishonest and biased, it can be said to have committed unlawful acts that violate uujn. therefore, the elements must exist against the law have been met. the notary action said to have been contrary to the legal obligations of the creator, that is in violation of obligations based on the law, both written and unwritten. notary in making authentic act and the requirements made authentic deed the deed of waiver must first pay the spa, should be subject to the rules in uujn, and if the notary a deed waiver and pay bphtb, which means it can be said the notary a deed waiver in the form of the spa without prior notice requirement waiver certificates made, it can be said to violate the obligations of the notary deed as authentic. tort that violates someone's right if it is associated with the profession of notary notary can be said to do an unlawful act if the notary in performing his respective duties intentionally perform an act that is detrimental to either or both parties or the parties who appear before them in the creation of a deed and it really can be seen that the notary acts contrary to the law notary can be held accountable by the construction of a tort. included in tort if the notary who has the task of providing services to people or people who need his services in the drafting or preparation of a deed, then in the deed contained a clause which is contrary to the law so as to cause harm to others while the parties client altogether do not know, then with passivity and silence the notary in question can be accounted for through tort. this can happen because the notaries have jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 41 less knowledge(onvoldoendekennis);experience less(onvoldoendeervaring);and / or have less understanding(onvoldoendeinzicht). the element must be a mistake. subject fault in tort, in civil law does not distinguish between errors caused by willful perpetrator, but also because of negligence or carelessness, her perpetrator. this provision is in accordance with that proposed by riduan syahrani as follows: "does not distinguish between intentional and errors in the error in the form of lack of caution". notary who has made a deed of waiver, but the deed was created when client ineligible bphtb payments, which means that these actions done deliberately. this means that the element must be a mistake has been fulfilled. the element must be a loss. according riduan syahrani, concerning damages in tort, "can be any material losses and loss can be immaterial". losses in the form of material, namely loss amount can be calculated, whereas immaterial damages, the amount can not be calculated, for example, his reputation tainted, causing death. notary who has a deed that is not in accordance with the procedure (deed of waiver was made without first paying bphtb) is, and in carrying out its activities as a notary lead others in this case pt pawn (persero) suffered losses of rp 149 million (one hundred and four twentynine million rupiah). so that the element must be a loss incurred has been fulfilled. the existence of a causal relationship or a causal relationship means that losses are incurred or caused by the unlawful act committed by the offender. this is consistent with the proposed riduan syahrani quoting von kries theory as follows: "the new thing can be called a cause of an effect, if, according to people's experiences can be presumed that because it will be followed by the result." this means that if there is a cause, but because it does not cause a loss or incurred a loss, but not caused by the offender, it can not be said to be the existence of a relationship between the cause of action with losses. us, sh, m. hum a deed bphtb whereas his waiver has not pay (paid but used for private purposes notary) resulted pt pawn (persero) suffered losses. this means that the element must be a causal relationship between the act with the loss incurred has been fulfilled. if the notice the description above can be explained that a claim for damages on the basis of tort if the perpetrators commit acts that fulfill all elements of article 1365 of the civil code. as to who is required to prove the existence of an unlawful act, pursuant to article 1865 of the civil code determines: "everyone who argues that he has a right, or in order to confirm its own right and denied a right of others, refers to an event, required to prove their rights for the incident ". this means that within a tort, which is required to prove the existence of an unlawful act is the party whose rights have been violated must prove that the rights have been violated by others. therefore if the parties feel that their jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 42 rights are impaired, but can not prove the infringement because one element is not fulfilled, the claim for damages on the basis of tort will not succeed. the above description can be explained that us, sh, m. hum as a notary can be held accountable insured for damages suffered by pt pawn (persero) on the grounds has committed an unlawful act which acts which fulfill all elements of article 1365 of the civil code. notary is said to have committed acts against the law for committing acts contrary to the legal obligations of the creator, which makes the deed of relinquishment of rights to land, but bphtb his private use notary 3.3. authority of notary receiving money deposit bphtb entrusted need for services of a notary in modern societies are unavoidable. notary as a public official appointed by the government and the government as a state organ to lift the notary is not merely for the sake of a notary itself, but also for the public interest given by the notary, closely linked to the issue of trust between the parties, that is to say give great confidence to the notary and thus it can be said that giving credence to the notary notarized means inevitably has to be said also assume responsibility this responsibility may be liable legally and morally. notary office regulations are regulations that exist in relation to the profession of notary in the notary indonesia. regulated in indonesia is uujn. about responsibility notary is explicitly mentioned in article 65 uujn which states that the notary is responsible for every deed he had done, even though the protocol notary has been assigned or transferred to the notary protocol storage. responsibilities in relation to the obligations of the notary in the running position is based on the provisions of article 16 uujn. notary who made the deed of relinquishment of rights, previously did not know the client in this case the giver of power of attorney, which means that the notary did not read the deed because in this case vrc not recognized by the us, sh, m. hum as a notary.action, us sh, m. hum notary deedmade release of rights based on false power of attorney, meaning not fulfill its obligations as a notary in a deed as dishonest and biased as article 16 (1) uujn. under the provisions of article referred to above can be explained that a deed made before a notary only has the strength of evidence as the deed under the hand or a certificate becomes null and void are the things that are technical and formal as well as a standard that must be fully understood by notary or negligence against it causing a notary can be held accountable or guilt so that those who suffered losses have legitimate reasons to demand reimbursement of expenses, damages and interest to the notary. this normative provisions that regulate notary notaries in their profession is always controlled by the formalities have notary profession demands refers to the shape of the jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 43 resulting deed not the substance (matter) certificate. material certificates and responsibility for its contents rests with the parties to agreement. sometimes in a deed contains certain legal constructions in the constellation of treaty law that may be breached by the parties. on this notary is obliged to remind or notify the parties that the actions contrary to the applicable law. regarding the responsibility of the material to a deed made before a notary must be stressed that the notary authority in making authentic act does not mean that a notary can freely according to his will create authentic act in the absence of the parties who commissioned his deed (roesli, heri, & rahayu, 2017). the notarial deed is the parties concerned, not notary concerned. therefore, in the event of a dispute of the covenants contained in notarial made to them and before notary then bound are those who hold the treaty itself, while the notary is not bound to fulfill the promise or obligation as stated in notarial deed made in front and notary altogether beyond those who become parties. apart from liability notary in the running position, that the notary as a public official in increasing source of state revenues from taxes, ppat also plays a major role because they are assigned to investigate had paid income tax (vat) of revenue as a result of transfer of rights over land and customs acquisition rights land and building before a deed, as general explanation pp 37 of 1998 jo pp 24 year 2016 on the rules of land deed official position. this means that if are not paying taxes to the tax administration, can deposit on ppat also plays a major role because they are assigned to investigate had paid taxes due to the transfer of land and customs acquisition rights to land and buildings. notary authorized to receive money deposit bphtb deposited from client, given notary as a public official in increasing source of state revenues from taxes, notary also plays a major role because they are assigned to investigate had paid income tax (vat) of revenue as a result of transfer of rights over land and customs acquisition land and building before a deed, this means that if client are not paying taxes to the tax administration, client can leave a notary public also plays a major role because they are assigned to investigate had paid taxes due to the transfer of rights over land and customs acquisition rights to land and buildin. referrence adjie, habib, hukum notaris indonesia, refika aditama, bandung, 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negara hukum dan hak-hak asasi manusia, kumpulan tulisan dalam rangka 70 tahun sri somantri martosoewignjo, media pratama, jakarta, 1996 hadjon, philipus m., tentang wewenang, majalah “yuridika”, no. 5 – 6 tahun xii, fakultas hukum universitas airlangga, surabaya, september-oktober, 1997 hamzah, “tanggapan terhadap makalah yang berjudul kekuatan hukum akta notaris sebagai alat bukti”, media notariat, no. 12-13 tahun iv, oktober, (1989) harsono, boedi, undang-undang pokok agraria, sejarah penyusunan, isi dan pelaksanaannya, djambatan, jakarta, (1971) hr, ridwan, hukum administrasi negara, edisi revisi, rajagrafindo persada, jakarta, (2010). ibrahim, johnny, teori & metodologi penelitian hukum normatif, bayumedia publishing, surabaya, (2010) kie, tan thong, studi notariat dan serba-serbi, buku i, ichtiar baru van hoeve, jakarta, (2000) mertokusumo, sudikno, hukum acara perdata indonesia, liberty, yogyakarta, 2001 minarno, nur basuki, penyalahgunaan wewenang dan tindak pidana korupsi dalam pengelolaan keuangan daerah, diterbitkan laksbang mediatama, palangkaraya, (2009). muhammad, abdulkadir, hukum perikatan, citra aditya bakti, bandung pitlo (alih bahasa m. isa arief), pembuktian dan daluwarsa menurut kitab undangundang hukum perdata belanda, intermasa, jakarta, (1998). situmorang, victor m. dan cormentyna sitanggang,grosse akta dalam pembuktian dan eksekusi, rineka cipta, jakarta, (1993) jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 45 prayitno, roesnastiti, “tugas dan tanggung jawab notaris sebagai pejabat pembuat akta”, media notariat, no. 12-13 tahun iv, oktober (1998) santoso, urip, perolehan hak atas tanah, revka petra media, (2011) rabaie, achmad, hukum pengadaan tanah untuk kepentingan umum, bayumedia, malang, (2007). roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sjaifurrachman dan habib adjie, aspek pertanggungjawaban notaris dalam pembuatan akta, mandar maju, bandung, (2011), subekti, pokok-pokok hukum perdata, intermasa, jakarta, (1980) soerodjo, irawan, kepastian hukum hak atas tanah di indonesia, arkeola, surabaya, 2003 subekti, aneka perjanjian, alumni, bandung, (1995) syahrani, riduan, hukum acara perdata di lingkungan peradilan umum, pustaka kartini, jakarta, (1988) _______, seluk beluk dan asas-asas hukum perdata, alumni, bandung, (1989). tobing, g.h.s. lumban, peraturan jabatan notaris, erlangga, jakarta, (1999). wahyudi, isa, busyra azheri, corporate social responsibility : prinsip, pengaturan dan implementasi, in-trans publishing, malang,( 2008) undang-undang dasar negara republik indonesia tahun 1945 undang-undang republik indonesia nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria undang-undang republik indonesia nomor 30 tahun 2004 tentang jabatan notaris undang-undang republik indonesia nomor 2 tahun 2014 tentang perubahan atas undang-undang republik indonesia nomor 30 tahun 2004 tentang jabatan notaris peraturan pemerintah nomor 24 tahun 1997 tentang pendaftaran tanah peraturan pemerintah nomor 37 tahun 1998 tentang peraturan jabatan pejabat pembuat akta tanah. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 a notary’s authority in issuing copies of acts from minutes of deeds of other notaries’ protocol parts elok nadhiro magister of notarial law faculty of law, airlangga university email: eloknadhiro4@gmail.com abstrak everyone needs evidence to prove the existence of a right or event, especially written evidence in the form of an authentic deed. authentic deed is a deed in the form determined by law, made by or in front of the general employee in charge where the deed is made. one of the general officers who makes authentic deeds is a notary who has the obligation to make a deed in the form of a deed and keep it as part of the notary protocol. in the interests of proof for the parties, the notary is obliged to issue a copy of the deed of the minuta deed of the notary protocol. the deposit obligation does not only apply to the minuta deed made by and / or in the presence of the notary concerned, but also to other notary protocols that he receives either because the other notary dies, has expired, or other causes. keywords: authentic deed, notary, notary protocol, copy of deed. 1. introduction everyone who claims to have something right or an event is obliged to prove it as stated in article 1865 burgerlijk wetboek (hereinafter referred to as bw). a person cannot claim the right to something if he is unable to prove it. in article 1866 bw there are several evidences, namely written evidence, witness evidence, suspicion, confession, and oath. proof in writing can be authentic writing or underhanded writing. the existence of written evidence in the form of authentic deeds can explain the existence of one's rights and obligations and guarantee legal certainty. authentic written evidence is needed to be utilized by the makers themselves and third parties, the interests of proof or profit from the state for law enforcement in terms of facilitating the settlement of civil cases easily and in a short time through guaranteeing the truth of the contents of the deed and legal certainty1. according to article 1868 bw, an authentic deed is a deed determined by law, made by or in front of a general employee in charge where the deed is made. in accordance with the provisions in article 1 number 1 of act number 2 of 2014 on amendments to law number 30 of 2004 on notary position (hereinafter referred to as uujn), 1 a.a.andi prajitno, pengetahuan praktis tentang apa dan siapa notaris di indonesia, perwira media nusantara, surabaya, 2015 (furthermore abbreviated as a.a.andi prajitno i), p 63. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 notaries are authorized officials to make authentic deeds and have other authorities as referred to in this law or under other laws. furthermore article 15 paragraph (1) of uujn affirms that the notary has the authority to make authentic deeds regarding all acts, agreements, and stipulations required by laws and/or those required by those concerned to be stated in authentic deed, guarantee the date of making deed, keep deed, provide grosse, copy and quotation of deed, all of which as long as the making of the deed is not assigned or excluded to other officials or other people as stipulated by law (susilo & roesli, 2018). one of the general officials (openbaar ambtenaar) in the legal system of the republic of indonesia is a person who serves as a notary. a notary is a public official who is given the authority to carry out part of the state's duties in providing services to the community, especially in the field of civil law. the task of the notary is to translate the wishes of the parties into authentic deeds. in order to formulate the will of the parties, the parties entrust or put their trust in the notary so that his will is constant and the statements that the parties give can be poured into an authentic deed. notary carry out by way of pouring in writing (sunning) into the deed, with provisions in the form and procedure that has been adjusted to the provisions of legislation (constricting).2 notary is a strategic position with trust from the government and society and thus, he/she must be neutral, impartial, independent (free from being influenced by anyone) and have a large responsibility3. even, in the community it is believed that a legal act is not perfect if it has not been made in the form of an authentic deed. everything written and determined (constituency) is true. a notary is a strong document maker in the legal process4. authentic deeds have a very special position because their existence can be trusted as a perfect proof. therefore, a deed made by a notary is said to have perfect evidentiary power if the deed has birth, formal and stamp strength, and fulfills the authenticity requirements as required by the notary position act, so that the deed that has fulfilled all the requirements has proof power perfect and must be judged to be true, before it can be proven to be untrue before the court5. therefore a notary as a public official carries out part of the duties and obligations of the government in making evidence to create legal certainty, order and legal protection for its people. in carrying out its duties, one of the obligations of a notary is to store and maintain all documents 2 a.a.andi prajitno i, p.41-42. 3 oemar moechthar, dasar-dasar teknik pembuatan akta, 1st edition, airlangga university press, surabaya, 2017, p. 37. 4 tan thong kie, studi notariat beberapa mata pelajaran dan serba-serbi praktek notaris, buku i edisi baru, pt ichtiar baru van hoeve, jakarta, 2000, p.157. 5 ghansham anand, karakteristik jabatan notaris, zifatama publisher, sidoarjo, 2014, p. 39. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 relating to the making of authentic deeds. one of the obligations of the notary is to make a deed in the form of a deed and save it as part of the notary protocol as it turns out in article 16 paragraph (1) letter b uujn. the notary protocol according to the provisions of article 1 point 13 of the uujn is: a collection of documents which are state archives that must be stored and maintained by a notary in accordance with the provisions of legislation ". explanation of article 62 uujn, states that the notary protocol consists of: 1. original master of the deed; 2. book of deed list or repertorium; 3. book of private deed whose signing is performed before a notary or deed under the registered hand; 4. book list of names of viewers or klapper; 5. protest list book; 6. list of wills; and 7. other list books that must be kept by a notary based on statutory provisions. as evidence for the parties, a notary is obliged to issue a copy of the original master of the deeds which is kept as a notary protocol. this is stored in the notary protocol where the deed is made, the parties written in the deed or interested persons (onmiddelijk belanghebbende) have the right and will obtain a copy of the deed which is stamped by the notary and signed only by a notary only6. the definition of a copy of the deed according to article 1 number 9 uujn is "a copy of the deed is a word-for-word copy of all deeds and at the bottom of the copy of the deed stated in the phrase" given as copy with the same statement." the obligation to retain not only applies to original master of the deeds made by and/or before the notary but also applies to other notary protocols he receives either because the other notary dies, has expired, or other causes (roesli, heri, & rahayu, 2017). according to andi prajitno, the storage of the notary protocol by the protocol notary holder is an attempt to maintain the juridical age of the notary deed as a perfect evidence for the parties or their heirs about all the things contained in the deed7. the 1945 constitution of the republic of indonesia clearly stipulates that the state of the republic of indonesia is a state of law. the principle of the rule of law is to ensure certainty, order and legal protection with the core truth and justice8. certainty of order, legal protection requires, 6 a.a.andi prajitno i, op.cit., p.77 7 oemar moechthar, op.cit., p.1. 8 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 among other things, that legal traffic in people's lives really requires evidence to clearly determine the rights and obligations of a person as a subject of law and society.9 one proof of the certainty of a person's legal rights and obligations in people's lives is carried out by a notary10. a copy of the deed is given by a notary to the parties written in the deed or interested person (onmiddelijk belanghebbende) who can function as a benchmark or guide to carrying out the agreed content. a notary deed in the form of a copy will always exist if it is kept by the party concerned. the deed in the form of a minuta will also be forever and kept by the notary himself or by a notary who is the protocol or by the regional supervisory board11. the importance of the role of the notary in helping create legal certainty and protection for the community is more preventive, or prevention of the occurrence of legal problems, by issuing authentic deeds made before him related to legal status, rights and obligations of someone in law, etc. the most perfect evidence in the court if there is a dispute over the rights and obligations associated12. 2. formulation of the problem to what extent is the authority of the notary as the recipient of the protocol in issuing a copy of the deed of the minuta deed which is part of the other notary protocol he has received? 3. discussion 3.1. notary recipient of the protocol notary positions have a continuous nature. in the event that the notary has retired, changed his position, temporarily taken leave, stopped or terminated as stipulated in 62 uujn, the notary must submit the protocol to another notary appointed by the regional supervisory board as the notary holder of the other notary protocol. the protocol recipient notary is a legitimate notary holder of the protocol and authorized by the regional oversight board or minister to keep other notary protocols he receives. before being appointed as a notary holder of the protocol from the previous notary, the notary who will be appointed as the protocol recipient notary makes a statement stating that the notary is willing to accept the notary protocol to be submitted to him. after the appointment of notary holders of other notary protocols, the regional supervisory board gave an announcement to all notaries in the area that the notary protocol of the notary 9 sjaifurrachman dan habib adjie, aspek pertanggungjawaban notaris dalam pembuatan akta, mandar maju, bandung, 2011, p.7. 10 ghansham anand, op.cit., p.76. 11 h.salim hs, op.cit., p.197. 12 ghansham anand, op.cit., p.74. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 concerned had been submitted and stored by a notary appointed as the notary holder of the protocol. the purpose of the announcement was to make it easier for the public or parties who had made a deed to the previous notary to issue a copy of the deed if needed. 2. 2. notary protocol and submission 1. notary protocol as state archives the affirmation of article 16 paragraph (1) letter b of uujn clearly obliges every notary to store original master of the deeds as part of the notary protocol and requires each notary to issue a copy of deed based on the minuta deed at the request of the parties or interested parties therein. the definition of notary protocol as defined according to article 1 number 13 uujn is "collection of documents which are state archives that must be stored and maintained by a notary in accordance with the provisions of legislation". thus in accordance with article 1 number 13 of the uujn, the elements listed in the notary protocol according to h. salim hs, which include: the existence of a collection of documents, state archives, some of which save and maintain them; and in accordance with the provisions of the legislation13. ghansham anand believes that: "acknowledgment of the notary protocol as a state document due to the notary protocol is a document or archive containing the legal status, rights and obligations of parties / communities which are certainly required to be stored and maintained properly, for legal certainty, order and legal protection for those who need14". according to h. salim hs, a protocol is defined as a document that is stored and held by a notary, such as: 1. minuta deed; 2. notary statement; 3. records; 4. transcript (copy); 5. directories; and 6. card15. the notary protocol as a state archive has laws and regulations governing the storage and maintenance of state archives, namely regulated in law no. 43 of 2009 concerning archives (hereinafter referred to as the archives act) which is a special rule governing filing. archives, 13 h.salim hs, op.cit., p.196. 14 ibid., p.199-200. 15 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 according to article 1 number 2 archival law is a recording of activities or events in various forms and media in accordance with the development of information and communication technology made and accepted by state institutions, regional government, educational institutions, companies, political organizations, social organizations, and individuals in the implementation of community, national and state life. article 62 uujn explains that notary protocol that is required to be stored and maintained by each notary are original master of deed and book listing deed or repertorium. according to article 1 number 8 of the uujn " original master of deed is the original deed that includes the signatures of the viewers, witnesses, and notaries, which are stored as part of the notary protocol", while the list of deeds or repertorium is a book that contains records of a number of deeds made by a notary16. one function of the book listing deed or repertorium is to facilitate the notary in knowing what kind of notary deed he has made while carrying out his position. 2. submission of notary protocol further in article 62 of the uujn it is stated that the submission of the notary protocol is carried out in the case of a notary: a. die; b. has expired his term of office; c. ask for resign; d. not able to be spiritually and/or physically carrying out office duties as a notary continuously for more than 3 (three) years; e. appointed as state official; f. moved to the position of office; g. temporarily dismissed; or h. dishonorably discharged. article 63 of the uujn states that: 1. submission of the protocol as referred to in article 62 shall be carried out no later than 30 (thirty) days with the making of minutes of submission of the notary protocol signed by those who submit and who receive the notary protocol; 2. in the event that it occurs as referred to in article 62 letter a, the submission of the notary protocol shall be carried out by the heir of the notary to another notary appointed by the regional supervisory board; 16 h.salim hs, op.cit., p.151. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 3. in the event that it occurs as referred to in article 62 letter g, the submission of the notary protocol shall be carried out by a notary to another notary appointed by the regional supervisory board if the temporary dismissal is more than 3 (three) months; 4. in the event that it occurs as referred to in article 62 letter b, letter c, letter d, letter f, or ancestry h, the notary protocol shall be submitted by a notary to another notary appointed by the minister at the suggestion of the regional supervisory board; 5. notary protocol from other notaries which at the time of delivery is 25 (twenty five) years or more submitted by the notary who receives the notary protocol to the regional supervisory board; 6. in the event that the notary protocol is not submitted within 30 (thirty) days as referred to in paragraph (1), the regional supervisory board shall be authorized to take the notary protocol. 3. original master of deed and copy of deed as evidence the function of the deed is an evidence. an authentic deed is a verification tool for both parties, heirs and persons who get the rights contained in the deed. according to article 1888 bw, the strength of proof of an article lies in the original deed. if the original deed still exists, then the copy or quote can only be trusted as long as the contents are in accordance with the original which can always be ordered to be shown as the original. the power copy of deed is as strong as the the master, the difference is the master is the original deed which is a state archieve and must be kept by a notary and there are signatures of the parties, witnesses and notaries while the copy of the deed is the original deed issued by a notary containing a copy from the original deed and there is only a notary signature in the copy. 4. the party obtaining a copy of the deed a copy of the deed is only for the parties who make the deed, because the parties concerned in the deed are not allowed to be given the originaldeed because it is a state archive that must be kept by the notary. in order to prove before the court or as a benchmark for an agreement, the parties have the right to have a copy of the deed. copies of deeds here can only be shown and given to interested parties, among others, according to article 54 paragraph (1) uujn are: "notaries can only provide, show, or notify the contents of deed, grosse deed, copy of deed or quotation, to people having an interest directly in the deed, heirs, or people who obtain the rights, unless otherwise stipulated by legislation. h. salim hs argues that while the three groups are determined, the law provides an exception. this means that people who are not the three groups can also be given, seen or notified of a copy of the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 deed, with conditions determined by law. for example, a copy of the deed used in the trial process, the court institution can see a copy of the deed.17" 5. notary authority according to habib adjie, the authority is: "authority (or often written with the term authority) is a legal action that is regulated and given to a position based on the applicable laws and regulations governing the relevant office. thus each authority has its limits as stated in the laws and regulations that govern it18." there are three types of authority from the way they are obtained, namely authority in attribution, delegation, and mandate. authority by attribution is the granting of new authority to a position based on legislation or legal rules, delegation authority is the transfer or transfer of existing authority based on a legislative regulation or legal rule, however, authority in mandate is actually not a transfer or transfer authority but, who is competent is absent19. in this case the notary has the authority in attribution, because the authority of the notary here is created from legislation, namely the act of notary position. the authority of the notary has been regulated in article 15 of the uujn. these changes are: (1) notary is authorized to make authentic deed regarding all acts, agreements, and stipulations required by legislation and / or desired by those concerned to be stated in authentic deed, guarantee the date of deed, keep deed, give grosse, copy and the quotation of deed, all of which as long as the making of the deed is not also assigned or excluded to other officials or other people as stipulated by the law ". (2) in addition to the authority as referred to in paragraph (1), the notary is also authorized: a. ratify signatures and determine the certainty of the date of the letter under the hand by registering in a special book; b. book letters under the hand by registering in a special book; c. make copies of the original letter under the hand in the form of a copy containing the description as written and illustrated in the letter concerned; d. validating the photocopying suit with the original letter; e. provide legal counseling in connection with the making of deed; f. make deed related to land; or 17 habib adjie, hukum notaris indonesia tafsir terhadap uu no. 30 tahun 2004 tentang jabatan notaris, cetakan keempat, refika aditama, bandung, 2014, p.77. 18 ibid., p.77-78. 19 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 g. make deed of auction minutes. (3) in addition to the authority as referred to in paragraph (1) and paragraph (2), the notary has other authorities stipulated in the laws and regulations. 6. authority of notary recipient of protocols in issuing copies of deed. one of the other authorities granted by the legislation as article 15 paragraph (3) of the uujn the recipient of another notary protocol as the legal holder of the notary protocol in the submission appointed by the regional supervisory board or the minister of law and human rights at the suggestion of the regional supervisory board. the notary recipient of the protocol has the authority to issue a copy of the deed of amendments which is part of the notary protocol he has received. another notary recipient notary is authorized by the uujn to issue a copy of the deed as in article 64 paragraph (2) of the uujn stated that "notary holders of the notary protocol as referred to in paragraph (1) are authorized to issue grosse deed, copy of deed, or quotation". the authority granted by the uujn here is that the notary recipient of the protocol is authorized to issue a copy of the original deed which is part of the notary protocol that has been submitted to him after the first copy issued by a notary who made it. in practice, if there is a original deed that has never been issued a copy of the deed, the obligation to issue a copy of the deed is the notary who makes a statement. 4. conclusion as evidence for the parties, including those with an interest directly in the deed, heirs, or persons who obtain rights, the notary is obliged to issue a copy of the deed of the minuta deed which is kept as part of the notary protocol. one of the notary authorities granted by legislation as article 15 paragraph (3) of the uujn is as recipients of other notary protocols as legal holders of notary protocols that have been handed over to them and in their submissions designated by the regional supervisory board and the minister of law and human rights. proposal of the regional supervisory board. the notary recipient of the protocol is authorized to issue a copy of the deed of minuta deed which is part of the notary protocol he received as in article 64 paragraph (2) of the uujn that "notary holders of the notary protocol as referred to in paragraph (1) are authorized to issue grosse deed, copy of deed, or excerpt of deed". according to the author, the authority granted by uujn here is that the notary recipient of protocol is authorized to issue a copy of the deed of minuta deed which is part of the notary protocol that has been submitted to him after the first copy issued by a notary who made the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 minuta deed whereas. if a minuta deed does not yet have a copy of the deed, then according to the author who is given the obligation to issue a copy of the deed is the notary who makes the deed. he also has the obligation to issue a copy of the deed of minuta deed for the first time. references adjie habib, (2014). hukum notaris indonesia tafsir terhadap uu no. 30 tahun 2004 tentang jabatan notaris, cetakan keempat, refika aditama, bandung. anand ghansham, (2014). karakteristik jabatan notaris, zifatama publisher, sidoarjo. bentuk dan minuta akta, cetakan2, rajawali pers, jakarta. buku i edisi baru, pt ichtiar baru van hoeve, jakarta burgerlijk wetboek (bw) diumumkan dengan maklumat tanggal 30 april 1847, staatblad tahun 1847 nomor 23; hs, h.salim, (2016). teknik pembuatan akta satu : konsep teoritis, kewenangan notaris, indonesia tahun 2004 nomor 117, tambahan lembaran negara republik indonesia nomor 4432; indonesia tahun 2014 nomor 3, tambahan lembaran negara republik indonesia nomor 5491; moechthar, oemar, ( 2017). dasar-dasar teknik pembuatan akta, cet.1, airlangga university press, surabaya, cet.1, airlangga university press, surabaya. prajitno, a.a. andi. (2015). pengetahuan praktis tentang apa dan siapa notaris di indonesia, perwira media nusantara, surabaya. sjaifurrachman dan habib adjie, (2011). aspek pertanggungjawaban notaris dalam pembuatan akta, mandar maju, bandung. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. susilo, d., & roesli, m. (2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. undang-undang nomor 30 tahun 2004 tentang jabatan notaris, lembaran negara republik undang-undang nomor 43 tahun 2009 tentang kearsipan, lembaran negara republik indonesia undang-undang nomor 2 tahun 2014 tentang jabatan notaris, lembaran negara republik tan thong kie, (2000). studi notariat beberapa mata pelajaran dan serba-serbi praktek notaris, tahun 2009 nomor 5071, tambahan lembaran negara republik indonesia nomor 5071; --------------------------.(2018). seri b kewenangan notaris akta otentik notaris, perwira media nusantara, surabaya. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 regulation of banking policies that brings implication for criminal act *surti yustianti, daniel susilo, mohammad roesli * faculty of law, merdeka university surabaya email: surtiyustianti@gmail.com abstract this research analyzes banking policy regulations that have implications for criminal acts. decisions made by bank indonesia are in accordance with the authority and position pinned to bank indonesia officials. policies made by bank indonesia can be appropriate or inappropriate with the principle of prudence and good faith. bank indonesia officials have authority related to their position. bad ethics and inadvertent in making policies can cause state financial losses. as a result, the policy can be categorized as a criminal offense in banking sector. this is normative legal research. this study uses a legislative, conceptual, case and comparative approaches. banking policies that have an impact on criminal acts can be seen from administrative, civil and criminal aspects related to the mistakes made by bank indonesia officials. if a bank indonesia official commits an error in implementing policy rules, criminal responsibility must be borne by the official. keywords: policies, bank indonesia officials, mistakes, and crime responsibilities. 1. introduction there are 2 (two) differences in bank indonesia's banking policies. first, decisions made by indonesian bank officials are in accordance with the authority attached to the position of bank indonesia officials. second, policies made by indonesian bank officials in banking sector have a bad ethical element. policies that cause state losses can be categorized as criminal acts of corruption. the policy rules made by bank indonesia which have implications for criminal acts in principle are due to lack of good ethics and lack of caution. policies made in this way make a person or legal entity benefit both personally and in groups that it is detrimental to the country's finances. banking arrangements are regulated in law number 6 of 2009 on determination of government regulation in lieu of law number 2 of 2008 on second amendment to law number 23 of 1999 on bank indonesia. in the banking act, bank indonesia is given broader bank supervision authority. broad authority in banking law is that if the condition of a bank can endanger banking system, the head of bank indonesia can form a liquidation team and the authority of the banking law given to officials in the event of a systemic banking crisis. systemic means a crisis that disrupts banking system extensively, affecting banks, society and the state. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 according to law number 21 of 2011 concerning the financial services authority (state gazette of the republic of indonesia of 2011 number 111, and additional state gazette of the republic of indonesia number 5253), the financial services authority is a form of unification of regulation and supervision of the financial services sector. previously the regulatory and supervisory authority was carried out by the ministry of finance, bank indonesia, and the capital market and financial institution supervisory agency (bapepam-lk). in the law, the financial services authority is regulated in sufficient detail to regulate the transition so that the transition of tasks and regulatory and supervisory functions can work well. functions, duties and authority to regulate and supervise financial service activities in banking sector are shifted from bank indonesia to financial services authority/otoritas jasa keuangan (article 33 paragraph (2) of law number 21 year 2011). however, based on article 66 paragraph (1) letter a of ojk law, bank indonesia continues to carry out the functions, duties, and authority of regulating and supervising financial service activities in the banking sector. therefore, bi has the duty to carry out the functions and duties of regulating banks in accordance with article 37 of banking law. where a bank experiences difficulties that endanger the continuity of its business, bank indonesia can carry out several actions as listed in article 37 of banking act to save the bank, including: a. shareholders increase capital; b. shareholders replace the board of commissioners and / or directors of the bank; c. banks delete books of credit or financing based on sharia principles stalled and calculate bank losses with their capital; d. banks carry out mergers or consolidations with other banks; e. banks are sold to buyers who are willing to take over all obligations; and f. banks submit management of all or part of bank activities to banks or other parties. they are the core considerations of bank indonesia in providing bailout assistance to unhealthy banks because systemic banking difficulties are the responsibility of the government. funds issued by bank indonesia which will then be calculated with the government are referred to as bailouts. regarding an urgent situation, it is necessary to make an effort to take a policy or decision. however, problems arise because there is no basis for action, even though the government cannot remain silent1. for example, the actions of bank indonesia officials in the policy of granting bank indonesia liquidity assistance (hereinafter abbreviated as blbi) to recap banks and lending 1 nur basuki minarno, desertasi, desember 2009, p. 4. kondisi sistemik : jika kesulitan keuangan yang menimpa sebuah bank juga menimpa bank-bank lain terdapat dalam sistim perbankan suatu negara secara umum. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 policies to bank century based on instructions and presidential decree dated 2 september 1997 for blbi providers and perpu number 4 of 2008 to century bail out. all policies are in the form of orders to the minister of finance. the policy of bank indonesia officials in both cases is essentially a policy taken by bank indonesia officials in order to exercise authority in preventing the occurrence of a system impact on national banking services that have an impact on the economic sector. all of these policies are in the form of orders to the minister of finance to provide bailouts for banks that experience a banking financial crisis. the blbi problem and century bail out based on substantive studies can be seen from various aspects, i.e the background of blbi issuance and century bail out, policy for granting bailout assistance to bank crises, and the use of funds from blbi and century bail out, in accordance with the issuance of presidential instruction number 8 of 2002. the presidential instruction is about providing legal certainty to debtors who have completed their obligations or legal actions to debtors who do not settle their obligations based on resolving shareholders' obligations, paid off information, and government regulation number 4 of 2008 concerning century bailouts. the policy of providing temporary capital as well as the short term funding facility (hereinafter abbreviated as fpjp) from bank indonesia in dealing with banking crises is based on instructions and decisions of the president and orders to the minister of finance and governor of bank indonesia aimed at taking temporary measures to assist national banks healthy who experience liquidity difficulties. in addition, this is also to help truly unhealthy banks to get mergers/acquisitions with other healthy banks. in its implementation, bail out through fpjp and blbi has 21 national private banks whose crisis liquidated by bank indonesia shows various irregularities. the policy for granting bail out is in accordance with its designation and some are not in accordance with the provisions of the provision of liquidity which results in violating the law, and can have criminal acts. deviations in the use of liquidity funds by banks in a crisis are not in accordance with their designation and can indicate the existence of elements against the law, both in the fields of administrative law, civil law, and criminal law. the form of irregularities in the use of bail out which indicates a crime can be in the form of a general criminal offense or a banking crime. the form of banking crime is a general criminal offense if the act violates the criminal code and certain criminal acts if the act violates the criminal code but is related to a violation of certain legal interests. banking crime can occur if the act violates the legal rules outside the criminal code which regulate banking crimes, for example: banking law, bank indonesia law, corruption law, and money laundering law. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 the actions of bank indonesia officials can be categorized as acts that are against criminal law, especially those related to the use of blbi funds, mps (temporary equity participation), fpjp that are not in accordance with the designation that indicates the nature of criminal law, the right to collect from bank indonesia to the government (ibra); ibra in order to collect funds from the obligor through the msaa mechanism (master of settlement and acquisition agreement), mrnia (master refinancing and note issuance agreement) and apu (debt recognition act) which are actually settlement mechanisms beyond the court. policies carried out by bank indonesia officials based on their authority, administratively in providing bailouts or blbis are essentially a facility specifically provided by bank indonesia to the national banks to overcome the problem of liquidity difficulties it faces. this policy was taken to save the national banking world from destruction which is certain to have implications for the national economy. in reality, the policy turned out to have been misused by some recipients of facilities to enrich themselves. that is, the liquidity assistance was not used in accordance with the intention of issuing the policy resulting in a very large amount of state financial losses. liquidity assistance in various forms and mechanisms given to recipient banks is civil law, because the parties are based on the existence of legal relations in the form of agreements or contracts as creditors and debtors. utilization of authority carried out by officials clearly has implications for criminal acts. 2. method this is legal research with normative legal type. the approach in this study includes statutory approach, conceptual approach, and case approach. case approach used is cases related to bank indonesia policy towards banks with "unhealthy" conditions. 3. discussion 3.1. banking policy philosophy that has implications for criminal acts the nature of banking policies in indonesia refers to policies made by relevant officials in various fields. legal policies are made so that they can be binding in community life. every life of the community has an interest in the policies made. interest is an individual or group demand that is expected to be fulfilled. the essence of every human being is a supporter or person of interest. legal policies that are made are expected to meet the desired expectations and interests. policy regulations have several meanings. according to m. solly lubis, policy formulation is interpreted as a policy, while for policy itself it is called wisdom. wisdom in terms of policy or yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 wisdom, is a deep thought/consideration to become the basis for policy formulation. thus, policy is a set of decisions taken by political actors in order to choose goals and how to achieve them.2 juridically, the policy taken by the government is solely to carry out the authority based on the law. to achieve better results to exercise authority, the government needs freedom to act on its own, known as ermessen3. this freedom of action is in accordance with the authority attached to officials, including bank indonesia officials. the authority is given by law because of his position. juridically, the policy taken by the government is solely to carry out the authority based on the law. to achieve better results to exercise authority, the government needs freedom to act on its own, known as ermessen. this freedom of action is in accordance with the authority attached to officials, including bank indonesia officials. the authority is given by law because of his position. regarding legal policies in the banking sector, the authority that bank indonesia officials have in taking policies must be in accordance with the ethical, moral, and desired objectives in overcoming banking problems. therefore, the freedom that bank indonesia officials have is freedom from their authority. beccaria reveals that human actions are purposive and are based on the understanding of public law, the principle of pleasure and distress, that is, humans choose actions that will give pleasure and avoid actions that bring trouble4. beccaria's opinion was also 2 m. solly lubis, kebijakan publik, mandar maju, bandung, 2007, p. 5. 3 irfan fachruddin, pengawasan peradin administrasi terhadap tindak pemerintah, alumni, bandung, 2004, p. 2. definition of freies ermessen; freies come from the words frei and freie which means free, free, not bound, free and free. ermessen means to consider, judge, suspect, evaluate, consider and decide. etymologically, freies ermessen means people who are free to consider, free to judge, free to guess, and free to make decisions. pouvoir discretionare or freies ermessen is an act of independence at the initiative and own policy of the state administration in the welfare state. the function of the public service in the administration of the welfare state government results in a partial shift of power between state institutions, namely from the legislature to the executive institution (state administration). the definition of discretie in pourvoir discretionare is that the ruling official must not refuse to make decisions on the grounds that "there are no rules" and therefore is given the freedom to make decisions in his own opinion provided that they do not violate the principles of jurisdiction and legality. the nature of discretion is the freedom of action for the state administration to carry out its functions dynamically in order to resolve important urgent issues, while the rules for that do not yet exist. not freedom in the broadest and unlimited sense, it remains bound to certain limits permitted by state administrative law. the realization of the attitude of the state administration in implementing the ermessen freies can consist of several things including: 1. establish legislation under the law which is materially binding on the public; 2. issue concrete, final and individual beschikking; 3. acting in a real and active administration; and 4. carry out quasi-judicial functions, especially "objections" and "administrative appeals". the manifestation of the attitude of the state administration can be determined by the benchmark of the principle of ermessen in brief, namely: a) the existence of freedom or freedom of state administration to act on its own initiative; b) to resolve pressing problems that have no rules for it: and c) must be accountable. 4 systemic conditions, if the financial difficulties that afflict a bank also afflict other banks in the banking system of a country simultaneously, ibid. p. 30. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 followed by bentham who believed in the doctrine of freedom of will, although it required the theory of learned behavior as an explanation of criminal acts5. the legal policy of bank indonesia officials in terms of legal solutions to solving banking problems with the policy law in the form of bailouts by bank indonesia was carried out in order to save banks from being unwell. requires new policies in the banking sector. legal policy in the field of banking is a legal rule established by bank indonesia officials on the basis of authority derived from the existence of beordordingsruimte, broordeling surijheid, beleidesvrijheid or ermessen6. a policy (beleidsregel) is essentially a product of state's administrative actions which aim at buiten gebracht schriftelijk beleid (showing out a written policy), yet without the authority to make regulations from the administrative entity that creates the policy7. beleidsregel has the authority of the state administration or agency in making policy regulations based on the principle of freedom of action. the term esmessen is equivalent to discretiaonair which means according to wisdom, and as a meaningful adjective according to authority or power that is not or not entirely bound by the act8. the implementation of ermessen through the actions of state administrative tools can be manifested as follow9: a. establish legislation under an act which is materially binding public; b. issues beschikking that is concrete, individual and final; c. perform a real and active administration; and d. carry out judicial functions, especially in terms of "objections" and "administrative appeals". public law policy cannot be separated completely from the problem of value especially for indonesia based on pancasila and its national development policy line aims to form a complete indonesian human being. thus, humanistic approach must also be considered. this is important not only because crime in essence is a humanitarian problem but also because it essentially contains the law of suffering which can attack the interests or values that are most valuable to human life10. public legal policies related to criminal acts against policies carried out by bank indonesia officials 5 systemic conditions, if the financial difficulties that afflict a bank also afflict other banks in the banking system of a country simultaneously, ibid. p. 30. 6 kusumaningtutik, s.s, peranan hukum dalam penyelesaian krisis perbankan di indonesia, rajawali press, 2009, p. 48. 7 philipus m. hadjon, pengantar hukum administrasi indonesia (yogyakarta, gadjah mada university press, 1994), p. 152. 8 fokema andreas, kamus istilah hukum (terjemahan), saleh adiwinata et.al (trans), bandung, bina cipta, 1983, h. 98, p. 145. 9 saut panjaitan, makna dan peranan freies ermessen dalam hukum administrasi negara. dimensidimensi pemikiran hukum administrasi negara, yogyakarta, uii press, 2001, p. 115. 10 ibid. h. 37 – 38. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 can be applied using criminal law facilities and non-criminal facilities. public legal policies carried out by means of criminal law are a criminal law policy. related to the authority of bank indonesia, there are responsibilities of several parties in the issuance of bailouts to save banks related to the responsibilities of positions carried out and accounted for personally. the concept of this position will determine whether a government (bank indonesia) policy is administrative or civil law. bank indonesia's policy to save banks has been misused by parties involved in the bank restructuring process, starting with apparatus at bank indonesia, the finance ministry and banks being rescued. for this reason, precautionary principle is adopted from the basel core principles issued by basel committee on banking supervision and embodied in the form of good operational standard procedures, with good corporate governance and risk management. the application of the precautionary principle and the principle of goodness in banking is taken in order to protect the risk of corruption. to carry out the task of restructuring banks, the institutional framework or institutional coordination plays a very important role. the lack of optimal cooperation between bank indonesia and related institutions, especially the ministry of finance and the deposit insurance agency (lps) and the financial services authority, has greatly affected banks restructuring activities. the lack of smooth coordination in terms of bank restructuring is itself a legal weakness. after the entry into force of the financial services authority with law no.21 of 2011 (ojk law), banking regulation and supervision has shifted from bank indonesia to ojk. banking act article 37 b paragraph (1) states that each bank is required to guarantee public funds deposited in the bank concerned. paragraph (2) states that in order to guarantee public savings in banks as referred to in paragraph (1), the deposit guarantee institution is formed. this is the legal basis for the establishment of law number 24 of 2004 concerning the deposit insurance corporation (hereinafter referred to as the lps law). the function of the lps is to ensure that customer deposits are actively involved in maintaining banking system stability in accordance with their authority. 3.2. errors in criminal liability in banking article 1 paragraph (1) of the criminal code requires the determination of a crime based on a regulatory provision. article 1 paragraph ((1) of the criminal code states that "no act may be punished but rather the strength of criminal provisions in the act, which previously existed than that". thus,"nullum crimen sine lege" and “nulla poena sine lege" are the main principles of the principle of legality. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 124 this principle has been somewhat deviated in the draft criminal code11. a criminal act therefore contains a formulation of an act and is punishable by a crime against a person who violates the prohibition. both, namely the formulation of the prohibition of an act and its criminal threat are subject to the principle of legality, meaning that both must be formulated in the act of invitation. indonesian criminal law, as in other civil law countries, criminal acts is generally formulated in codification. however, so far the criminal code or other legislation does not regulate in detail the formulation of a crime. various criminal acts, especially those contained in the criminal code, the formulation is not always in line with the theory of separation between criminal acts and accountability. formulation of a crime contains a prohibition against certain acts. the rule of criminal law contains the formulation of orders to do something/in material criminal offenses; the prohibition is aimed at the emergence of consequences. criminal acts contain formulations of the consequences prohibited to be realized. hence, a person can be convicted not only because he has been proven to have committed an act that violates the law but also because he performs acts that violate (contradict) the law, is against the law or fulfill an element of criminal offense. while his actions fulfills the formulation of criminal acts in the act and were not justified, he does not necessarily meet the requirements for criminal charges. criminalization still requires conditions, i.e that a person who commits a crime must have a mistake or guilt. the person must be held accountable for his action; his actions must be accountable to the person. related to that, bank indonesia liquidity assistance (blbi) was strengthened by the issuance of presidential instruction number 8 of 2002 to provide legal certainty to debtors who had completed their obligations or legal actions to debtors who did not settle their obligations based on settlement of shareholders' obligations and paid off. regarding the blbi-related policies, several bank indonesia governors have been sentenced for criminal acts of banking and corruption. the policy they took was the implementation of presidential instruction number 8 of 2002 but was misused for the benefit of individuals12. this means that if the ruler commits a violation of the law, like an ordinary person, he is responsible for the harm caused. from the blbi case, the basis for judging the violation of the law is the actions of the authorities rather than individuals as superiors. individuals in carrying out their actions are driven by their own interests, while the authorities serve the public interest. in this case the ruler participates in the traffic of the community in an equal position with the individual, can be 11 article 1 paragraph (3) of the 2010 criminal procedure code, opens up the possibility of actions which are not declared as criminal acts by laws and regulations, but stated otherwise according to living law, their existence is still recognized. 12 romli atmasasmita, hukum kejahatan bank, kencana, jakarta, 2014, p. 120. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 125 accounted for based on article 1365 bw, which is the civil liability that is the responsibility of the office related to illegal acts of the authorities. this means that the responsibility of the state is related to the concept of state administrative law which concerns the use of authority possessed by the authorities in carrying out their duties for public service13. the responsibility of the state is related to the use of government authority in the function of the public service. in carrying out these functions, loss/suffering can arise for the community. in carrying out the tasks of restructuring banks, the institutional framework or institutional coordination plays a highly important role. the lack of optimal cooperation between bank indonesia and related institutions, especially the ministry of finance and the deposit insurance corporation (lps) greatly influences the bank's settlement activities. the lack of smooth coordination in terms of bank restructuring is itself a legal weakness. after the entry into force of the financial services authority with law no.21 of 2011 (ojk law) banking regulation and supervision has shifted from bank indonesia to ojk. banking act article 37 b paragraph (1) states that each bank is required to guarantee public funds held in the bank concerned. paragraph (2) states that in order to guarantee the public deposits at the bank as referred to in paragraph (1), the deposit guarantee agency is formed. this is the legal basis for the establishment of law no.24 of 2004 concerning the deposit insurance corporation (hereinafter referred to as the lps law). the function of the lps is to ensure that customer deposits are actively involved in maintaining the stability of the banking system in accordance with their authority (article 4). lps also has duties according to article 5, namely: a. namely formulating and establishing policies in order to actively participate in maintaining banking system stability; b. formulate, establish and implement a failed bank settlement policy that has no systemic impact and c. handling failed banks with systemic impacts. lps is legal certainty in the regulation and supervision of banks and guarantees customer deposits so that there is public trust in banking. in administrative law, the policy of bank indonesia is known as ermessen's principle, i.e the principle that gives freedom of action to government officials, especially in carrying out administrative functions. this freedom of action can be carried out by the government apparatus as follows14: a. there has been no statutory regulation that regulates a concrete solutions to a particular problem, while the problem requires immediate resolution; b. laws and regulations that form the basis of government apparatus provide complete freedom; and c. government officials are given the power to regulate themselves. 13 tatiek sri djatmiati, kesalahan pribadi dan kesalahan jabatan dalam tanggungjawab atau tanggunggugat negara, seminar of unair faculty of law, 2008. 14 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 126 the application of the ermessen principle is an opportunity for the emergence of losses on the part of individuals due to the actions of government officials. this is in accordance with statement proposed by philipus m. hadjon by taking mariette's opinion that to measure abuse of authority in relation to beleidsurifheid (discretionary power, ermessen) must be based on the principle of specialization that underlies that authority. in this case, bank indonesia made a mistake related to the century bank bailout that the director of bank indonesia bear the position responsibilities and personal responsibility in relation to government actions, an official's personal responsibility was related to maladministration in the use of authority and in public service. position responsibilities is related to the legality of government actions. in administrative law, the issue of the legality of government action is related to the approach to government power15. the concept of position responsibility and personal responsibility in administrative law is closely related to the control of the use of authority, because the use of authority can lead to ultra vires (actions outside the authority). banking crimes which have implications for criminal acts of corruption can be seen in the element of illegal acts in the form of mistakes in administration, civil and criminal matter. for administrative legal actions, the actions of bank indonesia officials against the law with the authority belong to bank indonesia officials. this is to determine whether liability for mistakes made to bank indonesia officials includes personal or position mistakes. in banking crimes, mistakes made by these officials refer to article 1365 bw for losses incurred by policies made in banking crimes. banking criminal acts which implicate corrupt crimes have an element of error based on the principle of legality, i.e the principle that determines that no act is prohibited and threatened with a criminal offense if it is not determined in advance in the legislation. hence, when a bank indonesia official meets the element of conducting a mistake, it has been regulated in the banking law. corruption in banking sector emerged with a policy made by indonesian bank officials related to aspects of general principles or legal principles related to handling corruption. for this reason, in dealing with banking crimes, criminal justice system is used as a working mechanism in crime prevention by using the basis of a criminal justice system system approach in corruption. authority attached to bank indonesia officials is in accordance with legal provisions. criminal law policies carried out in banking sector by bank indonesia are based on acts of crime in banking sector and sanctions which should be used or imposed. policies carried out by bank indonesia officials have elements that violate the law in banking regulations. criminal acts in banking sector 15 ibid, p. 99. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 127 show that policies carried out based on authority ignore elements of a principle of good faith and prudence that harm the country's finances and result in criminal acts. 4. conclusion the philosophy of criminal law policy in banking sector is based on good faith and the principle of prudence. the basis is interpreted that actions carried out by bank indonesia officials who violate these principles constitute an act against the law which results in detrimental to state finances originating from banking activities. the bi official's actions are one form of abuse of authority in the banking sector. the abuse of authority contains elements of personal error, thus that the actions of these officials violate policy rules that can have implications for banking crimes. bank indonesia officials cannot be held liable for taking decisions/policies that are in line with the functions and authorities as referred to in the bank indonesia law, insofar as they are carried out in good faith and the principle of prudence. based on the development of the criminal accountability doctrine, corporations can be subject to sanctions. where bi officials who carry out banking restructuring policies make personal mistakes, they are subject to criminal liability. references abidin, a.z., (1987). asas-asas hukum pidana bagian pertama, alummi, bandung, adji, indriyanto, seno, korupsi kejaksaan aparatur negara dan hukum 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attribution-sharealike 4.0 international license 99 the legal liability of the government and employers in the exclusive breastfeeding program lilis qomariyah nur wachidah*, fitriani faculty of law, hang tuah university of surabaya *email: lilis.q.n.w@gmail.com email: fitrianijoe861@gmail.com abstract breastfeeding is a staple food and the main nutrition source for newborn of 0-6 month old who still can not digest solid food. exclusive breastfeeding is a process of giving only breastfeeding for the first 6 month old without giving any additional food for baby. the method that was used for this research was normative jurisprudence research, which came from reviewing written law from several aspect and law norms then continued to do research to get a conclusion. from research’s result, it can be concluded that government responsibility and employer in exclusive breastfeeding program are the rules that every mother who is working and do the exclusive breastfeeding program should get place for breastfeeding and milk squeezing room (lactation’s room). the sanctions that will be given if this thing is being ignored are the employer will get criminal sanction for 1 year and fine for one hundred million rupiahs (rp. 100.000.000). therefore in the needs for health improvement, it should be done the counseling program for whole community about the important of breastfeeding wherever and whenever without exception in office especially for working mothers. in this point the government should confirm that the rule is well done even from monitoring until the sanction is given. keywords : government responsibility, work giver responsibility, exclusive breastfeeding program preliminary indonesia has ideals and also the goals which are applied in the opening national constitution 1945 namely educate all the people as promised and the next generation both in physical and spiritual, the public welfare, protect the people the final communique of the indonesia covering those social justice for all people of indonesia. especially in building health of people in indonesia and public health is a human right hereinafter referred to as human rights. health development as part of national development directed at improving the quality of human resources and implemented in order to the achievement of the awareness and a will, and the ability to live healthy to every citizen in order to improve public health. express our deepest (rudianto & roesli, 2019). the decrease in the death of an infant indicators and the increase in nutritional status of the community.indonesia would continue to face a problem nutrition double namely condition in which on the one hand the number of people living there are still many malnutrition while on the other side the number of people more had old tended to increase. nutrition problem it is closely related to peoples lifestyle and behavior nutrition(ali & wulan, 2018). the nutritional status of the society will better to minimize good nutrition behavior should be conducted in every stage of life referred to on the baby. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 one of the ideals of the nation to prosper the sons and daughters of indonesia is by holding an exclusive breastfeeding program. asi has an important component for the baby that has been studied, are protein, fat, colostrum, vitamin a, lactose, iron, lactobacillus, lysozyme, taurine, lactoferrin which has various benefits namely increasing immunity for children and babies avoiding obesity.1 hence the role of the midwife and clinicians others is very important to always advocated mother who have just given birth to put in place early breast feeding initiation then continued until the son was 2 years old and also the role of the government must be very important that the program this exclusive breastfeeding will continue to run the government should fully supports by providing lactation in space of public utilities and private sector workers and workers office space. asi is nutrition that is very important to a child.the main cause of the life of the program not exclusive breastfeeding is the lack of information the importance of breastfeeding, career mothers who do not have much time to give the mother milk to his son as they prefer to give him his daughter formula milk while the womb nutrition that owned breastfeeding far better than formula milk. research methods was used in the study type the kind of research juridical normative, namely research law that looked at a legal writ of some aspect of which is the aspect of the theory, history, philosophy, comparison, structure, and the composition of, scope and matter, consistency, a general explanation and article by article, formality and enact a law, binding power as well as legal language used, looking at the aspects but not applied or it is implemented.2 normative juridical research is that research looking for the breaking up of legal issues arising to give prescription about what should be on an issue for in their bids..3 in the research approaches law is the approach in line with the statute approach ), historical approach ( historical approach ), comparative approach (, mainly approach and conceptual approach ( conceptual approach.during the research, writer will use proven methods of approach in line with the statute and conceptual approach ( conceptual approach) . study and discussion recently, most women in indonesia, especially the young mother, intensively promote breastfeeding exclusive. of course, this is a really positive, is the tendency because the needs of baby 1 diana damayanti, asyiknya minum asi, gramedian, jakarta, 2010, h. 29. 2peter mahmud marzuki, penelitian hukum, kencana prenada media group, jakarta, 2011, h. 87. 3ibid., h. 59. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 food on the sixth of the first month after birth is obtained from breastfeeding. unfortunately that the exclusive breastfeeding is still not maximum. in fact, some did not know understanding father exclusive of, breastfeeding yet he is main figure that provides support to the mother of in providing for the baby. exclusive breastfeeding breastfeeding is a an emulsion of fat in solution protein, lactose, and the salts of organic secreted by both the glands of the mother breasts, that is useful as the chief food for a baby. exclusive are separate from each other, or called particulars. according to other sense breastfeeding is the gift of breastfeeding just without the addition of other liquid as milk formulas, the orange, honey, white water and that without more solid food.the provision of breastfeeding is advocated in period of 6 months.4 components breastfeeding contains more than 100,000 biology unique components who plays a principal role in resistance to disease, and components breastfeeding, very complicated.of 100.00 components breastfeeding has not yet been fully check, and has not been found, but breastfeeding still is baby nutrients to the most important and most everything for a baby.the mother milk components that have been known of them are colostrum, protein, fat, lactose, vitamin a, iron; ta-urine, lactobacillus, laktoferin, lisozim.5 hence it is very so that children become attention should be given to young generation can get the right is one who is get.it is stipulated in a government regulation of the republic of indonesia hereinafter referred to regulation no 33 of 2012 article 6 in which every one who brings forth should give exclusive breastfeeding on the baby this requirement provides protection for the women in the exclusive of, run program breastfeeding so that everywhere, all the time he or she drives the mother still has to the right. in the act of number 36 2009 over health care, said that health workers were the main health factor. for by health workers this is all health resources of the other like, health service facilities technology and supplies health and technology products can be managed in a synergistic in order to achieve health development goals.the health ministry`s regulation of the republic of indonesia number 10 in 2013 of health workers is every single person who devotes himself in the health sector as well as having knowledge and / or skill training through education in an area where none is for certain types of health effort need the authority to conduct. the midwife is one of a trained health professional who has the obligation of in elevate in degree a health in the manner of maintenance, health, the prevention of disease, healing disease, the recovery of heath one of them is in the program which means that breastfeeding exclusive of the mother given to a baby from a baby under the age of 6-0 months without give food nor anything and continued until additional 4rudi haryono, manfaat asi ekslusif untuk buah hati anda, gosyen publishing, yogyakarta, 2014, h. 4. 5hesti widuri, cara mengelola asi eksklusif bagi ibu bekerja, gosyen publishing, yogyakarta, 2013. h. 23 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 child up to the age 2 years by providing for a companion breastfeeding mp-asi based upon government regulation no 33 of 2012 regarding the provision of exclusive breastfeeding. to promote health; the balanced receive enough nutrients to breastfeeding having 100,000 a unique components has many benefits against various kinds of one of them is the cause of a disease.breastfeeding is staple food for babies.a component that is added to its breastfeeding are colostrum, fat, protein, lactose, vitamin a, taurine, lactobacillus, laktoferin, lisozim.in law has exclusive breastfeeding is based on government regulation no 33 of 2012 regarding the provision of exclusive breastfeeding and the provisions of provision of space lactation of which were regulated by the health ministry`s regulation of the republic of indonesia number 15 2013 of a trained health professional.the some of the articles are: article 3: (1) the work and organizers of the place of public utilities will need to support breastfeeding exclusive program. (2) support as referred to in paragraph 1 shall be conducted through: a. provision of special facilities for a nursing mother and / or blushing breastfeeding; b. the opportunity this letter to the work to give breastfeeding exclusively to a baby or flushed the mother milk during the time to labor in a workplace;the provision of legislation; c. internal that supports the success of the program the provision of breastfeeding exclusive; and d. he provision of trained the provision of breastfeeding. article 4 : other than support as referred to in article 3 paragraph ( 2 ), the organizers of the place of public utilities in the form of, health service facilities have to make policies that rely on maximum 10 years and a step towards the success of land mammals. the implementation of support as referred to in article 3 paragraph ( 2 ) letter a and letter d is conducted in accordance with the condition of the company capacity, and carried out by way of the company between the business community and workers union, or through a work joint between labor union and the company.it is also a through government programs and also given to the best of the work done on employer is obliged to provide the space lactation on a means of work.based upon government regulation no 33 of 2012 regarding the provision of exclusive breastfeeding has been regulated that both government offices and the private sectors must support the program of exclusive breastfeeding and facilitate space lactation so that breastfeeding mothers can be flushed breastfeeding.other than the minimal space lactation he was at work another constraint are actually the result of health facilities the place of a mother gave birth to. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 103 currently there is the fact that various concerns that criminal sanctions in this health law able to embrace a mother who is not breast feeding the baby exclusively. seen from the article, elements will be given the threat of criminal sanctions in article 200 are a family, the government, local governments, of health workers and the community that blocks the mother is exclusive to breastfeed her baby.counteraction can be in the form of not given period of time feeding and could not be provided special facilities to perform the activities of land mammals.so that in this case, in fact this article protect mom to implement the program breastfeeding exclusive of, is not in fact remember with criminal if not implement the program exclusive breastfeeding. health act comes into effect shall number 36 2009 regarding the provision of water milk mother ( breastfeeding ) exclusive often gave rise to misinterpretation about criminal sanctions for the mothers who do not want to nursed her son.out in article 200 health law no. 36 next year he emphasized the threat of a penalty prison was not for the mother, but the ones who withhold that breastfeeding exclusive the mother to him.in a more clear, quote article 200 written that everyone who so much with deliberately blocking of the mother program exclusive performed referred to in article 128 clause 2 shall be criminally punished of not more than 1 years and a fine of rp100.000.000,00 ( one hundred million rupiah ). in the theory of identification, criminal accountability that are imposed on corporate should pay attention to the carefully who is really be the brain or holder corporation, operational control authorities issued a policy and made a choice in the name of corporate.a deed may be regarded as a crime carried out by corporation, only when these crimes carried out by senior officials of a corporation that is has the authority to can act as the directing mind of the corporation. one of a policy that was intensified by the government at this time is the implementation of the program early initiation sucking child ( hereinafter called imd ) and exclusive breastfeeding for a son because basically to the son to have a very important role that is as generation the people so it is the state and / or government make things ready generation so that the nation can grow and well-developed. responsibilities which owned the government, the regional government provincial and the local governments district were similar, all three contact one another and are inseparable.responsibilities which shown above becomes for the government how the government should act in the implementation of this exclusive breastfeeding program.government of being obligated supporting the program implementation the provision of breastfeeding exclusive of, because when associated with the status of a mother who works there is the obligation as a place of work and the organizers of the management of public utilities to support the program of exclusive of, breastfeeding in this case a workplace that referred to is a company and office by central yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 government private and local government as to that which is in the provisions of article 31, and the organizers of the public facilities to that which is in article 32. if the government is more toward the organ, government show at the field of and functions.are the government or receptacle he who has the power and institutions where they run their activities.the crown in a wider sense is all activity, the functions, duties and obligations that is run by the institution to accomplish a purpose countries.the government in a wider sense is all activities organised, based on sovereignty and independence; on the basis of the, the people, or inhabitant of and the area of the states that was for the achievement of the aims of the country.government can also be defined in terms of structural functional as a system the structure and organization of of any of various kinds of function that have been carried out for the achievement of the grounds for certain countries. a government regulation no 33 of 2012 regarding the provision of those to whom we have exclusive of the mother has objective to which was set out in the provisions: article 2 a. ensure fulfillment of the rights of a baby to are breastfed since was born up to the age of 6 months of growth and how he goes. by taking into account. b. providing protection to mother in giving breastfeeding exclusively to the baby. c. enhancing the role of and family encouragement is, the community, local governments, and the government back up on the provision of breastfeeding exclusive.. with the existence of a purpose which we had in article 2 above can become a reference for the government in implementing the program the provision of exclusive breastfeeding in accordance with what is expected of the people.the government had a very important role in the implementation of this program, so that a government regulation no 33 of 2012 the government regulate how responsibility in the implementation of the breastfeeding exclusive program. the government responsibility was put down in the following provisions: article 3 1. to formulate a national policy in relation to the program the provision of breastfeeding exclusive. 2. carry out advocacy and the socialization of the program the provision of breastfeeding exclusive. 3. give training on breastfeeding program exclusive and the provision of care facilities lactation counselor health and place of public utilities. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 4. material on integrating exclusive breastfeeding in formal and non-formal education curriculum for health workers. 5. nurture, watch over; and to evaluate the implementation and exclusive breastfeeding of achievement of the program the provision of health care facilities a unit of education health, their place of work, a place of public utilities, and activities at the community. 6. develop the science and technology pertaining to breastfeeding exclusive. 7. establishing cooperation about the program breastfeeding exclusive with other parties in and / or overseas. information and education program breastfeeding eksklusif.dan the program 8. provide access to against a need government and responsible but the regional government of the province and the local governments district also has the responsibility to implement them, the two do those set out in the provisions of article 4 and article 5. breastfeeding is the right of every mother, including a mother working.when the mother breastfeeding mothers are the workers then who is in charge of this exclusive breastfeeding in the program is the the entrepreneurs or company owner.in employee s organization indicated that international convention on maternity leave for 14 weeks and the provision of the supporting infrastructure for breastfeeding mothers at work shall be convened.the act of labor in indonesia no. 1 1 year 1951 grant leave of absence childbirth during which the 12 weeks and opportunities suckle 2x30 minutes in hour of work.but she work is still considered as one of the causes of the high number of failure factor for you 45 to 60 than when in industrialized nations % of its workforce are women reproductive age. work out of the house, or go school is reality for the majority of women with small children. even though you do not appear to be differ between woman who plans to work in the aftermath of delivery, the duration of a nursing mother and exclusive breastfeeding likely to be affected by working and schools. conclusion based on these chapters of our analysis of the ancients the following served a conclusion that is it about problems in the in this research, are: 1. the government has made rules that can help mothers of workers who are still breastfeeding, one of which is the enactment of government regulation no. 33 of 2012 concerning exclusive breastfeeding, but this was not implemented properly. the success of the exclusive asi program must also be supported by adequate facilities and infrastructure, especially in public places for lactation rooms. law no. 13 of 2013 concerning labor requires all businesses to provide yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 lactation rooms for women who have babies and breastfeeding. in connection with the existence of the exclusive asi program there are still many business actors who do not provide lactation space for breastfeeding mothers. however, the government has stated in article 200 of the government regulation that everyone who intentionally blocks the exclusive asi program as intended in article 128 paragraph (2) is sentenced to 1 year in prison and a maximum fine of 100,000,000.00. in addition, article 201 paragraph (2) of law 36 of 2009 concerning health states that in addition to criminal penalties as referred to in paragraph (1) the corporation may be subject to additional criminal sanctions in the form of revocation of business licenses; and / or revocation of legal status. 2. the government and employers have a responsibility to make the exclusive breastfeeding program successful. one of the policies currently being promoted by the government is the implementation of the early breastfeeding initiation program (imd) and exclusive breastfeeding. not only the government is obliged to support the implementation of the exclusive breastfeeding program, because if it is linked to the status of a working mother, there is an obligation as a workplace administrator and organizer of public facilities to support the exclusive asi program, in this case the workplace in question is a company and government offices, local government and private sector offices. as explained in based on article 3 government regulation no. 33 of 2012 stipulates that employers must provide training on exclusive breastfeeding programs and provision of breastfeeding counselors in health care facilities and provide lactation rooms for mothers who are breastfeeding. however, this requires cooperation by forming a team such as task force (satgas) with sector leading namely the health service and also cross-sector such as the civil service police unit which must supervise and sanction the company or someone who blocks the exclusive breastfeeding program. a. councel 1. midwives as the spearhead of the government in the success of the exclusive asi program should cooperate with the government and employers in providing lactasai space and as counselors for mothers who are still breastfeeding. 2. it is better for the government and employers to improve the management of exclusive asi programs in government and private institutions. for business actors such as companies and public places, education should be provided about the exclusive asi program because there are still many private companies and factories where the majority of female employees do not provide lactation room. it is the duty of the government to impose sanctions on businesses that do not carry out the exclusive breastfeeding program and more often to carry out evaluations of existing programs. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 references ali, mali, m., & wulan, w. (2018). effects of sand and sugar consentration rosella (hisbiscus sabdariffalinn) against quality of jelly candy. teknoboyo, 2(1). diana damayanti, asyiknya minum asi, gramedian, jakarta, 2010. hesti widuri, cara mengelola asi eksklusif bagi ibu bekerja, gosyen publishing, yogyakarta, 2013. peter mahmud marzuki, penelitian hukum, kencana prenada media group, jakarta, 2011. rudi haryono, manfaat asi ekslusif untuk buah hati anda, gosyen publishing, yogyakarta, 2014. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 141 the role of an advocate as a mediator in medical dispute resolution fahmi syaifuddin ramdhany, gandhi pramudhita law faculty mastering law study program hang tuah university of surabaya email: fahmisyaifuddinramadhany@gmai.com gandhivero@gmail.com abstract mediation is an alternative with the resolution of disputes that be a way out in doing with the resolution of disputes which is considered very simple, process fast and low cost, but a mediation process were considered to eye better than the hospitals or the patients and law enforcement. as mandated in number 39 2009 article 29 who explained that “in terms of health workers is suspected of committing an omission in run profession, the negligence would have to be settled first through mediation“, the mediation can be carried out in the court or litigation or outside a court or nonlitigation of the court. the importance of a mediation process are needed someone who competent on legal affairs who has committed training a mediator and have passed in an exam held by the agency of education accredited the supreme court and have made an education focusing on the science of law health. the figure of an advocate who have passed training a mediator and had embarked on mastering education of law focusing on the science of law health is necessary in settling medical disputes. key word: advocate, mediator, mediation medic case, litigation, non-litigation. 1. introduction the role of an advocate as a mediator is necessary by the community and government agencies especially the hospital and main providers. “based on an article 4 a code of ethics an advocate of an advocate in civil disputes has to give priority to settled with the path of peace / mediation“. which are handled an advocate of all matters of the lord shall first trying to be paid in advance in by alternative dispute settlements one of which is through a mediation process. in the act of number 39 years in 2009 on health also set of procedure mediation for alleged medical negligence is contained in article 29 which says “in terms of health workers suspected of committing an omission in run, held negligence first has to be resolved by mediation“. the legal basis in alternative dispute resolution in indonesia there are 4 of the 1999: the law number 30 years of arbitrage and, alternative dispute resolution the supreme court number 1 year 2016 of procedure, mediation in court article 130 hir/rib, the law number 48 years 2009 about power law and the legal basis alternative dispute resolution in the world of health is the law number 39 2009 about health. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 142 a means of settling disputes may be done through the courts, adr, and through customary institutions.settlement procedures of dispute arranged in the book of the civil and shortcuts number 1 year 2016 about procedure mediation in a court of law that is through the courts, meanwhile the resolution of disputes that is set the law number 30 years 1999 on arbitration and alternative dispute resolution, is alternative dispute resolution (adr). there are 5 including : a. consultation; b. negosiation; c. mediation; d. conciliation; e. expert judgment;and f. arbitrase the dispute is one of the mediation mediation is mediation is the way dispute resolution negotiating process to obtain agreement of the parties with the assistance of a mediator, to produce consensus and win-win solution, or the sense that there are mediation on the regulation of the supreme court number 1 year 2016 about mediation which states that “the mediation dispute resolution is by negotiating process to obtain agreement of the parties with the assistance of a mediator“.to complete the process through mediation with, win-win solution in a mediation process are required someone a third party are neutral in nature without partiality.at an appointed a mediator who have done training mediation and followed the test that has been certified by the supreme court. medical dispute is of a disagreement between the patient family or patients with of health workers, a hospital or health facilities, so that in the end is the result the end of disputed ordinary health service that do not notice and ignoring the process.1 based on the description above, so issues discussed is how the resolution process mediating disputes medical in litigation and the force of law in the process and how the resolution process mediating disputes in non-medical litigation and the force of law in the process(roesli, syafi’i, & amalia, 2018). 2. research methods to answer the problems that was formulated this in writing so research methods that were used in the form of research of juridical law normative, namely is using materials research with the law to break legal problem or problem to be discussed. 1 m. nasser, materi perkuliahan sengketa medis universitas hang tuah, surabaya, 21 april 2018. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 143 the approaching we used in this writing is using statute approach and conceptual approach. statuteapproach is approaching that we used by examined all the law and regulation that connected with the issues of the law that has been researching, this means that the role of the advocate as a mediator in resolving a medic case by litigation as with perma number 1-2016 or with non-litigation as with the law of indonesia number 30-1999 about the alternative of finishing a case and ablactate. conceptualapproach is an approach that derived from views and doctrines that develops inside the science of law.by studying the doctrines in the views and in juridical science; researchers will invented ideas who gave birth to understandable s of law, legal concepts and law over of relevance to issues faced by.the understanding of these doctrines views and is an ingredient to make an argumentation law in solving issues faced by. the writing of this journal use law that is two ingredients law material primary and law material secondary. law is a material material primary legal binding, the current regulation in the form of anything to do with the problems discussed in this case the law number 30-1999 on an alternative form of the resolution of disputes and arbitration, shortcuts number 1-2016 about mediation procedure in court. secondary law material that are defined as material of law who is not binding but describing on primary law material that is processed opinion or the mind experts or expert who studies a particular subject of specifically, as opinion experts in books a journal of the law seminar, the law material and the magazine internet articles. a step the collection of law is conducted by material by means of studies the law number 30-1999 about to take the resolution of disputes and arbitration, shortcuts number 1-2016 about mediation procedure in court and thoroughly materials law that deals with subjects of a writing, of a classifying (were aligning) material of law that has been in inventory in accordance with their needs of writing and rank the (systematization) those materials of law. step analyze material os law to the elicit a response on the matter of used for reasoning that is the deduction (from the general to the particular argument) which was started from material of law and associated with a staple the problem in 21 cases that had broken out and discussed in this research. the framework of the theory research used an author in this journal is a theory the authority and the theory of settlement of the dispute. the authority or authority is a term commonly used in the field law public. but the truth is there is a difference between them. the authority is what referred to ”formal power”, power derived from executive power or in jakarta area. by that the report was power from a party a particular person were unanimous. while the authority only on yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 144 a particular part of the authority. the authority is the right give authority and power of asking to obeyed.2 in a philosophic manner, with the resolution of disputes is a process an attempt to restore those party to the dispute in a state of.these good relations, repaid so both sides can do relation, good social relationships and legal relation with each other.the theory that looked at about it, called the theory with the resolution of disputes.3 3. study and discussion the role of an advocate as a mediator of disputes is needed because the medical scientific by conducting training a mediator and has made education mastering of law focus on scientific knowledge laws of health which can help resolve disputes medical. mediation in a procedure of health workers arranged in article 1 the limit 1 government regulation number 36 year 2014 about of health workers, who said that: “of health workers is every single person who devotes himself in the health sector as well as having knowledge and / or skill through education in the fields of health for certain types of need the authority to conduct. health effort“. and mentioned in article 11 of health workers were placed in: 1. medical workers; 2. clinic psychological workers; 3. nursery; 4. obstetrics workers; 5. pharmacist; 6. public health worker; 7. environmental health workers; 8. nutritional energy; 9. medic technically workers; 10. medic biotechnical workers ; 11. traditional health workers; and 12. another medical workers. a fault or negligence in discharge of an obligation professional, as the presence of the dissatisfaction with the incidence of their patients and the patient family doctor, to the public because the hope that cannot be pervaded by physicians. other with these words there are the gap 2 diah restuning maharani, teori kewenangan, www.google.com, diakses tanggal 15 oktober 2018, pukul 17.30 wita. 3 salim hs dan erlies septiana nurbani, penerapan teori pada penelitian tesis dan disertasi, cetakan ketiga, rajawali pers, jakarta, 2013, h. 135. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 145 between hope and the fact patients or by the patient a big gap between arrogant overestimation of patients and the fact that is or by patients predisposing factor, but a source of conflict that actually could have caused by of different perception between the ( e.g., about his true nature nor the purpose of medical efforts, a communication that ambiguous ( e.g. a certain term having a meaning differently to other individuals ), and the styles of a person individual ( e.g., an arrogant or doctor attitude but temperamental ) patients.4 started with the gap that is your predecessor to the nature of the transition a conflict turned into dispute.in times of conflict turned into a dispute, will pass through several stages or condition, are:5 1. first, pre conflict. stage of the stages this is happening a a feeling of dissatisfaction to a the activity or result by one party ( a patient to other parties ( physician and hospitals ), but this feeling as yet only be on a level perceived. do not think so satisfied and this will be predisposing factor that would evolve being disputed. a few of the possibilities that may become the factors causing the do not think so satisfied patients is: results treatment or the act of from the doctor who is regarded as less than satisfactory even as to deteriorate; a communication that they were not satisfied with between doctor and patient, lack of explanation from parties health provider, unsatisfactory services the house men, pain caused by call or system and convenience of the hospital. environment 2. second, the stage conflict.in this stage, the party being disadvantaged start suggested or issuing complaints related to the discontent or displeasure although in until this stage are subjective with the sense of the word not necessarily what that are complained does indeed happened or top executives of coal mining and other parties ( physician or hospital ).this complaint could be passed on directly to the parties that injurious or to the other parties who would listen their complaints had been, and at this stage also the parties that injurious has known about the complaints against the act or on its services. supposed at this stage, the parties that injurious or that which complained by patients ( physician, a hospital or the management of the hospital ) aware of and try to approach to know the source of the problems and clarifications on suspicion of discomfort what is felt to be by patients. during the preparatory phase of this is the act of discerning and should be a wisely from the that are complained ( physician or hospital ) to give an explanation to the who feel that they have harmed will position the problems. this position is in the start of positions occurring or not the occurrence of dispute when patient will receiving what is explained by a good communication clear on the problem of who is and no threw iniquity 4 ibid, h. 21. 5 desriza ratman, mediasi non litigasi terhadap sengketa medik, jakarta : elex media, 2012, h. 710. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 146 upon doctor, the possibility of of the occurrence of dispute will reducible. if, communication at this stage failed to or fail to provide a problem, satisfaction with clarity then the complaining about will find justification out against what puzzlement, third party on family the community, the journalist on officials who authorities or writing on the mass media ), it will be starting to move in to the stage of dispute. 3. third, the stage dispute.at this stage the conflict have been discussed and may have already is in public area, this could occurs because both sides to survive at their argumentation because they felt the truth to that which is wrought or experience, as the two sides stick on each of his opinion so at this stage the occurrence of dispute. in the practice of medicine is often the cause of dispute for a couple of things, are:6 1. the contents of the information ( about of illnesses suffered by patients ) and alternative therapy that chosen are not passed on in an incomplete manner. 2. when that information is delivered ( by physicians to the patient ), whether in the time before therapy that was conducted in the form of the act of certain medical. information should be granted ( by a doctor to the patient ), good asked or not by patients before therapy do. it is much more certain that the information is regarding the possibility of the expansion of therapy. 3. in the manner of the delivery of information should be provided in a verbal and complete and honest and true, unless by some of the doctor the delivery of information be a disadvantage for patients, this will, information that should be given to doctors patients. 4. who is entitled to, patient information is concerned and the next of kin if information given by doctor would only harm the patient or any expansion of therapy that unpredictable must be done to save the lives of patients. 5. to provide information is the handle or any other doctors with a clue doctor who handles. medical dispute derived from two words, namely disputes and medical exam. said dispute on in english might be likened to "conflict" and "dispute", word taught the language of different interests between both countries or more, but both can be distinguished.used roll of conflict in the treasuries of the indonesian language, said based on a dictionary large indonesian language can be am going to define as " disputes strife; or a contention ", where opposition has possible to happen in yourself ( internal ) or a contention for the two the power or party ( external ). while dispute as " raised is defined as something that causes a difference of opinion, contention will go out and there is strife ", so that conflicts was said to be an a circumstance that two or more parties are faced with different interests, while feeling satisfied at the raised is one of the parties that feel aggrieved with 6 saftri hartati, sengketa medik : alternatif penyelesaian perselisihan antara dokter dengan pasien, diadit media, jakarta, 2005, h. 3. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 147 the other party by gave rise to this problem to the surface to look for solving. disputes may be evolved from a conflict that has been reached the escalation certain or peaked. while medical said can be defined as " including or something lang relating to medical field ", starting from the doctor of other types of health and energy under control or place where is the doctor run a profession of medicine, so that medical dispute can be defined have to the occurrence of a contention between parties the patient or the patient family with a hospital or health workers, is caused by the one of the parties who is discontented or violated the rights by other parties.7 in a mediation process can be completed both directly in non litigation or outside the court or litigation or on the court (susilo & roesli, 2018). the process of resolving the mediation outside the court or non litigation, an advocate of can be a a mediator if appointed one of the parties and approved other parties to consider taking the third side who is neutral with settling disputes with the methods mediation.in the resolution process mediation on the court an advocate of can be a a mediator if appointed by the judge in or appointed by one of the parties then other parties agree that an advocate of as a mediator accepted as a third party to assist with the resolution of disputes with the methods mediation. although in a mediation process there is no law in writing explains how the event mediation but to succeed a mediation process seemed so a mediator shall tersistem and structured.moore says identify a mediation process into -belas phases, are:8 a. initial contracts with the disputing parties b. selecting strategy to guide mediation; c. collecting and analyzing background lnformation; d. designing a plan for mediation; e. building trust and cooperation; f. to start mediation session; g. defining lssue and setting agenda; h. uncovering hidden interests of the disputing parties; i. generating options of disputing disposal; j. assessing options for settlement); k. final bargaining; l. achieving formal agreement. in addition mediation procedure on the court: first, the stage pre mediation covering the following steps. a the plaintiff registering the content of its lawsuit in a court of law then the 7 desriza ratman, op. cit., h.4. 8 christopher w. moore, the mediation process, pactial strategies for resolving conflict, cetakan kedua, jossey-bass, san fraancisco, 2014, h. 211-367. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 148 registrar will invite the parties to come the first session of times with the agenda. the first is the parties present the first time and judge an examiner matter in the meeting that is attended the parties explain basic procedure early before entering matter is to do the parties to take mediation as ordered by the provisions of article 17 paragraph ( i ) regulations the supreme court number 1 year 2016 about mediation procedure in court. in terms of parties of the plaintiff or defendant more than one, mediation on after the summons is done legally and worthy of although not all the present, as ordered article 17 paragraph ( 4 ) regulations the supreme court number 1 year 2016 about mediation procedure in court. second, judge an examiner matter is obliged to explain procedure a mediation with the parties as ordered article 17 paragraph ( 6 ) regulations the supreme court number 1 year 2016 about mediation procedure in court. material which is to be explained by a judge an examiner matter to the side is as mentioned in article 17 paragraph ( 7 ) that includes: ( a ) understanding and the stead of mediation (b) an obligation the parties to attend directly meetings mediation and therefore the truth of the law of mediation by not having good intention ( c ) the cost of that may be incurred as a result the assigning a mediator is not judges and not a court, ( d ) the selection of a peace deal by deed pursue peace, ( e a duty the parties or power law to sign the form explanation. judge an examiner matter be obliged to submit form a mediation with explanation of parties who echoes remarks that the parties: ( a ) has given the information procedure mediation in a complete manner of magistrates an examiner cases and ( b ) well understand mediation procedure ( c ) would be willing followed through mediation with good faith. third, the parties to sign the form explanation of mediation. an explanation of procedure mediation by a judge an examiner controversy and the signing of a form explanation mediation is obliged to loaded in the news the event a trial. fourth, the parties to the day of the trial they receive an explanation of procedure mediation or two the next day is obliged to conferring of one or more in order to choose a mediator who listed as a mediator in a court of law including the costs that might arise if they so choose a mediator is not judges and not court. and the fifth if the parties failed to have agreed and conspired together to choose a mediator, the president of the tribunal pointed judges and given priority in the judge certified a mediator. those who do not the president of the tribunal issue the determination of containing the commandments to the parties to take mediation and the name of a mediator chosen by parties or assigned by the president of the tribunal. seventh an examiner matter is obliged to delay the trial judge to provide the opportunity to the parties to take mediation compulsory. and those after receiving the determination of the assignment as a mediator, a mediator determine day and date the meeting mediation. ninth a mediator over power judge an examiner matter through the registrar will notify the parties with the help of bailiff. power was because of the meaning without law need to be made in the form of the power of attorney. bailiff yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 149 or bailiff of a substitute for shall be obliged to perform the notice for the parties which they are commanded by a mediator judge and non-participants a mediator judge as ordered article 21 paragraph ( 3 ) regulations the supreme court number 1 year 2016 about procedure mediation in a court of law.9 the next stage is a mediation process in a court of law covering the following steps.the first is within the period of 5 ( five the day from the determination of the command of mediation by a judge an examiner matter to the parties, the parties can transfer their resumes matter to each other and to a mediator.the preparation of resumes matter by the parties sides a and to a mediator because they did not actually is compulsory, but rather an the suggestion or voluntary in accordance the formulation of the provisions of article 24 paragraph ( 1 ) regulations the supreme court number 1 year 2016 about mediation procedure in court second, a mediator hold or gatherings of mediation sessions and doing repairement identify a mediation process into -belas phases as explain are up here. third, shortcuts number 1 year 2016 also arranged that a mediation process can discuss problems that is not expressly stated in a lawsuit along posita or petitum discussing issues of them can help the parties reached an agreement peace.the expansion of discussing issues outside posita and petitum a lawsuit very was necessary in order to have obtained information that drive the birth of a dispute or a proceeding in the court.fourth, on the basis of agreement of the parties a mediation process may involve an expert, a community figure or of adat figures if greater involvement it can clarify problems under negotiation and could help the parties work on those problems that under negotiation.10 the force of law a mediation process litigation on the court or called judicial is the result the end or an agreement in the form of peace certificate issued by a court had the strength of execution same as decisions which are with a magnitude of fixed set of laws (incrach). while the force of law mediation but is non litigation of the contractual arrangement so student described in the law number 30 years 1999 asserted that the agreement between the resolution of disputes in writing shall be final and binding the parties to be implemented in good faith and give likely to be registered with the district court within at most 30 ( thirty ) days since the signing.if the result of the mediation the non litigation of the registered a suit in court the results of the mediation checked by the judge in and god is dading certificate or peace, certificate so a mediation process non litigation of the inquisitorial and have the force of law as is the case in mediation litigation.because a mediation process that is fast, cheap and simple. 9 takdir rahmadi, mediasi penyelesaian sengketa melalui mufakat, edisi pertama, rajawali pers, depok 2017, h. 205 – 207. 10 ibid, h. 213. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 150 4. conclusion based on these chapters of our analysis of the ancients the following served a conclusion that is it about problems in the in this research, are: 1. the role of an advocate on the process mediating disputes medical training who has committed a mediator and have passed in the program magistrate health law is its role in settling disputes through the completion of medical alternative that is settled through a method of mediation. in the process of mediating disputes in litigation, through the completion of medical dading certificate or peace certificate and have permanent legal entity ( incrach ) and is the inquisitorial, as is the case of newsworthy events in the investigation began to wrap up the opener before judicial until mediation procedure. including medical dispute resolution in non litigation, past peace deals that has been filed with a court that authorized will have official peace certificate from the court by filing a lawsuit this is what statutorily certificate owner of power that is the same as award in the process of litigation binding ( incrach ) and is the inquisitorial. sugestions 1. it is a dispute with the case of medical attention should be given to more active for the government especially the law enforcement to play an active role in resolving a dispute with the methods mediation because this method is very effective, simple and does not eat any a short time if put to good use by law enforcement. 2. 2.the need for socialization to a mediation process this is necessary for the hospitals, of health workers to republic of indonesia state police to the need for special handling to medical problem solved this beforehand with the process of mediate first between parties a hospital or health workers with a patient or family patients, based on bill no 39 years old 2009 on health article 29 indicating that: in terms of health workers is suspected of committing an omission in run profession, this neglect would have to be settled first by mediation. 3. 3.he made a new division in the hospital that specialize in medical problems with the resolution of disputes could hinder efforts to lower if the occurrence of medical disputes to be settled by quickly so that all right with intractable problems immediately and mediate the party to the dispute. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 151 reference christopher w. moore,(2014). the mediation process, pactial strategies for resolving conflict, cetakan kedua, jossey-bass, san fraancisco. desriza ratman,(2012). mediasi non litigasi terhadap sengketa medik, jakarta : elex media. salim hs dan erlies septiana nurbani, (2013). penerapan teori pada penelitian tesis dan disertasi, cetakan ketiga, rajawali pers, jakarta. saftri hartati,.(2005). sengketa medik : alternatif penyelesaian perselisihan antara dokter dengan pasien, diadit media, jakarta. roesli, m., syafi’i, a., & amalia, a. (2018). kajian islam tentang partisipasi orang tua dalam pendidikan anak. jurnal darussalam: jurnal pendidikan, komunikasi dan pemikiran hukum islam, 9(2), 332–345. susilo, d., & roesli, m. (2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. takdir rahmadi,.(2017). mediasi penyelesaian sengketa melalui mufakat, edisi pertama, rajawali pers, depok. m. nasser,.( 21 april 2018). materi perkuliahan sengketa medis universitas hang tuah, surabaya. diah restuning maharani, teori kewenangan, www.google.com, diakses tanggal 15 oktober 2018, pukul 17.30 wita. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 sales and purchase agreement as the basis of land ownership transfer registration in the context of tax amnesty erika lierensia faculty of law, airlangga university email : erikalie95@hotmail.com abstract in 2016, the president of the republic of indonesia legislated the law of the republic of indonesia number 11 of 2016 on tax amnesty. one of the regulated policies is that assets that are still registered in the name of another person and have not been disclosed by the taxpayer must be disclosed and transferred into the name of the taxpayer with the exemption of income tax imposition. with this provision, the minister of agrarian affairs and spatial planning/head of the national land agency of the republic of indonesia released the regulation number 15 of 2017 concerning the registration of transfers on land rights in the framework of tax amnesty, and followed up with the issuance of the circular announcement number 9/se/x/2017 concerning the implementation guidelines of the regulation of the minister of agrarian and spatial planning/head of national land agency number 15 of 2017 concerning registration of transition of land rights in the context of tax amnesty. this circular announcement stipulates that the registration of the transfer of land rights is executed by making a nominee statement letter between the taxpayer and the nominee, and if previously the nominee statement letter has not been made but a legal act has been carried out, then the party can use the deed of binding and transfer ownership of rights of the land or apartment that are made by a notary. the agreement of the transfer ownership of land or the apartment unit referred to is the agreement on the binding of sale and purchase. with this provision, the registration of the transfer of rights of the land is possible on the basis of the agreement on the binding of sale and purchase whereas the agreement is a pledge between the prospective seller and the prospective buyer to transfer the rights of ownership of the land at an agreed price. keyword: sale and purchase agreement, tax amnesty, land registration 1. introduction legal action frequently performed by legal subject is making a sale and purchase agreement, both for movable objects and immovable objects. in the sale and purchase of immovable objects, such as land, each party has rights and obligations to be fulfilled so as not to harm the other party. purchase and sell process begins with an agreement between seller and buyer to transfer ownership of land rights and ends with the signing of sale and purchase act before the land deed officer (hereinafter referred to as ppat). a deed issued by ppat is the basis for land ownership transfer registration at the local land office as determined in the provisions of article 37 paragraph (1) of the government regulation of the republic of indonesia number 24 of 1997 (hereinafter referred to as pp number 24 of 1997). based on the provisions of article 5 of the law of the republic of indonesia number 5 of 1960 on basic regulations on agrarian principles (hereinafter referred to as uupa), the land law yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 we adopt is based on customary land law. land purchase and sell based on customary law recognizes act of transferring rights in cash, real and clear manners. to bridge the customary lawbased land sale and purchase, an agreement is formed which binds prospective sellers and prospective buyers, which are often referred to as the sales and purchase agreement (hereinafter abbreviated as ppjb). in 2016, the president of the republic of indonesia ratified the republic of indonesia law number 11 of 2016 on tax amnesty (hereinafter referred to as law number 11 of 2016). one of the regulated policies is that assets registered in the name of another person and have not been disclosed by the taxpayer must be disclosed and transferred to the name of the taxpayer with the exemption of income tax, as stipulated in the provisions of article 15 of law number 11 of 2016. with this regulation, the minister of agrarian and spatial planning/head of the national land agency of the republic of indonesia issued the ministry rule number 15 of 2017 on registration of transfers of land rights in the context of tax amnesty (hereinafter referred to as agrarian regulation number 15 of 2017). the regulation states that the transfer of land ownership is carried out by making a nominee statement letter made between nominees, i.e a person whose name is registered for a taxpayer's property and the taxpayer before a notary. the minister of agrarian regulation was then followed up with the issuance of circular number 9/se/x/2017 as the implementation guidelines for the minister of agrarian and spatial planning/head of national land agency number 15 of 2017 on registration of transfers on land rights in the amnesty amount with the following conditions: 1. issuance of nominee statement letters between nominees and taxpayers used as the basis for registration of land rights; 2. where the nominee statement letter has not been made and legal action has been made, the nominee statement letter can be replaced with the deed of transfer of land rights or ownership rights to the apartment unit made by the ppat, the binding deed of transfer of rights to land or ownership rights over apartment units made by a notary or an underhanded deed intended to transfer ownership of land parcels and/or land rights or ownership rights to a flat unit; 3. in the event that the nominee has passed away, the process of changing the name of the nominee to the name of the taxpayer shall be based on the statement of the nominee between all heirs of nominees and taxpayers completed with a statement/statement made by the heirs who explain the inheritance. with this policy, the deed of binding agreement transfers the rights to land or ownership rights to the apartment unit made by a notary. underhanded deed that is intended to transfer yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 ownership of land parcels and / or land rights or ownership rights to flats, which in practice is often referred to as ppjb can be used as the basis for registering the transfer of land rights, while in article 37 paragraph (1) pp number 24 of 1997 which stipulates that the transfer of rights to land or property rights of apartment unit can only be registered if proven by a deed made by the authorized ppat. 2. method this is legal research because the problems in it are examined and answered based on legal principles, legal concepts, doctrines of laws and related laws and regulations. this research uses 2 (two) approaches, i.e statute approach and conceptual approach. statute approach is an approach taken by examining relevant laws and regulations, especially regarding agreement on binding of sale and purchase, deed of sale, land registration and tax amnesty. 3. result and discussion 3.1. agreement on sale and purchase transfering land ownership rights ppjb emerged because of the open system of book iii burgerlijk wetboek (hereinafter referred to as bw) about engagement that provides the widest freedom to the community to enter into an agreement containing anything, provided that it does not violate public order and morality. the open system in book iii bw can be seen in the provisions of article 1338 paragraph (1) bw which determines that "all agreements made legally apply as laws for those who make them." in general, the agreement is divided into 2 (two), they are named agreement (nominaat) and an unnamed agreement (innominaat). ppjb is unnamed agreement (innominaat) because the arrangement has not been regulated in bw, yet the stipulation of article 1319 bw determines that "all agreements, whether having a special name, or those not known by a certain name, are subject to general regulations, contained in this chapter and other chapters." with this provision, ppjb which is an agreement is also subject to legal conditions of an agreement as specified in the provisions of article 1320 bw: for an agreement to be valid, the following four conditions are required: 1. agreement of those who bind themselves; 2. ability to make an engagement; 3. a particular thing; 4. a reason that is allowed. ppjb is an agreement made by prospective sellers and prospective buyers who bind themselves to transfer ownership of land rights. prospective sellers commit themselves to surrender their ownership rights to land to prospective buyers; prospective buyers bind themselves to pay the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 price of the land rights. ppjb is frequently found in property sale and purchase transaction over a flat unit where the developer markets the apartment unit before the construction is carried out. ppjb is made to make protection for both sellers and buyers. ppjb guarantees that buyer will pay off the apartment unit in accordance with the agreed time while the developer is bind not to sell the apartment unit to another party other than the buyer at the specified time. ppjb is also a guarantee that the seller is bound to complete the construction of the apartment unit purchased by the buyer. at present, ppjb is not only often made for sale and purchase of property rights over flats but also buying and selling houses. some of the reasons for making ppjb are as follows: a. the certificate has not been issued on behalf of the seller and is still in process at the land office; b. the certificate is not on behalf of the seller, and is still in the process of title transfer documents to be made with seller’s name. c. the certificate has been issued and is already on behalf of the seller but the purchase agreed has not been fully paid by the buyer to the seller. d. the certificate has been issued on behalf of the seller’s name and the price has been paid off by the buyer to the seller, but the requirements are not complete. e. certificates have been used as collateral in the bank and there is still no guarantee. the use of ppjb in purchase and sell agreement does not contradict or violate the national land law because ppjb is a preliminary agreement to allow legal actions to sell before the competent authority. ppjb made between parties must be followed up with the issuance of a deed of sale in the presence of an authorized land deed maker. ppat as a public official has the authority to carry out legal actions in the form of creating deeds related to legal actions regarding land rights based on laws and regulations. the deed made by ppat has the following functions: a. ppat deed is proof of certain legal actions regarding land rights and ownership rights to the apartment unit; b. ppat deed is the basis for registration of changes to land registration data to the regency/city land office whose working area covers the location of the land concerned. the deed made by ppat is the basis for land registration in the regency/city land office as determined in the provisions of article 37 paragraph (1) of pp number 24 of 1997. the parties that have bound themselves to make ppjb must conduct follow up by creating a deed of sale in front of land officer, hence, the transfer of land rights or ownership rights over an apartment unit can be registered at the local regency/city land office. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 with the signing of sale and purchase deed by the parties signs that the sell and purchase object has become the property of the buyer. uupa stipulates that "the registration referred to in paragraph 1 is a strong evidentiary instrument regarding the abolition of property rights and the validity of the transfer and assignment." ppjb is used by the community as a bridge remembering sale and purchase of land according to customary law is cash and clear. ppjb contains promises from the parties to transfer ownership of land rights. ppjb does not result in the transfer of ownership of land rights. the transfer of ownership of land rights is proven by the existence of a deed made by the authorized ppat and registered with the local regency/city land office. according to maria sumardjono, purchase and selling of land rights based on customary law is done in cash and the rights are transferred to the buyer when purchase and selling is done before ppat. however, to bind third parties including the government, registration is required. according to boedi harsono, while article 23 paragraph (2) of uupa determines that ownership rights are transferred when the ppat deed is made, the evidence does not apply to third parties, because what third parties has to know is what is listed in the land book and certificate of rights concerned. therefore, the position of the new owner is immaculate (in terms of proof) after the registration of the transfer of rights to the land has been carried out by the head of the land registration office even though the buyer has become the owner since the sale and purchase. the deed made by the ppat must be registered to the local regency/city land office because the uupa adheres to a registration of title registration system in which the registration system creates new rights. the transfer of rights including the assignment must be proven by a deed. the deed is not registered but the rights emerged from the deed are registered. therefore, the deed is only used as a data source to obtain clarity regarding the occurrence of a right or transfer of rights. based on this description, ppjb made by the parties does not transfer ownership of land rights, because the transfer of land rights or ownership rights of an apartment unit can only be proven by a deed made by the authorized ppat, in this case the deed of sale and purchase. the deed must be registered to the local regency/city land office. 3.2. validity land rights transfer registration based on sales and purchase agreement in the context of tax amnesty taxes are regulated in the law of the republic of indonesia number 28 of 2007 on the third amendment to law number 6 of 1983 on general provisions and procedures for taxation (hereinafter referred to as law number 28 of 2007). article 1 number 1 of law number 28 of 2007 defines taxes as "compulsory contributions to the state owed by private or coercive bodies yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 based on the law, by not receiving direct compensation and being used for state needs for the greatest prosperity of the people. "article 1 number 2 determines that the taxpayer is an individual or entity, including taxpayers, tax cutters, and tax collectors who have the right and obligation to pay according to the provisions of the legislation. law number 11 of 2016 in the provisions of article 1 number 1 defines tax amnesty as "the elimination of taxes that should be owed, not subject to tax administration sanctions and criminal sanctions in the field of taxation by disclosing assets and paying ransoms as stipulated in this act." this tax amnesty is for every taxpayer who still has tax obligations until the end of the last tax year that has not been or has not been fully resolved by the taxpayer. the tax obligations referred to are: a. income tax obligations; b. value added tax obligations; and c. sales tax obligations on luxury goods. taxpayers who carry out tax amnesty must first submit a statement and their attachments to the minister and pay a ransom. within ten days after receipt of a statement from the taxpayer, the minister or appointed official on behalf of the minister will issue a certificate. with the issuance of certificates, taxpayers can enjoy tax amnesty facilities, one of which is immovable property in the form of land and/or buildings that have not been reversed in the name of taxpayers as article 15 of law number 11 of 2016. the transfer title must be carried out within a period of no later than december 31, 2017, and if it exceeds december 31, 2017 taxpayers are subject to tax in accordance with the provisions of legislation governing income tax. the provisions of article 15 of law number 11 year 2016 underlie the establishment of the agrarian ministerial regulation number 15 of 2017. the agrarian regulation number 15 year 2017 stipulates that land and buildings belonging to taxpayers registered under other people's names, or hereinafter referred to as nominees must be transferred in the name of mandatory tax. this transition is carried out by making a statement letter by both parties, i.e taxpayers and nominees before a notary who states that the land and the intended building are true of the taxpayer's property, followed by bphtb payments calculated based on njop current year on land and building and exemption from income tax for nominees. transfers of land rights carried out by taxpayers and nominees must be registered with the local land office for registration of transfer of rights by recording in the land book and the relevant certificate of land rights as follows: "a statement by both parties stating that the land and building are the property of the taxpayer made before a notary ..., in ... on the day ..., date ..., month ..., year. ..., number ..., in accordance with the provisions of article 15 of law number 11 year 2016 on tax amnesty juncto article 37 paragraph (2) government regulation number 24 of 1997 on land registration." yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 law of the republic of indonesia number 12 of 2011 on the establishment of legislation (hereinafter referred to as law number 12 of 2011) in the provisions of article 1 point 2 stipulates that "legislation is a written regulation containing generally binding and established legal norms or stipulated by state institutions or authorized officials through the procedures stipulated in legislation. " legislation includes laws and regulations under it; therefore a legislative hierarchy is formed. the hierarchy of statutory regulations is the order and order of all legal regulations on a regular basis, starting from the highest legal regulations to the lowest degree. the type and hierarchy of laws and regulations based on the provisions of article 7 paragraph (1) of law number 12 of 2011 are as follows: 1. 1945 constitution of the republic of indonesia; 2. decree of the people's consultative assembly; 3. substitute government law / regulations; 4. government regulations; 5. presidential regulation; 6. provincial regulation; and 7. regency/city regional regulations. based on the provisions of article 8 paragraph (1) of law number 12 year 2011, the types of legislation as referred to in article 7 paragraph (1) include regulations stipulated by the people's consultative assembly, house of representatives, regional representative council, supreme court, court constitution, supreme audit agency, judicial commission, bank indonesia, minister, equivalent agency, institution or commission established by law or government at the behest of the law, provincial regional representative council, governor, district regional representative council/city, regent/mayor, village head or equivalent. these laws and regulations are recognized and have binding legal force insofar as they are ordered by higher laws or established based on authority. there are two authorities possessed by officials, i.e bound authority and free authority. free authority, often referred to as freies ermessen comes from the word frei which means free, free, unbound and free. freies ermessen means people who have the freedom to judge, suspect and consider something. this term is then used in the field of government which is interpreted as one of the means that provides space for officials or state administrative bodies to take action without having to be fully bound by the law. the authority of freies ermessen cannot be used as freely as possible because its use must be within the limits possible, that is, it must not conflict with applicable law both written and unwritten law, and is intended for the public interest. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 freies ermessen is embodied in a juridical instrument is called a policy of wisdom. this policy regulation is outlined in various forms such as beleidslijnen (lines of wisdom), het beleid (wisdom), voorschriften (rules), richtlijnen (guidelines), regelingen (instructions), circulaires, resoluties (resolutions), aanschrijvingen (instructions), beleidsnota's (wisdom notes), regulations (ministriele) (ministerial regulations), beschikkingen (decisions) and en bekennmakingen (announcements). according to j. van van kreveld, the characteristics of policy regulations are as follows: a. direct or indirect regulations, not based on the provisions of a formal law or a constitution that provides the authority to regulate, in other words the basic of the regulation is not found in the law; b. unwritten regulations and appear through a series of decisions by government agencies in exercising government authority that is free of citizenship or stipulated in writing by the government agency; c. regulation provides general instructions, in other words without statements from individual citizens about how government agencies exercise their free governmental authority over each individual citizen who is in a situation formulated in that regulation. in the hierarchy of laws and regulations, circular is not included in the laws and regulations, as stipulated in the provisions of article 7 of law number 12 of 2011. circular is a policy regulation made by government officials based on the free authority of their ermessen. government officials cannot use freies ermessen as freely as possible because there are restrictions that may not conflict with applicable laws in both written and unwritten law (yustianti, susilo, & roesli, 2019). the policy made by the government is a statutory regulation or a policy regulation is not permitted if it is contrary to the policies regulated in the regulations above, this can be seen from the theory of "stufenbau theory" proposed by hans kelsen as follows: 1. legal norms are composed of the lowest to the highest norms. 2. every norm is always based on higher norms and the higher norms is also based on the higher norms and so on to the highest norm called the basic norm or basic rule (grundsnorm). 4. higher norms are fundamental and universal, while lower norms are more actual and specific because they are basically implementing regulations rather than higher norms in their respective fields. lower norms outnumber the higher degree of norms, thus, the construction of the hierarchy of legal norms looks like a cross section of a pyramid. in the context of tax amnesty, the government issued a policy through circular number 9/se/x/2017 that allows registration of land at the local land office based on ppjb. pp no. 24 of 1997 stipulates that land registration in the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 land office can only be proven by a deed made by the authorized ppat, and in this case the ppjb is not a deed made by ppat. in principle, the transfer of land ownership in the context of tax amnesty based on the ppjb cannot be justified because ppjb is only an agreement that binds prospective sellers and prospective buyers regarding the agreement they have made. with this agreement the ownership of land rights has not been changed because the transfer of ownership of land rights must be proven by a deed made before the ppat authorized to be registered with the local land office. in practice, there are two forms of ppjb, i.e ppjb fully paid off and ppjb non-fully paid. while a transaction has been paid in full by the buyer to the seller, the ppjb cannot directly be registered to the land office for title transfer. ppjb which is followed by the authority to sell can be used as the basis for issuing ppat deeds that they can be registered. it is different from the policy of transferring of ownership in the framework of tax amnesty which is regulated in circular number 9/se/x/2017. registration of transfer of land ownership in the framework of tax amnesty is carried out by the authorized official, i.e the local regency/city land office. however, the basis of the government official in carrying out his authority will cause problems because of the basis of the authority of the district land office/city is minister of agrarian regulation number 15 of 2017 juncto circular number 9/se/x/2017. this circular is a policy that may not contradictory with the laws and regulations of article 37 paragraph (1) of government regulation number 24 of 1997. two different policies will lead to different interpretations. legal certainty is not achieved because it will confuse the public regarding which policies must be obeyed. 4. conlusion the sale and purchase agreement (ppjb) is an agreement made by prospective sellers and prospective buyers to transfer land ownership at an agreed price. ppjb is made by the parties because the requirements for buying and selling have not been fulfilled. however, many do not have enough knowledge about ppjb, its strengths and legal consequences. the right to land is only changed when the deed of sale is made by the authorized ppat and registered to the local regency/city land office. registration of transfer of land ownership in the framework of tax amnesty is carried out by the authorized official, i.e the local regency/city land office. however, the basis of the government official in carrying out his authority will cause problems because of the basis of the authority of the district land office/city is minister of agrarian regulation number 15 of 2017 juncto circular number 9/se/x/2017. this circular is a policy that may not contradictory with the laws and regulations of article 37 paragraph (1) of government regulation number 24 of 1997 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 which determines that the registration of the transfer of land rights at the local land office is based on the the deed created by the authorized ppat. the conflicting policy will hamper the legal certainty aspired to prosper the society. references halim, a. ridwan. (2005), pengantar ilmu hukum dalam tanya jawab, cetakan kedua, ghalia indonesia, bogor. hr, ridwan. (2007), hukum administrasi negara, pt. raja grafindo persada, jakarta. poernomo, freddy dan a’an efendi. (2017), hukum administrasi, sinar grafika, jakarta. santoso, urip. (2016), pejabat pembuat akta tanah : perspektif regulasi, wewenang, dan sifat akta, kencana prenadamedia, jakarta. sekarmadji, agus, eman ramelan, j.andy hartanto dan sri handajadi. (2014), perlindungan hukum bagi konsumen pembeli satuan rumah susun/ strata title/apartemen, aswaja pressindo, yogyakarta. subekti. (1992), hukum perjanjian, cetakan keempatbelas, intermasa, jakarta. sutedi, adrian. (2008), peralihan hak atas tanah dan pendaftarannya, sinar grafika, jakarta. sulihandari, hartanti, nisya rifiani. (2013), prinsip-prinsip dasar profesi notaris, dunia cerdas, jakarta timur. tobing, g.h.s lumban.(1980), peraturan jabatan notaris, erlangga, jakarta. undang-undang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria undang-undang nomor 28 tahun 2007 tentang perubahan ketiga atas undang-undang nomor 6 tahun 1983 tentang ketentuan umum dan tata cara perpajakan undang-undang nomor 12 tahun 2011 tentang pembentukan peraturan perundang-undangan undang-undang nomor 11 tahun 2016 tentang pengampunan pajak peraturan pemerintah nomor 24 tahun 1997 tentang pendaftaran tanah peraturan menteri agraria dan tata ruang/kepala badan pertanahan nasional nomor 15 tahun 2017 tentang pendaftaran peralihan hak atas tanah dalam rangka pengampunan pajak surat edaran nomor 9/se/x/2017 tentang petunjuk pelaksanaan peraturan menteri agraria dan tata ruang/kepala badan pertanahan nasional nomor 15 tahun 2017 tentang pendaftaran peralihan hak atas tanah dalam rangka pengampunan pajak yustianti, s., susilo, d., & roesli, m. (2019). regulation of banking policies that brings implication for criminal act. yurisdiksi: jurnal wacana hukum dan sains, 13(2), 117– 129. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 legal protection against taxpayers after entirement of automatic exchange of information moh saleh, any palaud. faculty of law, narotama university, surabaya e-mail : saleh.nwa@gmail.com, anypalaud@yahoo.com abstract purpose of this study is to determine the legal consequences of the implementation of automatic exchange of information related to bank secrecy and to determine the form of legal protection for taxpayers after the implementation of automatic exchange of information. the author uses a normative juridical research method as well as aapproach statute and a conceptual approach. from the research results, it can be concluded that the implementation of the automatic exchange of information does not completely override bank secrecy norms, but only requires financial services institutions to provide financial information for depositors and their deposits in accordance with established regulations, and the enforcement of these rules is solely for tax purposes. and not for other purposes, so that outside of taxation purposes, the regulations protecting bank secrecy are still valid. and the form of legal protection provided by the government to taxpayers is in the form of statutory regulations that still guarantee bank secrecy outside of taxation interests, that access to data opening is only given to certain officials of the directorate general of taxes so that confidentiality can be more guaranteed and the government will provide criminal sanctions. for officials who leak the data in accordance with the prevailing laws and regulations. keywords: automatic exchange of information, bank secrecy, financial information 1. introduction the largest source of income in the state revenue and expenditure budget (apbn) to finance national development is taxes. the economic crisis that occurred in 2008 has caused tax revenues to decline. the government continues to strive to maximize revenue from the tax side, but it does not work well because there are manytax avoidanceandtax evasionpractices carried out by taxpayers by taking advantage of the limited conditions of tax authorities in obtaining financial information, including by shifting profits and saving money from the proceeds of these activities intax haven countriesor countries with tax rates lower than indonesia. so far, the directorate general of taxes has been able to access financial information, but only on a case-by-case basis. regulations on commodity futures trading, taxation, banking, islamic banking and the capital market have placed restrictions on tax authorities from obtaining financial information. developed and developing industrial countries that are members of the g20 group work together in discussing policies that lead to international financial stability (jubery et al., 2017). in several international meeting forums, it has been announced that matters related to secrets in the banking sector have ended and countries that are members of the g20 group have agreed to implement aeoi (automatic exchange of information). indonesia, which is one of the members of the g20 group, also agreed to implement the aeoi. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 in 2014, the g20 countries including indonesia declared a commitment to start implementing the aeoi in 2017 or 2018. as a manifestation, on 3 june 2015 indonesia signed the mcaa (multilateral competent authority agreement) as a multilateral legal framework to implement aeoi and indonesia agreed to starting to run aeoi in september 2018. with regard to the implementation of aeoi, so that indonesia is not considered a country that has failed to fulfill its commitments, then by june 30 2017 indonesia must have primary legislation (at the level of law) and secondary legislation (regulations in under the act) (kusworini, 2018). due to the urgent need, the president issued primary legislation in the form of government regulation in lieu of law of the republic of indonesia number 1 of 2017 concerning access to financial information for taxation purposes (hereinafter abbreviated as perppu 1/2017), which was promulgated on may 8 2017 and secondary legislation, namely regulation of the minister of finance of the republic of indonesia number 70 / pmk.03 / 2017 (hereinafter abbreviated as pmk 70/2017) dated 31 may 2017 concerning technical guidelines regarding access to financial information for taxation purposes. with the issuance of perppu 1/2017 and pmk 70/2017, indonesia has met the requirements to implement the automatic exchange of information. at the dpr plenary session on july 27 2017, perppu 1/2017 was approved into law and stipulated as law number 9 of 2017 concerning stipulation of government regulations in lieu of law of the republic of indonesia number 1 of 2017 concerning access to financial information for taxation purposes. law (hereinafter abbreviated as uu 9/2017) and making perppu 1/2017 as an inseparable attachment to law 9/2017. as a form of implementation, the republic of indonesia minister of finance regulation number 73 / pmk.03 / 2017 dated 13 june 2017 concerning amendments to the regulation of the minister of finance of the republic of indonesia number 70 / pmk.03 / 2017 concerning technical guidelines on access to financial information for taxation purposes was issued (hereinafter abbreviated as pmk 73/2017). in relation to law 9/2017, one of the articles that has caused a lot of debate is the article on the elimination of bank secrecy as stated in article 8 number (2) of the appendix of law 9/2017, that when the perppu comes into effect, articles 40 and 41 of the law number 7 of 1992 concerning banking (hereinafter abbreviated to law 7/1992) as amended by law number 10 of 1998 concerning amendments to law number 7 of 1992 concerning banking (hereinafter abbreviated to law 10/1998) is declared invalid (wanda, 2020). article 40 of law 7/1992 states that banks have an obligation to keep confidential information about their depositing customers and their deposits, except for articles 41, 41a, 42, 43, 44 and 44a. meanwhile article 41 states that the management of bank indonesia, upon instruction ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 from the minister of finance, has the authority to order banks to provide information on the financial condition of depositors to the tax authorities. with the revocation of the article on bank secrecy, what about the existing banking rules that guarantee customer confidentiality, as set forth in article 2 paragraph (1) of bank indonesia regulation number 2/19 / pbi / 2000 concerning requirements and procedures for issuance of orders or written permit to open bank secrets (hereinafter abbreviated as pbi 2/2000) that a bank is obliged to keep confidential information about its depositing customers and deposits. as is well known, in the banking world there are several banking principles, namely thefiduciary reality principle, theprudential principle, thesecrecy principle, and theknow how customer principle (imaniyati & putra, 2016). banks as a financial institution must be able to maintain and guarantee the confidentiality of customer data so that it can be trusted by the public (latubatara et al., 2018). with the disclosure of financial information by banks, capital markets, insurance and other financial institutions to the directorate general of taxes, it means that there are customer rights being violated, namely protection of assets in the form of accounts or financial information controlled by customers and insecurities that should be protected by law. -the law, as stated in article 28g of the 1945 constitution, states that every person has the right to be protected against his / her person, family, honor, dignity and property under his control. therefore, this study aims to determine: 1. what are the legal consequences of the implementation of the automatic exchange of information related to bank secrecy? 2. what is the form of legal protection for taxpayers after the implementation of automatic exchange of information ? 2. research method this study uses a legal research method with the type of juridical normative research which uses the basis of analysis of tax and banking laws and regulations as well as several other legal documents. the author uses a research approach in the form of a statutory approach (statute approach) and a conceptual approach (conceptual approach). 3. results and discussion assessment of access to financial information for taxation purposes according to article 1 of the annex to law 9/2017, access to financial information for tax purposes includes access to receive or obtain financial information related to the implementation of ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 the provisions of laws and regulations in the field of taxation as well as the implementation of international tax treaties. based on the appendix to law 9/2017, the authority of the directorate general of taxes includes the authority to obtain financial information from banks, capital markets, insurance, other financial service institutions, request information or information from financial service institutions that will be used by the directorate general of taxes as a national tax database and carry out the exchange of financial information with the competent authorities in other countries or jurisdictions. banking institutions are required to submit to the director general of taxes financial information reports in accordance with international treaty exchange standards which at least contain the identity of the financial account holder, financial account number, financial service institution identity, financial account balance or value, and income related to financial accounts. the issuance of law 9/2017 has two interests, namely as a form of implementation of the international agreement because indonesia has agreed to implement the aeoi and for the purposes of domestic taxation, namely as the tax database of the directorate general of taxes. bank confidentiality concept national development which aims at realizing a just and prosperous society in its implementation requires a significant and sustainable amount of funds. the banking sector as a type of financial institution that plays a role in collecting and distributing public funds has a very large role in realizing this national development. in indonesia, banking institutions have a mission and function as agentsof development, namely as an institution whose goal is to support the implementation of national development in an effort to increase equity, economic growth and national stability towards improving the welfare of the people at large (imaniyati & putra, 2016). according to article 1 number (2) of law 10/1998, a bank is a business entity that raises funds from the public in the form of deposits, then distributes them to the public in the form of credit and / or other forms in an effort to improve the standard of living of the people at large. article 1 number 16 of law 7/1992 explains thatbank secrecy is everything related to finances and other matters of bank customers which according to the custom of the banking world must be kept secret. the article on bank secrecy was later changed to article 1 number 28 of law 10/1998, that bank secrets cover everything related to information regarding depositors and their savings. information regarding bank customers is interpreted not only in terms of their financial condition but also all forms of information and information related to depositors known to the bank providing financial services. from these changes, it can be seen that the scope of bank secrecy has shifted, because in law 7/1992 bank secrecy is broader in scope because it applies to every customer without differentiating between depository customers and borrowing customers. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 meanwhile, the provisions on bank secrecy according to law 10/1998 are narrower because they only apply to depositors and their deposits. this means that since november 10, 1998, information about borrowing customers is no longer a bank secret. the banking business is a business of trust, which means that the public as the customer deals with the bank because the public believes that the bank will uphold the norms in the banking business, one of which is bank secrets. regarding bank secrecy, there are two bank secret theories, namely: 1. absolute theory, where bank secrets are absolute, meaning that all information about customers and their finances recorded at the bank must be kept confidential without exceptions and restrictions, for any reason and by anyone. 2. relative theory (relative theory), that bank secrets are relatively (limited), meaning that all information about customers and their finances recorded at the bank must be kept confidential, but if there are reasons that can be justified by law for urgent interests or interests state, the secret can be disclosed to the competent authority (imaniyati & putra, 2016). indonesia adheres to the relative / relative theory, which can be proven by the existence of article 40 paragraph (1) of law 10/1998, that banks are obliged to keep information about their depositing customers and their deposits confidential, except in the cases referred to in articles 41, 41a, 42, 43, 44, and 44a. according to law 10/1998, the parties that can be provided with information about depositors and their deposits are: 1. tax officials, for tax purposes. 2. officials of the state receivables and auction affairs agency / state receivables affairs committee, in order to settle bank receivables that have been given to the state receivables and auction administration agency / state receivables affairs committee. 3. police, prosecutors or judges, for the sake of justice in criminal cases. 4. court, in a civil case between a bank and its customer. 5. other banks, in order to exchange information between banks. 6. the party appointed by the depositing customer, upon request, approval or power of attorney from the depositing customer in writing. 7. legitimate heirs of a depositing customer, if the depositing customer has passed away. apart from the above exceptions, the corruption eradication commission (kpk) is also given the authority to disclose bank secrets. this authority is based on the supreme court letter number kma / 694 / r.45 / xii / 2004 concerning legal considerations for the implementation of the corruption eradication commission's authority regarding bank secrecy provisions signed by ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 the chief justice of the supreme court of the republic of indonesia on december 2, 2004. that the provisions of article 12 of law number 30 of 2002 concerning the corruption eradication commission are a special provision (lex specialis) that gives the kpk authority to carry out investigative, investigative and prosecutorial tasks. article 2 paragraph (1) pbi 2/2000 states that banks are obliged to keep everything related to information about depositors and customer deposits confidential. article 4 paragraph (1) pbi 2/2000 explains that for tax purposes, the management of bank indonesia has the right to issue a written order to the bank to provide information and show written evidence and documents regarding the financial condition of certain depositors to tax officers. article 8 of the annex to law 9/2017 states that when perppu 1/2017 comes into effect, then: article 40 of the banking law which requires banks to keep confidential information about their depositors and their deposits, article 41 of the islamic banking law which states that banks and affiliated parties is obliged to keep confidential information about depositing customers and their deposits as well as investors' and investment customers, is declared invalid as long as it relates to the implementation of access to financial information for tax purposes. this article is an article deemed to violate the privacy rights of the public, especially bank customers, because it has eliminated government guarantees of banking obligations to keep information about bank customers and their deposits confidential. the principle of bank secrecy, from the perspective of public law, is that there is an international public law that regulates the era of inter-state bank secrecy as a form of implementation of the automatic exchange of information as well as criminal law if there is a violation by an official of the directorate general of taxes who leaks customer financial data. meanwhile, from a private law perspective, there are sanctions if there is a breach of bank secrecy because the agreement between the bank and the customer is contractual in nature so that it can be sued in a civil manner (wan achievement). legal consequences for the implementation of automatic exchange of information relating to bank confidentiality law 9/2017 is an application of the legal principles of lex specialis derogat legi generalis, where regulations / norms that are specific in nature will override general regulations / norms. this application can be carried out as long as the two rules or norms are in the same hierarchical and jurisdictional area. in this case, the legal norms related to bank secrecy and bank customer data disclosure are in the same hierarchy and jurisdiction, so that the legal principles of ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 lex specialis derogat legi generalis can be applied to promote the enforcement of norms regulated in law 9/2017 so that the norms are ignored. related to bank secrecy stipulated in the banking law. although the legal principle of lex specialis derogat legi generalis is applied, law 9/2017 does not completely rule out bank secrecy norms, but only requires financial services institutions to provide financial information for depositing customers and their deposits in accordance with established regulations. this means that even though law 9/2107 has been enacted, it does not merely eliminate the prevailing bank secrecy principle, so that outside of taxation interests, the regulations protecting bank secrecy are still valid as long as they are outside of those stipulated in law 9/2017. the issuance of law 9/2017 authorizes the directorate general of taxes to obtain access to financial information from banking institutions for national tax purposes. this has resulted in legal consequences as a logical consequence of the enactment of the law. some of the legal consequences that arise as a result of the implementation of the automatic exchange of information are: a. financial institutions are obliged to collect and report financial information to taxation authorities and authorize tax authorities to exchange it with other countries. b. banking activities have become more open and transparent. this resulted in the directorate general of taxation obtaining accurate and indispensable financial information in order to implement the aeoi application. legal protection for bank customers the existing law must be able to integrate the interests of various parties so that the existing conflicts can be minimized. according to prof. dr. satjipto rahardjo, sh, the law protects a person's interests by distributing power to him to act in relation to those interests. not all power in society is called a right, but only certain powers that are given by law to a person. the legal relationship between a bank and a customer is based on an agreement in the form of an agreement, so it is only natural that the interests of the customer receive legal protection, as the protection provided by law to banks. according to marulak pardede, legal protection for bank customers in the indonesian banking system can be done in two ways, namely (munir, n.d.): a. implicitdeposit protection, namely protection obtained from effective bank supervision and guidance. b. explicit(protectionexplicit deposit protection), namely protection through the formation of an institution that provides guarantees for public savings, so that if the ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 bank fails, the institution will replace public funds. of protection implicitly shows that the state gives legal protection to the public as among bank customers in the form of legislation, among other things (meilany, 2008): 1. article 40 paragraph (1) of the banking act that banks are required to keep confidential information about customers and their savings, except for the benefit of certain parties as stated in articles 41, 41a, 42, 43, 44, and 44a of law 10/1998. 2. article 34 paragraph (1) of the kup law states that officials are prohibited from informing other parties about everything they know about their position or occupation in the context of implementing the provisions of tax laws and regulations. 3. article 2 paragraph (1) pbi 2/2000 states that banks are obliged to keep confidential everything related to information regarding depositors and their deposits. in this case, it is clear that the indonesian government has actually provided legal protection to the people of indonesia as bank customers, namely in the form of prohibitions for officials or banks to provide customer financial information to other parties, unless it is necessary for special interests that have been regulated in statutory provisions. . forms of legal protection for taxpayers after the enforcement of automatic exchange of information bank secrecy is the soul of the banking system based on common banking practices, agreements or contracts between banks and customers (yustianti & roesli, 2018), as well as written regulations established by the state.(bank secrecybank secrecy, financial privacy) is considered a human right that must be protected from interference by the state and other people (rohendi, 2018). the existence of bank secrecy provisions is intended for the interests of customers so that confidentiality related to their financial situation is protected. in addition, the provisions on bank secrecy are aimed at the interests of banks so that banks can be trusted and their survival is maintained. in some countries, both those adhering to thesystems common law and civil law regulate bank secrets with the aim of protecting thefinancial privacyof customers from being easily accessed by unauthorized parties (husein, 2003). although the enactment of law 9/2017 seems to violate the privacy rights of customers regarding the guarantee of confidentiality protection, the government has committed to safeguarding customer data in order to implement access to financial information for tax purposes by emphasizing it in article 30 pmk 70/2017, that (anggia, 2020): a. the financial information in the report that must be reported is used as the tax database for the director general of taxes. b. any financial information must be kept confidential in accordance with applicable ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 regulations. c. every appointed official and expert is prohibited from divulging, disseminating and / or disclosing financial information to unauthorized parties. d. every official and expert who does not maintain such confidentiality will be punished in accordance with the provisions of article 41 of the kup law. article 41 of the kup law states that an official who due to negligence does not fulfill his obligation to keep secret in the framework of his position or job in carrying out tax laws and regulations, will be punished with imprisonment of up to 6 months or a maximum fine of rp. 1 million. if done deliberately, a maximum sentence of 1 year and a fine of idr 2 million will be imposed. thus, with the implementation of the automatic exchange of information, the government will continue to provide legal protection to taxpayers, especially bank customers, regarding the confidentiality of financial information as follows: a. the government, through the directorate general of taxes, has provided security and confidentiality protection for customer data in accordance with the provisions of tax laws and international treaties. b. the government only provides access to open customer financial data to certain directorate general of taxes so that confidentiality can be maintained. c. the government will provide criminal sanctions for tax officers who leak the data, in accordance with the provisions of article 30 pmk 70/2017. 4. conclusion the legal consequence of applying the automatic exchange of information in relation to bank secrecy is that the enforcement of automatic exchange of information is solely for tax purposes and not for any other purpose. law 9/2017 does not completely rule out bank secrecy norms, but only requires financial services institutions to provide financial information on depositing customers and their deposits in accordance with established regulations. this means that even though the automatic exchange of information has been implemented, it does not merely eliminate the prevailing bank secrecy principle, so that outside of taxation interests, regulations protecting bank secrecy are still in effect as long as they are outside those stipulated in law 9/2017. the forms of legal protection for taxpayers after the implementation of the automatic exchange of information are: 1. the government through the directorate general of taxation has provided protection for the security and confidentiality of customer data in accordance with the provisions ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 of tax laws and international treaties. 2. the government only provides access to open customer financial data to certain directorate general of taxes so that its confidentiality can be maintained. 3. the government provides criminal sanctions for tax officials who leak the data in accordance with the provisions of article 30 pmk 70 / pmk.03 / 2017. references anggia, p. (2020). the influence of international tax policy on the indonesian tax law. yuridika, 35(2), 343–362. husein, y. (2003). bank confidential privacy versus public interest, postgraduate program faculty of law. law ui, jakarta. imaniyati, n. s., & putra, p. a. a. (2016). introduction to indonesian banking law. refika aditama. jubery, m., moeljadi, m., fajri, a. c., & atim, d. (2017). the perspective of the agency theory in budget preparation of local government and its implementation on budget performance and financial decentralization to realize performance of local government of regencies and cities in banten province. russian journal of agricultural and socio-economic sciences, 62(2). kusworini, k. (2018). perppu number 1 of 2017 concerning “access to financial information for taxation interest” and its implications for financial institutions in indonesia. scientific journal of law and community dynamics, 15 (1). latubatara, f. m. a., rudy, d. g., & purwanti, n. p. (2018). bank confidentials related to customer data protection after the issue of perppu number 1 of 2017 concerning access to financial information for taxation interest. kertha semaya: journal of legal studies, 1–15. meilany, m. (2008). legal protection for bank customers in terms of law no. 8 of 1999 concerning consumer protection. legal protection for bank customers in terms of law no. 8 of 1999 concerning consumer protection. munir, f. m. (n.d.). implications of eliminating the choice of legal forums in the resolution of islamic banking disputes (analysis of the constitutional court's decision no. 93 / puu-x / 2012). faculty of sharia and law, syarif hidayatullah state islamic university jakarta. rohendi, a. (2018). reporting obligation of credit card transaction: perspective of bank secrecy and the government regulation in lieu of law no 1/2017 on the access to information for taxation purposes. padjadjaran journal of law, 5(1), 143–163. wanda, a. n. (2020). accountability for banking crimes related to bank confidential information. indonesian journal of criminal law, 2 (1), 1–14. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 130 the role of the drug and food supervisory agency (bpom) on the difference of clorined vinylers reviewed from law number 8 of 1999 consumer protection anisa vidya sasmita faculty of law, notary study program airlangga university email: anisavidyas@gmail.compaper abstract the purpose of thisis to know about the role of bpom in consumers for the circulation of chlorinated sanitary napkins which are reviewed from the uupk and how the role of bpom is in accordance with the provisions of the applicable legislation. the indonesian consumers foundation (which was later abbreviated as ylki) has tested the chlorine content in the charm brand sanitary napkin which is a product of pt. indonesian charm union. the ylki test results found the highest chlorine content in this brand, namely (54.73 ppm). based on the provisions of the food and drug administration (fda) the united states has recommended that the maximum chlorine limit in sanitary napkins is 0.1 ppm. consumers who have used the charm pads in the long term can cause reproductive health problems, such as vaginal discharge, hives, irritation, and even can causecancer cervical. keywords: role of bpom; chlorine; health problems. 1. introduction nowadays in a society's development by seeing the rapid growth and economic development in the business world, especially in developed countries, it is concerned about the issue of consumer protection. community consumption of these products tends to continue to increase, along with changes in people's lifestyles including their consumption patterns. changes in production technology, trading systems and consumer lifestyles in reality increase risk with broad implications on consumer health and safety (roesli, heri, & rahayu, 2017). in the event of a product that does not meet the standards, is damaged or contaminated by hazardous materials, the risks that occur will be large and wide scale and take place very quickly. the first aspect of consumer protection is the issue of the responsibility of the business actor for losses as a result of the product. lack of awareness and responsibility as a business actor will have fatal consequences and face risks for the survival and credibility of its business. the low quality of the product or the existence of defects in the marketed products will cause losses for yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 131 consumers, in addition to the producers will also face demands for compensation which will ultimately lead to losing competitiveness of these products in capturing market share. before business actors enter their products into market share. the product must be registered to carry out the results of the raw material testing carried out by the food and drug supervisory agency which is then abbreviated (bpom) so that the ingredients contained in the product do not endanger consumers and are suitable for use by consumers. bpom is a government agency tasked with supervising, standardizing, and certifying food and drug products that cover all aspects of the manufacture, sale, use and safety of food, medicines, cosmetics and other products. based on the decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom year 2001 concerning the organization and work procedures of the drug and food supervisory body article 2 determines: "bpom has the duty to carry out government duties in the field of drug and food supervision in accordance with statutory provisions invitations apply. " but at this time many sanitary napkins on the market have not fully been able to provide health insurance for women, the variety of news shows, the addition of chemicals namely chlorine to sanitary napkins that endanger female reproductive organs, this is certainly a dilemma in women , remembering sanitary napkins is the main need of women every month. according to zullies ikawati, stated that chlorine is a variety of compounds containing chlorine (cl). one of the reasons for chlorine is being abandoned, partly because it produces byproducts or by-products in the form of dioxin. in various studies, dioxin compounds are toxic. in connection with chlorine pads used to whiten the pulp which is a filler in these products. the process of bleaching with chlorine risks producing dioxin. the indonesian consumers foundation (which was later abbreviated as ylki) has tested chlorine levels in sanitary napkins. sample purchases until testing were conducted in january march 2015, sample purchases were made in modern retail and testing was carried out using themethod spectrophotometry, from the results of testing ylki found the highest chlorine content (54.73 ppm) in the charm brand which is a product of pt. indonesian charm union. based on the provisions of the food and drug administration (fda) the united states has recommended that the maximum chlorine limit in sanitary napkins is 0.1 ppm. imposing liability against business actors who represent a product incorrectly, either for reasons of default or for reasons of violating the law, is a means that can provide protection to consumers, because the existence of such accountability can cause business people to be more careful in representing a certain product, so that consumers can get a true picture of a product. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 132 therefore the government provides protection to the people of indonesia with the issuance of law number 8 of 1999 concerning consumer protection (which is then abbreviated as uupk). 2. research methods to answer the problems formulated in this paper, the research method used is normative juridical legal research, which is a study using legal materials to solve legal problems or problems to be discussed. the approach used in thisis to use the paperstatute approach and conceptual approach. the statute approach is the approach taken by examining all laws and regulations relating to the legal issues being examined, namely the civil code, uupk, decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom in 2001, ministerial regulation health of the republic of indonesia number: 472 / menkes / per / v / 1996 in 1996. the approach is conceptual approach, which is an approach derived from views and doctrines that develop in law. by studying the views and doctrines in law, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. understanding of these views and doctrines is the material for making a legal argument in solving the issues at hand. in this study using two legal materials namely primary legal material and secondary legal material. primary legal materials are binding legal materials, in the form of applicable laws and regulations that have to do with the issues discussed in this case the civil code, uupk, decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom 2001, ministerial regulation health of the republic of indonesia number: 472 / menkes / per / v / 1996 of 1996. secondary legal material is interpreted as non-binding legal material but describes primary legal material which is the result of the opinions or thoughts of experts or experts who study a particular field specifically, such as the opinions of experts in books, legal journals, seminar materials, legal and internet magazine articles. collection of legal materials is done by inventorying legal materials related to the subject matter in writing, classifying legal materials that have been inventoried in accordance with writing needs, and sorting them systematically. to carry out the analysis, systematic interpretation is used, namely interpretation by examining the case and looking at the role of bpom in the consumer for the circulation of chlorinated sanitary napkins. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 133 3. study of theory 1. overview of consumers the definition of consumers according to article 1 point 2 of the uupk is: consumers are everyone who uses goods and / services available in the community, both for their own interests, their families, other people, and other living things and are not traded. as users of goods / services, consumers have a number of rights and obligations. knowledge of consumer rights is very important so that people can act as critical and independent consumers. the goal, if there is an unfair action against him, he spontaneously realizes that. consumers can then go further to fight for their rights. on the issue of circulation of chlorinated sanitary napkins, consumers have rights that are regulated in article 4 letter a, letter c, letter d and letter h are as follows: a. the right to comfort and safety in consuming goods and / or services c. the right to correct, clear and honest information regarding the condition and guarantee of goods and / or services. d. the right to hear opinions and complaints about the goods and / or services used. h. the right to obtain compensation for compensation and / or reimbursement if the goods and / or services received are not in accordance with the agreement or not as appropriate. noting the rights of consumers mentioned above, it can be explained that consumers have the right to get products that are comfortable, safe and provide safety. . therefore consumers must be protected from all hazards that threaten their health, life and property because of using or consuming products. every product in terms of material composition, construction and quality must be directed to enhance consumers' sense of comfort, safety and safety. there are no products that can harm and injure consumers. consumers also have to obtain compensation for compensation and or replacement, if the goods and or services received are not in accordance with the agreement or not as they should. so if the item purchased does not guarantee safety and security, then the consumer has the right to obtain a new replacement for the product. 2. understanding of business actors business actors according to article 1 point 3 of uupk are: every individual or business entity that is either a legal entity or not a legal entity established and domiciled or conducting activities within the jurisdiction of the republic of indonesia, both individually and jointly through an agreement business activities in various economic fields. this means that what is meant by business actors is those that produce goods and services that are used by consumers. goods as a result of production according to article 1 number 4 of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 134 uupk are: every object both tangible and intangible, both movable and immovable, can be spent or cannot be spent, which can be traded, used, used or utilized by consumers. the rights of business actors as stipulated in article 6 determine the following : a. the right to receive payments in accordance with the agreement on the conditions and exchange rates of traded goods and / or services b. the right to legal protection from the actions of consumers with good intentions c. the right to defend themselves appropriately in the settlement of the consumer dispute law d. the right to rehabilitate the good name if it is proven legally that the consumer loss is not caused by the goods and / or services traded e. the rights are regulated in the provisions of other laws and regulations. f. the right of the business actor to obtain payment from the sale of goods and or services has been fulfilled by the consumer, the business actor must fulfill his obligations as stipulated in article 7 of uupk. among the obligations that must be fulfilled by the business actor, namely compensation and compensation for losses resulting from the use, use and utilization of traded goods and / or services received or utilized are not in accordance with the agreement. and regarding compensation is regulated in article 19 paragraph (1) and paragraph (2) uupk. 3. food and drug supervisory agency (bpom) defines bpom is a government agency tasked with regulating, standardizing and certifying food and drug products covering all aspects of manufacturing, sales, use and safety of food, medicines, cosmetics and other products. bpom is an institution in indonesia tasked with overseeing the circulation of drugs and food in indonesia. the functions and duties of this agency resemble the functions and tasks of food and drug administrators (fda) in the united states. the function of bpom is to carry out control and supervision in the fields of medicine and food. bpom was made into a non-departmental government institution, hereinafter abbreviated (lpnd). in order for oversight by bpom to be more directed, it will be distinguished between its functions and authorities, bpom as lpnd has functions and authorities in establishing regulations in the field of drug and food supervision and clearly requires human resources who are able to carry out orders in implementing law enforcement from statutory provisions applicable laws. bpom was formed based on the decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom of 2001 concerning the organization and work procedures of the bpom. as a government institution that has the duty to carry out the functions and supervision in the field of medicine and food, all bpom programs and activities have the aim of protecting the public as consumers for the quality, safety and usefulness of circulating products. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 135 thus bpom has a strong legal position in making a policy in the field of medicine in the context of implementing drug and food supervision circulating in the territory of indonesia. 4. discussion as a consumer concept was introduced several decades ago in various countries and until now dozens of countries have laws or special regulations that provide protection to consumers including the provision of judicial facilities. in line with these developments, various countries have also established consumer rights that are used as a basis for regulating protection for consumers. the consumer's term comes from the translation of the words of consumers from america, or consument from the netherlands. literally the meaning of the word consumer is everyone who uses goods. understanding of consumers according to uupk can actually be divided into 3 parts, consisting of: 1. consumers in the general sense, namely users, users and / or users of goods and / or services for certain purposes 2. between consumers, namely users, users and / or users of goods and / or services to be produced into other goods / services or to trade them for commercial purposes. consumers are the same asbusiness actors 3. end-consumer, namely users, users and / or users of consumer goods and / or services to meet their own, family or household needs and not to be traded again. consumers must be protected from all hazards that threaten their health, soul and property because of using or consuming products. every product in terms of material composition, construction and quality must be directed to enhance consumers' sense of comfort, safety and safety. there are no products that can harm and injure consumers. therefore, business actors must include their product labels so that consumers can find out the elements that can endanger their security and safety or explain in full about the product so that consumers can decide whether the product is suitable for them. included also in this case is that the business actor must inspect the product before it is distributed so that food that has expired and is no longer suitable for consumption does not reach consumers. business actors are often interpreted as entrepreneurs who produce goods and services. in this sense, every person or entity participating in the supply of goods and services reaches consumers. pt. indonesian charm union as a business actor, namely any individual or business entity in the form of a legal entity or non-established and domiciled in activities within the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 136 jurisdiction of the republic of indonesia, both alone and jointly through agreements to conduct business activities in various economic fields as specified in article 1 number 3 of uupk. the obligation of business actors according to article 7 of uupk determines : a. to have good intentions in carrying out their business activities. b. provide true, clear and honest information about the conditions and guarantees of goods and / or services and provide explanations of use, repair and maintenance. c. treating or serving consumers correctly and honestly and not discriminatory. d. guarantee the quality of goods and / or services produced and / or traded based on the provisions of the applicable quality standards of goods and / or services. e. give an opportunity to consumers to test, and / or try certain goods and / or services and provide guarantees and / or guarantees for goods made and / or traded. f. giving compensation, compensation and / or reimbursement for losses due to use, use and utilization traded goods and / or services. g. give compensation, compensation and / or replacement if the goods and / or services received or utilized are not in accordance with the agreement. pt. the indonesian charm union must provide correct, clear and honest information about the condition and guarantee of goods and / or services and provide an explanation of the use, repair and maintenance of charm sanitary napkins which are the products of their production. however, it turns out that ylki based on the results of the study found that the chlorine content in charm pads was 54.73 ppm. it can be said that pt. the indonesian charm union in carrying out its business activities has contravened article 7 letter b and letter d of the uupk. regarding the provisions of the quality standards of a product. the indonesian government has established a non-departmental government agency, bpom. one of the authorities of bpom is the licensing and supervision of drug distribution and supervision of the pharmaceutical industry. this is based on the interests of consumers. the drug and food supervision objectives are as follows: a. certainty of protection to the public consumers towards the circulation and use of pharmaceutical and food preparations that do not meet the requirements of quality, safety, and efficacy b. strengthening the national economy by increasing the competitiveness of the pharmaceutical and food industries based on excellence. regarding the quality standard provisions of a product. the indonesian government has established a non-departmental government agency, bpom. one of the authorities of bpom is the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 137 licensing and supervision of drug distribution and supervision of the pharmaceutical industry. this is based on the interests of consumers. if it is associated with the issue of circulating chlorinated sanitary napkins, that until now there has been no stipulation from bsn regarding sni regarding the limits of chlorine levels that can be used against sanitary napkins and only uses the standard provisions of the fda, namely the maximum chlorine limit of 0.1 ppm. however, it was found charm sanitary napkins containing chlorine levels exceeding the standard given, which amounted to 54.73 ppm. so bpom as a government institution is protecting the health of consumers from the risk of product distribution that has not met the requirements and products that are not suitable for consumption(susilo & roesli, 2018). this is in accordance with article 3 of the decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom of 2001 concerning bpom's organization and work procedures, namely: a. assessment and formulation of national policies in the field of drug and food supervision. b. coordination of functional activities in the implementation of bpom's tasks c. monitoring, providing guidance and guidance on the activities of government agencies in the field of drug and food supervision implementation of guidance and general administrative services in the field of general planning, administration, organization and management, staffing, finance, archives, coding, equipment household. and article 4 letter c and d based on the decree of the head of the drug and food supervisory agency number: 02001 / sk / kbpom of 2001 concerning bpom's organization and work procedures, namely: a. determination of information systems in the field of drug and food supervision b. determination of requirements for using additives (additives) certain foods and guidelines for drug and food distribution supervision bpom also takes various steps that are deemed necessary to prevent the circulation of chlorine-containing sanitary products. these steps include conducting routine inspections or checks into market share. if chlorine-containing sanitary products are found, bpom will withdraw the product. in addition to carrying out its duties, bpom also conducts counseling and provides education to consumers by providing communication, information and education as well as issuing warnings to the public when found sanitary products containing chlorine which can endanger health, especially for women. in the issue of circulating chlorine-containing sanitary napkins, said that bsn had set sni, but in the sni there was no mention of chlorine levels in sanitary napkins. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 138 in this case, the relation with bpom in providing certainty about the safe standard or tolerance of chlorine content that is permitted to be used is to use the standard provisions of the fda, namely the maximum chlorine limit in sanitary napkins is 0.1 ppm. with the existence of these standards, bpom as a drug and food supervisor continues to protect the public as consumers from the dangers of using chlorine-containing sanitary products, because the safety and comfort of using sanitary napkin products is the right of consumers. in connection with the circulation of charm pads containing chlorine is a violation of consumer rights. therefore, the business actor has an obligation to provide compensation for losses to consumers whose rights are not protected as article 19 paragraph (1) and paragraph (2) uupk, namely: 1. business actors are responsible for providing compensation for damage, pollution, and / or consumer losses due to consuming goods and / or services produced or traded. 2. compensation as referred to in paragraph (1) may be in the form of refunds or replacement of goods and / or services of a similar or equivalent value or health care and / or compensation that is in accordance with the provisions of applicable laws and regulations. in connection with this, consumers who use chlorinated sanitary napkins that have an impact on reproductive health problems, such as vaginal discharge, hives, irritation, and even can causecancer cervical, have the right to receive compensation in the form of refunds or replacement of goods and / or services of similar or equivalent value , or health care and / or compensation. this is in accordance with the provisions of article 19 paragraph (2) uupk. while in the uupk the regulation concerning sanctions that can be imposed on business actors who commit consumer violations, namely: 1. administrative sanctions these sanctions are regulated in article 60 paragraph (2) uupk stated that administrative sanctions can be imposed is in the form of stipulating compensation of a maximum of rp. 200,000,000.00 (two hundred million rupiahs) 2. the basic criminal sanctions these sanctions are regulated in article 62 paragraph (1) stated that business actors violate the provisions referred to in article 8, article 9, article 10, article 13 paragraph (2), article 15, article 17 paragraph (1) letter a, letter b, letter c, letter e paragraph (2) and article 18 shall be punished by imprisonment for a maximum of 5 (five) years or a fine of at most rp. 2,000,000,000.00 (two billion rupiahs) 3. additional criminal yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 139 sanctions these sanctions are regulated in article 63 paragraph (1) stated that there are additional forms of criminal sanctions that can be: a. deprivation of certain goods b. announcement of judges' decisions c. payment of compensation d. orders for terminating certain activities that cause losses consumer e. obligation to withdraw goods from circulation or revocation of business licenses in connection with this, bpom can also take administrative measures such as providing written warnings to businesses and may also temporarily issue a ban on circulation of sanitarycontaining chlorine products or may issue orders to withdraw sanitary products contains chlorine from circulation. this is done as a preventative measure to protect the lives of consumers from chlorine-containing sanitary products. the actions that can be taken by bpom are supervision of chlorine-containing sanitary products circulating in the market share, bpom can also supervise business actors that distribute chlorine-containing sanitary products, one of which is revocation of production licenses and business licenses and it is hoped that this can lead to the deterrent effect on offenders. this is in accordance with the provisions of article 63 paragraph (1) letter f uupk. 5. conclusion based on the description and discussion as in the previous chapter, it can be concluded that the role and actions of bpom in the circulation of chlorinated sanitary napkins are very necessary because: a. bpom as a government institution is protecting the health of consumers from the risk of product distribution that does not meet the requirements and products that are not suitable for consumption. so bpom carried out various steps to prevent the circulation of sanitary products containing chlorine so as not to spread to market share. these steps include conducting regular inspections or checks into market share. if found with chlorinecontaining sanitary products, bpom will withdraw the product. bpom also conducts counseling and provides education to consumers by providing communication, information and education as well as issuing warnings to the public about the dangers of using chlorine-containing sanitary products. bpom can also take administrative actions against business actors who have made 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(2018). konsepsi kekuasaan legislasi presiden dalam undang-undang dasar 1945. mimbar yustitia, 2(2), 159–172. undang-undang nomor 8 tahun 1999 tentang perlindungan konsumen. kitab undang-undang hukum perdata keputusan kepala badan pengawas obat dan makanan nomor : 02001/sk/kbpom tahun 2001 tentang organisasi dan tata kerja badan pengawas obat dan makanan peraturan menteri kesehatan ri nomor 472/menkes/per/v/1996 tentang pengamanan bahan berbahaya bagi kesehatan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 accountability of criminal actors terrorism funding bastianto nugroho1, m. roesli2, surti yustianti3 faculty of law, merdeka university surabaya email: bastiantonugroho@gmail.com abstract the word terrorist and terrorism comes from the latin word terrere which means more or less shaking or vibrating. the word terror can also cause horror. of course, the horror of the victim's heart and mind. furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. however, until now there is no definition that can be universally accepted. understanding terrorism for the first time discussed in the european convention on the suppression of terrorism (ecst) in europe in 1977 there was an expansion of the meaning paradigm from crimes against state to crimes against humanity. crimes againts humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. the association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. in this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. the writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law. keywords: accountability, criminal act, theoretical. 1. introduction events that took place on september 11, 2001, were the hijacking of four commercial aviation aircraft carried out by terrorists and crashing the three planes into the wtc (world trade center) which was a symbol of the strongest defense of the united states of america. actually the targets or targets of the terrorists have four main buildings, but in the last case, the terrorists failed to carry out the action. in carrying out its actions terrorists did not only knock down the two buildings mentioned above but the incident also killed about 3,000 innocent people. the four aircraft used in carrying out acts of terrorism were american airlines flight 11, which crashed into the tower of the world trade center southern, american airlines flight 175, which crashed into the tower of the world trade center southern, american airlines flight 77, which crashed into the pentagon and united airlines flight 93, who hit the ground. the terrorists want to crash a plane into the us capitol buliding or the white house. passengers on the plane tried to take over the plane, and the terrorists crashed the plane quickly when the plane crashed. after the attack, the united states government gave the statement that those responsible for all of the above were al-qaeda led by osama bin laden, who lived in afghanistan, and since 1 lecturer at the faculty of law, merdeka university surabaya, bastiantonugroho@gmail.com 2 lecturer at the faculty of law, merdeka university surabaya, roesli.unmer@gmail.com 3 lecturer at the faculty of law, merdeka university surabaya, surtiyustianti7@gmail.com yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 the incident the united states government has beaten the "war against terrorism". the united states calls on afghanistan to immediately hand over osama bin laden to the united states government, but the afghan government does not grant the united states' wishes. feeling that as a world police and superpower, the united states then attacked afghanistan. as a result of the attacks carried out by the united states government the world also welcomed anti-us protests and this did not only occur in muslim countries. but if asked to reveal evidence about bin laden's involvement in the events of september 11, 2001, the united states refused with unclear reasons. the white house only has a standard pretext, not wanting to disclose it for fear of being caught by osama's network. according to ari fleicher, spokesman for the white house, providing evidence means giving valuable information to those who object to american actions and making it easier for them to hide, then continue the next action. us president george walker bush announced that the perpetrators of terrorism were none other than the al-qaeda organization led by osama bin laden. this event not only happened in america but also happened to our country, on saturday night on the day of the bali pancasila power in bombs again, precisely in the neighboring kuta and jimbaran. sadly every year in the last three years there have been acts of terrorism, the 2002 bali bombing, the 2003 marriot hotel bombing, and the 2004 bombing of the embassy in jakarta. dead or injured. indonesia is among the countries that are severely harmed by acts of terrorism, not only lives, physical, material but also images. in addition to individuals, even islamic institutions cannot be victimized. many islamic institutions whose assets were frozen and their activities stopped due to allegations of having links with al-qaeda and taliban. the al haramain foundation in saudi arabia which used to be very popular with foreign muslim students because they often provide free islamic books and the koran is now blocked. the internet site has not been accessible for a long time. not only that, some indonesian muslim student institutions abroad, despite being outside the 1267 list, did not escape the supervision of the international police. when the ambon and poso cases in indonesia began in the early 2000s there were many indonesian individuals in western europe, america, japan and australia, who raised humanitarian funds to alleviate the suffering of refugees. the amount collected and sent is often very large (especially compared to the rupiah exchange rate) and inevitably raises suspicion from the international police. so, there were several humanitarian aid administrators in france, germany and america who were questioned by the police. in addition to middle eastern, north african and southeast asian citizens, muslim institutions and individuals domiciled in western europe and north america are not spared from this list. rabih al hadaad, head of the global relief foundation in michigan usa, a humanitarian aid channeling agency that has been actively supporting chechen refugees, bosnia, palestine, and afghanistan, has been yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 forced to stay in detention for months because of allegations of channeling aid to terrorists. even though he and his organization only distributed blankets, food ingredients and medicines. the allegations imposed on him were unclear (later the allegations were transferred to overstay, aka immigration violations), which also included restrictions on access to meet family and lawyers. enaam arnout, a syrian-born us citizen was also brought to justice on february 3, 2003 on charges of raising funds for osama bin laden and other terrorist organizations. in fact, according to arnout, the benevolence international foundation, whose organization is based in bridgeview, illnois, only distributes humanitarian assistance to oppressed people, widows and orphans in islamic countries. the only reason for arnout's detention was that he had known usamah bin laden in the 1980s.4 the whole world has been infected with anti-terrorism fever. as a reaction to the antiterrorism fever in the form of being beaten up constantly by tackling the war on terrorism, international pressure spearheaded by the united states has urged countries in the world to pay attention to the fight against terrorism, among others by making anti-terrorism laws in each country. the efforts made by the international community in the context of combating terrorism are not only criminalizing acts of terror committed by terrorists, but also criminalizing terrorism financing activities (financing of terrorism) orterrorist financing.5 appeared by several experts, as stated in a meeting of fatf (financial action task force) on november 19-20, 2001 which took place in wellington, new zealand, there were two methods of financing for the activities of terrorists. the first method is to involve obtaining financial support from the state and then channeling the funds tosupported terrorism organizations (state-state-sponsored terrorism) has declined in recent years. funds can also be obtained from individuals who have large financial assets. as an example of a terrorist attack on 11 september 2001. osama bin laden, who is believed to be the mastermind behind the attack, was accused of contributing funds from his personal wealth to establish and support the al-qaeda terrorist network. together with the taliban regime that formerly ruled afghanistan. the second method is obtaining directly from activities that make money. these activities include committing various criminal acts. this method is no different from the activities carried out by criminal organizations in general. however, in contrast to criminal organizations in general, terrorist groups receive funds from lawful income (not related to crime).6 the united nations in the world ministerial conference on organized transnational crime, which was held in naples, 21-23 november 1994, with the theme problems and danger 4 www.suaramerdeka.co.id, february 14, 2003. 5 financial action task on money laundering, report on money laudering typologies, 2001-2002, february 1, 2002, p. 2-3. 6 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 posed by oranized transnational crime in the various regions of the world, among others stated that terrorism is one type of activities of transnational criminal organization is a crime that is highly feared because of threats to sovereignty, society, individuals, national stability, the values of democratization, privatization, and development.7 therefore, it is not surprising that the word terrorism is so interesting to be discussed and debated, especially after the tragedy of september 11, 2001 in the united states and the tragedy in bali on october 12, 2002, the conversation was carried out by various groups ranging from legislative, executive, judicial, police , lawyers, academics to the pedicab drivers. in response to international pressure, which has intensified after the bali bombing which was allegedly committed by the jamaah islamiyah group, the indonesian government made a government regulation to replace the republic of indonesia law no.1 of 2002 concerning eradication of terrorism and government regulation in lieu of law no.2 of 2002 concerning the enactment of government regulation in lieu of law no. 1 of 2002 concerning the eradication of terrorism, in the october 12, 2002 bombing incident in bali, the two government regulations were replaced by the house of representatives as the act law no. 16 of 2003 (has been declared invalid by the constitutional court) concerning the stipulation of government regulation in lieu of law no. 2 of 2002 concerning the enactment of government regulation in lieu of law no. 1 of 2002 concerning eradication of terrorist crimes, in blasting events b om bali in october 12 became the law.8 after the perpu no. no.1 of 2002 was made on october 18, 2002, it turned out that perpu no.1 of 2002 had been enacted into law no.15 of 2003 concerning the eradication of terrorism crimes and was later amended by law number 9 of 2013 concerning prevention and eradication of terrorism funding crime in it has also regulated the prohibition on terrorism financing. the loading of the provisions of article 11, 12 and article 13 letter a in perpu no.1 of 2002, means that the indonesian government not only criminalizes terrorism, but also criminalizes terrorism(financingfinancing of terrorism). even perpu no.1 of 2002 provides exceptions for investigators, public prosecutors, or judges from the provisions of bank secrecy as stipulated in the banking law in the event that these officials request information from banks regarding the assets of everyone known or reasonably suspected of committing criminal act of terrorism. provisions on the exemption from the bank secrecy provisions are regulated in article 30 paragraph (2) of perpu no.1 of 2002. meanwhile in article 29 paragraph (1) perpu no.1 year 2002 stipulates that investigators, public prosecutors, or judges are authorized to instruct banks and financial 7 m. arief amirullah, money laundering, cet.ii, bayumedia publishing, malang, 2004, p.38 op.cit 8 , p.298. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 service institutions to block the assets of any person known or reasonably suspected to be the result of a crime. terrorism and / or criminal matters relating to terrorism.9 a criminal act of terrorism is an act intentionally using violence or threats of violence that creates an atmosphere of terror or widespread fear of people or creates a victim who is of a mass nature, by seizing freedom or loss of life and property of others, or causing damage or destruction to vital objects that are strategic or environmental or public facilities or international facilities. terrorism financing is property that is used directly or indirectly for terrorism activities which is equated as a result of a criminal act. this has become an obligation for the state to criminalize acts of terrorism and terrorism financing. criminalization is intended to be an act of being able to be convicted before. given the impact of criminal acts of terrorism and terrorism financing is very terrible. based on the description from the background above, the writer is interested in presenting some formulation of the problems related to financing terrorism, namely: 1. what is the concept of terrorism financing according to the positive legal provisions in indonesia, so that one can be said to be a terrorist financing agent? 2. how is criminal responsibility for people who provide financial assistance for terrorism crimes? 2. financing terrorism by positive legal provisions in indonesia a. terrorism organizational structure. until now, the definition of terrorism is still a debate even though there are arguments that formulate, which are set forth in the legislation. speaking of the definition of terrorism, there are as many as the number of writers discussing it, each defining it based on their respective perspectives and arguments in terms of politics, law, sociology, psychology, and so on. this clear definition of terrorism is needed so that there will be no multiple interpretations that result in harming the interests or targets of responding to human rights that should be respected by all civilized people. the association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. in this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. although there is no unity of opinion regarding the definition of terrorism internationally in the writing of this thesis, some terminological definitions from some experts on terrorism will be 9 ibid, h.299. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 presented, including: the notions put forward by herbert m. levine10 in his book world political debated, explaining that: terrorism has another meaning: use of violence by sub-state actors against civilians and political figures for the purpose of ending a regime's rule and establishment of a new government. terroris, in this sence, is a form of unconventional war. because non-government forces in sets battles. rather, they must engage in activity that are expected secret and newsworthy. terrorism in this sense is the use of power by non-state factors towards civil or political leaders to overthrow the ruling regime and build a new government. terrorism is an unconventional form of war. because terrorism is not quite dangerous militarily, for the government, they never expect to get success, if it directly smells physical with the power of the government. therefore they divert activities into something that is unpredictable, secret and interesting enough to be reported. as with the opinion of herbert m. levine above, paul wilkinson distinguishes two notions of terrorism, namely between terrorism and terrorism, and between political terrorism and other forms of terrorism. terrorism according to paul wilkinson11is a systematic, neat act of terror carried out by certain organizations. in some countries and international organizations for juridical purposes to avoid the neverending debate on the definition of terrorism, providing a definition of terrorism materially means formulating definitions based on the consequences of acts of terrorism. for more details, we can see in several international conventions that provide definitions of terrorism, including: international conventions made by the organizations of south asian countries (saarc), namely the saarc regional convention on suppression of terrorism ratified by each member country, in which intended in article 1 of the convention, which in its translation can be known that terrorism is an act that is against the law (criminal) according to the law of each member country and also not included as a political activity. so according to this convention terrorism crimes as mentioned are considered not as political crimes or crimes that are related to political motives so that extradition cooperation is possible. according to international conventions made by the organizations of the unitedstates of america, namely in the convention to prevent and the act the terrorism taking the form of crimes against persons and related extortion that is of international significance ratified by each each member country, in which as referred to in article 1 of the convention, in its translation it can be seen that terrorism is an act that is against the law (criminal) according to the law of each member country and also not intended as a political activity. so according to this convention 10 jati prihantono, state accountability as state-sponsored terrorism, faculty of law, indonesian islamic university, yogyakarta, 2003, p.29 11 kompas, september 11, 2002 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 terrorism crimes as mentioned are considered not as political crimes or crimes that are related to political motives so that extradition cooperation is possible. according to international conventions made by the organizationof the states of the organization of american states, the convention to prevent and punish the act of teaching taking the form of crimes against persons and related extortion that is of international significance ratified by each each member, in which as referred to in article 1 of the convention, in its translation it can be seen that terrorism is an act which is a criminal act according to each member country, especially crimes of kidnapping, murder and other attacks and aimed at attacks physical to someone where the state has obligations under international law to protect these people. the crime has international influence regardless of the motive of the crime. and finally, international conventions made byorganizations,european unionnamely the european convention on the suppression of the terrorism ratified by each of its members, in which as meant in article 1 of the convention, the translation can be known. that terrorism is an act which is a criminal act according to each member country which is not a political crime or a crime that is inspired based on politics or crimes motivated by politics. so according to this convention terrorism crimes as mentioned are not included as political crimes or crimes inspired by politics and crimes motivated by politics. even though until now there has been no understanding of the meaning of terrorism that is satisfying by all parties. article 6 of regulation no. 1 of 2002 approved by the house of representatives of the republic of indonesia into law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes regulates acts that are prohibited as criminal acts of terrorism are: “anyone who deliberately uses violence or threats of violence creates atmosphere of terror or fear of people en masse, by seizing independence or loss of life and property of others, or causing damage or destruction to vital objects that are strategic or environmental or international public facilities or facilities, sentenced to capital punishment or life imprisonment or imprisonment of at least 4 (four) years and a maximum of 20 (twenty) years”. based on the explanation of law number 9 of 2013 concerning prevention and eradication of crime in terrorism funding, terrorism is a crime against humanity and civilization and is one of the serious threats to the sovereignty of each country because terrorism is a national one which poses a danger to security, world peace and detrimental to the welfare of the community so that it needs to be carried out in a planned and sustainable eradication so that the rights of many people can protect and be upheld. from various opinions and views regarding the definition of terms related to terrorism above, it can be concluded that terrorism is organized violence, placing violence as an awareness, thinking method as well as a means of achieving goals. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 b. the concept of financing terrorism. efforts made by the international community in the context of combating terrorism in addition to criminalizing terrorism carried out by terrorists also criminalize financing activities of terrorism (financing of terrorism) or financing of terrorists (terrorist financing). the existence of a number of recent events related to or carried out because of terrorism activities in the world has made the entire international community experience an anti-terrorism fever. the united states, which is a "super power single" country, is currently urging the international community to pay attention and care for efforts to eradicate terrorism by making terrorism laws. the law does not only criminalize acts of terror committed by terrorists, but also criminalizes terrorism financing activities (financing of terrorism) or financing to terrorists (yustianti and roesli 2018). at the international level the prevention of financing against terrorism has been carried out at a plenary meeting held in hong kong on february 1, 2002. the meeting agreed that terrorists and those who help terrorists must be prevented from accessing the international financial system. during the meeting the fatf issued new international standards in order to eradicate terrorist financing, the international standard was called a special recommendation on terrorist financing special. the recommendation is that financing terrorism and the actions of terrorists can be detected, prevented and eradicated. the recommendations generated in the special recommendation on special terrorist financing : 1. immediately take steps to ratify and implement relevant un provisions. 2. criminalize the financing of terrorism, terrorist acts, and terrorist organizations. 3. freeze and seize terrorist assets. 4. report suspicious transactions related to terrorism. 5. providing assistance to law enforcement officers from other countries and other authorities in the context of investigating the financing of terrorism. 6. enact provisions regarding anti-money laundering on alternative remittance systems. 7. affirming the actions that have to be taken must be related to the identification of customers conducting wire transfers both international and domestic wire transfers. 3. financing terrorism according to eradication of terrorism criminal act law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes contains funding for terrorism activities as a criminal act of terrorism, which is formulated in the provisions of articles 11, 12 and article 13 of the law this law. the regulation of terrorism yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 financing as a criminal act of terrorism is regulated so that terrorism acts can be prevented, because the process of carrying out acts of terrorism requires large funds and often the funds collected are the result of other crimes such as robbery or assistance from international terrorism networks. to know about accountability in terrorism crimes we must understand and understand the hierarchy of terrorism organizations at least. as the opinion expressed by fraser and fulton illustrates how terrorism organizations organize themselves into hierarchies consisting of: the third hierarchy, which in this hierarchy is occupied by active supporters. compared to the other two hierarchies, many terrorists belong to this hierarchy and constitute the largest internal part of a terrorist organization. the main task, active support is to maintain the continuity of active cadre activities in the field. for that they are usually tasked with maintaining communication networks, providing safe house (hiding places), carrying out intelligence activities and providing logistical and funding support, for example, such as andri oktavia, andi hidayat, abdul rouf, they are banten groups that provide terrorism funding activities and provide place of residence, for hiding or where to plan action. the fourth hierarchy, usually occupied by passive supporters. those who actually do not directly become members of a terrorist organization and are mostly used or utilized by members of terrorist groups without them knowing. to finance all of its activities, terrorist organizations around the world need relatively large funds. the amount of funds needed to carry out each action makes the terrorist organization's most prominent child in all corners of the world need an outside supply of funds. funding is usually carried out by their parent organization, but it does not rule out the possibility of this being done by individuals who do this because of the ideological, religious and political goals of equality. the flow of funds is usually in the form of transferring funds through a "banking" financial service provider carried out by the parent organization that is abroad to the organization's children, the transfer of funds is not done in small amounts and many times, the account is not directly transferred to the account on behalf of the organization's children but disguised to account numbers on behalf of companies owned by the organization's subsidiaries, subsidiaries of terrorist organizations move in the same field as companies owned by parent organizations, all members of terrorist organizations are registered as workers in the company, organizational goals disguised in the form of educational, religious and humanitarian organizations. this complicated transfer procession aims to obscure the origin of funds and intelligence itself. it will be difficult to trace the use of these funds, which in turn can be easily used to succeed in their work programs in the form of training and recruitment of members through academics (college students high), in order to carry out the mission of soft terrorism (doctrine of ideology of terrorism) carried out by intellectual actors. according to ermaya suradinata, it is different from the funding made by individual yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 terrorist organizations, the funding made by individuals has two forms. the first is done by individual members of terrorists, in the form of fulfilling all the financial needs of the perpetrators of terrorism, by way of giving funds in a row either directly or through transfers through the bank, between the sender and the recipient of the funds only has one link and will not know the connection between each other among members of terrorists, this is similar to giving orders in the military that use a command system, what distinguishes it is that the command system in the military has a clear hierarchy and the terrorist command system is unclear. second is done by individuals not members of terrorists, in the form of meeting financial needs not as a whole to terrorist organizations and perpetrators of terrorism itself, only in certain moments and not sustainable, there is no connection with the terrorist organization funded, only because of sympathy or ideological equality, religion and political goals. funding activities in every act of terrorism are the main backbone of the activity. based on article 11, article 12, article 13 letter a of the law on the eradication of criminal acts of terrorism, every person who intentionally provides and collects funds or assets for acts of terrorism can be convicted. crime of terrorism is a stand-alone crime, but there is a connection with money laundering. the connection is the entry of terrorist criminal acts as apredicateoffense in money laundering, this can be seen in article 2 paragraph (1) letter n of law no.15 of 2002 concerning money laundering as has been amended by law no. 25 of 2003. specifically concerning the issue of funding terrorism activities is also closely related to the crime of money laundering regulated in article 2 paragraph (2) of the money laundering act which reads: "property what is intended directly or indirectly for terrorism activities is equated as the result of a criminal act as referred to in paragraph (1) letter n ". the above provisions aim to detect, prevent, and eradicate criminal acts of terrorism. the ability of the system created by the act to detect criminal acts of terrorism is not anticipatory (forward) but more to support the investigation and investigation of criminal acts of terrorism that have occurred. 4. accountability of actors funding terrorism understanding terrorism in the law number 9 of 2013 concerning the prevention and eradication of terrorism funding crimes is formulated in an abstract (broad) manner, the use of the word "... creates an atmosphere of terror or fear of people extensively or causes casualties that is mass ...... ". because it is not explained further in terms of what a situation can be said in an atmosphere of terror or cause fear among the wider community or many victims who fall, because a country or region in a state of war also creates an atmosphere of terror, fear and many victims yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 who fall, so it is likely that multi interpretations will appear in the future. even though until now there has been no understanding of the meaning of terrorism that is satisfying by all parties. article 6 of law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes regulates prohibited acts as criminal acts of terrorism: “every person who deliberately uses violence or threats of violence creates an atmosphere of terror or mass fear of people, by means of seize independence or loss of life and property of others, or cause damage or destruction to vital objects that are strategic or environmental or international public facilities or facilities, subject to capital punishment or life imprisonment or a minimum of 4 (four) imprisonment year and no later than 20 (twenty) years ". based on the explanation of law no.15 of 2003, terrorism is a crime against humanity and civilization, and is a serious threat to state sovereignty. terrorism is a trans-national crime that poses a danger to security, world peace and is detrimental to the welfare of the community so that it needs to be carried out in a planned and sustainable eradication so that the rights of many people can be protected and upheld. pursuant to article 11, article 12, article 13 letter a of law no.15 of 2003, every person who deliberately provides and collects funds or assets for acts of terrorism can be sentenced. the formulation of article 11 of act number 9 of 2013 concerning prevention and eradication of terrorism funding crimes, confirms: “sentenced to imprisonment of at least 3 (three) years and competing for a lot of 15 (fifteen) years, every person who intentionally provides or raising funds for the purpose of being used or it should be known to be used partially or in whole to carry out acts of terrorism as referred to in article 6, article 7, article 8, article 9 and article 10”. from the formulation of article 11 above, the form of the offense that can be imposed for terrorism financing actors, namely: 1. every person 2. intentionally 3. provides or collects funds 4. with the aim of being used or it should be known to be used partially or wholly by 5. committing a terrorism crime the element of each person as intended in article 1 number 1 of act number 9 of 2013 concerning prevention and eradication of terrorism funding crimes exists individuals, groups of people both civilian, military and those responsible individually, or corporations. while the intentional elements here relate to the subjective elements of the perpetrator. where the subjective element in this article is the mental state of the intentional perpetrator. therefore, in the formulation, it can be said that it has fulfilled the universal requirements regarding the guideline of mens rea in the provisions of terrorism, namely intended (intentionally and knowingly). as a core element of offense, the subjective element must be proven. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 but the problem that will arise, regarding the proof, that the perpetrator intentionally provides or collects the funds used or should be known to be used in part or in whole to commit acts of terrorism. in general, discussing intentional elements is always related to elements of knowing. more specifically it was determined that the crime was related to the element of knowing from the perpetrator of the identity between the object of terrorism financing and the material elements of the terrorism crime related to the intentional element, knowing this proof is not easy. the element of providing or collecting funds is aimed at acts in the formulation of criminal acts of terrorism, namely financing terrorism (objective element of this article). with regard to the legal subject of terrorism financing, including within the corporation, this is based on the provisions of article 17 in conjunction with article 18 concerning the accountability of corporate officials. this can be seen in the provisions of article 18, namely if a criminal act of terrorism financing is carried out by or in the name of a legal entity, company, association, foundation or other organization, the threat of a fine of 1 trillion rupiah can be suspended or revoked. in article 12 above the intentional elements and elements provide or collect the same assets as intended in article 11. where the elements of providing or collecting assets here are intended to finance the actions referred to in letters a, b, c, d, e, f , and g. the number of qualifications for the use of funds for actions in this article is intended to anticipate or overcome the occurrence of acts that are amenable to the definition of terrorism which are intended for acts in the formulation of criminal acts of terrorism namely financing terrorism. terrorism financing formulation according to article 13 letter a of law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes, namely: “anyone who deliberately provides assistance or convenience to the perpetrators of terrorism, by giving or lending money or property or property other wealth to perpetrators of criminal acts of terrorism, shall be subject to imprisonment of at least 3 (three) years and a maximum of 15 (fifteen) years ". from the formulation of article 13 here is almost the same as the elements contained in the formulation of article 11 and article 12 which is related to the act of financing terrorism activities. from the formulation of article 13 here, it is almost the same as the elements contained in the formulation of article 11 and article 12, which are related to the act of financing terrorism activities. with regard to the formulation of article 11, article 12 and article 13 concerning the financing of terrorism here it is closely related to the formulation of article 2 paragraph (2) of law no. 25 of 2003 concerning money laundering, which states that: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 “property that is used directly or not directly for terrorism activities is equated as a result of criminal acts as referred to in paragraph (1) letter n”. based on article 15 of law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes, every person who conducts an attempt to commit a criminal act of terrorism as article 6, article 7, article 8, article 9, article 10, article 11 and article 12 can be sentenced to the same criminal offense as a criminal. the trial offense can be called an offense not finished, ie the offender cannot do everything he has to do to complete the intended action and fail to complete it. based on the criminal provisions contained in law no.15 of 2003, the type of criminal sanction is not as broad as in the criminal code, namely capital punishment (article 6, article 8, article 9, article 10), imprisonment (article 6 to article 23), fines (article 18 paragraph 2), revocation of certain rights (article 18 paragraph 3) and giving restitution to victims (article 36 paragraph 1). in law number 9 of 2013 concerning prevention and eradication of criminal acts of terrorism funding, the criminal application of perpetrators is alternative, meaning that it implements one of the criminal sanctions based on the article that violates and also applies special minimum criminal provisions. this provision is based on origin 6 to article 24. specific minimum criminal provisions are provisions that deviate from general criminal law (kuhp), namely article 12 paragraph (2), which states "the shortest prison time is one day ...". based on articles 19 and 24, special minimum provisions, capital punishment and imprisonment for life, do not apply to terrorists under 18 years of age. article 19 of law no.15 of 2003, affirms: “provisions concerning the imposition of special minimum crimes as referred to in article 6, article 8, article 9, article 10, article 11, article 12, article 13, article 15, article 16 and purposes concerning the imposition of capital punishment or life imprisonment as referred to in article 14, does not apply to perpetrators of terrorism who are 18 (eighteen) years old”. article 24 of law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes, affirms: “provisions concerning the imposition of special minimum crimes as referred to in article 20, article 21 and article 22 do not apply to perpetrators of terrorism under the age of 18 (eighteen years)”. in the offense of terrorism, evil conspiracy to commit terrorism, including criminal acts of terrorism. evil agreement is the agreement of two or more people in the form of a plan to commit a crime. so, this provision is to prevent acts of terrorism. indeed, this provision deviates from criminal law, because malicious agreement includes the preparation stage and cannot be convicted yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 (article 53 of the criminal code). but in this case, terrorism crimes are different from crimes regulated in the criminal code, because terrorism crimes are organized, hidden and transnational crimes, moreover the target of their terror acts is directed at innocent civilians and public facilities, which results in many victims fall (wounds or death) and enormous material losses. therefore, the security apparatus must go one step ahead of them (terrorist organizations) and not only move when they have carried out acts of terror and result in unwanted casualties. but in the application of capital punishment or life imprisonment or a maximum of 20 (twenty) years imprisonment against the perpetrators of evil conspiracy is an act that violates the principle of justice, because the perpetrator has not implemented the target to be addressed. therefore, the application of sanctions above is very heavy and unfair. article 15 of law number 9 of 2013 concerning prevention and eradication of crime in the financing of terrorism, which affirms:“anyone who commits a malicious agreement, trial or assistance to commit a criminal act of terrorism as referred to in article 6 to article 12 with the same criminal offense criminal act”. article 88 of the penal code: “it is said that there is a malicious agreement, if two or more people have agreed to commit a crime”. based on article 36 paragraph 1 of act no.15 of 2003: “the perpetrators of criminal acts of terrorism are obliged to provide restitution, namely compensation given by the perpetrator to the victim or his heir. this aims to uphold justice for the perpetrators and victims or the families of the victims”. article 36 paragraph 1 of act number 9 of 2013 concerning prevention and eradication of terrorism funding crimes: “every victim or heir due to a crime of terrorism has the right to receive compensation or restitution”. the elements of providing or collecting funds in article 12, elements of providing or collecting assets in article 12 and elements of giving or lending money or goods or assets as intended in article 13 in financing terrorism activities require proper verification to prove whether the elements what is meant in article 11, article 12, and article 13 is intended for terrorism activities or not. this has the effect that in law enforcement related to the accountability of terrorism financing here is very difficult. the element of financing actions in the crime of terrorism in reality is very difficult to prove in the trial of a case of a criminal act of terrorism. this is due to knowing that someone who provides funds or collects funds or provides or lends money or goods requires hard work from the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 27 public prosecutor based on sufficient preliminary evidence obtained from investigations and investigations. in the procedural law of criminal acts of terrorism, especially the perpetrators of terrorism financing, the defendant did not find a reverse verification system to prove whether he was financing terrorism or not. cause that proves here to be the duties and responsibilities of the public prosecutor. criminal acts only show prohibited and threatened acts with a crime. the principle in its accountability in criminal law is "not convicted if there is no fault (geen straf zonder schuld; actus non facit reum nisi mens rea)", which is commonly used in the sense of: "no crime without subjective errors or mistakes without reproach". the principle of error is defined as: "no crime without objective improper actions, which can be harmed to the perpetrator". the principle of error is a fundamental principle in criminal law, because of a mistake, criminal becomes legal. to get a crime, the intentional or at least absolute negligence is implied. so, intentional or negligence is a necessity to be able to conclude an error. as for the error term according to simons, is the existence ofstate psychic a certainto the person who commits a criminal act and the relationship between the situation and the act carried out in such a way that the person can be reproached for doing that. so for the existence of an error, the relationship between the state of mind and his actions (or with a condition that accompanies the act) which causes the reproach must be intentional or negligent. deliberation (dolus) and negligence (culpa) are forms of error (schuldvormen). 5. methods the writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law. so from a variety of reviews a conclusion is drawn that will answer the existing problems. in this writing, the problem approach taken is through a conceptual approach which is an approach that is focused on the provisions of the legislation. the interpretation method used in this study is a systematic interpretation that is a method of looking for legal regulations or some specific articles by linking the rule of law with other articles and a grammatical interpretation that is an interpretation that takes into account general words according to grammar, or the relationship between words with other words. attract the theoretical and positive legal rationale to test the truth of the criminal responsibility of perpetrators of terrorism financing according to the criminal act of terrorism. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 28 6. conclusion in law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes contains funding for terrorism activities as a criminal act of terrorism. this is formulated in the provisions of article 11, 12 and article 13 of this law. the regulation of terrorism as a criminal act of terrorism is aimed at preventing terrorist acts. the act of criminal terrorism is a separate crime, but there is a connection with the crime of money laundering. the connection is the amendment of terrorist criminal acts as a criminal act originating from a crime of money laundering, this can be seen in article 2 paragraph (1) letter n of law no.15 of 2002 concerning money laundering crimes as amended by law no. 25 of 2003. specifically concerning the problem of funding terrorism activities, it is also closely related to the crime of money laundering which is regulated in the manner regulated in article 2 paragraph (2) of the law on money laundering. every person who commits a criminal act as formulated in law number 9 of 2013 concerning prevention and eradication of terrorism funding crimes can be convicted because terrorism crimes are organized, systematic, planned crime, so the perpetrator knows and wishes for his actions. combating acts of terror and funding if we compare water and fish, this parable was introduced by mao zedong. what is meant by fish are terrorist cells while water is the national community in a country with all its existence. moreover, the water is mapped to a portrait of indonesia, so the picture is of a community of 210 million people, spread over 17,508 islands, 300 sub-ethnicities inhabiting only a thousand islands and in waters covering 5 million square kilometers. for this reason, the government is expected as soon as possible to: a. formulate restrictions on terrorism and terrorism financing that can be used as a reference nationally and internationally. b. the need for bilateral-regional concepts with neighboring countries, and cooperation at the international level based on a shared commitment to fight international terrorism and its funding. c. optimizing the role of banks in terms of cutting the flow of funds to support acts of terrorism. d. the need to form a national body that comprehensively works to formulate policies and operating networks to fight terrorism. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 29 references financial action task on money laundering, report on money laudering typologies, 20012002, february 1, 2002, p. 2-3. m. arief amirullah, money laundering, cet.ii, bayumedia publishing, malang, 2004, p.38 op.cit jati prihantono, state accountability as state-sponsored terrorism, faculty of law, indonesian islamic university, yogyakarta, 2003, p.29 yustianti, surti, and mohammad roesli. 2018. “bank indonesia policy in the national banking crisis resolution.” yurisdiksi: jurnal wacana hukum dan sains 11 (1):77–90. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 corporate accountability in crime of licensing by law number 10 of 1998 on banking bastianto nugroho1, sumarso2 faculty of law legal studies program 1,2merdeka university surabaya email: bastiantonugroho@gmail.com abstract: corporate development as development actors increasingly play an important role in people's lives. therefore doubts in the past to place the corporation as a subject of criminal law to commit criminal acts and accountable in criminal law, has now shifted. the doctrine of non potest delinquere university (the corporation may commit a criminal offense) began to be abandoned by accepting corporate responsibility as a maker of criminal offenses in addition to the natural man. determination of corporate responsibility as a maker of criminal offenses in the criminal law seems to have become demands of the times who could not be ignored to improve the state's responsibility to manage our increasingly complex society, as it appears in the manuscript draft penal code which have reached the stage of receiving and formulating the corporation as subject follow criminal and criminally responsible. polemics appear along espoused corporate responsibility in criminal law. for that planning must include planning and enforcement aimed at providing legal protection for people against lawlessness and crime. also keep in mind that the development of society and modernization brings great influence in the makeup of the community was included in the law. this research use method approach of law (statute approach) and the conceptual approach (conceptual approach).approach legislation (statute approach) that solve the solution of the question by relying on the provisions of the legislation and regulations relevant conceptual approach (conceptual approach) that solves the answers to the formulation of the problem posed by referring to the concept of legal principles relevant. keywords: corporate, accountability, criminal act of licensing. 1. introduction indonesia as a developing country to catch up, especially focused on the development of economic sectors, is implementing a variety of simplifying the arrangements relating to the development in order to achieve the aspired objectives. changes and order or regularity is the twin goals of the communities that are building. therefore, if the changes he would do with a regular and orderly, the law is a means that can not be ignored in the development process.1 within the scope of development in essence a social change planning, development of the law has become a necessity that is not inevitable even if the planning in the field of 1 mochtar kusumaatmadja. masyarakat dan pembinaan hukum nasional suatu uraian tentang landasan pikiran, pola dan mekanisme pembaharuan hukum di indonesia. binacipta, bandung, 1976, h. 13. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 economics is an aspect that stands out, so that the results of development that can really achieve their dreams, because the law can reliance is a framework to support the efforts being made to build up the community, both physically and spiritually.2 development in the field of law is intended to ensure that people can enjoy the rule of law and protection of the law on justice and truth. richard lange says there are two main problem in criminal law reform. first, the necessity to harmonize criminal law with empirical science. that is, in criminal law reform must consider the real needs of the community. second, the criminal law should be updated as the level of progress.3 the requirement to renew the criminal law caused by the development of criminality which is closely related to changes and developments in indonesian society as a whole which is undergoing a process of modernization.4 criminal law reform in indonesia are faced with the issue of criminalization as a manifestation of the dynamics of criminal law in the context of the changes taking place in society. if connected with criminal politics, criminalization process is a policy in the fight against crime by means of penal as an alternative, in addition to intensified efforts to non penal. policy non-criminal crime can be done through activities or procedures within the scope of administrative law, among others, through a licensing system that is good and effective. in this case the use of consent should always be associated with the scope of the law of government that is as a means of controlling society, the means of public participation, and legal protection for the community. talking about the licensing system should always be viewed as an approval permit notion of government by legislation to deviate from the provisions of the legislation.5 by giving the government permission to allow persons applying to perform certain actions were actually banned, this involves the favor to act in the public interest requires supervision. thus the government uses as a means of judicial permission to drive the behavior of the citizens.6 permit is an administrative decision issued by the board / administrative officer used by the applicant as to the legitimacy of the activities that are prohibited as a means for the 2 satjipto rahardjo, hukum, masyarakat dan pembangunan, alumni, bandung, 1980, h. 5. 3 sudarto, suatu pembaharuan dalam sistem hukum pidana indonesia, dalam beberapa guru besar berbicara tentang hukum dan pendidikan hukum, binacipta, bandung, 1981, h. 64. 4 muladi, barda nawawi arief, teori-teori dan kebijakan pidana, alumni, bandung, 1984, h. 84. 5 jbjm ten berge dan nm spelt, 1983, pengantar hukum perizinan, cet 1, yurudika, surabaya, h. 2. 6 ibid, h. 2. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 government to supervise certain activities that are prohibited to deter bad circumstances.7 this is in contrast with the understanding dispensation which is exempt from the ban as a general rule that the gift is closely related to the particular circumstances.8 based on the notion permission, permission goal is instrumental in controlling the activity of the community by influencing the people to want to follow the ways recommended in order to achieve a goal.9 in accordance with many types of permits issued by the government, in addition to controlling the activity of each society has a function or motive permission form:10 1. the desire to direct certain activities, such as building permits; 2. preventing environmental hazards, such as environmental permits; 3. the desire to protect certain objects, such as logging licenses; 4. wanted to divide the little things, such as residential permits; 5. briefing by selecting people and / or activities, which the board must meet certain requirements, such as a drivers license. the scope of administrative law includes means for controlling society, the means of public participation, legal protection and norms for the conduct of government.11 based on the scope of the administrative law, the primary purpose of licensing is for guidance, regulation, control and supervision over the activities of utilization of space, the use of natural resources, goods, infrastructure, facilities or certain facilities in order to protect the public interest. on the basis of these objectives the government's involvement is a must for direct controls through law enforcement efforts so that people can be protected and not harmed from the various impacts. in an effort to support the improvement of the implementation of development in indonesia, banking institutions has been progressing to fluctuate along with the progress and political developments in indonesia and international economic development and in line with society's demands will increase banking services are resilient and healthy. this then gives a strategic role to banking institutions in the development in indonesia because of the bank as a means to harmonize and balance each element of the trilogy of development, economic growth and national stability as defined in article 4 of law no. 10 of 1998 on the banking. besides, the bank's main functions are set out in article 1 (2) of law no. 10 of 1998 specifies that the bank is "business entity that collects funds from the public to distribute to the 7 philipus mandiri hadjon, 1995, pengantar hukum administrasi indonesia, gajah mada university press, 1995 (selanjutnya disingkat philipus mandiri hadjon i), h. 138. 8 ibid, h. 28. 9 jbjm ten berge dan nm spelt, op.cit., h. 5. 10 ibid, h. 4. 11 philipus mandiri hadjon i, op.cit., h. 28. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 public back in order to improve the standard of living of the people". collecting funds from the public and channel them back efficiently and effectively, based on the principle of economic democracy in order to improve the distribution of development and its results. this arrangement gives directions to the bank to submit to the principles applicable to the relationship depositors with the bank as well as the doctrines prevailing in the banking sector in order to ensure legal certainty and legal protection for depositors, as well as a penal settlement practice activities collecting funds from the people who do not obtain permission from the head of bank indonesia or called in banking regulation as banking criminal acts in the field of licensing. legislation in the banking sector that seeks to accompany the development of cases of criminal acts of the banking industry, providing the possibility to demand legal subjects other than people (persoon) as it has not been regulated in the criminal code. he opened the possibility to sue the corporation and hold it accountable under criminal law, particularly law no. 10 of 1998 amendments to the law no. 7 of 1992 concerning banking is based on reason, that the profits of corporations and losses suffered by the community has been tremendous. another reason put forward is to only do criminal prosecution against corporate officials did not do a thing without any prosecution as a form of corporate responsibility for criminal acts that he did, probably would not guarantee corporation to stop the criminal act. network global economy raises the ever-expanding demands and dependency relationships between countries, and the corporation is present in the center as a vital means of fulfilling the public. undeniably the corporation to develop as one of the backbone of the world economy, but in the next trip corporations tend to perform acts contrary to the laws in order to maintain its presence in the global competition with the aim of obtaining a profit as possible. the motive is then pushed corporations to compete unfairly leading to legal action, especially concerning corporate crime. as a result of corporate actions that are contrary to the law of nations are required to minimize or prevent the effects of the crime using the instruments of criminal law. at first the corporation is subject known only in civil law. what is called the corporation is actually a creation of law, namely by pointing to the existence of a body to be given status as a legal subject, in addition to the subject of natural law in human form (naturlijk persoon). thus, the legal entity is considered unable to conduct legal proceedings.12 12 rudi prasetyo, perkembangan korporasi dalam proses modernisasi dan penyimpangan penyimpangannya, makalah disampaikan pada seminar nasional kejahatan korporasi, fh undip, 2324 nopember 1989, h. 2. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 in terms of corporate defined as a combination of people in the legal association to act together as a separate legal subject or a personification. understanding the corporation as the law is also found in black's law dictionary as: an entity (usually a business) having authority under law to act as a single person distinct from the shareholders who own it and having rights to issues of stock and exist indefinitely, a group or a a succession of persons established in accordance with legal rules or juristic into that has legal personality distinct from the natural persons who make it up, exist that it constitution gives it.13 the corporation as a legal entity creation, which consists of a "corpus", the physical structure and legal thereto incorporating elements of "animus", which makes a legal entity that has a personality, because it is a creation of law corporations death is also determined by14law. the corporation is also regarded as a legal subject (natuurlijk persoon) besides humans (rechts persoon), thus the inherent logical consequence is the corporation can perform legal acts and legally accountable for his actions. 2. licensing banking activities implications crime 2.1. permissions settings bank establishment licensing law is part of administrative law containing measures such as the establishment of a government that is used by the government decision as a means of control over the behavior of citizens. against the relationship, then the applicable provisions of administrative law also applies to the licensing law, because the licensing law is part of administrative law. in general, the system consists of the prohibition permission, consent is the basis of exceptions and provisions relating to permits. the permit system has three main parts called the juridical aspects of the licensing system, namely: 1. prohibition prohibition is the basis for determination of approval or permission set by the government as an instrument of judicial preventive character as preventive instrumental.15 permission is an instrument commonly used in administrative law, which are intended to affect the citizens in order to follow the recommended way to achieve 13 garner bryan a, black's law dictionary, seventh edition, west publishing co, st.paul, minim, amerika serikat 1999, h. 341. 14 satjipto rahardjo, ilmu hukum, alumni, bandung, 1986, h. 10. 15 ibid, h. 126 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 concrete objectives. thus the principle inherent in administrative law also underlies licensing law, one of these principles is the principle of state of law.16 grounded in the principle of state of law, then any ban that became the basis for setting permissions must be set in legislation, it is a realization of the principle of legality.17 in addition to the implementation of the principle of the rule of law in the implementation of government action in the form of permission determination also must realize the principle of legality which include: authority, substance and procedures, so that the government's authority in assigning permissions to be set in the legislation. basically prohibition in the license a limitation of the rights of man, therefore, any ban should be set out in legislation approved by the people's representatives 2. permits permits an approval from the government to the norm of the ban, therefore, permission must be set in terms of the government's decision not rule , since the licenses contain a norm-setting is not the norm setting. as the implementation of the principle of legal certainty, the permit must contain a description as clear as possible about the content of the permissions granted. fill in the dictum set permissions, because the dictum is at the core of the decision which contain the consequences arising from the decision. permission is one form of an administrative decision that created the law, this means that permission to form a particular legal relationship. in this legal relationship created by the government's rights and certain obligations to those who are entitled. 3. provisions provisions are the terms on which the government gives permission. facts show that many licenses are attributed to the terms that are closely related to the function of the licensing system as an instrument of control of the government. basic licensing requirements can be: 1. obligations linked to the practice of administrative law permits in order to achieve the desired objectives. 2. the restrictions in the permit which gives the possibility to practically restrict the actions allowed. restrictions established by designating boundaries in time, place or in any other way. 16 philipus mandiri hadjon, perlindungan hukum bagi rakyat, pt bina ilmu, 1987 (selanjutnya disingkat philipus mandiri hadjon ii), h. 76. 17 moeljatno, azas-azas hukum pidana, rineksa cipta, jakarta, 1993 (selanjutnya disingkat moeljatno ii), h. 139. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 3. by setting the terms, certain legal consequences suspended from the onset of an event in the future that is uncertain. bank as an entity that has the business activities of the community to collect funds and channel them back to the community in its various forms, is certainly in need of requirements in carrying out its business activities. it's very important to protect the interests of the community, especially towards customers and their savings. law no. 7 of 1992 as amended by law no. 10 of 1998 regulates the licensing to conduct business under the provisions of article 16 paragraph (1), (2), (3). in the provision of article 16 paragraph (1) of the banking act contained the sense that the activities of collecting funds from the public by anyone basically an activity that needs to be monitored, given in the activities related to the public interest that the funds deposited on the parties to collect funds. in connection with that in article 16 (1) confirmed that the activities of collecting funds from the public in the form of deposits can only be done by a party who has obtained a license as a commercial bank or as a rural bank, or any other form of banking institutions with activities to raise funds of society, that is a good islamic banking islamic banking, financing unit sharia or sharia as has been stipulated in law no. 21 of 2008 concerning islamic banking. there are also other types of institutions which also perform activities of collecting funds from the public in the form of deposits or some sort of deposit, for example, carried out by the post office, pension funds, or insurance companies. the activities of these institutions are not covered as banking operations under the provisions of article 16 (1) of the law on banking, but governed by a separate act. article 16 (2) in order to obtain a business license commercial bank and rural bank as referred to in paragraph (1), shall be met the requirements of at least about: a. the organizational structure and governance; b. capital; c. ownership; d. expertise in the field of banking; e. the feasibility of the work plan. the provisions of article 16 paragraph (2) can be noted that in the case of giving permission commercial bank and rural bank, bank indonesia in addition to the fulfillment of the requirements referred to in this paragraph, is also required to consider the level of fair yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 competition among banks, the saturation level number bank in a particular area, as well as the equitable distribution of national economic18development. article 16 (3) requirements and procedures for the licensing of banks referred to in paragraph (2) shall be set by bank indonesia. under the provisions of article 16 paragraph (1) and (2), relating to the provision of article 16 (3) of the law of banking can be stated that the points stipulated by bank indonesia shall, among other things: 19 1. requirements to become a bank management, among others concerning expertise in banking and condition good. 2. prohibition of family relationship between the management of banks. 3. the minimum paid-up capital for the establishment of a commercial bank and rural bank. 4. the maximum limit of ownership and stewardship. 5. feasibility work plan. 6. deadline permit the establishment of the bank. banking act expressly distinguish legal form for commercial banks, the legal form for the rural bank to bank syariah legal form, and the legal form of representative offices and branches located overseas. in article 21 paragraph (1) of the law of banking commercial bank has three legal forms, ie limited liability companies, cooperatives and regional companies, for the rural bank provided for in article 21 paragraph (2) legal form is a regional company, cooperatives, limited liability company , and other forms stipulated by government regulation. while the legal form of the bank syariah is a limited liability company as provided for in article 2 of bank indonesia regulation number 11/3 / pbi / 2009 on islamic banking. and the legal form of representative offices and branches domiciled abroad is follow the legal form of the head office as specified in article 21 paragraph (3) of the law of banking. the provisions of article 22 paragraph (1) of the law of banking stated that the commercial banks may only be established by indonesian citizens and / or legal entities 18 hermansyah, hukum perbankan nasional indonesia, kencana prenada media group, jakarta, 2007, h. 26. 19 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 indonesia, an indonesian citizen and / or indonesian legal entities with foreign citizens and / or foreign legal entities on a partnership basis. then article 22 paragraph (2) determine that the provisions on establishment of the bank requirements that must be met as referred to in article 22 paragraph (1) shall be determined by bank indonesia. the provisions concerning the establishment of commercial banks in the above, are not applicable to the establishment of rural banks. for the establishment of rural banks apply the provisions of its own slightly different with the establishment of the commercial bank. according to article 23 of law banks, rural banks may only be established and owned by a citizen of indonesia, indonesian legal entity wholly owned by indonesian citizens, local governments, or may have shared the three. more different provisions regarding the establishment of islamic bank, the establishment of islamic banks in the provisions of article 16 (1) of bank indonesia regulation number 11/3 / pbi / 2009 states that in addition can be established by an indonesian citizen and / or indonesian legal entity; indonesian citizens and / or indonesian legal entities with foreign citizens and / or foreign legal entities partnership, bank syariah can be owned by local governments. furthermore, the provisions of article 16 paragraph (2) of bank indonesia regulation number 11/3 / pbi / 2009 contained provisions ownership by foreign citizens and / or foreign legal entities referred to in paragraph (1) letter b shall not exceed 99% of paid up capital bank. 2.2. licensing the criminalization of society, science and technology continues to evolve and the consequences of some of the matters governed by the laws of criminal law in the course of further needs to be adjusted, because it is not in line with the development in question. moreover, there have been changes in the values and attitudes of citizens called the legal system, the legal structure, legal culture and legal substance. the value changes led to a number of acts that had not been sentenced to a disgraceful and despicable and should be convicted.20 the opinions above provide a reflection state criminal law in our country that is in need of renewal with the issue of criminalization as a manifestation of the dynamics of criminal law in the context of the changes taking place in society. because of that crime prevention policies with the criminal law needs to be done by means of an integral approach between penal policy and non penal.21 integral approach between the policy of penal and non penal gives the 20 wolfgang friedman, filsafat hukum, dikutip dalam hamzah hatrik, op.cit., h. 3. 21 muladi dan barda nawawi arief, op.cit, h. 158-160. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 sense that efforts are rational in crime prevention not only by means of criminal law, but it can also be done through the efforts of non-criminal, such as improving the function of licensing in any business establishment bank and in each issuing bank products , through intensify and streamline the expected nonpenal means crime prevention can be optimized. violations of licensing requirements as referred birth to a law enforcement from the point of criminal law administration(administrative pena l law).law enforcement is a legal breakthrough made by lawmakers to address the violations in the case of noncompliance with licensing requirements that are required by law. however, enforcement of criminal law in the administration of the banking act has been turned into a purely criminal law enforcement where criminal sanctions were imposed no longer be ultimum remedium, but its turned into primum remedium. article 46 paragraph (1) of the law of banking includes provisions: anyone collecting funds from the public in the form of deposits without a business license from the head of bank indonesia as referred to in article 16, punishable by imprisonment of at least five (5) years and a maximum of 15 ( fifteen) years and a fine of at least rp 10,000,000,000.00 (ten billion rupiah) and at most rp 200,000,000,000.00 (two hundred billion rupiah). the formulation of article 46 of the banking law clearly states that the activities of collecting funds without the permission of the chairman of bank indonesia is illegal (without rights and against the law). furthermore, corporate accountability for the activities referred to, in addition to the offender may be subject to additional penalty of revocation of licenses as provided for in article 16 of the banking law. article 16 (1): each party conducting collecting funds from the public in the form of deposits shall first obtain a license as a commercial bank or rural bank of chairman of bank indonesia, unless the activities of collecting funds from the public shall be prescribed by law of its own. sanctioning mechanism provided by the law of banking against violators of bank licensing provisions indicate an important role in the enforcement of penal provisions permitting the establishment of banks, either directly as a means of repressive or indirectly for the purpose as a means of prevention. this is a consequence of the implementation of penalization in the scope of permissions that changes the administrative sanctions be criminal sanctions for administrative sanctions violate the public interest. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 3. corporate accountability in crime in the field of banking license 3.1. in the criminal justice system in indonesia in the field of corporate criminal law accepted and recognized as a legal subject to committing criminal offenses and can also be criminally. in the development of criminal law in indonesia, there are three systems of corporate responsibility as a subject of a criminal act, among other things: 22 1. corporate executive board as a maker, then responsible. 2. the corporation as a maker, and administrators who are responsible. 3. the corporation as a maker and responsible. correlated with the development of the concept of the corporation as a subject of a crime, it can be argued that in the general provisions of the criminal code used until now, indonesia still has that an offense can only be done by a human. while fictional legal entities (rechts persoon )which influenced the thought von savigny is famous theory of fiction (fiction theory) not recognized in criminal law.23 establishment of the criminal code that embrace this system looks among others, from the wording of article 59 of the criminal code which reads as follows: in cases where due to a violation specified offense to the board, members of the governing body, or commissioners, the management, board members, or commissioner who did not intervene foul, not convicted. penal code do not subscribe to the view that the corporation may be charged of criminal liability, the corporation can not own an act which constitutes a criminal act and not have mental aggregates (das sollen), but who committed the act is the management corporations in committing such crimes based on the attitude of inner good particular in the form of negligence or intentional misconduct, then the board of the corporation that must bear criminal responsibility for acts he did even if they were committed to and on behalf of the corporation which he leads. not so with the criminal laws outside the criminal code. according to the laws outside the criminal code or also called the laws governing special criminal offense, other than humans corporation is also recognized as a subject of criminal law, so that the corporation may 22 hat-trick hamzah, op.cit., p. 30. 23 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 be charged for whom there is a criminal. it can be seen with the issuance of law no. 7 / drt / 1955 on investigation, prosecution and courts economy crime, law no. 23 of 1997 on environmental management, law no. 5 of 1999 on prohibition of monopolistic and unhealthy competition, law no. 8 of 1999 on consumer protection, law no. 5 of 1997 on psychotropic substances, law no. 22 year 1997 on narcotics, law number 20 of 2001 amendment to law no. 31 of 1999 on corruption, law no. 15 2002 on money laundering. within the scope of the principle of individual criminal responsibility, sudarto asserted that in addition to the ability of responsible, guilt (schuld) and illegally (wederechtelijk) as a condition for the imposition of criminal, is society by the manufacturer. thus, the concept of criminal responsibility, in the sense makers, there are several requirements that must be met, namely: 1. there is a criminal offense committed by the manufacturer; 2. there is an element in the form of intentional fault or negligence; 3. there is a maker who is able to be responsible; and 4. no excuses.24 some legal experts do not agree to such corporate accountability system on the grounds that the corporation does not qualify as a subject that can be criminally, even though this system has been adopted in the netherlands since 1976. one of them, van bemmelen,he said that many were not approved formulation of accountability corporation as a maker of criminal offenses in the criminal code book i of the netherlands. the reasons put forward revolves around the following points: 25 1. deliberate and the only fault on the natural persona; 2. the behavior of the material as a condition to some kind of offense, can only by natural persona; 3. criminal and deprivation can not be charged to the corporation; 4. charges and convictions against the corporation to the detriment of those who are not guilty; 5. in practice it would be difficult to determine whether only administrators or corporations who are charged and convicted, or both should be prosecuted or convicted. accountability system that recognizes corporations as makers and administrators responsible characterized by the recognition that arise in the formulation of legislation that a criminal act may be done by union or business entity, but the responsibility for the burden of the 24 ibid,p. 12 25 ibid,p. 32. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 corporate board. gradually switch criminal responsibility of members of the management to those who ordered or neglect lead ban if the corporation as real. accountability system into three, namely that recognizes corporations as a maker and responsible is the beginning of the direct responsibility of the corporation. in this system opens the possibility of demanding corporations and hold it accountable under criminal law. in accountability system to three, there has been a shift in the view, that corporations can be as creators, in addition to the natural man (natuurlijk persoon). so the rejection of corporate criminal prosecution based on the doctrine of non potest delinquere university has experienced a change by accepting the concept of functional kepelakuan (functioneel daderschap).26 as corporations increasingly large role in the economy, the subject of corporate governance as a crime in positive criminal law we experienced a lot of progress, growing recognition as the maker of corporate criminal liability as stipulated in the legislation outside the criminal code. the tendency of corporate offenders in achieving the purpose of profits as much as possible at this time has become a reality in society.27 therefore, recognition of corporate responsibility as a subject of a criminal act naturally formulated in the indonesian penal code which will come. fits the purpose and function of the law and criminal law, namely as a means of social protection (social defense) in order to achieve the main objectives in the form of social welfare. 3.2. forms of accountability corporations article 46 paragraph (1) banking act contains the following provisions: whoever collects funds from the public in the form of deposits without a business license from the head of bank indonesia as referred to in article 16, punishable by imprisonment of at least five (5) years and a maximum of 15 (fifteen) years and a fine of at least rp 10,000,000,000.00 (ten billion rupiah) and at most rp 200,000,000,000.00 (two hundred billion rupiah). whereas article 46 paragraph (2) banking act gives provisions that: in the case of the activities referred to in paragraph (1) shall be conducted by legal entities in the form of a limited liability company, association, foundation or a 26 muladi, functionalizing the criminal law in crimes committed by thecorporation.national seminar papers corporate crime. faculty of law, university of diponegoro. november 23 to 24. semarang, h. 85. 27 h. setiyono, corporate crime (viktimologis analysis and corporate accountability in indonesia's criminal law), bayumedia publishing, malang, 2005, p. 16. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 cooperative, the prosecution of the bodies referred to do well against those who gave the order committing such crimes or act as a leader in the act or to both. it can be concluded that article 46 paragraph (1) and (2) banking act contains provisions that can be accounted for in a criminal act banking licenses are individuals and corporations. the individual in this case is any person who commits the criminal act for on behalf of their own interests. criminal accountability as it is known in the criminal code. individual accountability can be traced from the drafting history of the provisions of article 59 of the criminal code, especially on the way in formulating offense always begins with the phrase hijdie,whoever. in connection with that, doelder, professor at the department of criminal law and criminology, erasmus university rotterdam, the netherlands that the penal code that had existed since 1886 and was written with the idea that only the person (natural persons) who may be subject to criminal liability.28 the view is in line with jonkers doelder citing high court's decision dated august 5, 1925 wrote that according to the principles of our criminal law (netherlands, pen.) agencies can not legally commit the offense.29 the reason is that our criminal law based on the teachings of personal error that is directed only to the person of the (people), so that the criminal provisions regarding any subject has a personality trait, especially criminal independence. likewise, the penalty, because, according to the criminal system of the dutch east indies, the corporation can not be sentenced to a fine, because people were sentenced to fines may choose to undergo imprisonment in addition to paying a fine substitute. according to jonkers, although the corporation can not be held in criminal law, but in fact corporations often committed the crime,while the essence of the criminal act committed by a corporation is that the criminal act was committed one or several people for and on behalf of the corporation. article 46 paragraph (2) of the banking act states that the prosecution of criminal acts in the field of licensing banks conducted by the corporation to do good to those who gave the order committing such crimes or act as a leader in the act or to both. this article gives mean that any individual who perform maintenance tasks on corporate interests in accordance with what has been outlined in the articles of association must bear responsibility corporate establishments criminal offense committed by the corporation. 28 jonkers, criminal law handbook for the indies, bina literacy, jakarta, 1987, 289-290. 29 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 the corporation is a legal entity consisting essentially of assortment. however, in subsequent discussions of the corporation is a legal entity writer will just peel the responsibility of corporations limited liability, because it is seen as limited company which has the principal differences regarding criminal responsibility when compared to other legal entities. in running pt. representatives and maintenance tasks handed over to the board of directors. the board of directors is authorized to conduct external legal acts for and on behalf of pt. external legal acts directors can be classified into the act performs management(dadenvanbeheren)and performs ownership deeds or deeds run mastery(dadenvanbeschikking).30 there are two legal acts of external directors is an act performs ownership and control (daden van beschikking) as expressly set forth in law company limited and the standard model articles of association of pt as a legal act which must first be approved by the gms or commissioners or board of directors meeting. both kinds of external legal act in question is, (1) transfer, or as security, all or most of the assets of pt, and (2) to borrow or lend money on behalf of pt. in performing its duties of directors are not only bound to what is explicitly included in the purpose and activities of the company's business, but he can also take the initiative in order to realize the interests of the company to perform acts that support and facilitate their duties as long as this initiative does not conflict with its articles , however, if in the future it is known that all actions performed directors causes damage to a third party, in this case should be responsible not directors, but the company itself. in other words referred to in article 46 paragraph (2) banking act as those who gave the orders committing such crimes or act as a leader in the act, can only be held responsible for a criminal offense committed by the corporation if the actions undertaken in accordance with the articles of association of pt. non corporate legal entity made up of three kinds: maatschap,firm and guild commanditaire or so-called cv. all three have a systematic character and accountability bebeda varied. but in this case the discussion will be limited only to the firm accountability and cv, because it is seen there will be no difference quite crucial on accountability firma, cv and maatschap. 30 rudy prasetya, position independent company limited accompanied by according to law no. 1 of1995,cet. ii, citra aditya bakti, bndung, 1996, p. 210-214. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 firma is a form of communion set out in chapter ii of part one book i of the commercial code as referred to in article 16 kuhd. this form of the common law is called the"partnership". 31 for a firm liability issues under article 18 kuhd which states,"eachpartner is responsible to bear the responsibility for any engagement whollycommunion".it is not even limited to the assets of allies who gathered in the company, but also includes the personal property that is outside the fellowship. the accountability arrangements actually just a matter of systematic accountability of civil aspect. but in this discussion will be developed through a systematic comparative study by comparing the accountability of civil aspects of the accountability of the criminal aspect. where in the criminal law only recognizes the principle of personal criminal responsibility,or the responsibility of the individual. in essence the civil law system set up, that all the engagements made by one of the allies, will be binding on other allies without exception. from esensial above was taken a conclusion that an ally in conducting a legal legal relationship with a third party is expected to get approval from other allies. good agreement in the form of written or tacit approval. this brings the consequence, that if the third party legal relations arising violation of the rules of criminal law, the other ally considered to know and approve the actions taken by the allies. allied perform legal relationship with a third party in this case will be referred to as a principal material (pleger). as for the other allies who will be called to participate do (medepleger), and the firm in question could be referred to as the manufacturer (dader) based on the concept of criminal law. so the problem that arises is what if a legal relationship that is carried by one of the allies with the third party, a violation of the rules of criminal law, for example: person a do a signing of procurement contracts for goods and services by the government, which later occurred corruptive behavior that performed by the a and causing losses to the state. in the civil law system if arises damages against third parties as a result of a legal relationship with one of the allies of the other allies who will participate responsible. this also applies to criminal liability as stated above, that if one partner acts contrary to the rule of law, especially criminal law, the other ally considered knows and approves, for that they have to participate responsibly. and firmapun will take responsibility if the allies to act for and on behalf of the firm, as well as providing benefits for the firm as a result of corruptive actions he did. 31 harold f. lusk, businesslaw,richard d. irwin, homewood, illinois, 1966, p. 444. quoted in rudy prasetya, maatschap, firm and guildcommanditaire,pt. citra aditya bakti, bandung, 2004, p. 1. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 actually, according to the classical view, cv is a special form of the firm, or in other words, the firm is a common form of cv. it therefore makes sense if the firm or regulated cv together under a single title in the commercial code (part two book i kuhd). the layout of the cv specificity than the firm is the only firm known for one kind of allies, that all allies responsible bear personal responsibility for the engagement-engagement wholly communion. on the contrary, in the cv are two groups of allies, the ally active and passive allies. when active is given the authority to run the whole activity of the cv and passive allies do not need to know what action or measures taken by an active ally. thus the passive ally limited liability that have been issued as a capital in the cv. if the active allies are acting for and on behalf of cv without any violation of the statute, then the cv will also be responsible. while passive allies do not need responsibility, unless the passive allies have known actions taken by active allies and also benefit from the corruptive behavior. 4. conclusion the foundation of the juridical responsibility of corporations in criminal activities in the banking license under article 46 paragraph (1) and (2) of law no. 10 of 1998. regarding licensing arrangements commercial bank, rural bank and bank syariah arranged in a separate regulation, regulation bank indonesia number 11/1 / pbi / 2009 concerning commercial bank, bank indonesia regulation no. 8/26 / pbi / 2006 concerning rural banks, bank indonesia regulation number 13/3 / pbi / 2009 on islamic banks. sanctioning mechanism provided by the law of banking against violators of bank licensing provisions indicate an important role in the enforcement of penal provisions permitting the establishment of banks, either directly as a means of repressive or indirectly for the purpose as a means of prevention. this is a consequence of the implementation of penalization in the scope of permissions that changes the administrative sanctions be criminal sanctions for administrative sanctions violate the public interest. systematics corporate responsibility we can not equate with natural personal accountability. because, basically, there are fundamental differences that each difference is unlikely to be equated, which among others, the material acts and errors. however, because the reality of the community showed that losses and harm caused by the acts of a very large corporation, both losses physical, economic and social costs, incurred also thought to account for the corporation in criminal cases. in addition, to examine the corporate culture of indonesia today, and given the scarcity of the corporation can be punished, then there are ways and means yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 to bring corporate responsibility to social protection, namely improving the function of criminal law by defining the corporation as a subject of a criminal act. in performing its duties those who gave the orders committing such crimes or act as a leader in the act is not only tied to what is expressly stated in the purpose and activities of corporate business, but he can also take the initiative in order to realize the interests of the corporation to perform acts that support and facilitate the duties provided that such initiatives do not conflict with the bylaws. however, if in the future it is known that all actions performed directors causes damage to a third party, in this case should be responsible not those who gave the orders committing such crimes or act as a leader in the act, but the company itself. this is a manifestation of the adoption of the doctrine of vicarious liability against corporate responsibility in the crime of licensing in the field of banking. references mochtar kusumaatmadja. masyarakat dan pembinaan hukum nasional suatu uraian tentang landasan pikiran, pola dan mekanisme pembaharuan hukum di indonesia. binacipta, bandung, 1976, h. 13. satjipto rahardjo, hukum, masyarakat dan pembangunan, alumni, bandung, 1980, h. 5. sudarto, suatu pembaharuan dalam sistem hukum pidana indonesia, dalam beberapa guru besar berbicara tentang hukum dan pendidikan hukum, binacipta, bandung, 1981, h. 64. muladi, barda nawawi arief, teori-teori dan kebijakan pidana, alumni, bandung, 1984, h. 84. j.b.j.m. ten berge dan n.m. spelt, 1983, pengantar hukum perizinan, cet 1, yurudika, surabaya, h. 2. philipus mandiri hadjon, 1995, pengantar hukum administrasi indonesia, gajah mada university press, 1995 (selanjutnya disingkat philipus mandiri hadjon i), h. 138. rudi prasetyo, perkembangan korporasi dalam proses modernisasi dan penyimpangan penyimpangannya, makalah disampaikan pada seminar nasional kejahatan korporasi, fh undip, 23-24 nopember 1989, h. 2. garner bryan a, black’s law dictionary, seventh edition, west publishing co, st.paul, minim, amerika serikat 1999, h. 341. satjipto rahardjo, ilmu hukum, alumni, bandung, 1986, h. 10. moeljatno, azas-azas hukum pidana, rineksa cipta, jakarta, 1993 (selanjutnya disingkat moeljatno ii), h. 139. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 hermansyah, hukum perbankan nasional indonesia, kencana prenada media group, jakarta, 2007, h. 26. muladi, fungsionalisasi hukum pidana di dalam kejahatan yang dilakukan oleh korporasi. makalah seminar nasional kejahatan korporasi. fakultas hukum universitas diponegoro. 23-24 november. semarang, h. 85. 1h. setiyono, kejahatan korporasi (analisis viktimologis dan pertanggungjawaban korporasi dalam hukum pidana indonesia), bayumedia publishing, malang, 2005, h. 16. rudy prasetya, kedudukan mandiri perseroan terbatas disertai dengan ulasan menurut undang undang nomor 1 tahun 1995, cet. ii, citra aditya bakti, bndung, 1996, h. 210214. harold f. lusk, business law, richard d. irwin, homewood, illinois, 1966, h. 444. dikutip di dalam rudy prasetya, maatschap, firma dan persekutuan komanditer, pt. citra aditya bakti, bandung, 2004, h. 1. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 the rights of patients as consumers of health care services in the transaction of the therapeutic deetje christy anggraini, etty marjati faculty of law, hang tua university surabaya e-mail: deetjeanggraini@gmail.com, ettymarjati00@gmail.com abstract the therapeutic is a legal relationship between the doctor with patient medical services professionally based whose competence in accordance with sophistication and skill in particular in medical field ( komalawati,1999:1 ). as a legal relationship and has rights and duties of the parties which were elements of that cannot be separated from the therapeutic. in contrast to engagements in general have, similarity in it so frequently in the therapeutic imbalance each other parties as the seat of the knowledge and understanding of, engagements hence the legal duty to provide balance through recognition and protection laws against rights patients in the underlying transactions law. was therapeutic. the rights of patients that rises of two the basic rights of the right to health care and the right of self determination in the implementation have to reflect the values of human rights back, in addition to fulfill their rights these patients also could become one of the indicators to obligation that should be adopted by a doctor. keyword: therapeutic, transactions the right patients, basic human rights inform consent, engagements. 1. introduction medical health service (medic) is the important ones have to be in take care and be increased in accordance with quality standard service is done the citizens as the consumer could feel is provided in the benefits of especially one that is the field of work doctors and cannot be separated from various sectors in life a human being whom interlock hooked moreover for a developing country like indonesia ( komalawati, 1993: 1.in the relationship between doctor, hospitals and patients protected by law. to create harmony of the law is a means of interests between the doctor, hospitals and patients in order to support the success of medical services or known as therapeutic, transactions which have the potential to transactions this is transitions involving the origin of conflict. usually as a result of conflict when the parties not to run their role as expected by the another party (yustianti & roesli, 2018). reviewed in terms of patients that patients often in a very tenuous position so that often do not preside over the senate “ law can be determined only in relation to the just “ ( kurnia,2007:2 ). legal aspects, the relationship between doctor with a patient is the subject of relations with his subjects law in that legal norms that is basically done on the basis of a collective agreement, so in this relationship there are the rights and obligations of which are reciprocal; the obligations of the patients, the right of a physician the right of the patient becomes an obligation doctor. the research is normative juridical law and with the approach systematic of law. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 2. discussion therapeutic agreement understanding the covenant therapeutic or that which more commonly called therapeutic transactions is the relationship between the doctor with patients who should be conducted by a feeling of trust of the patients against doctors ( purwohadiwardoyo, 1989: 14.). which become object of therapeutic in a transaction it was healing patients, is not healing patients. it is the relation therapeutic transactions health services ( medical service ) or with other terms is the act of medical research of health services ( health provider ) with service recipients ( health receiver ). the relationship between doctor with a patient growing into a more balanced, where there the doctor and the patient has the rights and obligations of each of which must be fulfilled. in the science of law therapeutic transactions known two types of agreements that is sought agreements “ inspannings verbintenis “ and the results of agreements “ resultaat verbintenis “.on agreements sought so achievement that must be administered by a doctor is in the form of efforts to as much as possible against healing patients whose outcome is not occur. thus in the implementation of the agreement between doctor and patient, therapeutic doctor does not promise healing the patient but to do their best cure while in the case of agreements the result is a feat that must be provided in the form of a specified outcome where engagements this attached to the patient. patients who come into the hospitals to then see a considered can help of health problem that had happened to him want to tell from the doctor about what that are complained regarding healthiness. doctor will provide a reasonable explanation is quite wide on complaints the patient. an explanation of the act of medicine has to be given directly to the patient or the family patient are good or remain asked behind. explanation must be given in complete and with the use of comprehensible language or perceptible to the patient or the patient family are easier to understand an explanation the act of medicine that will be taken. the act of medicine explanation among other things these contain; the diagnosis and procedures of the act of medicine. the purpose of the act of medicine by. other actions, alternative and the risk. the risk and its potential complications. against the action of prognosis. an estimate of payments. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 information or the most authoritative who administered by a doctor is the right of patients as the subject of law that is protected by the law number 29 / 2004 about practices medicine and act no 8 years 1999 about consumer protection. based on the above analysis above, relating to transactions to therapeutic between doctor with a patient can be drawn following; sense ( isfandyarie,2005:69-70 ).the act of making it compulsory for therapeutic transactions valid as good for patients and doctors, where is the act of placing a duty on the parties meet the rights and obligations of each of which corresponds to it they had agreed on. therapeutic transactions can not be drawn back without an agreement the other hand, for example in this case as doctors did not work cure the patients or the patient condition to deteriorate after they won an handled, a doctor should not be off responsibility with take over to has another without clear medical indication to take over patients to other wives the doctor is have got to get the consent of the patient or his family. both sides the doctor as well as the patient has to together acted in good faith in carrying out therapeutic transactions. interview in the treatment of to do based on good faith and great precision who is worthy to be doctor stated and patient must be help to answer with good faith so that the result of that is in reach in accordance with made a transactions therapeutic. therapeutic transactions should be conducted in accordance with the agreement made a healing patients, with reference to custom or propriety who prevails among both conventions in the field of medical services or propriety patients. doctor must keep the quality of service with according to standard medical services of the contest with hospitals and organizations a conventions. therapeutic transactions this has some special features compared to another agreement, the following; ( komalawati,1993:44 ). on the subject of therapeutic transactions it consists of doctor and patient. doctor act as service providers medic professional that the service was based the principle of the provision of help. qualification for the doctor to have certain and authority as a professional in medical field have competent to help it takes patients, while the patients due to the have no qualifications and authority as we have in the doctor pay an honorarium from the doctor over all things have been given. an object agreement in the form of medical efforts professional characterized by the provision of help. the purpose of the agreement is the maintenance and the increase in oriented health, it is just of increasing the health service promotional activities (, the prevention of disease( preventive ), the healing of diseases ( curative ), and recovery of disease ( rehabilitative). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 based on a code of ethics of medicine mukadimah indonesia which was manifested in the minister for health decree of the republic of indonesia number 434 / men.kes / x / 1983 about the entry into force of the code of conduct of medicine for the physician indonesia, that the relationship kodeki specifically the doctor with patient is following; it is therapeutic specially regulate the legal relationship between doctor and patient done in shades of mutual trust or confidence with that patients or the patient relatives had to believe in is doctors who do healing against efforts to the treatment of sick at the name, this doctor also have to trust a patient. the patient has to honest told me about all their complaints had been and all against certain medicines have idolater seeks asylum so that a doctor can give the correct therapy. legal relationships between the doctor with special patients these involve the emotional ties hope, and worry between creature over healing patients. informed consent in medical procedures in therapeutic transactions between the doctor with patients, the parties shall to mutually agree about the efforts to treatment or health services that would given doctor. the form of therapeutic transactions this is informed consent of those who do not translates as approval the act of medicine. informed consent that was after having the right to information and then right to give the consent of the patient for its effort of a physician in do health care. informed consent in an etymological derived from a “ informed “ which means already provided information or already described or have been outlined and the “ consent “which means. approval or permission. jadi informed consent is consent the act of medicine in favor of the patient or his family who going to happen to himself or his family after briefed which fulfills the requirements of a doctor. ( dalami,2010:113 ). the consent of the patient or his family are a must or obligation before the doctors do medical services or the act of medicine. this is reflected in the provisions of article 45 paragraph ( 1 and 2 ) the act of the practice of medicine that mention as following; any act of medicine that will be conducted by doctor towards patients must have approval from the patients or family. approval as referred to in paragraph ( 1 ) given after the patient briefed in an incomplete manner. an explanation that must be administered by a doctor to the patient or the patient family are based on article 45 paragraph ( 3 ) at least includes; the result the diagnoses and procedures of the act of medical. the purpose of the act of medical do. an alternative form of the action of another and risk. the risk and its potential complications. against the action of prognosis. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 basically approval the act of medical derived from patients rights in relation to the doctor with patients, namely;( dalami,2010:114 ) the right to determine of his own. the right to get the information the existence of informed consent is very important to have an agreement of parties who, health services in order to know that the presence of informed consent is very important and necessary. at the hospital. agreement and engagement an agreement is an event in which a promised one another or that the other two people that there can be no promised to implement something. ( subekti,1990:1 ). from an agreement would give rise to a relationship between two men who were afterwards called with engagements; which the which one is entitled has demanded something things from the other party, and the other party had an obligation to meet the suit, in other words the agreement are one source of engagements because the most generated a lot of testament law adheres to the open system so that members of the community free to entered into a covenant and the act of only function to furnish the agreements by the public. according to wirjono probodikoro stated that the agreements is a transportation law concerning the possessions or parties, in which one party promised or promise in order to implement something, and the other is entitled demanded the implementation. ( macmud,2008:73 ). an agreement it is said shall be valid if it has fulfilled 4 (four) places the requirements as determined article 1320 kuhperdata, are ; they agreed that fastens himself. that there be an agreement there must be a will that reached an agreement or consensus.without an agreement there is no possible treaty.an agreement or the consensus containing the understanding that the parties stated their own will to make each other of an agreement, where the will of parties which one should according to the will the money other in a reciprocal.the government took a followed by a revenue that the birth of a covenant. ability to make an agreement: article to 1329 kuhperdata states that each of us is capable to make agreements if he expressed by the act of skillful architect and master builder. it means people considered capable to make an agreement with the exception of those in a resolute manner are considered not skillful architect and master builder by the provisions of a statute as claimed by article 1330 kuhperdata. permenkes about approval the act of medicine have suggested that parties giving its approval namely patients in terms of the patient 21-year-old ( some are to either the upper or has been married in the waking state and healthy sense. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 a particular thing; is the principal of a particular thing or an object of the covenant that are in the form of achievement and or objects as stipulated in section 1333 and 1334 kuhperdata. an agreement shall have a particular object; at least can be determined an object that may be in the form of objects that which is now and that there will be. some reason that halal; kuhperdata in not firmly give an understanding on for things. article 1337 kuhperdata introduces a prohibited for it has seemed good when prohibited by the act or opposite to decency or public order. of the said article this 1337 a conclusion can be drawn in a contrario that, for lawful is an agreement shall not contradict the laws, decency and public orderliness. the act of rejection of medicine ( informed refusal ) in the transactions of therapeutic after communicated medical procedures will be conducted by doctors, then afterward his patient can be exercised this right to select, approve or reject the measure. the right to refuse the act of medical offered by doctor called informed refusal, but in this situation is a doctor also have to go into in detail a result of the refusal was, if the patient so the patient has to still refused to sign the form the rejection letter medical procedures have been prepared by a doctor. so at perceptible to the right with the agreement of the act of medicine this is the right of base upon health services and the right to self-determination which both are the right patients over poor health must be acknowledged and respected. the right granted legislation to the patient arranged in article 52 the act of the practice of medicine which states that services that patients in the way of the practice of medicine has the right; briefed in a complete manner of an act of medical as intended under article 45 paragraph ( 3 ) the act of practice of medicine. ask another doctor or dentist opinion. resists the action of medical. got the contents of the medical record; in addition the patient for resists the action of medicine arranged also in indonesia kodeki (kode etik kedokteran indonesia), medical codes of conduct said; as follows the right to life, the right to her own body and the right to die. fairly the right to obtain human medical services meet the standards of the profession, the right to obtain a description of the diagnosis and therapy which treat from a doctor, the right to refuse a procedure planned, diagnosis and therapy or even withdraw from therapeutic contract, the right to obtain an explanation about research to medical titles and prevent or accept the. participation in medical research, the right to be referred to medical doctors a specialist if necessary and returned back to physician who take them back when he was done a treatment for treated or follow up this proposal. the rights over secrecy that has sort of personal medical record yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 the rights to obtain an explanation of hospital regulations. the right to related families, adviser, or an ecclesiastic, etc that are necessary during the treatment at the hospital. the right to obtain an explanation about details, expenses for in patients , medicine, laboratory examination, roentgen examination, ultrasonography (usg), ct scan, magnetic imaging (mri), and others (if its needed) surgery coast, maternity room, doctors’ fees and others. according to soerjono soekanto ( 1989: 161 ) in general gives an account of the rights of patients in the service of health is as follows; the patients for treatment and management. the right of choosing health workers and hospital that going to be taking care of a patient. the right to refuse certain treatments. the right to get information the right to security and not interfered with the right to terminate treatment bahder johan nasution ( 1999:33 ) a description of the about the rights of a patient in health services in general following; the rights of patients to take care of the right to refuse certain treatments. the right of choosing health workers and hospital that going to be taking care of a patient. the right to get information the right to refuse treatment. without permission the right to feel saved rights over a limitation on the arrangement freedom care.\ the right to terminate treatment the right to obtain permission to accept visitor twenty four hours a day. the right of patients to sue or prosecute. the right of patients on the aid law. the right of patients to get advice on experiment by health workers or his family to the rights of patients to refuse the diagnostic procedures and therapeutic planned is a human right for accepting or rejecting something that is offered. hence patients who have any basic right or decide how to rights runs ( the right of self determination ) , should be given right to give his agreement about the medicine to do with. himself 2. conclusion yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 the practice of medicine is a complex system and vulnerable will of the accident so that it should be done with brothers by those competent and has the authority for people who know.the recognition of the rights of patients in the implementation of transactions in a therapeutic constitutes one of the elements which cannot be ignored in in the process increase of degree health.the government through his normative instrument made an effort to provide legal protection through various law and rule that serve as a platform the fulfillment of the rights of patients by health administrators ( health providers ). although until now law and rule that contain about the rights of the patient still is complex in the sense of spread in various the act, but still trying to reflect the human right and protection of basic civil rights. the basic rights of patient can be is categorized as a right social and individual. in terms of a fundamental principle of the rights of a patient in a transaction therapeutic can serve as reflection recognition was born to the right to health care and the right of self determination. hence substance the mechanism to fulfill their rights must remain puts forward the human right. the rights of patients also serves as an indicator of the determinants of the whereabouts of medical error which was carried out by a physician in run the practice of medic. legal protection to the patient as a consumer health service basically to start since, therapeutic transactions made meaning that transactions / engagement on the basis of equality between the two sides, in addition to this communication between the two sides must always keep, in this is meant to minimize, a deliberate act , act of omission unwarranted or anything of the health service patients. loss suggestions to comment on the importance of the function the rights of the patient and the government should be immediately realize the message of healthcare legislation to should immediately establish legislation which are stronger in the hierarchy of the laws governing the concerning the protection of patients, so that efficient legal certainty and justice and effective, in addition to the because in indonesia has not been having standard medical service and standards profession of medicine that adequate but it only increases the protection of the law towards patients as consumers can be achieved. health service references al purwohadiwardoyo,etika medis, kanisius,(1989) yogjakarta.hlm. 14. anny isfandyarie.(2005). malpraktek & resiko medik dalam kajian hukum pidana,prestasi pustaka publishe,jakarta.,hlm. 69 – 70. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 bahder johan nasution. (1999). hukum kesehatan pertanggungjawaban dokter,rineka cipta, jakarta,hlm.33 ermawati dalami, (2010). etika keperawatan,trans info media,jakarta,hlm.113 subekti. (1990). hukum perjanjian.pt intermasa,jakarta,hlm. 1 syahrul macmud,penegakan hukum dan perlindungan hukum bagi dokter yang diduga melakukan medical malpraktek,mandar maju, oktober, 2008, hlm.73 soerjono soekanto,hak dan kewajiban pasien,ind-hill-co,jakarta,1989,hlm.161 titon slamet kurnia. (2007). hak atas derajat kesehatan optimal sebagai ham di indonesia;pt almuni:bandung:hlm.2 veronica komalawati.(1999). peranan informed consent dalam transaksi terapeutik, pt. citra aditya bakti, bandung, hal. 1. veronioca komalawati. (1993). peranan informed consent dalam transaksi terapeutik, suatu tinjauan yuridis persetujuan dalam hubungan dokter dengan pasien;citra aditya bakti;bandung,hlm.1 yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 legal protection for instant coconut milk consumer wikan tri restu yanuarti, kendy lukianto kusumohadi law of faculty, hang tuah university of surabaya email : wikantri12345@gmail.com abstract consumer protection is a fairly new thing in the laws and regulations in indonesia. despite the call for the need of comprehensive legislation for consumers has been socialized for a long time, it was only on april 20, 1999 the government of the republic of indonesia issued and enacted law number 8 of 1999 concerning consumer protection (hereinafter referred to as the consumer protection act) . this study aims to describe a number of things, which include the legality of food additives in instant coconut milk circulating in indonesia, as well as understanding the legal liability of businessmen of instant coconut milk products containing food additives that exceed the threshold. the results of data analysis are obtained as follows. first, according to law number 7 of 1996 concerning food, it is regulated about food / food additives, including: article 10 paragraph (1): every person who produces food for distribution is prohibited from using any material as food additive which is declared prohibited or exceed the maximum limit set. food additives may be used in the production of instant coconut milk, except that the level of use must not exceed the threshold set by bpom. article 11 also states: ... materials that will be used as food additives, but whose impacts on human health are not yet known, must first be examined for security, and their use in food production activities or processes for distribution is carried out after obtaining approval from the government. second, the legal liability of business actors who use food additives that exceed the threshold can be requested for litigation, both by conducting criminal and civil claims. or resolved beyond litigation with a pattern of mediation, arbitration and conciliation. keyword: legal protection, threshold, food additives, consumer protection. 1. introduction consumer protection is a fairly new thing in the world of legislation in indonesia. although the appeals regarding comprehensive laws and regulations for consumers have been socialized for a long time, but only on april 20, 1999 the government of the republic of indonesia issued and enacted law number 8 of 1999 concerning consumer protection, hereinafter referred to as the consumer protection act.1 from the results of the bpkn study in the field of food related to consumer protection announced on friday, april 30, 2007, there are 4 (four) main problems related to consumer safety of food consumed, namely: food poisoning can occur due to damage and contamination or mixed with hazardous materials, prohibited use of materials, label provisions for food and beverage industry products that are not in accordance with the provisions of food labels and advertisements according to pp no. 69 of 1999 along with minister of health regulation, expired food and beverage industry products.2 1 gunawan widjaa, hukum tentang perlindungan konsumen, gramedia, jakarta, 2001, h. 1-3. 2 badan perlindungan konsumen, bpkn news letter : konsumen dan pelaku usaha harus setara, dalam http://www.bpkn.go.id. diakses pada 5 september 2018, jam 12.15 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 the 2013 bps data shows that the per capita consumption of coconut commodities in indonesia in march 2012 was 0.133 items. in september 2012 there was a decrease in consumption by 0.75 percent so that the amount of consumption became 0.132 items. in march 2013 coconut consumption was 0.117 items which meant a decrease of 11.36 percent. the percentage of the total decrease in the amount of coconut consumption by the people in indonesia for one year is from march 2012 to march 2013 which is 12.03 percent.3 the decrease in the number of coconuts consumed by indonesian people is assumed due to changes in the trends that occur in the community. according to the 2013 bps data, coconut consumption in rural areas is equal to 0.7547 grains per capita a month. urban communities consume less coconut than rural communities which is equal to 0.3613 grains per capita a month. the low amount of coconut consumption in urban communities is caused by changes in trends in urban communities that are more rapidly occurring.4 changes in the trend in consuming coconut which is generally made into coconut milk occur because of changes in the mindset of the community (roesli, heri, & rahayu, 2017). changes in the mindset of the community especially occur in urban areas that prioritize efficient activities. eating coconut milk made directly from coconuts gives satisfaction to those who consume it. this is because the milk obtained is more and more guaranteed quality. but this is now felt to be less efficient. this is because the traditional coconut milk squeeze or by hand requires a lot of time and energy. coconut coconut produced also has a short storage period or easily damaged. this is the underlying shift from conventional coconut milk to the use of packaged coconut milk. this study will look at aspects of the provisions of production and distribution permits of coconut milk in packaging. to see how these aspects are related to the consumer protection act. are there provisions that regulate the production procedures and enter the circulation of coconut milk in packaging in indonesia. this research will begin by describing the forms of coconut milk production in packaging, the impact of the circulation of coconut milk in packaging to consumers, and outlining aspects of consumer protection in instant products. in a simple way, this thesis departs from the main design of consumer protection which includes: first, a general review of the provisions of production and permits for the distribution of instant food, which are specifically for packaging coconut milk as part of the issue of drug and food safety. second, related to consumer protection. because consumer protection for instant food is still very minimal in indonesia, and there is still a large possibility that these food producers will 3 badan pusat statistik, statistik perkebunan indonesia, dalam http://www.bps.go.id. diakses tanggal 5 september 2018, jam 12.40 wib. 4 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 still not comply with the applicable provisions. which of course will harm consumers from various aspects. a food product to arrive at consumers does not occur directly but through the marketing channels, namely business people or intermediary media. as a result of the industrialization process in processing food products, legal problems arise due to the presence of defective and dangerous goods or food products that harm consumers, both financially and non-financially, and even loss of life. regarding this, there is no clarity about who is responsible (muhammad teguh nugraha, 2015).5 in connection with the above, are there provisions that regulate the circulation of coconut milk in packaging related to consumer protection, and whether the coconut milk circulation permit in packaging is regulated in the consumer protection act. due to the current global era, many products and / or services such as coconut milk in packs are produced by businesses (producers) that are unsafe and cost consumers. this is inseparable from the result of competition between business actors whose ends harm consumers. the consumer party itself is a group that is vulnerable to being exploited by business actors, and because of that legal instruments are needed to protect consumers. based on the background described previously, then the subject matter that will be raised in this study is the legal protection of consumers of instant coconut milk with the formulation of the problem as follows: legality of food additives in instant coconut milk and legal liability of instant coconut milk business actors containing food additives that exceed the threshold. the purpose of this study has the objectives to be achieved, among others: to find out the legality of food additives in instant coconut milk circulating in indonesia. to understand the legal liability of business operators of instant coconut milk products containing food additives. 2. results and discussion legality of additives in instant coconut milk product 1. regulation of food product that containing food additives the scope of consumer protection is difficult to limit only by accommodating it in one type of legislation such as the consumer protection law (uupk). consumer protection law always relates and interacts with various branches and other legal fields, because in every field and branch of law there is always a party that is predicated as "consumer". the need for a law to provide protection for indonesian consumers is inevitable, in line with our national development goals, namely the full development of indonesian people 5 muhammad nugraha teguh, analisa variasi kecepatan output rpm yang dihasilkan dari sistem penggerak terhadap kapasitas hasil perasan pada mesin pemeras kelapa parut, dalam http://www.jurnalmahasiswa.unesa.ac.id. diakses tanggal 5 september 2018, jam 122.40 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 to unite perceptions in the discussion it is necessary to limit the understanding of food and food. regulation of the minister of health no. 329 / me n.kes / per / xii / 76 concerning food production and circulation, foods are: goods used as human food or drinks, including gum and the like but not drugs. regulation of the minister of health no. 180 / men.kes / per / iv / 85 about expired food, food is: goods that are contained and labeled and which are used as human food or drinks but not drugs. regulation of the minister of health of the republic of indonesia no. 382 / men.kes / per / iv / 89 concerning registration of food, food are: goods intended to be eaten or drunk by humans and all materials used in the production of food and beverages. in anticipation, consumers are required to be critical and smart in looking at the food they face. in addition, there are still a number of explanations regarding various handling errors, treatments, and food processing that often occur, resulting in food additives that were originally harmless to be harmful to consumers. the above materials are then known as food additives (btm) or often called food additives (btp).6 food additives (btm) are ingredients added to food to influence the nature or shape of food. food additives can have nutritional value, but they may not. according to the stipulated conditions, there are several categories of food additives.7 first, food additives that are safe, with unlimited doses, such as starch. second, food additives are used at certain doses, and thus the maximum dosage of use has also been determined. third, food additives that are safe and in the right dosage, and have obtained outstanding licenses from the authorized agency, for example coloring agents that are already equipped with a secure certificate. so that consumers can choose food additives to be used, it's good for consumers to know some food additives that are safe to use, namely those that have been permitted by the food and drug monitoring agency (bpom). unfortunately, a lot of dangerous chemicals that are not intended for food or are not food additives are actually added to food. this is of course very dangerous for consumers. regulation of the minister of health no. 329 / men-kes / xii / 1976 concerning food production and circulation article 1 number 6 states provisions relating to food / beverage quality standards: quality standards are a provision stipulated by the minister of health regarding names, raw materials, supplementary materials, auxiliary materials , composition, container, packaging and other provisions for testing each type of food / beverage. 6 nurheti yuliarti, awas bahaya di balik lezatnya makanan, andi, yogyakarta, 2007. 7 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 disruption of consumer interests can cause losses to consumers, both in the form of loss of property, disruption to body health and or threats to the safety / mental health of consumers. disturbances in the interests of these consumers, directly or indirectly, are also affected by "poor" laws that consumers can use to acquire rights and or protect their interests. 2. authorized agency that regulates food product containing food additives packaging and food companies in indonesia are currently growing rapidly. however, it is very unfortunate that a lot of packaged food produced is only concerned with aspects of consumer tastes regardless of health aspects. based on the decree of the minister of trade of the republic of indonesia no. 1458 / kp / xii / 1984 about trading business license (siup) on december 19, 1984 stated that businesses in the industrial sector are divided into 3 (three) groups, namely: small, medium (medium) and large groups. this difference is determined by the amount of invested working capital and the company's net worth. deperindag is an agency authorized to carry out technical guidance and supervision of all industries. the ministry of industry and trade is also authorized to carry out the control of trading business permits (siup) for each type of business that runs its business in the trade sector, including industrial and food and beverage trading businesses, after fulfilling the specified conditions. guidance and supervision by the deperindag on industrial companies has been carried out since the establishment until the operation of the industry. when the operation of the industry, guidance and supervision continues to be carried out, both through reports and through checks to industrial locations. as long as the industry is running (operating) supervision and inspection are carried out through periodic reports that must be submitted by employers and through incidental inspection to industrial locations. deperindag based on the results of the examination called the businessman and provided an explanation of the things that must be done by the industrial company, and gave sanctions in accordance with the violations or mistakes made. in this case the ministry of industry and trade cooperates with the ministry of health and the food and drug supervision agency (bpom). in carrying out supervisory actions for producers or food and beverage business actors to enable the company to operate, deperindag refers to minister of industry regulation no. 72 / m / sk / 5/1976 concerning industry standardization and industrial and goods quality yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 control, and minister of industry decree no. 210 of 1979 concerning establishment of industrial permits. supervision and inspection in the field of food and beverage processing and distribution is carried out by the food and drug supervision agency (bpom). bpom conducts supervision and inspection in accordance with ri health act no. 23 of 1992 and food law no. 7 of 1996). supervision and inspection of food and beverages includes, among others: (a) examination of places of activity or processes for the production, storage, transportation and trade of food (food and beverages). (b) examination of food safety, quality and nutrition for the benefit of consumers' health. (c) examination of books, documents, or other records that are suspected of containing information on the activities of production, storage, transportation and or trade of food, including also citing information or duplicating it. (d) examination of business licenses or other similar documents. (e) examination of the use of additional materials that are declared prohibited or exceed the maximum limit set. (f) examination of the use of food / beverage packaging material that is declared prohibited because it is feared that it can release contaminants that harm or endanger the health of consumers. supervision and inspection carried out by bpom on a regular basis, namely 1 time 3 months, directly to each food and beverage processing location and to the distribution facilities. in carrying out the inspection of food and beverages on the market, bpom periodically checks the food and beverage companies directly to the factory and to the field or food stores, supermarkets, shops or stalls that sell food and beverages based on rules determined by the regulation of the minister of health of the republic of indonesia no. 329 / men-kes / per / xii / 1976 concerning food production and distribution. bpom also conducts direct checks on producers or food and beverage businesses to look closely at how to produce healthy and hygienic food and beverages in accordance with the stipulated provisions, based on the decree of the minister of health of the republic of indonesia no. 23 / men-kes / sk / i / 1996 concerning inclusion of halal writing on food labels. bpom also conducts incidental inspections, namely based on complaints or reports from the public directly. bpom also checks on request from government agencies or other non-formal institutions, as well as from producers or businesses of food and beverage itself, even based on mass media. the food and drug supervisory agency (bpom) has opened a consumer complaints service unit (ulpk) to the public. the way people submit their complaints is to contact or come directly to the respective secretariat office of the food and drug supervisory agency (bpom) in the area where the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 consumer is located, or consumers who feel their rights have been violated need to file it with the authorized institution. consumers can also request assistance from the non-governmental consumer protection agency (lpksm) to request legal assistance or be able to directly resolve it to the consumer settlement agency (bpsk). in addition, consumers can also go to the sub directorate (sub-directorate) of complaints services at the directorate of consumer protection, ministry of commerce. disruption of consumer interests can cause losses to consumers, both in the form of loss of property, disruption to body health and or threats to the safety / mental health of consumers. disturbances in the interests of these consumers, directly or indirectly, are also affected by "poor" laws that consumers can use to acquire rights and or protect their interests. in the framework of this supervision, the supervisory duties are carried out by the food and drug supervision agency (balai pom) in each province as part of the directorate general of drug and food control of the ministry of health of the republic of indonesia, which has the authority to carry out inspection food sector (paragraph (1)). so, it should be noted that the task of fostering in the food sector is carried out by the health office, while the supervisory duties are carried out by the pom office, both of which are part of the ministry of health of the republic of indonesia. legal responsibility of instant coconut milk producer that containing food additives who exceeding limitied liability 1. producer responsibility according to law no. 7 of 1996 concerning food, it is also regulated that food / food additives for the use of food additives on instant coconut milk are permitted, but may not exceed the threshold specified in perkbpom no. 24 of 2013 concerning food which regulates food which regulates stabilizer type food additives. mentioned in perkbpom no. 24 the threshold for using food additives listed in the regulation of the head of the republic of indonesia drug and food control agency no. 24 of 2013 concerning the maximum limit for use of food additives stabilizers in instant coconut milk, namely 1100 mg / kg for stabilizers of orthoposphate, 2500 mg / kg for stabilizers of fatty acid and glycerol types. for producers or food / beverage businesses that violate the regulation of the minister of health of the republic of indonesia no. 329 / men-kes / xii / 1976 concerning food production and circulation subject to repression. article 34 states: violations of the provisions stipulated in articles 2, 10, 21, 22 and 23 of these regulations relating to criminal acts are punished based on article 204, 205, 212 of the criminal code and article 386 of the civil yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 code. regulation of the minister of health of the republic of indonesia no. 382 / men-kes / per / vi / 1989 concerning food registration in article 19 states: for food that has received registration approval, a revaluation can be carried out if based on the development of science and technology, inappropriate things are found. the role of food additives (btm) or often referred to as food additives (btp) is very large to produce packaging products. the existence of food additives (btm) aims to make food look more quality, more attractive, with more perfect taste and texture. in essence, the use of food additives (btm) that have been proven safe actually does not endanger health. however, its use in doses that are too high or exceeding the permissible threshold may cause serious health problems. the thing that has become a serious problem in this country is that there are a lot of public lies carried out by packaged food producers. often producers or businesses do not provide incorrect information from the products they produce, for example labeling compositions that are different from the actual content, both the amount and type of ingredients added, making advertisements that overestimate their products, for example a number of drinks that are beneficial for health even though the beverage is actually just a thirst reliever without extraordinary properties for health. the increasing number of cases of food poisoning is caused by several factors. among other things, changes in people's consumption patterns are more likely to like readyto-eat foods provided by catering or restaurants, the increasing number of people who are vulnerable to diseases due to age, health conditions and lifestyle, a more advanced communication system, and caring increasing food security. from the available data, it turns out that poisoning cases that occur generally occur in ready-to-eat foods that are processed in bulk. this food is more likely to be contaminated by pathogenic microorganisms. of the various cases of poisoning, it turns out that the cause is low individual hygiene and environmental sanitation.8 food poisoning can also be caused by chemicals. keep in mind that basically all chemicals are toxic. when entering into the human body these chemicals will cause different effects, depending on the type and amount of chemicals that enter the body. examples of these toxic chemicals are mercury compounds that can cause genetic abnormalities or poisoning. the organic compounds containing benzene rings, nickel compounds, and chromes can be carcinogenic or cause cancer, headaches, digestive disorders. etc. toxins are substances or compounds that enter the body in various ways that inhibit the response to biological systems and cause health problems, diseases, and even death. various types of substances can be toxic to consumers. 8 f.g winarno, kimia pangan dan gizi, gramedia pustaka utama, jakarta, 2004. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 various other chemical compounds are also not food additives, but are often used in indonesia, including dulsin nitrofurazon, salicylic acid, diethylpyrocarbonate (depc), and pottasium bromat. manifestations of food poisoning can be acute or chronic. acute poisoning includes diarrhea, vomiting, and other gastrointestinal diseases, while chronic ones can cause neurological disorders to cancer.9 with regard to the above matters, the government immediately establishes an institution which serves as a supervisor while regulating the hazardous materials contained in these food products. the government has issued legislation and regulations relating to food security both at the production level and at the distribution level. legislation that forms the basis for taking action or punishment for actions that cause harm or harm to consumers in various forms of legislation. the form of consumer rights is the obligation of the entrepreneur. the consequence is that every act that violates is an illegal act. thus the consumer whose rights are violated can sue the producer / business actor for the fulfillment of their rights or to compensate. the conception of responsibility in the regulation of the uupk basically has a difference with the arrangement of responsibilities in the civil code. 2. legal consequence of food that containing hazardous substances according to the civil code that the responsibility of the business actor (producer) to provide compensation is obtained after consumers who suffer losses can prove that the losses incurred are mistakes of the business actor. whereas in the uupk it regulates the reverse obligation, where the business actor is obliged to prove that the loss suffered by the consumer is not due to a mistake of funds or negligence of the business actor, even though in this case the first consumer proposes the loss argument, and this is known as absolute responsibility (strict liability). the concept of absolute liability in the uupk itself in the united states has been known and enforced since the 1960s. where with the implementation of the principle of absolute responsibility all people / consumers who are harmed due to a product or item that is defective or insecure can sue for compensation without having to dispute the presence or absence of elements of error on the part of the manufacturer. the term product liability was only known around the 1960s in the world of insurance in the united states, in connection with the commencement of large-scale food production, both among producers (producers and manufacturers) and sellers (sellers, 9 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 distributors) insure the goods against the possibility of a risk due to food products that contain hazardous ingredients that cause harm to consumers. this standardization is closely related to consumer safety and security, which is related to the feasibility of a product to be used or consumed. goods that do not meet quality requirements, especially food, can cause havoc to consumers, besides harming consumers from a financial perspective, they can also threaten their security and safety and even the safety of the general public. as an implementation of this standardization, products that meet the standards are given a product certificate (certification marking) which is made with sni mark that can be placed on the product, packaging or document. this sign is affixed by the producer to the product goods after obtaining permission from the minister of industry in accordance with the decree of the minister of industry no. 210 of 1979. the government has issued legislation and regulations relating to food security both at the production level and at the distribution level. legislation that forms the basis for taking action or punishment for acts that cause harm or harm to consumers in various forms of legislation, which already exists such as: 1. law no. 23 of 1992 concerning health, including: a. article 21 paragraph (3), namely: "foods and beverages that do not meet standards and or requirements and or endanger health are prohibited from being circulated, withdrawn from circulation and confiscated to be destroyed in accordance with the provisions"; b. article 80 paragraph (4), namely: "anyone who intentionally circulates food and / or drinks that do not meet standards and or requirements and or endangers health is punished with a maximum of 15 (fifteen) years imprisonment and a maximum fine of rp. 300,000,000; (three hundred million rupiah); 2. law no. 7 of 1996 concerning food, including: e. article 55, namely: "anyone intentionally contradicts article 8, article 21 letter (a), article 26 letter (b) shall be punished with a maximum of 5 (five) years imprisonment and / or a maximum fine of rp. 600,000,000; (six hundred million rupiah); b. article 62 paragraph (1), namely: "business actors who violate the provisions referred to in article 8 shall be punished with imprisonment for a maximum of 5 (five) years or a fine of at most rp. 2,000,000,000; (two billion rupiah); if the provisions of coaching and supervision above apply to all business activities that produce and distribute goods and services, for food products (food) there is a special regulation that applies, namely law no. 7 of 1996 concerning food, provisions concerning guidance are contained in chapter vii of article 49, and provisions concerning supervision are contained in chapter ix of article 53 and article 54. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 the guidance referred to in practice is carried out by the health office (ministry of health of the republic of indonesia). article 53 of law no. 7 of 1996 concerning food said that those who are authorized to supervise the fulfillment of food legislation are the government. in the framework of this supervision, the supervisory duties are carried out by the food and drug supervision agency (balai pom) in each province as part of the directorate general of drug and food control of the ministry of health of the republic of indonesia, which has the authority to carry out inspection food sector (paragraph (1)). so, it should be noted that the task of fostering in the food sector is carried out by the health office, while the supervisory duties are carried out by pom, both are part of the ministry of health of the republic of indonesia. disputes occur due to differences in views or opinions between certain parties regarding certain matters. that is the opinion of people in general if asked about what is meant by a dispute. disputes will arise if one party feels their rights have been harmed by another party, while the other party does not feel that way. consumer disputes are disputes between consumers and business actors (public or private) about consumer products, certain consumer goods and / or services. stating that consumer disputes are disputes relating to violations of consumer rights. its scope includes all aspects of law, both civil, criminal and state administration.10 3. conclusion according to law number 7 of 1996 jo. perkbpom no. 24 of 2013 concerning food regulates food / food additives, including: article 10 paragraph (1): everyone who produces food for distribution is prohibited from using any ingredients as food additives which are declared prohibited or exceed the maximum threshold set. food additives may be used in the production of instant coconut milk, except that the level of use must not exceed the threshold set by bpom. article 11 also states: ... materials that will be used as food additives, but whose impacts on human health are not yet known, must first be examined for security, and their use in food production activities or processes for distribution is carried out after obtaining approval from the government. business actors found using food additives that exceed the specified threshold, legal liability can be requested by litigation, namely by making a criminal or civil claim. or resolved beyond litigation with a pattern of mediation, arbitration and conciliation. advices 10 shidarta, hukum perlindungan konsumen indonesia, pt. grasindo, jakarta, 2006. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 there needs to be more stringent law enforcement from bpom as the food and drug supervisory agency, especially in law no. 7 of 1996 concerning pangan jo. perkbpom no. 24 of 2013 which regulates the threshold for the use of food additives for instant coconut milk products circulating in indonesia. for all levels of society or consumers, socialization is needed through counseling to increase awareness of consumer rights and legal protection in the law, as well as ways to resolve legal disputes regarding products that contain food additives that exceed the threshold. references badan pusat statistik, statistik perkebunan indonesia.2017.dalam http://www.bps.go.id/2017 /11/10/statistik-kelapa-indonesia.html. diakses tanggal 5 september 2018, jam 12.40 wib. hague convention on the law applicable to product liability.1973.convention on the law applicable to products liability.article 3. badan pusat statistik, statistik perkebunan indonesia.2017.dalam http://www.bps.go.id/2017 /11/10/statistik-kelapa-indonesia.html. diakses tanggal 5 september 2018, jam 12.40 wib. hague convention on the law applicable to product liability.1973.convention on the law applicable to products liability.article 3. darus, mariam. (1980). perlindungan terhadap konsumen ditinjau dari segi standar kontrak (baku). makalah pada simposium aspek-aspek hukum perlindungan konsumen.bphn— binacipta. janus, sidabalok. (2006). hukum perlindungan konsumen di indonesia.bandung : pt citra aditya bakti. long, nancy. (2006). panduan makanan sehat.jakarta : prestasi pustaka. lupiyoadi,rambatdan a hamdani. (2006). manajemen pemasaranjasaedisi :ii.salembaempat. marzuki, peter mahmud. (2005). penelitian hukum, edisi revisi.jakarta : kencana prenada media grup. miru, ahmadi dan sutarman yodo. (2004). hukum perlindungan konsumen : cetakan ke 2.jakarta : pt rajagralindo persada. nasution, az. (2001). hukum perlindungan konsumen.bandung : cv. mandar maju. nasution, az. (2000). hukum perlindungan konsumen : suatu pengantar.jakarta : daya widya. nasution, az. iklan dan konsumen ( tinjauan dari sudut hukum dan perlindungan konsumen).1994.dalam dalam manajemen dan usahawan indonesia.nomor 3 thn. jakarta : xxii.lpm fe-ui. rahardjo, satjipto.(2006). ilmuhukum : cetakan keenam.bandung : citra aditya bakti. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. shidarta.(2006). hukum perlindungan konsumen indonesia.jakarta : pt grasindo. siahaan,n.h.t. (2005). hukum konsumen : perlindungan konsumendan tanggung jawab produk.jakarta :panta rei. soekamto, soerjono dan sri mamudji. (2016). penelitian hukum normatif. jakarta : raja grafindo persada. tebbens, harry duintjer.(1980).international product liability.netherland : sijthoff & noordhaff international publishers. toar, agnes m. (2005). tanggung jawab produk dan sejarah pengembangannya di beberapa negara.jakarta: pantai rei. toar,agnes m.(1989).tanggung jawab produk dan sejarah perkembangannya di beberapa negara.makalah pada penataran hukum perikatan ii .ujung pandang. teguh,muhammad nugraha.e-journal : analisa variasi kecepatan output rpm yang dihasilkan dari sistem penggerak terhadap kapasitas hasil perasan pada mesin pemeras kelapa parut. 2015.dalam http://www.jurnalmahasiswa.unesa.ac.id/2015/index_php/urnal-rekayasa mesin/article/download.html.diakses tanggal 5 september 2018.jam 122.40 wi widjaa,gunawan.(2001). hukum tetang perlindungan konsumen.jakarta : gramedia. yuliarti, nurheti. (2007). awas bahaya di balik lezatnya makanan, yogyakarta, andi. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 13 due to the law of property ownership certificate (shm) site of more than 5 plots gesang iswahyudi narotama university, surabaya, e-mail: gesangiswahyudi80@gmail.com abstract purpose of this paper is to determine the existence and understand the limitations of property ownership of more than 5 (five ) parcel of land plots relating to the site. state regulating land ownership with the status certificate of land ownership (shm), where people can only have a maximum of five (5) areas, or the total area of the shm ownership of no more than 5000 m2 (five thousand square meters) and that restrictions on land ownership as mandated by article 7, article 17 in this case regarding non-agricultural property till now there is no restriction, or no regulation concerning the maximum limit of non-agricultural land property rights. the setting of this case as stated in the decree of the state minister of agrarian affairs / head of national land agency number 6 of 1998 on the granting of property rights to land for house live. basic implementation is the treatise consideration plots tread head of bpn ri regulation no. 1 in 2010, dated january 25, 2010. the results of this paper are in order to achieve what is set forth in article 33, paragraph 3 of the constitution in 1945 the bpn in this case must issue rules concerning restrictions on non-agricultural land property rights more comprehensive and complete in order to prevent and take action if there are groups or parties that accumulate land property rights of nonagricultural, should establish regulations governing the restriction of property rights of nonagricultural formulated-rumusanyang together with the provisions of the restrictions on the land, for example, divide the category of land property rights of non agriculture based strategic area or is not strategic and so that individuals and entities the national land (bpn) to each of limitations of ownership by a person to land his property, so can the implementation of landreform and enacting law no. 5 of 1960 on basic regulation of agrarian (basic agrarian law) ditelah expected, in relation to the utilization of city planning, site plans is one means of controlling and regulating the use of urban space, and as a driver of regional development optimally, due to site plan contains basic guidelines for area planning, construction planning, area managers, building owners, users or occupant as well as the others associated with the region in preparing and managing a regional part of an operational nature and binding. to resolve this matter roads that can be taken by the owner / individual if you want to file a certificate solution in accordance with his wishes (although more than 5 fields) is to submit a certificate as well as propose the process of solving the tread plots to the national land agency (bpn). keywords: land reform, the minimum and maximum land holdings, treads plots. 1. introduction bal is a legal product in the era of the old order that calls for change and renewal in the field of agrarian and land as well as the desire to realize development that is based on pancasila and the 1945 constitution of government policy at the time was more effort to jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 14 realize the prosperity and welfare of the people as outlined in article 33 paragraph (3) uud 1945, that the earth, water and natural resources contained in it are controlled by the state and used for the greatest prosperity of thepeople.the birth of this act has long aspired to the government is to overhaul the entire system and agrarian philosophy in indonesia. the enactment of law no. 5 of 1960 on basic regulation of agrarian hereinafter referred to as the basic agrarian law (bal) is the executor of article 33 paragraph (3) of the 1945 constitution. one important legal aspects that can regulate and organize the layout of a city / area with the promulgation of the bal is with or through theprogram land reform and landredistribusi in indonesia. article 7 bal contains a principle that is important is that the ownership and control of land beyond the limit are not allowed, because of such things that are detrimental to the public interest, article dubbed chapters anti-landlord, namely the prohibition of land ownership to exceed the limits (groot grondbezit). understanding tread plots are breaking ground plane can be whatever. in fact the land ownership of more than 5 (five) field or area of no more than 5000 m2 is common, especially for people who have a history of land lord (landlord) of a previous family that owns the land in large quantities. 2. writing method research conductedis a normative legal research(normativelegalresearch),the research done by reviewing the legislation in force or applied to a specific problem. normative research is often called a doctrinal study, the research object of study is to document the legislation and library materials. the theories and concepts used in this research is the theory of justice, authority theory, theory of occupation. 1. the theory of justice in the land development in indonesia, the term "justice" would not be separated from the concept of justice. to gave the answer to this, childbirth johnrowls kedilan principle, which is often referred to by are some experts namely: freedom of the same principle(equalliberty of principle), principle differences(differencesprinciple), principle of equality of opportunity(equalopportunity principle). with the conclusion of justice is: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 15 "equality for all people, whether in social equality and equity in the form of utilization of natural resources ("social goods"). the limitations in this case can only be allowed when there is the possibility of greater profits "everyonehas equal rights and freedoms of the most widespread and is compatible with similar liberties for others. "everyone has the same basic freedoms. 2. theoryauthority the termpowers and authority are often found in the literature of political science, law, and science of government. the authority is often equated with power and authority are often used interchangeably with the term of authority, and vice versa. usually in the form of power relations in the sense that there is one party that the other party govern and the governed (the rule and the ruled). elaboration of the concept of authority, can be traced through the source of authority and the concept of justification of action gained power in government. source of authority itself includes attribution, delegation and mandate. in connection with the source of authority, indroharto argued: "the authority obtained attribution, namely the provision of a new governmental authority by a provision in the legislation and capabilities provided by legislation to give rise to legal consequences". so, here are born / created a new government authority. in the delegation there was a delegation of authority existing by the agency or job tun who has obtained an attributive government authority to the agency or other tun position. thus, a delegation is always preceded by the presence of something attribution authority. on the mandate, there has not been a new authorization and delegation of authority from the board or tun position one to the other ". 3. discussion in daily life today all human beings on this earth is always in touch with the ground. land on which they stand, reap the rewards of crops planted and also take in the wealth contained in the soil. land is a term that raises some opinions, some even refer to as the agrarian, whereas between land and agrarian term is something different. there are several opinions regarding the definition of land and agrarian. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 16 the term comes from the word agrarian akker (dutch), agros (greek) means farmland, angger (latin) meaning the land, agrarius (latin) means fields, rice paddies, agrarian (english) meaning the land for agriculture. urip santoso expressed the opinion that the definition of agrarian also often associated with a pattern of life of a community or nation, for example indonesia as an agricultural country, which is a nation that a large part of the population living from farming (farming) or the lives of its people rely onagriculture. agriculture as an adjective used to distinguish shades of life of rural people rely on agriculture with the urban community life style that relies on non-agricultural sector (trade, industry, bureaucracy). in indonesia, among scholars and law enforcement officials generally less aware of differences in the philosophical concept that creates confusion and how to defend the land rights with agrarian rights (hermansoesangobeng). a concrete example of the confusion that is the experience of centuries in indonesia during the colonial era england and the netherlands, where the rights eigendom as absolute property rights over land, only owned by the state and eastern europe as well as foreign residents. as the earth's population son, only to have the authority to process agrarian rights as tenants in the form of state-owned land (staatsdomein), as well as the legal union of indigenous peoples did not have land rights. therefore, trying to explain the philosophical meaning of land and agrarian indispensable. in civil law as summarized in dutch law codification into burgelijk wetbook (bw), differences in land rights and agrarian rights even then known, where agrarian relations governed by contract law. book of the law law bw was based on the principle concordance, also applies to the dutch east indies by the name-indonesian penal code. but it only applies to the segment of the population of europe as well as foreign orientals, and then also to the people of earth men who have legal status equivalent(gelijkgesteld)with the dutch. in-indonesian penal code, this philosophy prioritizes protection of the rights eigendom as absolute property rights over land, which can be controlled by a legal subject(rechtssubjecten)in the form of the state, communities, and individuals. while the jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 17 agrarian rights and obligations to act under the authority of the subject of law in managing the land. according soebekti and r.tjitrosoedibio,agrarian law(agrarischrecht),is the entirety of the provisions provisions of the law, both the civil code, as well as constitutional law(staatsrecht)and also state administrative law(administratifrecht)which governs the relationship the relationship between people, including legal entities with water earth and space in all regions of the country and also governs the authority authority that originates in the relationship the relationship. 3.1. definition of land andits agrarian within the scope ofessence,is part of the earth's land, the land is meant here is not set the ground in all its aspects, namely the land in terms of juridical called rights. land as part of article 4, paragraph (1) of the bal, namely "on the basis of the rights of control of the state as referred preformance article 2 determined the kind of kind of right on the earth's surface, called the soil, which is given to and owned by people people, alone or in combination together with other -the people and entities legal entities ". object law of the land is land tenure rights. the meaning of land tenure is a right which contains a series of powers, obligations, or restrictions for the rights holder to do something about the land dihak. something that may be, required or forbidden, to done, which is the content of tenure that is the criterion or benchmark for distinguishing between right the right of tenure stipulated in the law of the land. land law is the entirety of the provisions provisions of the law, written or unwritten, that all have the object the same setting that is right the right of tenure as an institution the judiciary and as a legal relationship that is concrete, public and private, that can be prepared and studied systematically, until the whole as one that represents the system. with the use of the term in the sense that such agrarian breadth of it in terms of the agrarian law bal is not just a device field of law. according to prof. boedi harsono agrarian law is a group of various areas of law, that each each set right the right of control over resources particular natural resource which includes the definition of agrarian. the group consists of: land law, which regulates the rights the right of tenure, in the sense of the earth's surface; jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 18 water law, which regulates the rights the right of control over the water; mining law governing the right the right to mastery of materials minerals that are intended by the basic law of mines; fisheries law governing the right the right of control over the natural resources contained in the water; legal control over power and elements elements in space (instead of"spacelaw"), regulates the rights the right to mastery of energy and elements elements in the space intended by article 48 of the bal. in indonesia, there are several definitions and terms terms of land that is known, the term exist and apply in indonesia, the land is divided into two (2) parts: (a) the land directly controlled by the state, (b) land that does not include the letters a, belongs to a right by an individual or legal entity. in act no. 51 prp / 1960 are entitled to land directly controlled by the state agricultural minister or official appointed and entitled to land in letter b is the person or legal entity who is entitled to the land. soil together is a piece of land that is used on the basis of collective rights are not separated flats which stands above and set limits with building permit requirements. communal land, are the indigenous people's land does not contain elements of individual ownership. customary rights are rights that belong to indigenous peoples to control and open land that lies within the indigenous and tribal peoples. the government's attitude to the customary rights of indigenous peoples, the government recognizes the existence of this customary rights in indigenous communities, even guaranteed its implementation in the law basic agrarian law, specifically set out in article 3 and article 5. the implementation of customary rights in accordance with national and state interests, which is based unity of the nation and must not conflict with the law laws and regulations are higher, they acknowledged its existence and observance. state land is land owned by the state because there is no owner. state land management is fully located in the state. industrial land (rural) is the land area used for economic activities such as material processing finished / semi-finished and semi-finished or finished goods. industrial land jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 19 (urban) is a field the field of land used for an economic activity in the form of material processing finished / semi-finished and or field a field that is used for storage of goods. land services are land areas areas of land used for a social service and cultural activities for the city conducted by the agency and or community organizations, public or private that focuses on activities aimed at non-commercial service. crooked land is land that is an incentive that is given to the village head or also the salaries of the form of land. during his time as they may enjoy the fruits of the land and after his term expires the land be returned and may not be traded. kengser wedi soil is soil which is under the control of the state which are along the river flow, and utilization can change change according to the situation and condition of natural changes. pertikelir soil is soil soil eigendom having a pattern a special pattern, because the private land companies. according to the bf sihombing after independence nation, land private land that is mostly owned by the agency foreign legal entities, namely: right erpacht for companies large garden of more than 1 million hectares; concession rights for the company's large garden of more than 1 million hectares; eigendom rights, the right to housing erpacht on approximately 200,000 field. in 1958by the minister of agrarian soenarjo issuedact act no. 1 th. 1958 on the abolition of land private land to the land and their rights the right to delete and soil soil into the ground the ground state. at the time of the dutch east indies, land private land purchased by the government according to gazette 1913 no. jo 702 gazette 1976 no. then 421: land land owned businesses indigenous indonesian people become proprietary. which is owned by the people the foreign orientals (chinese and arabic) because the law into soil with so-called altijddurende erpacht and since 1926 to landerijnbezitrech. the provisions contained in the agrarian law no. 5 of 1960 on basic regulation of agrarian principles, which was enacted on september 24, 1960 in the state gazette no. 104 of 1960. this underlying the establishment of bal is pancasila and article 33 paragraph 3 of the 1945 constitution process bal formation starting from the submission of the draft law, which was discussed in a joint meeting of the commissions with the government represented by the ministry of agricultural, mr. sadjarwo on september 1. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 20 after a process that lasted ruupa discussion for some time, mr. sadjarwo as minister of agrarian then his introduction speech. he said clearly that: "... the struggle of the national agrarian law overhaul walk closely with the history of the indonesian struggle to escape from the grip, the influence and the remnants of colonialism; especially peasant struggle to free themselves from the fetters of the feudal system of land and the exploitation of foreign capital ... ". basic regulated formation and formulation of the basic agrarian law contained in article 33 of the 1945 constitution in the formulation of article 33 of the 1945 constitution reads, "the earth and water and natural resources contained in it are controlled by the state and used for the greatest prosperity of the people". two main points of the article above is that since the beginning of the country has been accepted to intervene in the management of natural resources as a means of production and arrangements are in order for the greatest prosperity of the people. linking the two are intertwined so that the application that one can not ignore the others. in memory of explanation on the draft bal mentioned that the main objective gains were: laying the foundations for the preparation of the national agrarian law which would constitute a means to bring prosperity, happiness and justice for the state and the farmer in the framework of a just and prosperous society. 3.2. basic agrarian law and rights of control over land enactment of the basic agrarian law (bal) on 24 september 1960 is an important event in the field of agrarian and land in indonesia. with the enactment of law no. 5 of 1960 on the bal land policies in the era of dutch colonial rule began to be abandoned. the birth of this act has long aspired to the government is to overhaul the entire system and agrarian philosophy in indonesia. in the basic agrarian law (bal) is set and the set order or hierarchy levels of tenure rights to land in the national land law, namely: 1. right indonesian nation referred to in article 1, as a right of tenure highest civil beraspek and the public. 2. right to control of the states referred to in article 2, public. 3. land rights of indigenous people referred to in article 3, civil and public. 4. the rights of individuals / individual, all civil consists of: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 21 a) the rights to land as individual rights, all of which are directly or indirectly derived on the rights of the nation, referred to in article 16 and 53. b) endowments , namely proprietary already in article 49. c) rights guarantees of land called "mortgage" in article 25, 33, 39, and 51. the provisions of the land law governing the rights of tenure as a legal institution 1. naming tenure is concerned; 2. assign contents, which regulate what is allowed, mandatory and prohibited done by the right holder and the period of its control; 3. set the matters concerning the subject, who may be the right holder and the terms of its control; 4. regulate matters concerning land. the provisions of the land law governing the rights of tenure as a concrete legal relationship are: 1. regulating the issues regarding the creation into a legal relationship that is concrete. 2. set up matters regarding the assignment with the rights of others. 3. set the matters concerning his transfer to another party. 4. regulate matters concerning abolishment. 5. set the matters concerning evidence. discussion on the importance of bal to indonesia birth agrarian law in indonesia itself is marked with the enactment of the basic agrarian law on september 24, 1948, as well as a manifestation of the reform of the nation indonesia related to setting up the rights to the land, which used to be pluralistic and greatly benefit the nation colonial. in addition to the emergence of the basic agrarian law is also a manifestation victory indonesian people, especially farmers. to create a national agrarian law to ensure legal certainty for defense, we conducted the unification of legal defenses by forming the act no. 5, 1960 regarding the basic regulation agrarian, or better known with the law on september 24, 1960. the reasons for the birth of law 5 th 1960 (bal), namely: a. because the agrarian law applies mostly composed based on the objectives and the joints of the colonial government (the netherlands), to conflict with the interests of the state. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 22 b. as a result of political-legal occupation, so the agrarian laws that have the nature of duality, namely entry into force of the rules of customary law in addition to the legal regulations west, shg cause various problems between groups are very difficult, it is also not in accordance with the ideals of national unity , c. colonial agrarian law did not guarantee legal certainty for indigenous people. agrarian law as intended by bal, is a group of various laws, which regulate the rights-sumbe control over natural resources. in a broad sense, the scope of the agrarian law include: the land law, water law, forest law, the law of the mining / minerals, fisheries law and space law (law governing the control of certain elements of space). the objective of the establishment of the bal contained in the general explanation of the bal, namely: a) laying the foundations for the preparation of the national agrarian law, which would constitute a means to bring prosperity, happiness and justice for the state and the people, especially the farmer, in the framework of a fair society and prosper; b) laying the foundations to hold unity and simplicity in land law; c) laying the foundations to provide legal certainty regarding the rights to the land for the people entirely. laws of the land is the overall legal rules governing the rights of tenure, which is the legal institutions and legal relations of concrete to the ground. similar restrictions can be held also in other fields of law which are elements of the group over the agrarian law, such as water law, forest law, the law of the mining / minerals, fisheries law and space law. conclusions from the description above discussion can be concluded as follows: 1. act shrimp agrarian important for indonesian society agrarian to update and improve regulation of agrarian colonial which do not benefit the people: a. because the agrarian law applies mostly composed based on objective and joints of government colony (the netherlands), to conflict with the state kpentingan; b. as a result of political-legal occupation, so the agrarian laws that have the nature of duality, namely entry into force of the rules of customary law in addition to the legal regulations west, causing various problems between groups are very difficult, it is also not in accordance with the ideals of national unity ; c. colonial agrarian law did not guarantee legal certainty for indigenous people, the law agraia born improve it so that the earth's land and property settings indonesia aimed at the prosperity of the people of indonesia. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 23 2. in addition, the purpose of the establishment of the bal contained in the general explanation of the bal, namely: a. laying the foundations for the preparation of the national agrarian law, which would constitute a means to bring prosperity, happiness and justice for the state and the people, especially the farmer, in the framework of a fair society and prosperous; b.meletakkan basics to hold unity and simplicity in land law; c.meletakkan basics to provide legal certainty regarding the rights to the land for the people entirely. b. program of land reform and redistribution of in indonesia 1. programs land reform all rights to land with social functions, as described in article 6 of law no. 5 of 1960 on basic regulation of agrarian principles (basic agrarian law). land use must be adapted to the circumstances and nature rather than their rights, benefits both to the welfare and happiness which have one or useful for the society and the state. that is, if any land rights that exist in a person, it can not be justified solely used for personal benefit, especially if it causes damage to the community.the term land reform in the narrow sense ofby boedi harsono includes an overhaul of the ownership and control of land and legal relations concerned with land tenure. program of landreform,are: a) limitations on the maximum area of land tenure, b) prohibition of land ownership in the so-called "absentee" or "guntai" c) the redistribution of the lands that the remainder of the maximum limits, as well as the lands affected by the ban absentee,the lands of the former autonomous region and state land; d) setting about returns and redemption farms mortgaged; e) setting back-revenue-sharing agreements for agricultural land; f) determination of a minimum area of agricultural land ownership, along with the prohibition to perform acts that resulted in splitting the ownership of agricultural lands into parts that are too small. setting the ownership and control of land intoprogram the land reform set out in article 7, article 10, article 17, the bal. article 7 reads: jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 24 "in order to not harm the public interest, the ownership and control of land that is beyond the limit are not allowed". article 7 bal contains a principle that is important is that the ownership and control of land beyond the limit are not allowed, because of such things that are detrimental to the public interest, article dubbed chapters anti-landlord, namely the prohibition of land ownership to exceed the limits (groot grondbezit). in article 10 bal implicitly imposed restrictionsland absenteeownership,which is referred to asownership of agricultural land absentee is ownership of agricultural land which lies outside the sub-district land owner's residence, thus all forms of transfer of property rights on agricultural land through sale, tukarswap, or grants which resulted in a new ownership of agricultural land by absentee prohibited. article 17 bal comprehensive set maximum and minimum allowed or owned by one family either with property or other rights. referring to the provisions of article 17 of the bal, the government enacted law no. 56 prp of 1960 on agricultural land area determination, and this act is the parent implementation ofland reform in indonesia. law number 26 year 2007 on spatial planning mengamanat-kan their regulatory provisions governing the zone is a space utilization requirements and the provision of control and arranged for each block / zone designation determination of the zones in the detailed spatial plan for efforts to use space. based on government regulation no. 38 of 2007, permits the utilization of this space has been the authority of the city as the spearhead of the implementation of spatial planning in the area. while referring to government regulation no. 15 of 2010, there were five (5) permits the use of space, namely the principle permits, location permits, permits the use of land utilization (ippt), building permits (imb), and other land use permit. 2. program redistribution to ensure kesesuai-an between land-use planning by the individuals or legal entities with spatial plan required the city is also important in neutralizing jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 25 the legal aspects of a division and the ownership of a plot, that is the presenceprogram. landredistribusi landredistribusi is the division of the lands controlled by the state and has been affirmed become the object of reform given to tenant farmers who have qualified as stipulated in government regulation no. 224 of 1961 which aims to improve the socio-economic condition of the people especially the farmers by organizing division of land fair and equitable on the livelihoods of the farmer in the form of land. so that the division can be achieved by sharing fair and equitable. if the lands that have been granted the right by the state, for example in the form of properties, leasehold, broking, hak pakai, and rights management, or the basis of tenure but apparently not cultivated, not used, or not used in accordance with the the circumstances or the nature and purpose of the basic rights or mastery, then it is classified as wastelands (roesli, heri, & rahayu, 2017). land abandoned by the holder of the rights (hak, leasehold, broking, hak pakai, and rights management, or basic land tenure others), according to the legislation, the national land agency to remove the legal relationship of the rightsholder with the land by setting it as a wasteland. determination of an area as wastelands and distribute them to the right (land redistribution) are then delete the relationship with the land rights holder, is mandated by the basic agrarian law and government regulation no. 11 year 2010 on the establishment and utilization of abandoned land. as mentioned in article 15 of government regulation no. 11 of 2010, that designation control, ownership, use, and utilization of former state land abandoned land utilized for the benefit of society and the state through agrarian reform and the country's strategic program and to spare other countries. c. limits minimum and maximum land ownership agriculture and non-agricultural 1) the minimum defined as the minimum limit is the minimum limit land ownership either agricultural land or land nonagricultural by or people in their livelihood is one family together either his own or belongs to someone else and collectively jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 26 belongs to someone else. the setting of the minimum limit land ownership under article 17 paragraph (1) bal which specifies that by the provisions of article 7, to achieve the objectives set forth in article 2 paragraph (3) shall be the maximum area and / or a minimum of land that may be owned by something that right under article 16 by a single family or a legal entity. which is prohibited by article 7, is not of to exceed the limitsland ownership,but also penguasaanya. further arrangement 56prp stipulated in law no. 1960 on the establishment of land pertanaian. the minimum limit of 2 hectares of land ownership (two hectares) set forth in item (8) general explanation of law no. 56 prp 1960. 2. limit referred to the maximum limit is the maximum limit land kepemlikan both farmland and non-agricultural land by a person or persons in a livelihood is a family together either his own or belonged to other people or together belongs to someone else. in article 7 bal determined that not merugkan public interest then the ownership and control of land which is not allowed to exceed the limits. under these provisions the ownership and control of land by a person restricted. the need for restrictions on ownership or control over these lands in order to avoid social inequality and does not arise wastelands. thus, in order not arise wastelands then land owners are required to work or cultivate land itself actively, by preventing violent means as set out in article 10 of the basic agrarian law which stipulates that every person and legal entities that have rights over agricultural land in principle required or are actively working on their own, by preventing violent means. to implement the provisions of article 7 and article 10 should be a maximum of delimitation of land ownership by a person or family. basic provisions concerning the establishment of a maximum limit of land ownership under article 17 paragraph (1) and (2) the bal. article 17 paragraph (1) bal determine that the provisions of article 7 so to achieve the objectives set forth in article 2 paragraph (3) shall be the maximum area and / or a minimum of land that may be possessed by something such rights under article 16 by one or bodies law. while article 17 paragraph (2) bal determines that the determination of the jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 27 maximum limit in paragraph (1) of this article shall be done by legislation in a short time. implementation of article 17 paragraph (2) bal 56prp stipulated in law no. 1960 on the establishment of agricultural land. 56prp in law no. 1960, establishing a maximum limit of land ownership set out in article 1 (2) which determines that the determination of the maximum limit of land ownership into account the number of population, area and other factors. 56prp in law no. 1960, establishing a maximum limit of land ownership set out in article 1 (2) which determines that the determination of the maximum limit of land ownership into account the number of population, area and other factors as set out as follows: table. 1. determination of the maximum limit of land ownership in areas that rice (hectares) dry land (hectares) nosolid 15 20 solid lesssolid 10 12 pretty solid 7.5 9 very solid 5 6 4. conclusion whereas restrictions on land ownership as mandated by article 7, article 17 of the bal and kbpn decree 6 of 1998 and regulations of bpn ri head no. 1 in 2010, dated january 25, 2010 in this case regarding property rights of non-agricultural until now there is no restriction, or no regulation concerning the maximum limit of land property rights of nonagricultural, in the sense of not yet implemented the provisions of article 7 and article 17 that restrictions should be be done in the form of legislation in a short time. it is very worrying because birth and entry into force of the bal until this time should be no longer an excuse that the exclusion or not the restriction of land property rights of non-agricultural, then the restriction of land should be done or carried out in order to jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 28 prevent the buildup of soil on one class or often called landlords resulted in a monopoly in the field of land and restrictions on land ownership is one solution. kbpn decree 6 of 1998 and regulations of bpn ri head no. 1 in 2010, dated january 25, 2010 in this case is not a limitation as a whole but rather only limitation on the application for an increase in the rights of building rights into property rights and restrictions on the rights application on state lands designated for residential as well as the only restriction solving field land by individuals alone. in terms of the regulations on the parcel of land footprint, the national land agency (bpn). considers these regulations are not of relevance to the development of time at this point so the zoning regulation is merely a policy / authority / a discretion only in accordance with its purpose as regulated in law number 30 year 2014 on government administration (law 30/2014 ). discretion is intended to create orderly organization of public administration, creating legal certainty as a result of a vacancy or ambiguity rule of law, abuses of authority, ensure accountability of the agency and / or government officials, provide legal protection to citizens and government personnel, implementing rules and regulations legislation and applying the general principles of good governance (aupb), and provide the best possible service to citizens. that effort bpn restriction of non-agricultural land property rights until recently was not done under the pretext of the absence of legal framework governing it., and is also constrained by administrative systems that are not integrated in bpn. regarding sanctions against transgressors ownership actually existed, as has been stipulated in article 11 of the law no.56 of 1960 prp are sanctions for a person who violates or exceeded the maximum ownership of non-agricultural land property rights which in article 12 states that the maximum and a vast amount of land for housing and other construction, which the penalty is for violations of the rules of criminal threat by-lamunya imprisonment for 3 months and / or fines of up to rp 10.000, -. but the surprise is where sanctions have been there but the rules can lead to sanctions proficiency level until now does not exist or has not been set. in the event that an overhaul of the land is mostly found many problems in practice, such as common problems in terms of application for transfer of rights (sale and purchase, grant, inheritance, etc.), this will be an obstacle because the rules only allow one has the certificate jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 29 of land ownership (shm) is not more than five (5) fields. to resolve this problem, the road that can be taken by the owner if you want to submit a certificate by an individual solution according to his wishes (although more than 5 fields) is to submit a certificate as well as propose the process of solving the tread plots to the national land agency (bpn). in terms of the regulations on the parcel of land footprint, the national land agency (bpn). considers these regulations are not of relevance to the development of time at this point so the zoning regulation is merely a policy / authority / a discretion only. kbpn decree 6 of 1998 and regulations of bpn ri head no. 1 in 2010, dated january 25, 2010 in this case is not a limitation as a whole but rather only limitation on the application for an increase in the rights of building rights into property rights and restrictions on the rights application on state lands designated for residential as well as the only restriction solving field land by individuals alone. discretion is a decision and / or action is determined and / or carried out by government officials to address the issue of the concrete facing in governance in terms of legislation that gives the option, not regulate, incomplete or unclear, and / or stagnation of government , however, they should be by the competent authority and in accordance with its purpose. terms of discretion can be found in act no. 30 of 2014 on government administration ( "law 30/2014)". bahwasannya discretion is intended to create orderly organization of public administration, creating legal certainty as a result of a vacancy or ambiguity rule of law, abuses of authority, ensure accountability of the agency and / or government officials, provide legal protection to citizens and government personnel, implementing rules and regulations legislation and applying the general principles of good governance (aupb), and provide the best possible service to citizens. in this case the individual as well as national land agency (bpn) to each of limitations of ownership by a person to land his property, so can the implementation of landreform and enacting law no. 5 of 1960 on basic regulation of agrarian (basic agrarian law) which expected, in relation to the utilization of urban spatial structure, site plan is one means of controlling and regulating the use of urban space, and as a driver of regional development optimal for society. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 30 reffrence adnan buyung nasution, bantuan hukum, akses masyarakat marginal terhadap keadilan (tinjauan, sejarah, konsep, kebijakan, penerapan dan perbandingan di berbagai negara), lembaga bantuan hukum, jakarta, 2007, hal.97. ali achmad chomzah, hukum pertanahan, prestasi pustaka, jakarta, 2002, hlm. 1235 ali achmad chomzah, hukum pertanahan seri hukum pertanahan iii-penyelesaian sengketa hak atas tanah dan seri hukum pertanahan iv-pengadaan tanah instansi pemerintah, prestasi pustaka, jakarta, 2003. hlm. 25 a.p. parlindungan, permohonan kepastian hukum hak atas tanah menurut pengaturan yang berkaitan, makalah seminar fakultas hukum universitas sumatera utara tanggal 19 oktober 1996, hlm. 76-77. arie sukanti hutagalung, condominium dan permasalahannya.(jakarta: badan penerbit fakultas hukum ui, 2007). hal. 24. ashofa burhan, metode penelitian hukum, rineka cipta, jakarta, 1996, hal.19. a.v. dicey, introduction to the study of the constitution, cet 2, terjemahan dari nurhadi, nusamedia, bandung, 1952, hal.254-255. bachtiar effendie, pendaftaran tanah di indonesia dan peraturan pelaksanaannya,(bandung : alumni, 1983), hal. 20-21. boedi harsono, hukum agraria indonesia sejarah pembentukan undang-undang pokok agraria, isi dan pelaksanaannya, cet. 9, (jakarta: djambatan, 2003),hal. 365, 475. diktat hukum agraria, diktat hukum agraria,’’ garis besar hukum tanah indonesia landasan hukum penguasaan dan penggunaan tanah’’, (diktat), hal. 30,31. estelle phillips, researching and writing in law, lawbook, sidney, 2002, hal.164. dalam rusdianto s, “prinsip kesatuan hukum nasional dalam pembentukan produk hukum pemerintah daerah otonomi khusus atau sementara”. disertasi, logam pascasarjana universitas airlangga surabaya, 2016. firly irhamdani, “analisis yuridis terhadap batas maximum kepemilikan hak milik non pertanian menurut hukum pertanahan nasional”, tesis, magister kenotariatan, universitas indonesia, jakarta tahun 2012. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 31 h.d.van wijk/willem konijnenbelt, hoffdstukken van administratief recht, culemborg, uitgeverij lemma bv, 1988, p. 56. dalam ridwan hr, hukum administrasi negara, raja grafindo persada, jakarta, 2006, hal.70. herman soesangobeng, filosofi adat dalam uupa, makalah dipresentasikan dalam sarasehan nasional “peningkatan akses rakyat terhadap sumberdaya tanah”, diselenggarakan oleh kantor menteri negara agraria/bpn bekerjasama dengan asppat, tanggal 12 oktober 1998, di jakarta, 1998, hal. 4. herman soesangobeng, sinkronisasi peraturan perundang – undangan mengenai pengelolaan sumber daya alam, makalah disajikan pada seminar pertanahan nasional 2002 sekolah tinggi pertanahan nasional di yogyakarta 16 juli 2002. irene eka sihombing, , segi-segi hukum tanah dalam pengadaan tanah untuk pembangunan. (jakarta: universitas trisakti, 2005). hal. 50. john rowls,theory justice, harvard university press, 1971 hal. 352 juanda, hukum pemerintahan daerah, alumni, bandung, 2004, hal.265 lilik mulyadi, hukum acara pidana, citra aditya bakti, jakarta, 2007, hal.20. mudakir iskandar syah, dasar-dasar pembebasan tanah untuk kepentingan umum. (jakarta: jala permata, 2007). hal. 44. peter mahmud marzuki, penelitian hukum, kencana prenada media, jakarta, 2010, hal.95. r. soeprapto, undang-undang pokok agraria dalam praktek, (jakarta: mitra sari, 1986),21.hal. 69. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sadono sukirno, pengantar teori makro ekonomi, cetakan keenam, raja grafindo persada, jakarta, 1996, hlm. 33. sf.marbun, peradilan administrasi negara dan upaya administrasi di indonesia, liberty, yogyakarta, 1997, hal.154. soedjono dan h.abdurahman, metode penelitian hukum, rineka cipta, jakarta, 2003, hal.56 soerjono soekanto dan sri mahmudji, penelitian hukum normatif, suatu tinjauan singkat, raja grafindo persada, jakarta, 2003, hal.7. jurnalwacana hukumdan universitas merdeka this rk is censed ra creative commons attribution-sharealike 4.0 rnational license 32 urip santoso, hukum agraria dan hak – hak atas tanah, kencana jakarta 2005 hal 5 urip santoso pendaftaran dan peralihan hak atas tanah, ( jakarta: kencana, 2010 ), hal.30 urip santoso, pendaftaran dan peralihan hak atas tanah, ( jakarta: kencana, 2010 ),, hal19-20. wani widjaja“pelaksanaan pembagian waris berdasarkan penetapan batas maksimum pemilikan tanah pertanian sesudah berlakunya undang-undang nomor 56 (prp) tahun 1960 tentang penetapan luas tanah pertanian”,universitas udayana, bali tahun 2017 widhihandoko, buku catatan yang berjudul “asas dan tujuan pendaftaran tanah” keputusan menteri negara agraria/kepala bpn no.6 tahun 1998 tentang pemberian hak milik atas tanah untuk rumah tinggal undang-undang dasar negara republik indonesia tahun 1945 pasal 33 ayat (3) undang-undang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria undang-undang no.56 prp tahun 1960 tentang penetapan luas tanah pertanian dan undangundang ini merupakan induk pelaksanaan landreform. undang-undang no.26 tahun 2007 tentang penataan ruang peraturan pemerintah no.15 tahun 2010 tentang izin prinsip, izin lokasi, izin penggunaan pemanfaatan tanah (ippt), izin mendirikan bangunan (imb) dan izin pemanfaatan ruang lainnya. peraturan kepala bpn ri no.1 tahun 2010 tanggal 25 januari 2010 tentang risalah pertimbangan tapak kavling. peraturan pemerintah nomor 24 tahun 1997 , pasal 1 butir 10 peraturan pemerintah nomor 24 tahun 1997 tentang pendaftaran tanah, pasal 1 butir 1 pasal 7, pasal 10, pasal 17, uupa (undang-undang pokok agraria) “untuk tidak merugikan kepentingan umum, maka pemilikan dan penguasaan tanah yang melampaui batas tidak di perkenankan. perda kabupaten sleman no 19 tahun 2001 pp no.38 tahun 2007 tentang perijinan pemanfaatan ruang www.hukumproperti.com/2013/11/06/asas-asas-hukum-agraria/com. dikutip pada tanggal 4 maret 2015 jam 10.00 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 constitutional protection for ownership owners who reject consignation richo fernando sitorus *1, tahegga primananda alfath, *2 *1 faculty of law, narotama university surabaya e-mail: *1richofernandositorus@gmail.com abstract this research aims to analyze the legis ration of granting consignment for development in the public interest and to analyze the constitution providing legal protection for owners of land rights who refuse consignment. this research is a normative legal research with a statutory approach. the legal material analysis technique used in this research is to use descriptive techniques. the results showed that the legis ratio of consignment provisions was based on the social function of land rights as regulated in article 6 of law number 5 of 1960 concerning basic agrarian regulations. the consignment itself is regulated in article 42 of the land acquisition law. the constitution provides legal protection for owners of land rights who refuse consignment because it is the community's right to get the protection enshrined in the 1945 constitution and pancasila as the philosophy of life of the nation and as the ideology of the unitary state of the republic of indonesia. in the 1945 constitution article 28h paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone". keywords : consignment, land rights owners, constitution protection. 1. introduction public services by the government apparatus today still encounter many weaknesses so that they cannot meet the quality expected by the community. this is indicated by the persistence of various public complaints that have been submitted through the mass media, so that it can lead to an unfavorable image of the government apparatus. state in this case the government must be able to meet the needs of the community. these needs are not individual needs but various needs that are expected by the community, such as the need for health, education, transportation, and others1. in general, transportation plays an important role in two ways, namely economic development and non-economic development. economic goals such as increasing national income, developing national industries and creating and maintaining employment opportunities for the community. in line with these economic goals, there are also noneconomic objectives, namely to enhance the integrity of the nation, and increase national defense and security 2. every development activity carried out by the government certainly cannot be separated from the need for land as a container for its activities. this is because in general development activities are carried out on land. the existence of the need for the land has consequences for the holders of land rights related to the acquisition of land for the 1 sinambela, lilian poltak, public service reform, policy theory, and implementation, jakarta: pt. bumi aksara, 2008,hal.89 2 abbas salim. transportation management. jakarta: raja grafindo, 2006,hal. 2 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 implementation of development in the public interest. constitutionally, article 33 paragraph (3) of the 1945 constitution states that: "the earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". this underlies the right of control of the state contained in law no.5 of 1960 concerning basic rules on agrarian principles, which is known as the basic agrarian law (uupa). affirmed in article 2 paragraph (1) of the bal, namely: "on the basis of the provisions in article 33 paragraph (3) of the constitution and other matters as referred to in article 1, earth, water and space, including natural resources contained therein is at the highest level controlled by the state, as an organization of power for all people. " in addition, the loga also adheres to the principle of land rights having a social function, as confirmed in article 6 of the loga, namely: "all land rights have a social function". this principle implies that land rights holders must give up their land rights to be released or transferred if the government requires the land for the implementation of development in the public interest 3. on this basis there needs to be a policy in the acquisition of land for development. article 18 of the loga states that "for the public interest, including the interests of the nation and the state and the common interests of the people, land rights can be revoked by providing appropriate compensation and in a manner regulated by law. this is accomplished by making regulations namely presidential regulation no. 36 of 2005 concerning land acquisition for the implementation of development in the public interest was amended by presidential regulation no. 65 of 2006 concerning amendments to presidential regulation no. 36 of 2005 concerning land acquisition for implementation of development in the public interest. arrangements regarding land acquisition become the legal basis for the government to obtain land for the implementation of development in the public interest as well as a guarantee for holders of land rights to obtain adequate compensation, thus providing better survival from the socio-economic level of life. article 10 paragraph (2) of presidential regulation no. 36 of 2005 concerning land procurement for the implementation of development in the public interest states "if after the deliberation as referred to in paragraph (1) is not reached, the land acquisition committee determines the form and amount of compensation as referred to in article 13 and entrusts compensation money to the court a country whose jurisdiction covers the location of the land concerned. " the word "no agreement is reached" in that article means that one of the parties does not approve of the amount of compensation that is discussed. if 3 amalia, rizky, legal protection for holders of land rights in determination of compensation related to land procurement for public interest, journal, yuridika: volume 27 no 3, september-december 2012. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 you see article 18 of the bal it says that the right to land can be revoked but by providing proper compensation. appropriate compensation for land rights holders aims to respect the rights of land holders who have been willing to release or surrender their land rights to the state. arrangements relating to land acquisition have been amended several times. these changes are intended to better respect and guarantee the rights of the holders of land rights. in the practice of land acquisition for public purposes, if there is no agreement for compensation, it can be implemented with a consignment. the existence of this consignment does not give the option to the holders of land rights other than releasing or giving up land rights. problems arise in the practice of land acquisition, where there are still many neglect of the rights held by holders of land rights, especially for minorities and small people. they experienced a reduction in welfare due to the relinquishment or surrender of their land rights for the interests of those who need land, in this case the government. this automatically violates the principles of human rights which are expressly recognized by the constitution with respect to the principle of decent survival, because the people's right to protection is the right of every indonesian citizen contained in the 1945 constitution and pancasila as the philosophy of life of the nation and as the ideology of the unitary state of the republic of indonesia. in the 1945 constitution article 28h paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone". as indonesian citizens, human rights must remain protected as mandated by the constitution. but in reality the existing consignment system is not in line with the expectations of the general public, because problems arise when compensation is not in line with the expectations of the community. constitutionally, article 33 paragraph (3) of the 1945 constitution states that: "the earth, water and natural resources contained therein are controlled by the state and are used for the greatest prosperity of the people". this becomes the basis for the government to acquire land for public purposes. so that the people affected by the development must follow the existing rules, if they reject the compensation will be deposited through the court. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 2. research methods type of research is a normative legal research (juridical normative) with a statutory approach. the legal material used by the author in this study consists of 3 (three), namely primary legal materials, secondary legal materials, and tertiary legal materials. the approach used in this research is the statutory approach. the legal material analysis technique used in this research is to use a descriptive technique, which is the method of analyzing legal material by carrying out what it is about a legal perspective. then proceed with evaluating a legal condition 4.in conducting the evaluation the writer can use various interpretations. as well as by grouping and selecting legal materials obtained according to their quality and truth, then they are connected with theories, principles, and legal principles obtained from literature study so that answers will be obtained for the problems that are being studied in research, namely regarding the protection of the constitution for owners of land rights who refuse consignment. 3. results and discussion legis ratio providing consignment for development in the public interest consignment is an effort to settle compensation through the court. the government through the land release team (tpt) and the land procurement committee (p2t) will deposit compensation in accordance with the appraisal team's estimate to the court. landowners who will be used for public purposes are given 120 days from the first consultation to settle compensation. if you agree you can immediately receive payment. but if not, then those concerned can appeal to the high court. not reaching a meeting point, then the process through the court that can resolve the problem. of course, the cost to be deposited in court is the price in accordance with theteam's calculations appraisal, because the price offered is the highest. the legis ratio of the consignment itself is based on article 6 of the bal, namely that all land rights have a social function, which in the explanation itself states that any land rights that exist on a person, it cannot be justified that the land will be used (or not used) solely eye for his personal interests, especially if it causes harm to society. the use of land must be adjusted to the conditions and nature of the rights, so that it benefits both 4 i made pasek diantha, methodology normative legal research in justification of legal theory, kencana, jakarta, 2017,hal.12. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 the welfare and happiness that has it and benefits the community and the state. article 6 of the loga states that land owned by a person can be taken or used by the state to achieve benefits and prosperity for the community and the state. land used by the state cannot be taken for granted, article 18 of the loga states that "in the public interest, including the interests of the nation and state, as well as the common interests of the people, land rights can be revoked, by providing compensation appropriate and in accordance with the manner stipulated in the law ". self compensation can be done by deliberation in advance to determine the shape and size. if residents object and refuse the results of the compensation decision can be done by depositing the money in the district court or commonly referred to as the consignment itself is regulated in article 42 of law number 2 of 2012 concerning land procurement for development in the public interest. the constitution provides legal protection for owners of land rights who refuse consignment the community's right to get protection is the right of every indonesian citizen contained in the 1945 constitution and pancasila as the philosophy of national life and as the ideology of the unitary state of the republic of indonesia. in the 1945 constitution article 28h paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone". as indonesian citizens, human rights must remain protected as mandated by the constitution. consignment acts are coercion of wills, unilateral treatment, deprivation of rights, arbitrary actions by the government that requires land, and do not give respect to the rights to holders of land rights. it cannot be justified if the government which requires land takes the land holding the right of land before an agreement is reached in a deliberation regarding the form of compensation. if an agreement has not yet been reached, then the consignment cannot be considered as a basis for the taking of land rights, because this does not provide legal protection for holders of land rights. the use of this consignment institution is basically not justified by the supreme court of the republic of indonesia in its decision no. 3757 pk / pdt / 1991 dated 6 august 1991 which stated that the consignment could not be applied in land acquisition conducted by the government. but in the implementation of this decision was not used as jurisprudence by the district court in handling disputes over money through the district court. this is due to the authority of the district court in accordance with the mandate of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 article 14 of law number 4 of 2004 concerning provisions on the principle of judicial power. where the court may not refuse to examine and try a case that is filed under the pretext of law there is no or less clear but it is obligatory to examine and try. acts of safekeeping money through the district court basically can be rejected by the district court based on the consideration of judges that has caused injustice in the community. for this reason, the district court places its position as a community partner to obtain legal certainty rather than allowing the community to receive unfair treatment from the government 5. giving compensation through this consignment will be detrimental to the community because the community will lose the function attached to the land, whether its social function is as a means of binding the traditional law community unit, or the function of the land as capital or a place of business to fulfill their living needs. the loss suffered by the holder of the land right is basically not only physical in the form of land, buildings or other objects that are on the land. but also includes losses in the form of non-physical, namely the loss of business opportunities, jobs, sources of income and other sources of income. and especially the loss of inner bonds with the land under their control. this physical loss can basically be compensated with cash that can be given to the holders of the rights to the land, but the loss in the form of non-physical which will experience difficulties if the replacement is done. imperfections in existing land acquisition laws and regulations still open the gap for actions that are contrary to the values of justice and the enforcement of human rights. therefore, it is necessary to have a strong desire to reform land law based on the values of justice, which places human rights as one of the tasks shared by all parties to be able to realize the justice desired by all groups without causing the development process to be hampered. one form of implementing legal certainty is the protection of arbitrary actions. the community expects legal certainty, because with legal certainty the community will be more orderly, because the purpose of the existence of law is for public order. in addition, the community expects benefits in the implementation of law enforcement. laws are 5 amalia, rizky, legal protection for holders of land rights in determination of compensation regarding land procurement for public interest, journal, yuridika: volume 27 no 3, september-december 2012. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 created to regulate humans, so the implementation of law or law enforcement must provide benefits or usefulness to the community. the taking of community land by anyone, including by the government, must not be carried out arbitrarily for any reason, including reasons for the public interest. if forced community land is taken for development in the public interest, then the taking must be based on law and by providing reasonable compensation. regarding this, law no. 2 of 2012 concerning land procurement for development in the public interest also requires the same thing, namely land acquisition by providing appropriate and fair compensation to the parties entitled. land acquisition carried out by the government in the public interest must be able to protect the rights and interests of those who are entitled to the land, where they are expected to be willing to relinquish their rights to the land and in return for providing proper and fair compensation (roesli, heri, & rahayu, 2017). so that the constitution provides legal protection for owners of land rights who refuse consignment because it is the community's right to get the protection enshrined in the 1945 constitution and pancasila as the philosophy of life of the nation and as the ideology of the unitary state of the republic of indonesia. in the 1945 constitution article 28h paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone". as an indonesian citizen the protection of human rights as mandated by the constitution. 4. conclusion legis ratio of the consignment itself is based on article 6 of the bal, namely that all land rights have a social function, which in its own explanation states that whatever land rights exist to a person, it cannot be justified that the land will be used (or not used) ) solely for his personal benefit, especially if it causes harm to the community. the use of land must be adjusted to the conditions and nature of the rights, so that it benefits both the welfare and happiness that has it and benefits the community and the state. article 6 of the loga states that land owned by a person can be taken or used by the state to achieve benefits and prosperity for the community and the state. land used by the state cannot be taken for granted, article 18 of the loga states that "in the public interest, including the interests of the nation and state, as well as the common interests of the people, land rights yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 can be revoked, by providing compensation appropriate and in accordance with the manner stipulated in the law ". self compensation can be done by deliberation in advance to determine the shape and size. if residents object and refuse the results of the compensation decision can be done by depositing the money in the district court, or what is commonly referred to as the consignment itself, is regulated in article 42 of law number 2 of 2012 concerning land procurement for development in the public interest the constitution provides legal protection for owners of land rights who refuse consignment. refusing land rights consignment because it is the community's right to get the protection enshrined in the 1945 constitution and pancasila as the philosophy of national life and as the ideology of the unitary state of the republic of indonesia. in the 1945 constitution article 28h paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone". as an indonesian citizen protection of human rights as mandated by the constitution. the constitution actually regulates the ownership of land rights owned by a person so that they are not taken away just like that, but instead provides appropriate compensation for holders of land. it is true that the earth, water, and natural resources contained therein are controlled by the state, but every citizen also has the right to have private property and property rights, so if the state will use private property and community property, then the state is obliged to provide appropriate compensation for those who have rights. references abbas, salim. (2006). transportation management. jakarta: raja grafindo, jakarta. amalia, rizky. (2012). legal protection for land rights holders in determination of compensation related to land procurement for public interest. journals. yuridika: volume 27 no 3. september-december. i made pasek diantha. (2017). methodology normative legal research in justification of legal theory. kencana. jakarta. jimly asshiddiqie and m. ali safa'at. (2006) hans kelsen's theory of law. the secretariat general and registrar of the constitutional court of the republic of indonesia. jakarta. law no. 5 of 1960 concerning basic rules of agrarian principles. september 24, 1960. state gazette of the republic of indonesia of 1960 number 104. jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 law no. 2 of 2012 concerning land procurement for development in the public interest. additional state gazette of the republic of indonesia number 5280. mohammad yamin lubis and abdul rahim lubis. (2011). revocation of rights, exemption and land acquisition. forward mandar. printing 1. bandung. mudakir iskandar syah. (2007). basics of land acquisition for public interest. jala permata. jakarta. philipus m. hadjon. (2007). legal protection for the indonesian people. civilization. presidential regulation no. 36 of 2005 concerning land acquisition for the implementation of development in the public interest was amended by presidential regulation no. 65 of 2006 concerning amendments to presidential regulation no. 36 of 2005 concerning land acquisition for implementation of development in the public interest. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sinambela, lilian poltak. (2008). public service reform, policy theory, and implementation, pt. earth literacy. jakarta. sitorus, oloan and dayat limbong. (2004). land procurement for public interest. indonesian land policy partners. yogyakarta. sutedi, adrian. (2008). implementation of principles of public interest in land procurement for development. sinar grafika. jakarta. the 1945 constitution of the state of the republic of indonesia yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 the law protection of the hospital in cooperation with health bpjs contract herni budiyanti law faculty of law, hang tuah university of surabaya email: hernibudiyanti@ymail.com abstract characteristic of the contract of cooperation between bpjs health with hospitals is the contract of public, so that the contents of the contract is what i instruct you tie these two sides.as long as the complexity of the hospital care make a rather complex and difficult negotiated by the hospital when the fine print. pre-contract and it is time for the walk contract always of the nature of a monopoly parties bpjs health are more dominant.and household characteristics sick with another.and yet the reason uniformity contract the hospital across indonesia the contents of an agreement at the same.it is pretty obvious that a lot of difference basic in the perspective of the project, human resources and different working capital. the principle of proportional meaningful his exchange that provide the basis or form the basis of the rights and obligations of the parties in accordance proportion or its part of the whole process of contractual arrangement.the principle of proportionality presupposes the division of the rights and obligations of manifested in the whole process of contractual arrangement, good at phase pre-contractual, the formation of a contract and the implementation of the contract ( pre-contractual, contractual, post contractual.the principle of proportional transcendental the context of its relations and the interests of the parties ( maintain the sustainability of the relations that take place conducive and fair ). legal protection for hospitals there are for example through a contract that has been signed with a signature that is be law enforcement for both sides. keywords : law protection, hospital, bpjs contract 1. introduction pancasila as the basis for countries in the final communique of the fifth acknowledged the right of the fact that people health rights. it is also were written in art 28h and article 34 the 1945 constitution.in the act of number 36 2009 on health hereinafter referred to as health law in article 5 paragraph ( 1 ) and ( 2 ), affirmed that: 1.every person has the same right to obtain access to resources in health.( 2 ) every individual has the right in obtaining health services that are safe, high-quality and affordable. awareness of the importance of social protection insurance continue to grow in accordance with fourth to changes in the constitution article 34 paragraph ( 2 ), namely the state develops mentioned that: social security system for all people of and the empowerment of the community that are weak and not capable of according my dignity humanity.with the incorporation of the social security system in the change of the 1945 constitution, then the rising of the act of no. 40 year 2004 concerning national social security system ( hereinafter called sistem jaminan sosial nasional sjsn ) into a law a clear proof that the government and related stakeholders having a commitment while the fund for the welfare large social for its entire people (rudianto & roesli, 2019).law sistem jaminan sosial nasional sjsn in article 3 says: national social security yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 system is aimed to ensure the to fulfill their decent basic living needs for every member and or their family. similar things are also stated in the regulation of health minister no. 28 year 2014 on guidelines for the implementation of the national health insurance.the implementation of the program national health insurance ( jkn to provide of health protection in the form of the healthcare benefit in order to meet basic needs of health given to anyone who has paid the premium or tuition was payable by government. social security agency next abbreviated bpjs, their own health care in terms of working with third party which is the health facilities or later abbreviated faskes good primary in urban referral and the advanced level that is the hospital.health facilities was to a hospital or shortened faskes, in the process of cooperation with bpjs health have to have a written agreement. so far the draft agreement between bpjs health to the hospital extended every january 1st in every year.a draft agreement of formerly in have discussed through association of health institutes after that this needs to be socialized to health institutes.health facilities studies draft the contract agreement between new sign them.but the said agreement is not can make the change because it is already raw and found in all indonesia.while each faskes sure have different characteristics in terms of human resources are, the facilities and infrastructure as as well as the environment who are not necessarily in quality and quantity of their services the same.therefore, based on the contract of cooperation bpjs researchers in terms of health and hospitals should be being flexible or adjust the contents of the contract between the poor field with such an agreement.in this case by the hospitals were not able to have the flexibility to determine which services alone can be implemented in such an agreement. are now operating and more hospitals who cooperate with the health bpjs especially at a government hospital because the law are required by presidential regulation no 12 2013 article 36 indicated that the paragraph ( 2 ) and 3. the follows: ( 2 ) health facilities belonging to the government and regional governments who fulfill the criteria must cooperate with bpjs health. ( 3 ) belonging to private health facilities can be established that fulfills the requirements of cooperation with bpjs health.private hospitals can work together with bpjs health but are not required to. implement this participation is compulsory for all people of indonesia. so that the nature of a monopoly in health services, be an option nhi social insurance who makes the hospital in flocks to cooperate, if have not worked together for the patient to the possibility of reduced.supposed to be cooperation between the two sides is fair and open so as to obtain justice.hence researchers trying to review the contents of an agreement between parties the hospitals and bpjs health.the interaction between the people in daily life can not be separated from of a contract or treaty, be able to function because the contract is to protect the benefit of man for regulating the rights and yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 obligations of each party.the implementation of the contract came closely related to the good faith of the parties and with good faith this is what sometimes it gets a question when the contract was carried out.let alone between institution medical services in terms of this is a hospital with the bpjs health as the insurer nhi, of course many the thing it supposed to as set forth in a written agreement between the two sides. the act of no. 1 24 years 2011 about health security agency the third part authority, article the 11th letter e. in carrying out tasks, health bpjs are authorized to: e. make or stop a contract with health facilities; 2. research methodology a. type of reasearch type research in the writing of this is normative, juridical namely research that is focused to assess the application of existing norms or positive. norms in law b. issues approaching according to mahmud marzuki, legal research, rechtsonderzoekis a scientific process to seek the breaking up of legal issues that comes up with the purpose of giving prescription about what administrators should give on an issue the legal.1 an approach to a problem that is worn in this research is the approach and regulations ( statute approach. the approach of legislation is the approach by the use of legislation and regulation.the product that is beschikking / decree, that is a decision with which published by administration officials that is concrete and specifically, as presidential decrees, a decree of the minister, the decision of the bupati and decisions certain of a weight cannot be used in legislation. approach2 c. law material source the law material source of this research are: a. the law material premierwhich is the law it selves b. the mou between the hospital with bpjs 2018. 3. discussion presidential regulation no. 1 82-2018 about health insurance article 67: (1) carrier health services for the implementation of the health insurance program included all health facilities that are it established cooperation with bpjs.. 1ibid., h.37. 2marzuki, peter mahmud, penelitian hukum, kencana prenada media grup, jakarta, 2005. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 (2) health facilities belonging to the central government and local governments that meet the requirements are obliged to working with bpjs. (3) health facilities private mailing list that fulfills the requirements of cooperation with health bpjs can be established. (4) cooperation as referred to in paragraph ( 2 ) and paragraph ( 3 ) should be conducted by making a written agreement. (5) in order to implement cooperation with health facilities, bpjs coordinated with the department of health the district health. (6) provisions on the requirement as referred to in paragraph ( 2 ) and paragraph ( 3 ) will be regulated in a ministerial regulation. the health ministry`s regulation ri no 71 2013 on health services in nhi, and the conversion article 2 paragraph ( 1 ) to paragraph ( 3 ): carrier health services included all health facilities are engaged with bpjs health in the form of health facilities in the first degree and a higher level. referral health facilities according to presidential regulation no.12 2013 health minister rule number 71 2013 article 4 health service said the organizers of the government and regional government in accordance with the requirement is obliged to working with bpjs health.belonging to private health facilities can be established that fulfills the requirements of cooperation with bpjs health.the purchase of the cooperation by making a written agreement.a cooperative agreement health facilities ( faskes ) with bpjs held as part of the health leaders or proprietor of health facilities that are authorized with bpjs health. to can work together with health bpjs faskes must meet certain conditions.in addition to meet certain conditions, consideration sufficiency between the number of health facilities to the number of participants that had to be served also becomes a consideration bpjs health in conducting the contract with faskes. a. cooperation referral health facilities a. the requirements for the advanced level or the hospitals and health bpjsare: 1) the decree of the operational a seal of approval. 2) the decree of the determination of a class of the hospital. 3) tax principal number (npwp); 4) the decree of the permission of a trained health professional practicing; practices 5) networks, coordination with if necessary. 6) the statement obey the rules related to the national health insurance. 7) other than the requirements above health facilities should also be accredited. b. the rights and obligations of health facilities and bpjs health. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 1). the right health facilities at least consists of: ii. get information about membership, procedures, the payment of and the process of cooperation with health bpjs. iii. iii.accept payment of claims as the provision of services to the member by 15 ( fifteen ) days up for work since the complete document the claim is received. iv. make payments to health bpjs referral health facilities the advanced level based on the way indonesian case based groups (ina-cbg’s). 2). an obligation health facilities at least consisting upon the request from: a) provided health services to participants according to the applicable regulation. b) provided a report on this service in accordance time and of type that has been agreed upon. 3) the rights and obligations of bpjs health a). the right of bpjs health at least consisting upon the request from: 1. make or stop a contract with health facilities 2. received reports this service in accordance time and of type that has been agreed upon.i b). an obligation bpjs at least consists of: (1) create information to health facilities pertaining to membership, procedures, the payment of and the process of cooperation with bpjs health; and (2) do claim payments to the given to the member by 15 ( fifteen ) work days since the claim is received complete. document. picture explanation. kind of agreement cooperation fkrtl. in the following the rights and obligations of the parties that yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 are written in the contract of cooperation the hospitals and health bpjs. based on a contract between the hospital with health bpjs so his contract by regulating the rights and obligations in chapter 4 i.e. as follow: 1). the rights and obligations of bpjs health “notwithstanding the rights and obligations in other articles of the testament, the parties agreed to specifying the rights and obligations of each as described as follows: 1. the right of the first side (bpjs) a. get data information of human resources and infrastructure from the second side; b. service to get information about participants ( that includes seeing resumes medical and if necessary parties one can see record medical patient as in accordance with legislative regulations accompanied by the one ) that were considered necessary by the first side; c. delivering a rebuke and or a written warning to the one in terms of deviation with the implementation of the obligations of parties second in this agreement; d. review of this agreement when the one does not give the democratic response to reprimand and / or written warning which penetrated will go into the district health offices, local; association of health institutes e. to conduct an audit against the claim of that has been is payable to the second performed by the party and external aditor; f. f. obtain the guarantee of protection against security, health, and safety participants, the officials and visitors in the vicinity of the hospital the one in accordance with the provisions of the legislation. 2. the first side obligations a. providing and provided information about membership, scope, payment, health services, procedure the procedure of submission and mechanism of cooperation on claims to the second side; b. pay fee amount for the health services provided by the one to the participant not later than 15 ( fifteen ) work days since the claim is received documents complete accordance a claim submitted by based on stipulated provisions and the procedures which have been agreed by the parties; c. evaluating and an assessment of health services provided the one at regular intervals in the form of both re-credentialing performance or judgment; d. together the one, socialization the provisions and procedures related health coverage for stakeholders who were related to / other interested parties; e. keep a secret information participants who applied to the process of the claims. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 f. pay a deficiency payments to the one in terms of the occurrence of lack of pay based on the results of an audit by an auditor who has been agreed upon with the first side; g. keep the good name (reputation ) of the second side; h. to form a team to the prevention of cheating nhi in accordance with the provisions of the legislation. 2) the rights and obligations of the hospital 3. the rights of the second side: a. obtaining information about membership, scope, payment, health services, procedure the procedure of submission and mechanism of cooperation; claims; b. receive the payment of any claim on health services provided to the member by 15 ( fifteen ) days up for work since the complete document the claim is received; c. obtain information and application software ( ) related to service management information system that apply in the context of administration; governance; d. should verify the back together with the one against the claim of paid by the one in terms of alleged that there were indications the inconsistency between the incorrect claim ( billing of a claim ) or indicated by the cheating; e. receive deficiency payments from the one in terms of the occurrence of lack of pay based on the audit by the auditors. 4. the obligation of the second side: a. serving participants well according to the standard of a profession and the standard of service medicine, health procedures regulations for fkrtl and not charges an additional charge beyond determined the to participants health care benefit; b. implement and supported the health insurance program in accordance with the law; c. providing the transgressors hardware ) and data to the specifications of a communication network that had already been fixed; d. d. to provide data and information of human resources and infrastructure the one, line and the availability of information system in-patient bed good ordinary care ( common ) or special care ( intensive ) that can be accessed by the members and health facilities, and other information that includes seeing resumes ( medical and if necessary parties one can see record medical patient as in line with the law ) who were accompanied by the one; e. return excess payments to parties one if it is proven there was an excess payment on suspicion of incorrect billing ( the inconsistency between the claim of a claim ) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 or indicated by the cheating being poured onto the event in the news based on the audit by the auditors; f. provides units having functions information service and handling of complaints the insured; g. provide a guarantee protection against security, health, and safety participants, the officials and visitors in the vicinity of the hospital the one in line with the regulation of legislation; h. keep the good name of ( of reputation ) a party one; i. form a team to the prevention of cheating nhi in accordance with the provisions of the legislation. cooperation with bpjs selection fkrtl health can be described as the following. there was a director general latest yankes december 12 2018 about the commitment of a hospital for accredited; a house of ill who cooperate with the health and has not been accredited bpjs up to 31 december 2018 to write a letter of accreditation readiness commitment will carry out up to 2019. june 30the recommendation the ministry of health to cooperate with bpjs health. stages of the implementation the contract of cooperation fkrtl with bpjs there is the health of those important points: 1. the script of a standard compulsory in give guidelines by all branch offices bpjs health and fkrtl. the contents of cooperation arranged by the reference in the development of current regulations and got the acceptation of persi.. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 2. the results of credentialing / recredentialing technics criteria of an evil kind the service /, / examination sarpras ( including a bed services ), and equipment available in fkrtl cooperation be part of the deal appendix pks would be different for each the hospital. 3. accomplishing certificateaccreditation of the hospital: a. new cooperation hospital and elongation is required to have a certificate of accreditation. b. for health bpjs hospital provider that have not been accredited up to the time limit of 31 december 2018, so in accordance to the letter of the director general of the ministry of health health services ri no ym.02.02 / iii / 6133 / 2018 about the commitment of a hospital for accredited, the persistence of the contract of cooperation in 2019 at waiting recommendations from the ministry of health. 4. conformity class the hospital, now the ministry of health of the republic of indonesia are doing a review class the hospital, the results of a review will become the basis the adjustment of the contract by bpjs health with hospitals. 5. fkrtl has the same understanding for the content of the pks before signing. a. the contents of the pks socialization in advance to all fkrtl that willare working together b. managements. portraits of their level of understanding. c. commitment shared together in fkrtl management related the contents of the pks and regulations applicable regulations.. 6. to see record to guard against the medical, the implementation of see medical record programs are bpjs officers health together with the field officer fkrtl given the authority to.give priority to the principle of prudence and are forbidden to bring medical record documents out from the area fkrtl and or without the use of a photocopy / photo / documentation. 7. the same understanding related grouping space class class i, class ii, and class iii.his class so that it was agreed the grouping of variations as standard exists and is poured in the in appendix pks.. 8. acceptation and understanding fkrtl on the process the handling of incorrect claim as a standard against process common done in a legal framework a pks between two entities that involves the aspect of financial.and a source of funds for the payment of funds claim as incompatible with the mandate it is necessary to manage legal and financial and regulations.. 9. readiness and fkrtl commitment to ensure the availability of, medicine service the conformity and good medicine fornas non-fornas. reference to the prevailing regulation. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 10. against service units hemodialisa done credentialing recredentialing / separate a clause in the agreement do not have to made separate because it has accommodated by the pks. standard. 11.in the event of one the hospitals have one service units where there was more than one competence between specialization who stand in a wedge, so to attach clinical appointment signed by the director of the hospital. 12. the addition of services to the middle of the pks, then done credentialing, on the fulfillment of the requirements human resources, equipment and infrastructure as of equipment and other. technics criteria approval on increases in special service / sophisticated consider the needs and the accessibility of participants.next the production of addendum pks on increases in services to the middle ages pks. new radiotherapy, service a cooperation agreement chemotherapy, catheterize given by credentialing and also by taking into consideration the results of kc. needs analysis 13. in case there is the chief, change is obliged to notify in writing, which are then is poured in the news the event an agreement that is part cannot be separated from the pks. 14. pks fkrtl 2018 that ended in the intervening time 2019 based on a collective agreement, as the pks terminations 2018 as of december 31, 2018.was created on january 1 next 2019 then made the new testament in accordance with template pks fkrtl in 2019 at. equality of rights and obligations and a commitment to the contract of cooperation fkrtl. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 the contract of cooperation systematic of the hospitals and health bpjs in 2019 at as follows: extra cooperation shall be conducted based on article 10 are: (1) extensions of cooperation between health facilities with bpjs health after done recredentialing.. (2) credentialing as referred to in paragraph ( 1 ) are performed by the use of the technical criteria for as referred to in article 9 paragraph ( 1 ) and assess performance that is mutually agreed to. (3) recredentialing as referred to in paragraph ( 2 ) be performed no later than ( three ) months before their term cooperation over.. if there is an objection in the implementation of the credentialing or result credentialing so the hospital can submit an objection based on article ( 11 )are: (1) health facilities can submit an objection of the results of recredentialing credentialing and that is carried out by health bpjs district health offices or city.. (2) in addressing the objection raised by the by health facilities as referred to in paragraph and one shelter the head of district health offices are city can be to form a team to the completion of mind.. (3) the team as referred to in paragraph ( 2 ) consists of elements from the health agency and association of health institutes.. article ( 12 ) set about the rights and obligations of the parties are: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 (1) partnership agreement between health facilities and bpjs health contain rights and obligations both sides. (2) a right health facilities at least consists of: a. provided with information about membership, procedures, the payment of and the process of cooperation with bpjs health; and b. receive claim payments as the provision of services to the member by 15 ( fifteen ) days up for work since the document claims complete accepted. (3) the obligation health facilities at least consists of: a. provided health services to participants according to the applicable regulation; and b. provided a report on this service in accordance time and of type that has been agreed upon. (4) a right bpjs health at least consists of: a. establish and maintain or stop a contract with health; and facilities b. received reports this service in accordance time and of type that has been agreed upon. (5) obligation bpjs health at least consist of: a. provides information to the health facilities pertaining to membership, procedures, the payment of and the process of cooperation with bpjs health; and b. do claim payments to health institutes as the provision of services to the member by 15 ( fifteen ) days up for work since the complete document the claim is received. further provisions regarding the rights and obligations of governed by bpjs health. in various literature available government contract in general understood as a contract that in it the government engaged as parties and this object is procurement of goods and services.government the contract thus given you can do to protect the contract procurment. into indonesian language, government contract are those who interpret it for a covenant with the government a covenant with the lord of or a contract by which held by the government.his emphasis on the seat of government as the subject in contract ( kontraktan )3 a health as bpsj kontraktan with hospitals if it is associated with the ministry of health who making the rules in its implementation often not synchronous between who makes rules and that implemented contract.the role of the ministry of health as regulator and bpjs health as the manager of the different perception is not uncommon so as to rule made capricious all the time and sometimes the rules made applicable backward.finally the victims are the hospital so that health services to the community is to be disturbed. 3 y. sogar simamora, hukum kontrak, prinsip-prinsip kontrak pengadaan barang dan jasa pemerintah di indonesia, laksbang pressindo, surabaya, 2017. h. 42. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 the ministry of health and health bpjs equally is lower than the president, it is a rare second this organ differed ideology in the implementation of the duties and authorities of each, should be quite with one the organization in order to synchronous between rule made with the implementation.the effect coordination between the ministry of health and health bpjs not good enough.weakness coordination between the two institutions and that raises different perceptions in run synchronize. operational rules 4. conclusion characteristic of the contract of cooperation between bpjs health with hospitals is the contract of public, so that the contents of the contract is what i instruct you tie these two sides.as long as the complexity of the hospital care make a rather complex and difficult negotiated by the hospital when the fine print. pre-contract and it is time for the walk contract always of the nature of a monopoly parties bpjs health are more dominant.and household characteristics sick with another.and yet the reason uniformity contract the hospital across indonesia the contents of an agreement at the same.it is pretty obvious that a lot of difference basic in the perspective of the project, human resources and different working capital. the principle of proportional meaningful his exchange that provide the basis or form the basis of the rights and obligations of the parties in accordance proportion or its part of the whole process of contractual arrangement.the principle of proportionality presupposes the division of the rights and obligations of manifested in the whole process of contractual arrangement, good at phase pre-contractual, the formation of a contract and the implementation of the contract ( pre-contractual, contractual, post contractual.the principle of proportional transcendental the context of its relations and the interests of the parties ( maintain the sustainability of the relations that take place conducive and fair ). legal protection for hospitals there are for example through a contract that has been signed with a signature that is be law enforcement for both sides, but because there is no balance in contract.if it can bpjs health of reneging on its promises to be terminated contract.but the termination of the contract will result in a loss for the hospitals itself.it is supposed to have a third party are can assist the completion of these problems or it can balance in the rights and obligations of both sides. councel 1. in making a contract between bpjs health with hospitals supposed to exist the agreement that flexible synchronize. fit condition of proportionality in contract important to realize the manifestation of justice contract. supposed to exist an outside body like the case of the contract employees can be transferred to the company or hospitals there are bipartite who mediates so that the rights and obligations of in equal proportions between the two yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 sides.between bpjs health and hospital through association of health institutes which is the association of the hospital association ( persi ) negotiate directly with health bpjs. 2. make format / draft a contract governing the rights and duties are balanced between the two sides.public contract between bpjs health and a hospital was regulations or to the rules that is run is not private contract. so that the role of persi are needed the most.to get the protection of the law for the hospitals. references asnawi,natsir m., (2017). aspek hukum janji prakontrak, telaah dalam kerangka pembaruan hukum kontrak di indonesia, cetakan pertama, uii press, yogyakarta. burgerlijk wetboekkitab undang-undang hukum perdata, permata press, 2010. undang-undang republik indonesia no 40 tahun 2004 tentang sistem jaminan sosial nasional, lembaran negara nomor 150, tambahan lembaran negara nomor 4456 . undang-undang republik indonesia nomor 36 tahun 2009 tentang kesehatan, lembar negara tahun 2009 nomor 144, tambahan lembaran negara nomor 5063. undang-undang republik indonesia nomor 44 tahun 2009 tentang rumah sakit, lembaran negara tahun 2009 nomor 153, tambahan lembaran negara nomor 5072. undang-undang republik indonesia nomor 24 tahun 2011 tentang badan penyelenggara jaminan sosial, lembaran negara tahun 2011 nomor 116, tambahan lembaran negara nomor 5256. peraturan pemerintah republik indonesia nomor 101 tahun 2012 tentang penerima bantuan iuran jaminan kesehatan, lembaran negara tahun 2012 nomor 264, tambahan lembaran negara nomor 5372. peraturan presiden republik indonesia nomor 72 tahun 2012 tentang sistem kesehatan nasional, lembaran negara tahun 2012 nomor 193. peraturan presiden republik indonesia nomor 12 tahun 2013 tentang jaminan kesehatan, lembaran negara tahun 2013 nomor 29. peraturan presiden republik indonesia nomor 111 tahun 2013 tentang perubahan atas peraturan presiden nomor 12 tahun 2013 tentang jaminan kesehatan, lembaran negara tahun 2013 nomor 255. peraturan menteri kesehatan republik indonesia nomor 71 tahun 2013 tentang pelayanan kesehatan pada jaminan kesehatan nasional, berita negara tahun 2013 nomor 1400. peraturan menteri kesehatan republik indonesia nomor 28 tahun 2014 tentang pedoman pelaksanaan program jaminan kesehatan nasional, berita negara tahun 2014 nomor 874. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 jurnal wacana hukum dan sains, 14(1), 58–73. marzuki, peter mahmud, (2005). penelitian hukum, kencana prenada media grup, jakarta. y. sogar simamora,(2017). hukum kontrak , prinsip-prinsip hukum kontrak pengadaan barang dan jasa pemerintah di indonesia. laksbang pressindo, surabaya. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 legal protection of our guarantee object owners after low limit value fatimah zahra1, habib adjie2 faculty of law, narotama university surabaya e-mail: fatimahzahrabaabud@gmail.com abstract writing of this journal aims to be able to know, analyze and understand about legal protection to the owner of the collateral object for the implementation of the auction with a low limit value. the legal analysis in this journal is focused on being able to find out the protection and legal remedies that can be carried out by the debtor or the owner of the collateral object if the determination of the results of the auction is conducted with a limit value too low than the market value so that it can be used as consideration in analyzing that there is an act against the law . based on the research it can be seen that the low limit value can be one of the elements of the cancellation of the auction because of consideration of the actions that have been regulated by the legislation that can cause losses, errors, if it is done in accordance with the seller so that it can cause harm to other party. the injured party is the debtor or the owner of the collateral object. therefore, the determination of auction results below the limit value can be one of the reasons for canceling the auction so that it can protect the owner of the collateral object from loss. keywords: legal protection, auction, limit value 1. introduction the background of writing this journal is because there is still a lot of public misunderstanding about the auction, where some debtors feel that if the collateral object will be auctioned raises its own fear of either losing its collateral or the results of the auction not in accordance with the value of the price of the guarantee (roesli, heri, & rahayu, 2017). as an effort to provide an understanding of the implementation of the auction, the existence of this research discusses legal protection and legal remedies if the auction results do not match the price of the object value of the guarantee. for the first understanding that the civil law itself uses four books, the first book is related to people, book two is related to material, book three is related to engagement, and book four is related to proof and maturity. in this thesis the writer wants to discuss about the third book namely the engagement, where in the engagement book in article 1313 of the civil code there are also rules regarding the agreement. the agreement itself consists of several types, one of which is the credit agreement. the credit agreement itself today is familiar because with the development of the times more and more human needs must be met. credit itself according to some people is a solution to be able to increase its business in order to compete. the credit agreement itself is usually carried out by banks. banks in addition to collecting public funds, also provide credit services, usually banks in the provision of credit in the form of one of its business capital loans which are intended for yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 someone or business entity that wants to develop his business, but the debtor must provide collateral. collateral or commonly referred to as collateral, consists of 2 types, the first collateral and the second collateral is an individual or commonly referred to as bortogcht. these material guarantees are usually like collateral rights such as houses and land, while individual guarantees are the existence of a guarantor or a third party who will be the guarantor for the debtor. material agreement with collateral in the form of a house using mortgage rights to the creditor of the debtor. underwriting right is explained as a security right attached to land ownership according to article 1 paragraph one of the mortgage right as explained again in the agrarian basic rule, which is to follow or not follow different material that is still on the ground, in order to pay off the related debt. if the debtor defaults at the beginning or violates the agreement to repay the debt even though it has gone through several stages such as warning reprimands and so forth, then there is still the power of execution of the mortgage certificate for the guarantee by the creditor, because fundamentally there is a principle of justice based on almighty god, by because it can be based on article 20 paragraph 1 letter b of the mortgage right so that public tender can be conducted. according to article 6 the mortgage rights law is also clarified if a default occurs then the holder has the right to auction and receive money to pay off debtors from the auction obtained, in this case the mortgage rights holder can request the auction to the auction office directly or by using the services of a private auction center so that the auction the object of the mortgage can be implemented. regarding the auction, it has been regulated in theauction rules vendu reglement on february 28, 1908 staatsblad 1908 number 189 which is a legacy of the netherlands and started on april 1, 1908. so along with its development indonesia issued a separate regulation regarding the auction namely a permen no. 27 / pmk.06 / 2016 regarding the guidelines for conducting auctions, which explains that:( rachmadi usman, 2016) 1 "auction is an act of selling with an open system with price information in writing or verbally whose price rises or falls to reach the highest price through the previous announcement and applies general. "auction as a general sale, where the intended general sale itself is a measuring tool for making agreements or agreements that can provide the greatest benefit for the seller through gathering people who ask. and the main requirements of the auction are to gather as many interested people as possible so that the sale and purchase agreement can be implemented (rochmat soemitro,rusdianto sesung et al, 2017). 2 1rachmadi usman, 2016, auction law, sinar grafika, jakarta, p. 21. 2 rochmat soemitro, in rusdianto sesung et al, 2017, law & politics of legal position of notary public, rade.rozarie, surabaya, p. 74. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 in article 1 paragraph 1 of the bidding regulation, the meaning of auction is the activity of selling goods to the public openly 3 through verbal or written price offerings. can be higher or lower so that the highest price can be reached, which is first carried out information on the implementation of the auction 4. the auction conducted will be led by an auction official, in which case the activity will be carried out in front of the auction officer, the price agreed in advance will be determined by the auction official so the seller's limit price can be obtained and determined, therefore an intermediary is used, namely the auction official in the auction and not by the seller directly. 5 for the implementation of the auction itself, especially for auction execution, there is usually the potential for very high lawsuits, this is because the collateral owner does not accept because his house is auctioned even though the true collateral owner as the debtor has defaulted to the creditor with a default payment which should be paid in accordance with the payment due date. because usually this is done not with the desire to have the object and sometimes some other parties are involved in the object and do not want to do it by auction. for those who feel disadvantaged, their interests can submit a lawsuit to the court, so that they can fight for their rights related to the object being auctioned because sometimes the price is very significantly different because it is determined by the auctioneer who often limits the value is too low than the market price. losses for the owner of the collateral object. based on the above background, there are interesting normative legal issues to be analyzed, namely legal protection for the owner of the collateral object under the mortgage rights law at the auction, as well as legal remedies that can be carried out by the collateral object owner auctioned with a low limit value. 2. research methods type of research used is normative which emphasizes more on legal norms by analyzing relevant legislation. this study uses two methods of problem approach namely statute approach by examining the relevant laws and regulations, and conceptual approach by conceptual approach from the views and doctrines of law. problem formulation based on the preliminary description above, the formulation of the problem is as follows: 1. legal protection of guaranteed object owners under the mortgage rights act on bidding 2. legal measures that can be done by the owner of collateral objects auctioned with limit value low 3m. yahya harahap, ibid. 4ibid. 5ibid, hlm. 75. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 3. discussion legal protection of owners of guaranteed objects under the underwriting law in the implementation of auction in order to become an object of underwriting guarantee, the land rights must be able to fulfill two conditions, namely the first land rights can be transferred and have a sale value because this is necessary if the debtor fails to promise the creditor can carry out the execution by means of the second auction is the right to land must be in accordance with applicable provisions and registered or has been registered at the land office so that it has a valid certificate (herowati poesoko, 2012). 6 if the debtor fails the promise then the collateral object can be executed by conducting an auction, the auction procedure itself is a series of actions carried out before the auction is carried out, when the auction is carried out, and after the auction is carried out. what is needed in the auction procedure is the auction request, auction time and place, auction announcement, security deposit, bidding and payment of auction price, auction fee and deposit(purnama tioria sianturi, 2013) 7. and the important thing in conducting an auction is the determination of the limit value. limit value is the minimum price of goods to be set by the seller. the purpose in determining the value of this limit is as a minimum value when the auction sale is intended to set the lowest price limit8. the form of legal protection provided to debtors has existed since the beginning of the loan agreement with collateral, which is where an assessment of the object of mortgage guarantee is required. which will be used. namely according to article 46 paragraph 1 letter b of bank indonesia regulation number 14/15 / pbi / 2012 concerning assessment of commercial bank asset quality that the meaning of assessment is a written statement from the bank's independent appraisers of the estimates and opinions on the economic value of the collateral based on an analysis of the facts objective and relevant facts according to the applicable methods and principles stipulated by the association and or authorized agency. legal protection for debtors which furthermore is the possibility to make partial roya in article 2 paragraph 2 of the uuht, namely as a deviation from the characteristics of the mortgage right which cannot be divided into article 2 paragraph 1 of the uuht. mortgage rights cannot be divided, so that even if an owner is given the authority to encumber his property with other material rights which are limited in nature, the imposition can only be imposed on the entire 6 herowati poesoko, 2012, legal dynamics of the parate executie object of mortgage rights, aswaja pressindo, yogyakarta, p.35. 7 purnama tioria sianturi, 2013,immovable legal protection of buyers of guaranteedgoods through auction, mandar maju, bandung, p. 84 8 ibid, hlm. 147. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 material that belongs to him(kartini muljadi gunawan widjaja, 2005)9. this principle cannot be divided if applied in advance by the parties, and the protection of the debtor's object is also explained in article 12 which explains that the promise that gives the authority to the mortgage right holder to have the object of the mortgage right if the debtor is broken the promise is canceled for the sake of law. elucidation of article 12 of the uuht namely this provision is held in order to protect the interests of debtors and mortgage holders, especially if the value of the mortgage rights object exceeds the amount of the guaranteed debt, the holders of mortgage rights are prohibited from automatically becoming the object of the mortgage right because the debtor is in default. however it is not prohibited for the bearer of mortgage rights to become the purchaser of the original mortgage right object through the procedures set forth in article 20 of the uuht. legal protection for debtors, which furthermore is in the auction of the execution of mortgage rights in the event that the creditor submits an auction request, then the auction office must first be obliged to inform the debtor about the lali's request from the creditor. this is so that the debtor knows that the object of the mortgage has been registered at the office auction. then before the auction was held, it was explained in article 44 of the pmk concerning bidding guidelines, namely that creditors must announce in daily newspapers. this is done in order to provide protection for the debtor because in the auction the execution of the announcement is an effective way so that many people know that an auction will be held against the object of the debtor's property, so that more and more bidders participate in the auction. then related to the number of bidders that is related to the nature of the auction that is open to the public, so the auction can be followed by anyone because it is expected to be open to the public more bidders so that it will be affected by tight price competition to reach the highest price on auction object. legal protection for the debtor, which furthermore concerns the establishment of the limit value, as explained earlier that the limit value is the lowest price of the goods to be auctioned determined by the seller, the limit value that has been determined by the creditor must be contained in the announcement of the auction, loading the price of the limit value in order to limit the price irregularities that might occur during the auction. then the legal protection of the debtor in the final execution of mortgage rights auction is regarding the remainder of the proceeds of the auction sale, i.e. after the auction price is paid by the buyer of the auction object, the auction hall will provide net auction results to the creditor as the seller, but if the auction results are greater of the debtor's debt, then the creditor must return the remaining sales at auction to the debtor. what is clarified in article 6 of the uuht is that the remainder of the proceeds of the sale remains the right of the mortgage right. 9 kartini muljadi gunawan widjaja, 2005, series of assets law: mortgage rights, kencana, jakarta, p. 160. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 legal remedies that can be done by the owner of objects guaranteed for conducting auction under limit value legal remedy is an attempt made by interested parties in order to obtain a fair decision(victor m. situmorang, 1994)10. legal remedies are business steps that can be carried out by unsatisfied parties against the judge's decision(man s.sastrawidjaja, 2006)11 . as well as legal efforts can be done so that those who suffer from rights impaired by the existence of an auction sale and auction conducted through the auction office can defend their rights or interests by submitting a lawsuit to the court in the hope that the court can provide legal solutions to the problems faced(munir fuady, 2013)12. legal remedies are efforts given by the legislation for a person or legal entity which for certain things such as efforts to fight the judge's decision as a place for parties who feel unfair about the decision, because the judge is also an ordinary person who can be wrong or err. legal remedies can be undertaken by plaintiffs are persons or legal entities whose interests feel disadvantaged over the implementation of the auction, namely: the related debtor because the auction price is too low, the auction is conducted prior to the maturity of the credit agreement, improper auction procedures, for the party thirdly as the owner of the collateral object either directly involved in the loan agreement or purely as the guarantor of the debt the problem is almost the same as the debtor ie the auction price is too low. and if related to heirs, there are problems with inheritance of collateral objects, the process of illegitimate guarantee, related to the issue of shared assets, as for the defendant, usually the bank is the creditor, auction office, auction buyer, and other related parties. in many cases it is usually the conduct of a tender which becomes a petitum or lawsuit related to acts against the law (pmh). based on article 1365 the civil code explains that every act that causes harm to others, requires the guilty person who caused the loss to compensate for the loss, and based on that article an act is classified as unlawful if it fulfills four elements namely the first act must be against the law, the second act must cause harm, thirdly the act must be done with error, fourth between the act and the loss that arises there must be a causal relationship. legal remedies carried out through the auction office if they feel aggrieved can defend their rights or interests by submitting a lawsuit to the court in the hope that the court can provide a solution to the problem. usually a court decision, whether first instance or appeal or cassation level, is related to illegal acts in a broad sense, namely because it violates the right of the owner of 10victor m. situmorang, 1994, introduction to bankruptcy law in indonesia, rinaka cipta, jakarta, p. 104. 11man s.sastrawidjaja, 2006,law bankruptcyand postponement of debt payment obligations, alumni, bandung, p. 32. 12 munir fuady, 2013, acts against law-contemporary approaches, citra aditya bakti, bandung, pg. 10 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 the goods at an unreasonable auction price, the price is too low so that it conflicts with propriety because the seller's obligation is to be able to optimize the auction price thus it is contrary to propriety. and in one of the judges' decisions, namely with the consideration of judges who stated that if the price related to the auction is too low or below the market price, it can be classified as illegal. 5. conclusion legal protection that can be obtained for the owner of the collateral object or debtor is an assessment of the collateral object at the beginning of the credit agreement, the possibility to do partial roya , a ban on creditors to arbitrarily own the object because the debtor defaults and the obligation for the auction office to inform prior to the debtor regarding the auction request made by the creditor, the nature of the auction must be open to the public, and the determination of the limit value must be based on the fair value of the market price made by the appraiser and if there is residual results of the auction then it is the right of the debtor. legal remedies that can be carried out for parties such as debtors or owners of collateral objects who feel their rights have been impaired against the implementation of auction results conducted by the auction office so that the way to be able to defend their rights is by filing a lawsuit in the local court is expected so that court efforts can provide legal settlement which is being faced by the parties, like most problems that occur because of the low limit value that is included in the act against the law because it does not provide justice for the debtor or the owner of the collateral object. references herowati poesoko. (2012). legal dynamics of the parate executie object of mortgage rights, aswaja pressindo, yogyakarta, p.35. ibid. ibid, p. 75. ibid, p. 147. kartini muljadi gunawan widjaja.(2005). series of assets law: mortgage rights, kencana, jakarta, p. 160. m. yahya harahap, ibid. man s.sastrawidjaja. (2006). law bankruptcyand postponement of debt payment obligations, alumni, bandung, p. 32. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 munir fuady. (2013). acts against law-contemporary approaches, citra aditya bakti, bandung, pg. 10 purnama tioria sianturi. (2013). immovable legal protection of buyers of guaranteedgoods through auction, mandar maju, bandung, p. 84 rachmadi usman.(2016). auction law, sinar grafika, jakarta, p. 21. rochmat soemitro, in rusdianto sesung et al. (2017). law & politics of legal position of notary public, rade.rozarie, surabaya, p. 74. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. victor m. situmorang, 1994, introduction to bankruptcy law in indonesia, rinaka cipta, jakarta, p. 104.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 135 juridical analysis among special confiscation at the criminal procedure code and general confiscation in bankruptcy law adhi setyo prabowo faculty of law,university airlangga surabaya email: adhisetyo84@gmail.com abstract bankruptcy means all matters relating to bankruptcy. since the opinion of bankruptcy towards the debtor must go through a litigation process through the examination phase, everything related to the bankruptcy event is called bankruptcy. according to m. hadi shubhan, bankruptcy is a place where debtors are unable to make payments on creditors' debts. the management and empowerment of bankrupt assets are carried out by the curator under the supervision of a supervising judge with the main objective of the proceeds of the sale being to pay all debtor debt expenses proportionally and in accordance with the creditor structure. the curator is not the owner of bankruptcy property. curators can only rely on creditors and debtors who meet the requirements and tidy up bankrupt assets for the benefit of creditors. criminal law and civil law are two laws that often intersect or intersect, including in the bankruptcy compilation law the confiscation of assets belonging to the debtor. in carrying out their duties, curators are often confronted by police investigators or prosecutors compiling with confiscation of freedom over the portion of debtor's bankrupt assets. conflicts between the interests of the police and the attorney general's office to carry out responsibility for the interests of the curator to conduct general confiscation of bankruptcy still frequently occur in the field. article 39 paragraph (1) and paragraph (2) of the criminal procedure code seized by investigators including objects that are in confiscation due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of cases necessary. article 39 paragraph (2) of the criminal procedure code gives the investigator legitimacy for confiscation of objects that have exceeded the general bankruptcy confiscation, as referred to in article 39 paragraph (2) of the criminal procedure code in conflict with article 31 paragraph (2) shall be made void and if requested by the supervising judge have to ask for a strike. this second article discusses clashes and difficulties in their application. one of the cases discussed was about general confiscation which was then confiscated by murder. article 31 paragraph (2) of this uuk only covers in the realm of civil law and in accordance with the bankruptcy research event can be confiscated because of bankruptcy due to the pronouncement of bankruptcy by the judge, then all confiscation of bankrupt assets becomes invalid again. article 39 paragraph (2) of the criminal code states that objects in a bankruptcy case can be confiscated by investigators for the purpose of investigating, prosecuting and prosecuting court cases, therefore confiscation in legal proceedings must take precedence. keyword: bankruptcy, general confiscation, criminal confiscation. 1. introduction bankruptcy is an event that can happen to anyone, ranging from individuals and legal entities (legal entities). bankruptcy also does not recognize the term rich or poor. in the practice of life we find that a millionaire or multinational company can also experience bankruptcy or bankruptcy. charles j. tabb states that: "bankruptcy has become a central feature in society, touching the lives of almost everyone." bankruptcy has become an inseparable part of society, touching the lives of almost everyone. therefore, in accordance with adagium ibi ius, ibi society,  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 136 bankruptcy law is actually applied to all legal subjects, namely individuals and legal entities. but unlike other legal sciences, such as criminal or civil law, bankruptcy law is classified as a unique and very complex law. this uniqueness is created because the modern bankruptcy law that we know today is the result of legal convergence of various legal systems in the world.1 the main source of the indonesian banking law was the dutch bankruptcy law, enacted on september 30, 1893. the basic concept of bankruptcy as set forth in the faillisementsverordening, staatsblad 1905-217 jo. staatsblad 1906-348, later in 1997 with the advent of indonesia's monetary crisis, came to the fore to develop a process of bankruptcy by improving legislation in the field of banking, as it was later changed to the government of the government of the year (no. 1) 1998 of the bankruptcy law amendment, which in its course was later enacted under law no. 4 of 1998 (uuk). therefore it is not exaggerated to say that the law no. 4 of 1998 was a duplication of the dutch bankruptcy law which was based on the principle of "concordance" promulgated and declared effective in the dutch east indies in 1906. later, with various constraints in its implementation, the modern banking law (yustianti & roesli, 2018), a national government product, was created to respond to the needs and development of community law, as set out in the noomor law 37 of 2004 on the current bankruptcy and suspension of debt payment, in lieu of law no. 4 of 1998.2 in french, faillite means strike or traffic jam in making payments. whereas in english the term "to fail" is used and in latin the term "faillire" is used. in the dutch language the term "failliet" is used. whereas in the anglo america law, the bankcruptcy act is known. bankruptcy means all matters related to bankruptcy. since the statement of bankruptcy to the debtor must go through a court process through phases of investigation, everything related to bankruptcy is called bankruptcy.3 according to m. hadi shubhan, bankruptcy is a condition when the debtor is unable to make payments on the creditors' debts. this state of being unable to pay is due to the financial condition of the debtor (financial distress) and the debtor's business has declined. whereas bankruptcy, according to m. hadi shubhan, is a court decision which results in the general confiscation of the assets of both existing and future bankruptcy debtors. the management and settlement of bankrupt assets are carried out by the curator under the supervision of a supervising 1 elyta ras ginting, hukum kepailitan teori kepailitan, sinar grafika, jakarta, 2018, h.1. 2 susanti adi nugroho, hukum kepailitan di indonesia dalam teori dan praktik serta penerapan hukumnya, prenadamedia group, jakarta, 2018, h. 1. 3 serlika aprita, hukum kepailitan dan penundaan kewajiban pembayaran utang (perspektif teori), setara press, malang, 2018, h. 1.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 137 judge with the main objective of the sale being to pay all debtors' debts proportionately and in accordance with the creditor structure.4 insolvency or being unable to pay indicates that the debtor has been unable to manage his assets and business. this principle is actually a legacy from the negative stigma of bankruptcy that prevailed in ancient times, where the act of not paying debts is considered a despicable act and classified as a crime against property. general confiscation of bankrupt debtor assets is taken as the first step to secure bankrupt assets so that they are not transferred by the debtor to other parties or taken by other creditors.5 in the bankruptcy and pkpu law, the principle of general confiscation of debtor assets has two dual functions namely, on the one hand it freezes the debtor's power over his property and the second function freezes the creditor's right to execute the debtor's property directly after the debtor is declared bankrupt by imposing automatic stays on parate execution rights separatist creditor. levinthal sees bankruptcy as a general objective of the bankruptcy law, which is to protect creditors from debtors and other creditors.6 the debitor loses his right to take care of his property does not cause the debtor to lose the property. the two authorities must be distinguished. the debtor is still positioned as the owner based on the creditor's trust until the asset is converted into a sum of money to pay the creditors' debts. this is because, only bankrupt debtor assets that can be subject to public confiscation and can be earmarked to pay all debts. placing the debtor under the control of the curator does not result in the transfer of the rights to the debtor's bankrupt property to the curator. the curator is not the owner of bankruptcy property. the curator only supports the interests of creditors and debtors who are tasked with managing and clearing bankrupt assets for the benefit of creditors. that is why the bankruptcy and pkpu law regulates strictly the consequences of bankruptcy for debtors who are married with a mixture of assets with debtors who are married with a marriage agreement.7 criminal law and civil law are two laws that often intersect or intersect, including the case of bankruptcy law when a debtor's asset is confiscated. in carrying out their duties, curators are often confronted by police or prosecutor investigators when dealing with criminal confiscation of part of the debtor's bankrupt assets. conflicts between the interests of the police and the attorney general's office to carry out criminal confiscation and the interests of curators to conduct general confiscation of bankruptcy are still common in the field. 4 ibid, h. 2. 5 elyta ras ginting, elyta ras ginting, hukum kepailitan teori kepailitan, sinar grafika, jakarta, 2018, h. 63. 6 ibid., h. 63. 7 ibid., h. 63.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 138 public confiscation is a form of confiscation known in the civil law regime, especially private bankruptcy law. in public law in this case the criminal law also recognizes confiscation which in the criminal procedure code (kuhap) is called confiscation which in dutch is known as "inbesilagneming". confiscation in the criminal procedure code is regulated separately in two places, most of which are regulated in chapter v, the fourth part of article 38 to article 46 of the criminal procedure code and a small portion is regulated in chapter xiv. confiscation in article 1 number 16 is defined as a series of investigative actions to take over and or keep under his control movable or immovable, tangible or intangible objects for the purpose of proof in investigation, prosecution and trial. confiscation is an act of "forced effort" carried out by investigators containing insults and rape and is contrary to the values of human rights, but on the other hand for the public interest in resolving criminal cases, the law specifically exempts confiscation. since confiscation is a form of "forced effort" that may conflict with human rights, confiscation carried out by investigators must be based on the permission of the chairperson of the district court chair as regulated in article 38 paragraph (1) of the criminal procedure code, in paragraph (2) mentions in circumstances which it is very necessary and urgent that the investigator must act and it is not possible to obtain a permit first, the criminal procedure code provides an exception. article 39 paragraph (1) and paragraph (2) of the criminal procedure code regulates objects that can be confiscated by investigators including objects that are in confiscation due to civil cases or because of bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of criminal cases. article 39 paragraph (2) of the criminal procedure code gives the investigator legitimacy to confiscate objects that have been confiscated under general bankruptcy, the existence of article 39 paragraph (2) of the criminal procedure code conflicts with article 31 paragraph (2) uuk-pkpu which states that all confiscations that have been confiscated made to be deleted and if needed the supervisor judge must order deletion. both of these articles create conflicts and problems in their application. one case related to general confiscation which was later confiscated criminal. as a result, there are two confiscations on one item whereas article 436 rv regulates that goods that have been confiscated cannot be confiscated for the second time. this confirms that it is not possible to place a general bankruptcy and criminal confiscation at the same time. with the clash between public confiscation and criminal confiscation, the resulting legal uncertainty arises, so that the creation of legal certainty must be determined how the actual position of the confiscation of the general confiscation of bankruptcy.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 139 general confiscation (gerechtelijk beslag) at the criminal procedure code bankruptcy is a condition where the debtor is unable to make payments on the debts of his creditors. the situation of being unable to pay is usually caused by financial distress from the debtor's business that has suffered a setback.8 whereas bankruptcy is a court decision which results in general confiscation of the entire assets of bankrupt debtors, both existing and future ones. the management and settlement of bankrupt assets shall be carried out by the curator under the supervision of a supervising judge with the main purpose of using the proceeds of the sale of these assets to repay all bankrupt debts in proportion and in accordance with the creditor structure.9 confiscation comes from the terminology beslag (dutch), and the indonesian term is beslah but the default term is confiscation or confiscation. the economic law dictionary gives the meaning of confiscation as safekeeping of disputed goods to a third party, appointed by the parties to the dispute or by the court. the third party is obliged to submit the disputed goods to the party declared entitled after a court decision.10 m. yahya harahap's own definition of seizure is 1) the act of forcing the defendant's property into custody (to take into custody the property of a defendant); 2) the forcible action of the custody shall be made by official or judicial order; 3) the goods placed in such custody, in the form of disputed goods, but may also be the goods to be used as a means of payment or settlement of the debtor or defendant, by way of sale of the executorial verkoop of the confiscated goods; and 4) determination and custody of confiscated goods, during the course of the investigation, until a court of law has established a valid authority, declaring whether or not the seizure is valid.11 whereas in the case of wildan suyuthi, sita (beslag) is the legal action of the court on the motion of the defendant or the motion of the defendant on the application of the plaintiff to be monitored or taken to ensure that plaintiff's claim / plaintiff's authority does not become void. in another sense, it is said that the seizure of or possession of property (property of another person's power) is done on the basis of the decree and order of the chairman of the court or the chairman of the assembly.12 8 hadi shubhan, hukum kepailitan: prinsip, norma, dan praktik di peradilan, ctk. kedua, kencana prenadamedia group, jakarta, 2008, h. 163-164 9 ibid. 10 sri rejeki hartono, et. all, kamus hukum ekonomi, ghalia indonesia, bogor, 2010, hlm. 169. 11 m. yahya harahap, pembahasan permasalahan dan penerapan kuhap (penyidikan dan penuntutan), edisi kedua, pt sinar grafika, jakarta, 2012, h. 265. 12 wildan suyuthi, sita eksekusi: praktek kejurusitaan pengadilan, pt tatanusa, jakarta, 2004, h. 20.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 140 article 21 the uuk expressly states that bankruptcy covers the entire debtor's wealth at the time the bankruptcy statement is pronounced as well as everything acquired during bankruptcy. hadi shubhan said the fact of the general confiscation of the debtor's property was that the purpose of the bankruptcy was to stop the action against the bankruptcy trustee by his creditors and to stop the transaction of bankruptcy by the debtor which is likely to harm his creditors.13 article 242 of the uuk-pkpu clearly states that all confiscations that have been placed fall and in the event that the debtor is held hostage, the debtor must be released immediately after the verdict is announced postponing the obligation to pay the fixed debt or after the decision of ratification of peace receives permanent legal force, and at the request of the management or the supervising judge , if it is still needed, the court is obliged to lift the confiscation that has been placed on the object which is included as debtor's property. so in taking the conclusion that a general seizure can raise another special seizure if the debtor's assets are declared bankrupt when declared. criminal confiscation at the criminal procedure code (kuhap) the most important issue in any criminal process is proof, because from the answer to this problem the accused will be found guilty or acquitted. for the purposes of this verification, the presence of objects involved in criminal offenses is necessary. the objects intended are commonly known as evidence or corpus delicti, which is evidence of crime. the evidence has a very important role in criminal proceedings. evidence that is not an object, evidence or offense but can also be used as evidence as long as the evidence has a direct relationship with a criminal offense, for example the money used by the victim when he committed a crime of corruption can be used as evidence. speaking of evidence, of course, previously discussed confiscation, because in order to obtain evidence, the investigator is required to confiscate. evidence confiscated by the investigator was confiscated. according to the criminal procedure code confiscation is a series of investigative actions to take over or keep under his control movable or immovable, tangible or intangible objects, for the purpose of proving in investigations, prosecutions and trials.14 from the above definition it can be concluded: 1) confiscation includes the investigation stage because it is said to be a series of investigative actions for evidence in criminal proceedings; 2) confiscation is a takeover of storage under the authority of the investigator of an object 13 hadi shubhan, op. cit., h. 163-164. 14 pasal 1 butir 16 kuhap  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 141 belonging to someone else; 3) confiscated objects are moving and immovable, tangible and intangible objects; and 4) confiscation is for the purpose of proof. here there is a real shortage of confiscation that should be done not only for pieces of evidence, but also for objects that can be confiscated.15 the purpose of confiscation is for evidentiary purposes, primarily intended as evidence before a court hearing. most likely without evidence, the case cannot be brought before a court hearing. therefore, in order for a case to be complete with evidence, the investigator conducts a foreclosure act to be used as evidence in the investigation, at the level of prosecution and the level of court hearing examination.16 according to the provisions stipulated in article 38 of the criminal procedure code, confiscation can only be carried out by an investigator after a license is issued by the chair of the district court. in accordance with this provision, the investigator must first submit a letter of request for confiscation before the district court before investigating the foreclosure. confiscation can be carried out at every level of the examination process, this is guided by article 39 paragraph (2) of the criminal procedure code, which enforces confiscation including investigation, prosecution and examination of court proceedings. according to article 39 paragraph (2) of the criminal procedure code, confiscation in the criminal proceedings, includes confiscation of goods that have been confiscated beslag in the confiscation of civil cases and confiscation of goods that are in "confiscation" or bankruptcy. according to article 39 paragraph (2) of the criminal procedure code, for the purpose of investigating criminal matters, items confiscated in civil and criminal matters may be confiscated in criminal cases. accordingly, it is seen in the context of the seizure that the seizure is for the purpose of examination, as stipulated in article 39 paragraph (2) of the code. 2. discussion position of general confiscation and special confiscation the meaning of confiscation as regulated in article 31 paragraph (2) of the law on whether the foreclosure covers civil and criminal domains. the purpose of the discussion is in the context of finding clarity of all confiscations referred to in article 31 paragraph (2) of the law, which has so far caused a conflict between civil law in the sense of bankruptcy law and criminal law. furthermore, the discussion focuses on the ideal idea of the position of confiscated criminal 15 andi hamzah, pengusutan perkara melalui saranan teknik dan sarana hukum, ghalia indonesia, jakarta, 1986, hlm. 121. 16 ibid.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 142 charges against public confiscation in bankruptcy assets. the purpose of the discussion is to find the most ideal "middle ground" for the conflicting confiscation of crime based on the provisions of 39 paragraph (2) of the criminal procedure code with article 31 paragraph (2) of the law before examining the meaning of confiscation as regulated in article 31 paragraph (2) of the law, whether it includes confiscation in the civil and criminal domain, it is necessary to review civil confiscation and criminal confiscation first. confiscation comes from the terminology beslag (dutch), 139 and the indonesian term is beslah but the default term is confiscation or confiscation. the economic law dictionary gives the meaning of confiscation as safekeeping of disputed goods to a third party, appointed by the parties to the dispute or by the court. the third party is obliged to submit the disputed goods to the party declared entitled after a court decision.17 on the other hand, criminal confiscation according to the criminal procedure code is a series of acts of investigators to take over or keep under his control movable or immovable, tangible or intangible objects, for the purpose of proof in investigations, prosecutions and trials. the purpose of confiscation is for evidentiary purposes, primarily intended as evidence before a court hearing. most likely without evidence, the case cannot be brought before a court hearing. therefore, in order for a case to be complete with evidence, the investigator conducts a foreclosure act to be used as evidence in the investigation, at the level of prosecution and the level of court hearing examination.18 so for the purpose of this evidence, the presence of objects that are involved in a crime is very necessary. the objects intended are commonly known as evidence or corpus delicti, which is evidence of crime. the evidence has a very important role in criminal proceedings.19 based on the theory of civil confiscation and criminal confiscation above, it is also necessary to examine the general confiscation within the framework of bankruptcy. bankruptcy is a condition where the debtor is unable to make payments on the debts of his creditors. the situation of being unable to pay is usually caused by financial distress from the debtor's business that has suffered a setback. whereas bankruptcy is a court decision which results in general confiscation of the entire assets of bankrupt debtors, both existing and future ones. the management and settlement of bankrupt assets shall be carried out by the curator under the supervision of a supervising judge with the main purpose of using the proceeds of the sale of these assets to repay all bankrupt debts in proportion and in accordance with the creditor structure.20 17 sri rejeki hartono, et.al, loc. cit. 18 ibid. 19 ratna nurul afiah, loc. cit. 20 ibid.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 143 referring to the provisions of article 31 paragraph (2) of the law on manpower which stipulates that: (1) decisions of the bankruptcy statement result that all judgments regarding the implementation of the court of any part of the debtor's wealth that began before the bankruptcy, must be stopped immediately and since then no decision can be made carried out including or also holding the debtor hostage. (2) all confiscations that have been made will be deleted and if necessary a supervisory judge must order the deletion. (3) without prejudice to the enactment of the provisions referred to in article 93, debtors who are in detention must be released immediately after the verdict of the bankruptcy statement is pronounced. from the provisions of this article it is stated that all confiscations that have been carried out will be deleted and if necessary a supervisory judge must order the deletion. in the explanation of article 31 paragraph (2) it states that what is meant by "if necessary a supervisory judge must order the deletion" includes crossing of the confiscation of land or registered ship. provisions and explanations of article 31 paragraph (2) of the uuk are the root of the problem regarding the scope of confiscation which is terminated immediately and becomes void when there is a bankruptcy decision. because the provisions and explanations of the article do not explicitly mention the scope of confiscation. professor of criminal law at the faculty of law, gadjah mada university, edward omar sharif harief said "public law takes precedence over private law. criminal law is public law. for this reason, public law has the characteristics of coercion by state officials. if the item the investigator intends to seize is an item which has been under the control of a curator, the item will still be confiscated considering the nature and character of the criminal law. but edward insisted that the items to be confiscated were not automatically taken over by investigators ".21 akbp marbun w, a representative of the indonesian national police's legal division, responded to the issue of the position of a confiscation of public confiscation in bankruptcy assets. in addition to referring to the principle of the interests of public law as priority over civil law, that authority is also given by article 39 paragraph (2) of the criminal procedure code. furthermore, marbun said, the purpose of the confiscation itself was in the interests of proof from both the investigator, the prosecution, and the evidence at the trial. after the criminal case is finished, the confiscated goods can only be returned to those entitled or seized or destroyed in accordance with the decision of the panel of judges".22 21 http://www.hukumonline.com/berita/baca/lt51836ecd9bbf8/prokontra-sita-pidana-vs-sita-umumpailit, diakses terakhir tanggal 10 februari 2020 pukul 18.22 wib. 22 ibid.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 144 seeing the provisions of article 31 paragraph (2) of the uuk and article 39 paragraph (2) of the criminal procedure code, the author is of the opinion that the scope of article 31 paragraph (2) of the uuk is only in the context of civilization. this is because criminal confiscation of bankruptcy assets cannot be forced to fall due to public confiscation in bankruptcy. although in this case article 31 paragraph (2) of the law provides an opportunity for it. to address the conflicting norms between article 31 paragraph (2) uuk and article 39 paragraph (2), it is necessary to understand that in interpreting the provisions of the article it is not enough to just read the sound of the article alone. but it is also necessary to understand the principles contained in the provisions of the article and also the legal doctrine that is able to answer the conflict between legal norms. so if there is a conflict with the law, it is necessary to look again at the principles or doctrines that govern it. thus according to the author, the provisions of article 31 paragraph (2) of the law and article 39 paragraph (2) of the criminal procedure code are analyzed with article 28 j paragraph (2) of the 1945 constitution of the republic of indonesia, then related to the teachings of indonesian legal collectivism containing meaning that the scope of the meaning of all confiscations as regulated in article 31 paragraph (2) of the law is only included in the civil sphere. according to the author, it is necessary to make a procedural law that can explicitly determine the termination or deletion of a confiscation as referred to in article 31 paragraph (2) of the uuk. because the provisions of this article are difficult to apply, because it is in direct contact with other judicial procedural law but does not have strict provisions regarding termination or deletion of confiscation. in this way, conclusions can be drawn regarding the ideal idea of the position of confiscation of crime against public confiscation in bankrupt assets, namely, first, concerning bankrupt assets confiscated for evidence in criminal cases, judges in deciding the status of confiscated goods should really determine the ownership status of the confiscated goods. so that if a bankruptcy asset has been confiscated first but the criminal has not been proven criminal, then it must be returned to the bankrupt property in the context of public confiscation. but on the contrary, if the assets can indeed be proven that originated or used from proceeds of crime, then in the interest of the law the property was confiscated for the state or seized to be destroyed. secondly, it is necessary to establish a legal program that can clearly determine the confiscation, and third, the bankrupt assets must be based on the right of rights according to law. 3. conclusion  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 145 based on the explanation above, the writer concludes that : 1. analyzed with article 28 j paragraph (2) of the 1945 constitution of the republic of indonesia, then linked to the teachings of the interests of public law article 39 paragraph (2) of the criminal procedure code takes precedence over private law article 31 paragraph (2) of the law, legally implies that the scope of all confiscations as stipulated in article 31 paragraph (2) of the law only covers the civil sphere. 2. according to the criminal procedure code for bankruptcy assets can be confiscated criminal whereas according to the bankruptcy law since the bankruptcy verdict was pronounced by the judge, the entire confiscation of bankrupt assets becomes invalid again. article 39 paragraph (2) of the criminal code states that objects that are in bankruptcy cases can be confiscated by investigators for the purposes of investigating, prosecuting and prosecuting criminal cases. article 31 paragraph (2) of the bankruptcy law says otherwise, namely all confiscation is stopped since the verdict of the bankruptcy is pronounced. when the verdict of bankruptcy is said to end all confiscation of the assets of the bankrupt debtor and the general confiscation of bankruptcy applies. thus, there is an overlap between bankruptcy law and criminal procedure law. if assets that are in the process of bankruptcy are confiscated by an investigator, this means that the assets cannot be cleared and distributed to their creditors. this causes a violation of the principles of bankruptcy law and results in the non-fulfillment of the rights of creditors and debtors. apart from all that, confiscation in criminal procedural law has a higher public urgency compared to individual interests in the field of civil law, especially bankruptcy. therefore confiscation in criminal procedure law must take precedence suggestion the suggestions that can be given by researchers in this study are: 1. there needs to be an adjustment between bankruptcy law and criminal law and criminal procedure law to avoid overlapping between the two fields of law. according to the author, even though bankruptcy assets have been confiscated, the investigators of these bankruptcy assets are not automated, and their authority is in the hands of investigators. therefore, the  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 146 investigator can still confiscate the items to be confiscated, but his control remains with the party who has confiscated the first time, in this case the curator. 2. to the curator, investigator and public prosecutor to dismiss the sectoral ego in conducting law enforcement in relation to the confiscation of criminal assets in bankruptcy. because the conflict with the provisions of the criminal procedure code and the provisions of the judicial commission can be anticipated more wisely in the form of referring back to the existing legal principles or doctrines. in addition, the judge must be serious in determining the status of ownership of confiscated goods. therefore, if a bankruptcy which has already been confiscated but which has not been proven criminal, must be returned to bankrupt assets in the context of public confiscation, and vice versa. references afiah, ratna nurul. 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(2004). sita eksekusi: praktek kejurusitaan pengadilan, pt tatanusa, jakarta. termorshuizen, marianne. (2009). kamus hukum belanda-indonesia, dikutip dari m. yahya harahap, hukum acara perdata tentang gugatan, persidangan, penyitaan, pembuktian, dan putusan pengadilan, sinar grafika, jakarta. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. undang-undang nomor 8 tahun 1981 tentang kitab undang-undang hukum acara pidana (ln 1981/76; tln no. 3209)  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 147 undang-undang nomor 37 tahun 2004 tentang kepailitan dan penundaan kewajiban pembayaran utang (tambahan lembar negara republik indonesia nomor 4443). http://www.hukumonline.com/berita/baca/lt51836ecd9bbf8/prokontra-sita-pidana-vs-sita-umumpailit, diakses terakhir tanggal 10 februari 2020 pukul 18.22 wib. template jurnal ijccs yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 123 legal review of the late notification of acquisition of commission for supervision of business competition (study of kppu case decision no: 07/kppu-m/2018) hari sutra disemadi1, agung sujati winata2 1faculty of law, universitas diponegoro, semarang, indonesia 2faculty of law, sekolah tinggi hukum bandung, bandung, indonesia 1e-mail: haridisemadi@gmail.com & agung.sujatiwinata@gmail.com abstract the form of economic activity carried out by entrepreneurs is the acquisition of shares. takeover is a way of developing an existing company or saving a company that is experiencing capital shortages or difficulties. one of the companies that made the acquisition was pt nippon indosari corpindo, tbk. the company that has been acquired is pt. prima top boga on january 24, 2018. the type of legal research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. the purpose of this study is to find out the legal analysis of the delay in notification (acquisition) of pt. prima top boga by pt. nippon indosari corpindo, tbk., to kppu and knows the stages of notification and evaluation of mpu for the acquisition of a company. the results of this study show, pt. nippon indosari corpindo, tbk., has been proven to be slow in notifying acquisition of kppu as stipulated in law no. 5 of 1999 jo. government regulation no. 57 of 2010. business actors wishing to make notifications regarding acquisitions that result in assets and/or sales value exceeding the stipulated provisions are required to carry out consultations as well as notifications according to the stages available. keywords: notification, acquisition, kppu 1. introduction the state has a duty to create prosperity for its people. the requirement to be able to fulfill it is through economic growth. naturally, economic growth determines the level of welfare, security and progress of a country. the higher the level of growth, the higher the level of political, economic and security stability (maharani & wulandari, 2016). however, to increase growth is not an easy and simple thing. precisely various conflicts in a country are born due to mistakes and failures of how the economy is grown. because the economy grows not in a vacuum and in the interests of importance. conversely, a country born with an interest and economic growth is another interest which is certainly interrelated with each other. growth has an impact and is caused by interactions between countries and also has an impact within the country (hanantijo, 2012). participating in the state in regulating the market led to “competition regimes”. at present almost all the world has competition institutions. each country has the authority to determine the type of industry, trade and services that are allowed to compete freely or be protected. every country is also allowed to carry out policies that may be contrary to the spirit of the regime itself such as monopoly etc (silalahi & edgina, 2017). ideally economic growth  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 124 must be harmonized with the prevailing world economic system. a system that gives the state a role to intervene insofar as the policy aims to improve the level of public welfare. one of the objectives of the establishment of law number 5 year 1999 concerning prohibition of monopolistic practices and unfair business competition is to safeguard the public interest and uphold national economic efficiency as an effort to improve people's welfare. national economic efficiency in this context is a way for the welfare of the people to be created (anggraini, 2015). therefore inefficient business practices in other languages become a counterproductive and meaningful step against the state. various business practices allegedly against the state such as monopoly, oligopoly, cartels, tender conspiracy and so on are activities that violate law no. 5 of 1999 (antoni, 2019). efforts to improve competitiveness and to remain competitive in the world of competition, business actors in addition to striving to diversify and extend, also take the path of restructuring the company (silalahi & edgina, 2017). corporate restructuring is simply interpreted as a fundamental improvement to the entire business chain of the company with the aim of creating competitive competitiveness. improvement of the company does not only concern business aspects, but also concerns aspects of organization, financial management, and legal aspects. to be able to compete with giant companies, both domestically and abroad, companies try to strengthen their capital, reduce production costs, pursue certain tax advantages, increase production capacity, try to produce at the most efficient point with the main goal of increasing profits received, and trying to reduce management inefficiency ( erlina, 2018). the form of economic activity carried out by entrepreneurs is the acquisition of shares. takeover is a way of developing an existing company or saving a company that is experiencing capital shortages or difficulties (santo, 2011). acquisition is an absorption of the english word acquisition means taking over, mastering or acquiring. acquisition is a strategy in the face of increasingly fierce business competition. there are various factors that are the reasons for business actors to make acquisitions, both economic and non-economic. specifically, the acquisition was chosen by the business actor to get the ease of company licensing, which is thanks to the acquired company having obtained an official permit to conduct a business activity. with this condition, licensing is considered valuable, because the acquirer does not become troubled to deal with licensing issues that consume energy and costs. furthermore, this transaction has a strategic effect, namely the transfer of company control to the acquirer (anggraini, 2015). business competition in the trading market is getting tighter in the current era of globalization. companies are required to always develop strategies and create new innovations to maintain their existence in the world of markets. mastery of economic resources and  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 125 concentration of economic power in a particular group or group in a business activity can be through acquisition (maharani & wulandari, 2016). acquisition is more often chosen by business actors because in the acquisition of both or more companies that unite themselves remain, only ownership changes occur, therefore, with the acquisition, no company disappears and no company is formed as a result of the acquisition (antoni, 2019). in the acquisition must pay attention to the asset value and the combined sales value of the two companies, if the value of the asset and the combined sales value exceeds from the applicable provisions, it must be notified immediately to the kppu for no more than 30 days. one of the companies that made the acquisition was pt nippon indosari corpindo, tbk. the company that was acquired by pt. nippon indosari corpindo, tbk., is pt. prima top boga on january 24, 2018. percentage of shares acquired by pt. nippon indosari corpindo, tbk., amounting to 50.99% shares or thirty-one billion shares, four hundred ninety nine million, seven hundred twenty two thousand eight hundred rupiahs (rp. 31,499,722,800). the acquisition has been legally effective since february 9, 2018. the acquisition of pt nippon indosari corpindo, tbk., the value of assets has exceeded the provisions stipulated by the business competition supervisory commission (kppu) regarding the obligation to notify share acquisition, so that pt nippon indosari corpindo tbk., is obliged to notify about the acquisition of kppu no later than 30 working days from the date of the juridical acquisition. the same thing, regarding the delay in notification also often occurs in several companies that make acquisitions. considering that research on acquisitions has been done a lot before, as did maya sari, abdul rahcmad budiono & hanif nur widhiyanti in 2017 with the research title “minoritas yang tidak dilibatkan dalam proses akuisisi” published in yuridika journal volume 32 number 3, the results of this study show that the limited liability company law has not provided sufficient legal protection to minority shareholders and research by rezimia febrina in 2014 with the research title “proses akuisisi perusahaan berdasarkan undang-undang no, 40 tahun 2007 tentang perusahaan terbatas” published in journal ilmu hukum volume 4 number 1, the results of these studies show that with the acquisition, 2 or more companies will still exist legally and the largest companies will become the parent company. the acquisition process only changes the status of the shareholders, namely switching from the acquirer's shareholders to the acquiring shareholders. so the changes that arise are not in private status but only in shareholders. based on previous research, there are differences in the focus of research that will be carried out by the authors with existing research. although they both took the theme of acquisition, but the focus of this research was the delay in notification of acquisition to kppu, based on case decision number: 07 / kppu-m / 2018. based on the description stated above,  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 126 problems can be formulated that need to be studied, namely first, how late the notification (notification) of the acquisition of pt. prima top boga by pt. nippon indosari corpindo, tbk., to kppu according to business competition law? and second, what are the stages of notification and assessment of mpu for the acquisition of a company?. 2. research method the type of legal research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. analytical descriptive is the nature of the research specifications used by the author, because the specifications of this study describe and describe the problem of the object being studied. the data that has been obtained is then collected and then arranged to be analyzed and explained in order to get the conclusions of the research conducted (salim & nurbani, 2014). secondary data is used in writing this article. secondary data is indirect data obtained from the source of the object of research. this data is in the form of legal material that has juridical binding power (primary legal material), legal material that provides further explanation of primary legal materials such as books, articles and internet related to the topic of this research (secondary legal material) and legal material that gives explanation of the two legal materials above (tertiary legal material), because this legal material is able to clarify terms and problems that might be encountered, for example, is a legal dictionary and other language dictionaries (salim & nurbani, 2014). the technique used in collecting secondary data is through library research or documentary study, which is a study that examines various documents both related to legislation and other documents that have been available (salim & nurbani, 2014). the last thing is compiling data -data that have been obtained so that it becomes a legal writing that is able to answer the problems that have been formulated beforehand so as to help the author make a correct conclusion. 3. results and discussion 3.1 analysis of acquisition notices of pt. prima top boga by pt. nippon indosari corpindo, tbk. to kppu decision on case number: 07 / kppu-m / 2018 is a case of delayed notification of acquisition with the reported party of pt. nippon indosari corpindo, tbk., having its address at cikarang barat, bekasi regency, west java. stock takeover or acquisition is a form of acquisition of company ownership by the acquirer, which results in the transfer of control of the expropriated company (arifin, 2017) a company that has been acquired by pt. nippon indosari corpindo, tbk., is pt. prima top boga on january 24, 2018. percentage of shares acquired by  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 127 pt. nippon indosari corpindo, tbk., amounting to 50.99% shares or thirty-one billion shares, four hundred ninety nine million, seven hundred twenty two thousand eight hundred rupiahs (rp. 31,499,722,800). the acquisition has been legally effective since 09 february 2018 based on the letter of the ministry of law and human rights number: ahu-0003152.ah.01.02 concerning approval of amendments to the articles of association of the limited liability company pt. prima top boga. the object of the a quo case from case verdict number: 07 / kppu-m / 2018 is the delay in notification in the acquisition of pt prima top boga company by pt. nippon indosari corpindo, tbk. delays in notification of acquisitions to kppu are regulated in article 29 of act number 5 of 1999 concerning prohibition of monopolistic practices and unfair business competition jo. article 5 government regulation number 57 of 2010 concerning merger or consolidation of business entities and takeover of company shares that can result in the occurrence of monopolistic practices and unfair business competition. article 29 of law no. 5 of 1999 states "paragraph (1). merger or consolidation of business entities, or takeover of shares as referred to in article 28 which results in the value of assets and / or sales value exceeding a certain amount, must be notified to the commission, no later than 30 (thirty) days from the date of merger, consolidation or takeover; and paragraph (2). provisions concerning the determination of the value of assets and / or the value of sales as well as the procedures for notification as referred to in paragraph (1), are regulated in government regulations”. article 5 pp no. 57/2010 mentions "1). business entity merger, business entity smelting, or other company takeover of shares resulting in asset value and / or sales value exceeding a certain amount must be notified in writing to the commission no later than 30 (thirty) working days from the date the juridically effective business entity , consolidation of business entity, takeover of company shares; 2). a certain amount as referred to in paragraph (1) consists of: value of assets in the amount of rp 2,500,000,000,000 (two trillion five hundred billion rupiahs); and / or sales value of rp. 5,000,000,000,000 (five trillion rupiahs); 3). for business actors in the field of banking, the obligation to submit written notice as referred to in paragraph (1) applies if the asset value exceeds 000,000,000,000 (twenty trillion rupiahs); and 4). asset values and / or sales value as referred to in paragraph (2) and (3) are calculated based on the sum of asset values and / or sales value of: merged business entity, or smelting business entity, or business entity that takes over shares of other companies and foreclosed business entities and business entities that directly or indirectly control or are controlled by a merged business entity, a consolidated business entity, or a business entity that takes over the shares of another company and a foreclosed business entity ".  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 128 related to case decision number: 07 / kppu-m / 2018, pt nippon indosari corpindo, tbk., acquired an acquisition / share acquisition transaction of pt prima top boga on january 24, 2018, amounting to 32,051 shares (issuance of new shares) by means of additional capital worth rp.499,722,800 (thirty one billion four hundred ninety nine million seven hundred twenty two thousand eight hundred rupiahh). upon the acquisition, after february 9, 2018, 100% (one hundred percent) of shares owned by pt prima top boga amounting to 851 (sixty two thousand eight hundred fifty one) shares were held by: 1). pt nippon indosari corpindo, tbk., amounting to 50.99%; 2). sylvia for 6.13%; 3). lin dao xian at 12.25%; 4). asih lestari guntur at 4.08%; 5). kumala ayu dewi guntur at 4.08%; 6). samiadji guntur at 4.09%; 7). david gatot gunawan for 6.13%; and 8). lenny setyawati is 12.25%. as a result of the acquisition of the shares, kppu through the merger directorate submitted a letter to pt nippon indosari corpindo, tbk., related to the obligation to notify kppu and was received by pt nippon indosari corpindo, tbk., on march 7, 2018. then pt nippon indosari corpindo, tbk., submitted an official notice of share acquisition to kppu on march 29, 2018. based on the provisions of article 5 paragraph (1) pp no.57/2010 which regulates the time of notification where the acquisition of another company that results in asset value and / or sales value exceeds a certain amount must be notified in writing to the kppu at the latest 30 working days from the date it has been valid legally effective. therefore, pt nippon indosari corpindo, tbk., is late in notifying kppu for 4 (four) working days, which should be based on the calculation of calendar days, notices of taking over shares of pt prima top boga company should be notified to the commission no later than march 23, 2018. article 5 paragraph (2) pp no. 57/2010, regulates asset value and the value of takeover sale of shares in which the amount / limit of certain value as intended consists of asset value of rp. 2,500,000,000,000 and / or sales value of rp. 5,000,000,000,000. then refer to article 5 paragraph (4) of government regulation number 57 of 2010 letter b, which requires the calculation of asset value and sales value based on the sum of asset values and / or sales value of the acquired acquisitor and company, therefore the sum of asset values and / or value sales are calculated from the assets and / or sales of pt nippon indosari corpindo, tbk., and pt prima top boga, as follows (table 1):  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 129 table 1. combined assets and sales value (source: decision on case number: 07 / kppu-m / 2018) accordingly, the combined sales value and / or assets are calculated based on the sum of the sales value and / or asset value of pt nippon indosari corpindo, tbk., and pt prima top boga has violated the provisions of pp no. 57/2010. for the case above, in general there are problems related to the time of carrying out the notification of acquisition obligations, namely the obligation to be notified after the acquisition is effective legally. if the company does not conduct pre-notification / consultation, then the company conducts acquisition and then notifies the kppu, then if the kppu issues an opinion stating that the acquisition conducted by the company does not result in monopoly and does not interfere with fair business competition, then there are no problems. however, of course it will be fatal if the opinion of the kppu contains a statement that does not agree with the acquisition which shows that the acquisition has resulted in monopolistic practices or unfair business competition. in accordance with article 47 paragraph (2) letter e of law no.5 of 1999, then for opinions containing refusal for acquisition with this reason, sanctions will be given in the form of stipulation of the acquisition of the acquisition. if the cancellation is carried out, it is clear that the business actor will incur significant losses. that is the case, which makes cases of late notification occur (maharani, 2016). 3.2 stages of kppu notification and assessment of the acquisition of a company the number of legal issues regarding the delay in acquisition notification to kppu, in this paper will describe the stages of kppu's notification and assessment of the acquisition. the assessment is conducted to assess whether there are concerns about monopolistic practices and or unfair business competition due to merger or consolidation of business entities or takeovers based on the measurement of the degree of concentration in the relevant market (sari, budiono & widhiyanti, 2017). it is important for businesses to know, how further, the kppu's assessment process in notification or notification, is related to the acquisition of a company value limit pt nippon indosari corpindo, tbk. pt prima top boga total assets 3.395.179.401.721 23.547.662.670 3.418.727.064.391 sales value 2.491.100.179.560 20.315.999.415 2.511.416.178.975  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 130 according to the provisions of business competition law. so that the business plan is not hampered or even gets administrative sanctions from kppu, in accordance with the authority given by the act (erlina, 2018). the legal reason for implementing the merger, consolidation and or takeover notification is article 28 and article 29 of law no. 5 of 1999. as in the provisions of article 28 which states "paragraph (1). business actors are prohibited from merging or consolidating a business entity that can lead to monopolistic practices and or unfair business competition; and paragraph (2). business actors are prohibited from taking over shares of other companies if such actions can result in monopolistic practices and or unfair business competition ". furthermore, in government regulation no.57 / 2010, states that monopolistic practices and / or unfair business competition, occur if a merged business entity, consolidated business entity, or business actor that takes over shares of another company is suspected of committing: 1). agreements that are prohibited; 2). prohibited activities; and / or 3). abuse of dominant position. in law no.5 of 1999 article 29 paragraph (1) states "merger or consolidation of a business entity or takeover of shares as referred to in article 28 which results in the value of the asset and / or the value of the sale exceeds a certain amount, must be notified to the commission no later than 30 ( thirty) days from the date of the merger, consolidation or takeover". based on these provisions, kppu can impose administrative sanctions in accordance with law no.5 of 1999 article 47 paragraph (2) letter e in the form of cancellation of merger or consolidation of business entities and takeover of shares as referred to in article 28. however, to provide certainty in the world business, kppu gives an obligation to business actors to make a notification to kppu after a business actor carries out an acquisition (fadhilah, 2019). kppu will then assess the impact of the acquisition plan and provide opinions on the planned acquisition. for business actors who want to make a notification regarding mergers or acquisitions as regulated in pp no.57 / 2010, that is, business actors in writing notify kppu by filling out the forms determined by kppu. this form contains at least information about: 1). name, address, name of leader or management of a business entity that carries out business entity merger, business entity consolidation, or takeover of shares of another company; 2). summary of plans for business entity merger, business entity consolidation, or takeover of company shares; and 3). the value of assets or the value of the sale of a business entity. in addition, this form must also be signed by the leader or management of a business entity that combines a business entity, business entity consolidation, or expropriation of shares of another company,  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 131 and is accompanied by supporting documents relating to the merger of a business entity, business entity merger or acquisition of company shares. after a notification or notification is made by a business actor, kppu will evaluate the notification by giving an opinion on whether or not there are allegations of monopolistic practices and / or unfair business competition resulting from the merger of business entities, business entity consolidation, or takeover of company shares. this assessment is carried out within a maximum period of 90 (ninety) working days from the date the written notification document is received in full by the commission. if the opinion of the kppu states that there are allegations of monopolistic practices and / or unfair business competition, the commission will take action in accordance with its authority as stipulated in the law, one of which can provide administrative sanctions to business actors (febrina, 2007). in addition to the notification of the acquisition, it is also known that the consultation to kppu. in regulating business competition law, especially for business entity acquisition problems, in addition to the obligation of notification or notification, there are also arrangements for consultation with kppu as a form of plan for a business entity wishing to carry out such merger or consolidation. this can be found in article 10 pp no.57/2010, which reads "paragraph (1). business actors who will conduct a business entity merger, business entity smelter, or takeover of other company shares resulting in asset value and / or sales value exceeding a certain amount as referred to in article 5 paragraph (2) and paragraph (3) may conduct oral consultations or written to the commission; and paragraph (2) a written consultation as referred to in paragraph (1) is carried out by filling out the form and submitting the documents required by the commission ". so, business actors also have the opportunity to conduct consultations on commissions before the intended merger or acquisition. based on the forms and documents received by the kppu, an assessment will be carried out. then, based on this assessment, the commission provides written advice, guidance, and / or opinions regarding the planned merger of business entities, business entity consolidation, or the takeover of shares of other companies to business actors. in its arrangement, the commission is limited to providing written advice, guidance and / or opinions at the latest 90 (ninety) working days from the date of receipt of complete forms and documents by the commission. consultation procedure can be seen in kppu regulation number 02 of 2013 concerning third amendment to regulation of the business competition supervisory commission number 13 of 2010 concerning implementation guidelines concerning merger or consolidation of business entities and takeover of company shares that can result in the occurrence of monopolistic practices and unfair business competition (perkom no.2 / 2013).  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 132 which clearly states the procedures and stages of consultation are as follows: 1). business actors who meet the consultation requirements can conduct consultations, both in writing and verbally to the kppu; 2). written consultation is carried out by all business actors who will conduct merger or consolidation or by takeover business actors, by filling in the m2 form for business entity merger, k2 form for business entity consolidation, and a2 form for taking over company shares; 3). the consultation form must be accompanied by the required documents and other documents deemed necessary by the kppu; 4). kppu issues a consultation receipt and studies the completeness of the required forms and documents; 5). forms and documents that have been declared complete by the commission will be followed up with the initial assessment process. commencement of the assessment process initially notified in writing by the kppu to the business actor; 6). kppu has the right to request additional documents from business actors in the event that it is deemed necessary to conduct an assessment; 7). business actors must submit documents related to the business plan required on the consultation form. the business plan contains documents related to the direction of the policies of the parties for the next 3 years and the industrial conditions of the parties in groups that explain the industry conditions along with the competitive landscape in the industry; 8). business actors must submit data on all industrial market structures where the parties carry out their business activities. the data includes data on the market share of the parties and the market share data of competing companies. kppu will assess the completeness of the data to proceed to the assessment stage or not. kppu will not conduct an assessment related to consultation on merger, consolidation, and takeover of shares if the parties do not fulfill the market data; and 9). that the commission will carry out confirmation regarding market data submitted by the business actor in the document completion stage before entering the assessment stage. in the examination of the completeness of the documents, kppu can also confirm the correctness of the data to relevant parties, such as competitors, the government as an industry regulator, practitioners / observers in the market, and other parties related to the market (hanantijo, 2012). 4. conclusion stock takeover or acquisition is a form of takeover of company ownership by the acquirer, which results in the transfer of control of the expropriated company. decision on case number: 07 / kppu-m / 2018 is a case of delayed notification (notification) of acquisition with the reported party of pt. nippon indosari corpindo, tbk. the company that was acquired by pt. nippon indosari corpindo, tbk., is pt. prima top boga on january 24, 2018. percentage of shares acquired by pt. nippon indosari corpindo, tbk., amounting to 50.99% shares. the  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 133 acquisition has been legally effective since 09 february 2018 based on the letter of the ministry of law and human rights number: ahu-0003152.ah.01.02 concerning approval of amendments to the articles of association of the limited liability company pt. prima top food. in this case decision pt. nippon indosari corpindo, tbk., has been proven to have been slow in notifying acquisition of kppu as regulated in article 29 of act number 5 of 1999 concerning prohibition of monopolistic practices and unfair business competition jo. article 5 government regulation number 57 of 2010 concerning badab merger or merger of business and takeover of company shares that can result in the occurrence of monopolistic practices and unfair business competition. business people who want to make a notification regarding the acquisition stipulated in pp no.57 / 2010, require businesses in writing to notify the kppu by filling out the forms determined by kppu. after the notification is carried out, kppu will evaluate the notification by giving an opinion on whether or not there are allegations of monopolistic practices and / or unfair business competition resulting from the merger of business entities, business entity consolidation, or takeover of company shares. this assessment is carried out within a maximum period of 90 (ninety) working days from the date the written notification document is received in full by the commission. in addition to the notification of the acquisition, it is also known that the consultation to kppu. in regulating business competition law, especially for business entity acquisition problems, in addition to the obligation of notification or notification, there are also arrangements for consultation with kppu as a form of plan for a business entity wishing to carry out such merger or consolidation. refrence anggraini, a.m.t. (2015). penerapan sintem notifikasi post-merger atas pengambilalihan saham perusahaan berdasarkan hukum persaingan usaha. jurnal law pro justisia, vol.1 no.1, pp. 21-43. antoni, v. (2019). penegakan hukum atas perkara kartel di luar persengkokaln tender di indonesia. jurnal mimbar hukum, vol.31 no.1, pp. 95-111. arifin, m. (2017). pertanggung-jawaban hukum atas keterlambatan pemberitahuan akuisisi asing kepad komisi pengawas persaingan usaha. jurnal lex reinaissance, no.2 vo.2, 259-277. erlina. (2018). aspek yuridis terhadap akuisisi merek perusahaan. jurnal jurisprudentie, vol.5 no.2, pp. 86-98. fadhilah, m. (2019). penegakan hukum persaingan usaha tidak sehat oleh komisi pengawas persaingan usaha (kppu) dalam kerangka ekstrateritorial. jurnal wawasan yuridika, vol.3 no.1, pp. 55-72. febrina, r. (2014). proses akuisisi perusahaan berdasarkan undang-undang no, 40 tahun 2007 tentang perseroan terbatas. jurnal ilmu hukum, vol. 4 no.1, pp.161-176. hanantijo, d. (2012). kartel: persaingan tidak sehat. jurnal mimbar bumi, vol.5 no.11, pp. 19.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 ijccs vol. x, no. x, july 201x : first_page – end_page 134 maharani, d.a., & wulandari, h.w. (2016). merger, consolidation and acquisition in the telekommunication industry in indonesia. jurnal penelitian pos dan informatika, vol.5 no.1, pp.19-36. mulyadi, d., & rusydi, i. (2017). efektifitas peran komisi pengawas persaingan usaha (kppu) dalam penanganan kasus persaingan usaha tidak sehat. jurnal ilmiah galuh justisi, vol.5 no.1, 1-20. salim, hs., & nurbani, e.s. (2014). penerapan teori hukum pada penelitian disertasi dan tesis. buku kedua, jakarta: pt rajagrafindo persada. santo, p.a.f.d. (2011). merger, akusisi dan konsolidasi dalam perspektif hukum persaingan usaha. jurnal binus business review, vol.2 no. 1, pp.423-433. sari, m., budiono, a.r., & widhiyanti, h.n. (2017). perlindungan bagi pemegang saham minoritas yang tidak dilibatkan dalam proses akuisis. jurnal yuridika, vo.32 no.3, pp. 441-463. silalahi, u., & edgina, i.c. (2017). evidentiary process of cartel cases in indonesia using indirect evidence. jurnal yudisial, vol.10. no.3, 311-330. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 legal protection for taxpayers in the tax examination process moh. saleh, handriono faculty of law, narotama university surabaya e-mail : saleh.nwa@gmail.com, handrionokwa@yahoo.co.id abstract tax auditing is something that is avoided by many taxpayers. however, due to one reason or another, the taxpayer cannot avoid the tax audit. therefore, the taxpayer should understand the process of a tax audit. the purpose of this research is to provide an overview of the things that need to be considered by taxpayers in facing the examination through a review of the minister of finance regulation number 184 / pmk.03 / 2015 concerning amendments to pmk number 17 / pmk.03 / 2013 concerning procedures examination. through this study, it is hoped that it can help the taxpayers in understanding the tax audit process so that they can avoid things that harm the taxpayers. for the directorate general of taxes, the review is expected to be an input to improve existing laws and regulations related to tax audits in order to provide legal protection to taxpayers. keywords: legal protection, tax audit 1. introduction the current tax system adopts the self assessment system where taxpayers are obliged to calculate their own taxes and report the amount of tax owed to the directorate general of taxes. meanwhile, in the self assessment system, the tax authorities are tasked with supervising and examining the reporting made by taxpayers. in carrying out supervisory duties, the tax authorities in this case are carried out by officers with the position of account representatives (ar) to analyze the financial reports presented by taxpayers using various data they have, both internal data and external data (tunçel, 2018). in addition, ar also performs a comparative analysis of the taxpayer's financial statements by looking at the comparison of taxpayers' financial statements from year to year. if it is found that the taxpayer's financial report is mismatched with the data owned by the tax authorities, or there are conditions that according to ar are questionable, then ar issues a letter requesting an explanation for the data and / or information known as sp2dk. if the taxpayer is unable to provide clarification on the ar question, then ar will advise the taxpayer to make corrections to the tax return (spt) that he has reported (hardiningsih & yulianawati, 2011). if the taxpayer is not willing to make corrections to the spt that has been reported, ar will make a suggestion that the taxpayer's tax return (spt) is tested. the examination of the taxpayer's spt can arise through the ar proposal or what is known as a bottom up. in addition, the examination of the taxpayer's spt may also arise based on orders from the head office of the directorate general of taxes, known as top down. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 in a testing process commonly known as a tax audit which aims to test compliance with taxation obligations, preceded by the issuance of an audit warrant (sp2) where the letter is an order to the tax authorities whose names are listed in the sp2, to conduct an inspection of the mandatory tax whose name is stated in the sp2 (rudianto & roesli, 2019). subsequently, a field audit notification letter will be issued, namely a letter given to taxpayers as notification that the taxpayer whose name is stated in the field audit notification letter will be subject to an audit for the tax year as stated in the tax return. in the regulations for implementing tax audits, the director general of taxes issues a regulation of the director general of taxes (per dirjen / per) number per 07 / pj / 2017 concerning guidelines for field inspections in the context of examinations to test compliance with taxation obligations (hereinafter referred to as per 07/2017). in per 07/2017, it is stated that the examination begins with the submission of a field audit notification letter which is submitted along with a summons to the taxpayer (roesli et al., 2017). the summons contains the time, place and purpose for the meeting between the tax auditor and the taxpayer, as well as books, records and documents that the taxpayer must carry. apart from the field inspection, the tests carried out by the tax authorities can be in the form of office inspections (tunçel, 2018) . in the event that the test is carried out by means of an office inspection, the tax authorities will issue a summons for office audit. the summons are accompanied by a request for data / documents required for the inspection of the office (efendi et al., 2016). in facing the audit process, taxpayers are generally worried that there will be significant corrections to the tax calculations they have done based on the financial statements attached to the tax returns. researchers found that quite a number of taxpayers do not understand and do not know matters related to the rights and obligations of taxpayers in a tax audit process. this results in the taxpayer feeling that he must accept the results of the audit, and pay the tax shortfall as stated in. therefore, this study aims to obtain answers to the following questions: 1. what is the form of legal protection for taxpayers in facing tax audits, especially tax audits on overpayment returns? 2. does pmk 184 / pmk.03 / 2015 provide sufficient legal protection for taxpayers in facing tax audits? 2. research methods this research uses legal research methods. the approach used in this legal research is the statute approach, by examining all laws and regulations related to the legal issue being researched. the results of this study are an argument to solve the issue at hand (hasudungan, 2020) ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 3. results and discussion based on research on several sources of law in the form of laws, regulations of the minister of finance, regulations of the director general of taxes and decisions of tax courts which constitute jurisprudence in analyzing the problems encountered. this research is mainly directed at reviewing the minister of finance regulation number 184 / pmk.03 / 2015 concerning amendments to the minister of finance regulation number 17 / pmk.03 / 2013 concerning audit procedures (hereinafter referred to as pmk 184/2015). researchers have reviewed pmk 184/2015 in relation to legal protection for taxpayers who are currently facing a tax audit. below, the researchers present a discussion related to this matter. forms of legal protection for taxpayers in facing tax audits on overpayment tax returns in facing audits, according to the minister of finance regulation number 184 / pmk.03 / 2015 concerning amendments to the regulation of the minister of finance number 17 / pmk.03 / 2013 concerning audit procedures outlines the rights and obligations of the taxpayer in facing the tax audit. the rights of taxpayers in the implementation of tax audits in order to test compliance with tax obligations are as follows: a. requesting the tax auditor to show the tax auditor identification and audit warrant in which the name of the taxpayer to be audited is written. b. ask the tax inspector to issue a field audit order in the event that the inspection is carried out by type of field inspection. c. ask the tax auditor to show a letter containing the changes in the tax auditors team if the membership composition of the tax auditors changes. d. ask the tax auditor to provide an explanation of the reason and purpose of the audit. e. receiving sphp (notification of audit results). f. attend the audit result final discussion at the appointed time. g. submit a request for discussion with the audit quality assurance team, in the event that there are still audit results that are limited to the legal basis for corrections that have not been agreed between the tax auditor and the taxpayer at the audit results final discussion, except for the audit on other information in the form of concrete data that is carried out with the office inspection type. h. provide opinion or assessment on the implementation of the audit by the tax auditor through filling out the audit questionnaire. if examined further, there are 2 things that are also included in the implementation of the taxpayer's rights in facing the audit, which are part of the description above, namely a. receiving an invitation to conduct the audit result final discussion. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 b. receiving an invitation to hold discussions with the quality assurance team, in the event that the taxpayer submits an application for discussion with the quality assurance team. in relation to the tax audit process, the taxpayer's obligations in the implementation of tax audits in order to test compliance with taxation obligations are: a. show and / or lend books, records, and / or documents that are the basis of books or records, and other documents related to income earned, business activities, taxpayer free work, or objects that are subject to tax; b. provide the opportunity to access and / or download electronically managed data; c. provide the opportunity to enter and inspect a place or space, movable and / or immovable property that is suspected or reasonably suspected to be used to store books or records, documents that form the basis of bookkeeping or records, other documents, money, and / or items that can provide guidance concerning income earned, business activities, taxpayer free work, or onjek which owes tax and lent it to the tax auditor; d. providing assistance for the smoothness of the audit, dayng can be in the form of: 1. providing manpower and / or equipment at the expense of the taxpayer if accessing electronically managed data requires special equipment and / or expertise; 2. providing assistance to the tax auditor to open movable and / or immovable property; and / or 3. providing a special room where the field audit is conducted in the event that the audit is carried out at the taxpayer's place; e. deliver a written response to the sphp; and f. provide the necessary oral and / or written information. implementing regulations related to field audit are regulated in the director general of taxes regulation (per dirjen / per) number per 07 / pj / 2017 concerning guidelines for field inspections in the context of examination to test compliance with taxation obligations (hereinafter referred to as per 07/2017). in per 07/2017, it is stated that the examination begins with the submission of a field audit notification letter which is submitted along with a summons to the taxpayer. the summons contains the time, place and purpose for the meeting between the tax auditor and the taxpayer, as well as books, records and documents that the taxpayer must carry. in the event that the taxpayer has not fulfilled the request for borrowing books, records and documents requested by the tax auditor, within 2 (two) weeks from the date of submission of the request for borrowing books, records and documents, the 1st warning letter may be issued. if within 3 (three) weeks from the date of submission of the 1st warning letter the taxpayer has not ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 completed the lack of books, records and documents requested, a 2nd warning letter will be issued. and if within 1 (one) month from the submission of the 2nd warning letter the taxpayer has still not fulfilled the request for data in the form of books, records or documents requested by the tax auditor, the tax auditor must make a minutes of not fulfilling the request for borrowing books, notes. and documents, enclosing a list of books, records and documents that must be lent but not yet submitted by the taxpayer. the tax auditor has the authority to perform sealing in order to obtain or secure books, records and / or documents, including electronically managed data and other objects that can provide instructions regarding the business activities or work of the taxpayer exempt from being audited, so that they are not transferred, removed, destroyed. , altered, tampered with, exchanged or falsified. if within a period of 7 (seven) days from the date of sealing, the taxpayer does not give the tax auditor permission to open or enter a place or room, movable or immovable property that is sealed, the taxpayer is deemed to have refused the audit. taxpayers are required to sign the audit refusal statement. if the taxpayer refuses to sign the audit rejection statement, the tax auditor makes and signs the minutes of the rejection. based on the said audit refusal statement, the tax auditor can make ex officio tax determination, or propose preliminary evidence audit. preliminary evidence audit is an examination which is carried out to obtain preliminary evidence of an alleged taxation crime. in the event that the taxpayer fulfills the request for borrowing books, records and / or documents to the tax auditor, the audit process will run. the result is the issuance of an audit result notification letter (sphp). together with the sphp is attached a list of findings of the tax auditor's corrections. taxpayers are given the opportunity to respond to the sphp within 7 (seven) working days from the date the sphp is received by the taxpayer. the period of submitting responses to sphp for 7 (seven) working days can be submitted for an extension of 3 (three) working days. if there is a finding of the tax auditor's correction that is not approved, the taxpayer may state his disapproval along with reasons and data that support the reasons for his disapproval. after the response letter to the sphp is submitted to the tax service office, then within 3 (three) working days the tax auditor will send an invitation letter for the audit result final discussion. furthermore, the tax auditor will discuss the taxpayer's response letter and put it in the minutes of discussion. there are several possibilities that occur in the audit result final discussion, namely: a. the tax auditor agrees entirely on the taxpayer's disapproval. b. the tax auditor partially agrees to the taxpayer's disagreement, and the taxpayer still disagrees with the tax auditor's opinion. c. the tax auditor partially agrees to the taxpayer's disapproval, and the taxpayer agrees with the tax auditor's opinion. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 d. the tax auditor maintains the correction / disagrees with the opinion of the taxpayer and the taxpayer agrees with the opinion of the tax auditor. e. the tax auditor maintains the correction / disagrees with the opinion of the taxpayer and the taxpayer does not partially agree with the opinion of the tax auditor. f. the tax auditor maintains the correction / disagrees with the opinion of the taxpayer and the taxpayer does not agree entirely with the opinion of the tax auditor. in addition to the aforementioned possibilities, in the event that the taxpayer agrees to the tax auditor's correction contained in the sphp attachment, an invitation to conduct the audit result final discussion is still issued, in which the discussion minutes will contain the following sequence of discussion results: correction according to sphp, taxpayer approves the tax auditor's correction, the tax auditor agrees with the taxpayer's response, the taxpayer agrees with the tax auditor's response. then internally the tax auditor will make an audit result report which will be used as the basis for issuing a tax assessment letter. tax assessments that can be issued from the audit can be in the form of tax underpayment assessment letter / zero tax assessment letter / overpayment tax assessment letter, and tax collection letter. in an annual income tax return which states overpayment, in accordance with article 4 pmk 184 / pmk.03 / 2015 including the criteria for tax returns that must be checked to test compliance with the fulfillment of tax obligations. for a tax return which states that overpayment and overpayment are requested for a refund, in accordance with article 17b paragraph (1) of law number 16 of 2009 concerning stipulation of government regulations in lieu of law number 5 of 2009 concerning the fourth amendment of law number 6 of 1983 concerning provisions general taxation and procedures to become law (indonesia & murtopo, 2009). (hereinafter referred to as uu kup) states: the director general of taxes after examining the request for tax overpayment refund, in addition to the request for refunding the overpayment of tax from the taxpayer as referred to in article 17c and the taxpayer as referred to in article 17c. referred to in article 17d, must issue a tax assessment letter no later than 12 (twelve) months after receipt of the complete application. based on the article on the tax return which states overpayment and for the overpayment is requested for refund, there is a time limit for payment. examine until the issuance of a tax assessment, which is no later than 12 months after receipt of the complete application. in several cases, the tax auditor incorrectly calculates the audit time, which is in accordance with the above description of the sequence after the issuance of the sphp. sometimes the new tax auditor issues sphp 7 (seven) days before the 12 (twelve) month deadline. to overcome this, sometimes the tax auditor has issued an invitation to discuss the day after the sphp date. the invitation for ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 discussion invites the taxpayer on the 4th day after the submission of the sphp to conduct the audit result final discussion, while at that time the response letter to the sphp has not been submitted by the taxpayer. thus, it is as if the tax auditor intends to direct the taxpayer to immediately submit a response letter and immediately conduct the audit result final discussion. thus, the 12 (twelve) month time limit is not exceeded. taxpayers who understand their rights in facing the tax audit, will still declare that they cannot attend the discussion invitation because the taxpayer has not submitted a response letter to the sphp so that they cannot carry out the audit result final discussion. in some cases, the tax auditor is found to remain adamant to the discussion invitation he has sent, even though the taxpayer has not submitted a response letter to the sphp. the tax auditor prepares an minutes of taxpayer absence in the audit result final discussion, then the auditor makes a final discussion minutes and subsequently submits the lhp to be used as a reference for issuing a tax assessment. if this happens, the tax assessment letter issued includes a tax assessment letter that is incorrect, so that cancellation can be submitted based on article 36 paragraph (1) letter d of the kup law (santi et al., 2017), which reads: (4). the director general of taxes because of his position or at the request of the taxpayer can: cancel the results of tax audits or tax assessments from the results of audits carried out without: 1. submitting notification of audit results; or the 2. final discussion on the audit results with the taxpayer. dalam handling process upon filing of the cancellation of the tax assessments were not properly pursuant to article 36 paragraph (1) letter d uu kup sometimes the result of the evaluation of staff djp are dealing with issues request for cancellation of the tax assessments under article 36 paragraph (1) letter d not observant. the staff of the dgt regional office only saw that the requirements for the cancellation of the tax assessment were possible if sphp was not submitted during the tax audit or the audit result final discussion was not carried out. in the above problem, the sphp has been submitted to the taxpayer and an invitation for discussion has also been submitted to the taxpayer, where the taxpayer is not present so that in his absence an minutes of taxpayer's absence have been made in the audit result final discussion and an minutes of final discussion have been made so that according to the staff of the dgt regional office there is no reason to cancel the tax assessment that has been issued. thus, the application for the cancellation of an incorrect tax assessment based on article 36 paragraph (1) letter d of the kup law submitted by the taxpayer is declared rejected. as a result of the rejection, the taxpayers can take legal action to file a lawsuit to the tax court. the legal basis for filing a lawsuit on the above problems is article 40 of law no. 14 of 2002 concerning the tax court (pandoman, 2017). in conjunction with article 23 of the kup law (indonesia & murtopo, 2009). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 in the process of a lawsuit submitted to the tax court, the taxpayer has the opportunity to get justice for the problems they are experiencing. this is due to the fact that the lawsuit process at the tax court is outside the dgt area. in contrast to the process for the cancellation of an incorrect tax assessment based on article 36 paragraph (1) letter d of the kup law which is still within the dgt area, where the process for the cancellation of an incorrect tax assessment is based on article 36 paragraph (1) letter d the kup law is carried out by the dgt regional office where the taxpayer is registered. thus the lawsuit process at the tax court has a higher level of neutrality. regarding the case described above, the tax court judge panel will ask the parties to describe the legal basis for the opinion of each party. in this case the taxpayer states that based on article 43 pmk 184/2015 it regulates the procedure for submitting an invitation to discuss audit results, namely 3 (three) days from the receipt of a written response to the sphp or the expiration of the period as referred to in article 42 paragraph (3) pmk 184/2015 . in the event that the tax auditor submits an invitation for discussion before receiving a written response to the sphp or before the end of the period as referred to in article 42 paragraph (3) pmk 184/2015, then the invitation to discuss the results of the audit submitted by the tax auditor is considered invalid and deemed not yet delivered. and therefore it is considered that the audit result final discussion was not carried out. thus, it fulfills the criteria for the cancellation of a tax assessment letter as stated in article 60 paragraph (1) pmk 184/2015 which reads: (1) tax assessment letter from the results of the examination carried out without: a. sphp submission; or b. audit result final discussion, may be canceled in ex officio or based on the request of the taxpayer by the director general of taxes as referred to in article 36 paragraph (1) letter d of the kup law. an example of a case related to a taxpayer's lawsuit on the decree of the director general of taxes regarding the cancellation of tax assessment on underpayment tax assessment based on article 36 paragraph (1) letter d because taxpayer applications can be seen in the tax court decision number put-009908.99 / 2019 / pp /m.iiia 2020. in the tax court decision number put-009908.99 / 2019 / pp / m.iiia 2020, it can be clearly identified in the decidendi ratio that underlies the decision of the tax court judge council. does pmk 184 / pmk.03 / 2015 provide sufficient legal protection for taxpayers in facing tax audits? ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 basically, the scope of the inspection covered in pmk 184 / pmk.03 / 2015 is as stated in article 2 concerning audit objectives, namely to test the compliance with taxation obligations and / or for other purposes in implementing the provisions of tax laws and regulations (nasution, 2020). structurally, pmk 184 / pmk.03 / 2015 is prepared in detail as follows: chapter i general provisions chapter ii purpose of audit chapter iii audit to test compliance with taxation obligations part one scope, criteria and types of examination part two examination standards part three obligations and authorities of the tax auditor part four rights and obligations of taxpayers part five audit period part six examination completion part seven sp2 and letter containing changes to the tax auditor team part eight audit notification and summons, and meeting with taxpayers part nine document borrowing tenth part of the sealing part eleven rejection of audit part twelve explanation of taxpayers and request for information from third parties part thirteen notification of audit results and final discussion of audit results part fourteenth reporting on the results of inspection and returning documents fifteenth part cancellation of audit results part sixteenth disclosure of invalid tax completion during the audit part seventeenth preliminary evidence audit proposal and audit suspension part eighteenth re-examination chapter iv examination for other purposes part one scope, criteria and types of examination part two examination standards part three obligations and authorities of the examiner part four rights and obligations of taxpayers part five audit period ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 part six sp2 and a letter containing changes to the examining team part seven audit notification and summons part eight lending documents part nine audit refusal part ten explanation of taxpayers and third parties chapter v submission of audit questionnaires chapter vi other provisions chapter vii transitional provisions chapter viii closing provisions. based on the description above, it appears that the examination referred to in pmk 184 / pmk.03 / 2015 is divided into 2 groups of examinations, namely examination to test compliance with taxation obligations (chapter iii) and examination for other purposes (chapter iv). what is meant by audit for other purposes is an audit carried out for the purpose of providing an npwp in an ex officio, eliminating npwp, affirming or revoking the confirmation of a taxable entrepreneur, a taxpayer submitting an objection and so on, in addition to an examination to test compliance with taxation obligations. money audits generally carried out by tax auditors are audits to test taxpayer compliance with tax obligations. in the audit to test compliance with taxation obligations, as shown in the description above in chapter iii which contains eighteen sections, the director general of taxes has attempted to describe in detail the matters related to the tax audit, including the rights and obligations of the tax auditor as well as the rights and obligations of the taxpayer. tax. however, as in the description of the previous section in this paper, irregularities occurred by the tax auditor in responding to the existing field conditions. as in the case in the explanation of the first problem in this paper, the tax auditor simply does not follow the procedure for issuing the audit result final discussion invitation. the following will be discussed part by part of chapter ii: part one, contains 2 articles, namely article 4 and article 5, outlining the scope, criteria and types of examination. related to types of inspection, it is divided into two, namely field inspection and office inspection. part two, consisting of 5 articles, namely articles 6 to 10, describes the inspection standards regarding the examiner standards and the examination implementation standards. the third part, consisting of 2 articles, namely article 11 and article 12, describes the tax auditor's obligations and authorities. the fourth part, consisting of 2 articles, namely article 13 and article 14, describes the rights and obligations of the taxpayer. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 27 the fifth part consists of 5 articles, namely articles 15 to 19, outlining the audit period. the period of testing for this type of field audit is no longer than 6 months since the field inspection notification letter is submitted to the taxpayer until the date the sphp is submitted to the taxpayer. this period can be extended for a maximum of 2 months if the field audit is related to the cooperation contract contractor taxpayer oil and gas, taxpayers in one group or indicated to have conducted transfer pricing transactions or indicated that they have manipulated financial transactions can be extended for 6 months and can be extended for a maximum of 3 times. whereas for the office audit type, the period of testing is no longer than 4 months, calculated from the date the taxpayer arrives and fulfills the summons for office audit until the date the sphp is received by the taxpayer. this period can be extended by 2 months. if the extension of testing period for both field audit and office audit has ended, the sphp must be submitted to the taxpayer. the sixth part, consisting of 4 articles starting from article 20 to article 23, describes the completion of the audit by stopping the examination by making a simur lhp or making khl as the basis for issuing a tax assessment. the seventh part, consists of 1 article, namely article 24, outlines the sp2 and the letter containing the changes to the tax auditor team. the eighth part, consisting of 3 articles starting from article 25 to article 27, describes the notification and summons for audit, and meeting with taxpayers. the ninth part, consisting of 4 articles starting from article 28 to article 31, describes the borrowing of documents. if after 2 weeks the documents requested to be loaned have not been submitted, a first warning letter will be issued and within 3 weeks from the first warning letter, if the documents are not loaned, a second warning letter will be issued. and if after 1 month since the warning letter, the two documents are still not lent, an official report of not fulfilling the request for borrowing books, notes and documents will be made. the tenth part, consisting of 4 articles starting from article 32 to article 35, describes the sealing, which is the authority of the tax auditor in order to obtain or secure books, records and / or documents, including data that is managed electronically and other objects that can be provide instructions regarding the business activity or work of a taxpayer that is inspected so as not to be moved, removed, destroyed, altered, tampered with, exchanged or falsified. the eleventh part, consisting of 3 articles starting from article 36 to article 38, contains the refusal of examination. part twelfth, consisting of 2 articles, namely article 39 and article 40, describes the explanation of the taxpayer and requests for information from third parties. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 28 part thirteen, consisting of 17 articles starting from article 41 to article 57 describes the notification of audit results and final discussion on audit results, starting from the submission of the sphp attached with a list of findings, written responses by the taxpayer, discussion with the tax auditor team, discussion with the quality team assurance in case the taxpayer wishes it, preparation of minutes of final audit result discussion. part fourteenth, consisting of 2 articles, namely articles 58 and article 59, describes the reporting of the audit results and returning documents. the fifteenth part, consisting of 1 article, namely article 60, outlines the requirements for the cancellation of the audit result tax assessment. the sixteenth part, consisting of 2 articles, namely articles 61 and article 62, discusses the disclosure of unauthorized filling of tax returns during audit. taxpayers are given the right to make written disclosures if there is an incorrect filling of the tax return that has been submitted. part seventeen, consisting of 5 articles, namely articles 63 to article 67, discusses the proposal for preliminary evidence examination and suspension of examination. in the event that the tax auditor proposes to conduct preliminary evidence audit of the taxpayer being examined, the tax audit that is being carried out will be subject to audit suspension. in the event that no evidence is found of any tax crime, the tax audit will be continued. the eighteenth part, consisting of 1 article, namely article 68, discusses the re-audit which can only be carried out based on the instruction or approval of the director general of taxes. based on the descriptions of parts one to eighteen, if observed there is an incomplete arrangement in the fifth section regarding the audit period. even though it has been regulated in article 19 paragraph (1) which states "if the period of extension of the field audit examination as referred to in article 16 paragraph (1) or paragraph (3) or the extension of the office audit period as referred to in article 17 paragraph (1) has ends, the sphp must be submitted to the taxpayer. in practice, there are a lot of audits that have exceeded the said time limit, either because the tax auditor has undergone several changes or the tax auditor is the same tax auditor, but when the time limit exceeds the time limit and does not immediately issue the sphp, or after a period of 1 year has passed. or more still have not issued sphp, there is no clear result that occurs. or, if a tax audit has passed 18 months, the examiner has just issued sphp, there is no clarity about what the taxpayer can do that is protected by clear taxation legislation. as if there would be a legal vacuum, where the time limit for examination had already existed, the consequences of having passed the stipulated time limit had also been regulated, but if these consequences were not met, there was no legal clarity. legal vacuum according to the dictionary of legal terms is defined as a state of emptiness or absence of statutory regulations (law) that govern (certain) order in society [6]. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 29 thus it is clear that in pmk 184 / pmk.03 / 2015 there are still articles that do not protect the taxpayers themselves when the tax auditor violates the contents of the article, namely in part five concerning audit period, in particular article 19. 4. conclusion after elaborating at length the contents of regulation of the minister of finance number 184 / pmk.03 / 2015 concerning amendments to pmk number 17 / pmk.03 / 2013 concerning audit procedures in relation to legal protection for taxpayers in facing tax audit and several explanations in this regard, we submit the following conclusions: the form of legal protection for taxpayers in facing tax audits, in particular the tax audit on overpayment of tax returns is the certainty of the length of the audit period, namely 12 (twelve) months as regulated in article 17b paragraph (1) of the kup law. in addition, by understanding the order of the tax audit, the taxpayer can determine the right choice of legal remedies when there is a difference of opinion with the tax auditor. in pmk 184 / pmk.03 / 2015 there are still articles that do not protect the taxpayers themselves at times, namely in part five concerning audit period, in particular article 19. there is no firmness in the form of a verdict or firm consequences when the tax auditor ignores the length of time limit. the time for the tax audit as stipulated in the said pmk 184 / pmk.03 / 2015. references efendi, j., widodo, i. g., & lutfianingsih, f. f. (2016). dictionary of popular legal terms: includes civil law, criminal law, administrative law & constitutional law, as well as international law with explanations and legal basis. prenadamedia group. hardiningsih, p., & yulianawati, n. (2011). factors affecting wtp. dynamics of finance and banking, 3 (1), 126–142. hasudungan, m. r. (2020). legal protection of well-known brands from the perspective of unfair business competition. pelita harapan university. indonesia, & murtopo, p. (2009). composition of one text of 8 (eight) tax laws and their explanations. mitra wacana media. nasution, n. r. (2020). legal protection for taxpayers in tax objection mechanism based on permenkeu no. 202 / pmk 03/2015. umsu. pandoman, a. (2017). discression in the law enforcement process of environmental governance (public space) on land commercialization. legal lenses, 7. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. santi, e., budiharto, b., & saptono, h. (2017). financial services authority oversight of financial technology (financial services authority regulation number 77 / pojk. 01/2016). diponegoro law journal, 6 (3), 1–20. tunçel, f. (2018). taxpayers’ rights during tax audit in turkey. public sector economics & development, 115. vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 15 issn print 2086-6852 and issn online 2598-5892 establishment of taxable entrepreneurs (pkp) forretail traders based on per-03/pj/2022 renny anggraeni 1* , mochamad saleh 1 faculty of law, narotama university, surabaya, indonesia * corresponding author e-mail: anggi_ryu@yahoo.com article history: received: january 10, 2023; accepted: march 21, 2023 abstract tax is one of the government's sources of income to carry out development and for that the state imposes it on its people. one type of tax is value added tax (ppn) where vat is a tax imposed due to the delivery of taxable goods (bkp) and/or taxable services (jkp). one of the vat subjects is a retail trader (pe), which is defined as carrying out a direct delivery transaction to the final buyer (end-user). based on tax regulation number per-03/pj/2022, the requirements to become a pe plus the submitted bkp/jkp are not used for production activities first. this study aims to find out whether the determination of the classification of pkp pe based on per-03/pj/2022 is in accordance with the vat law and the requirements for classifying pe have fulfilled the principle of fairness. this study uses a juridical-normative method with a statutory and conceptual approach. this research gives the result that the directorate general of taxes issues regulations based on the authority of a delegation from the minister of finance and its main task is to formulate and implement policies in the field of taxation. related to the additional conditions for determining pe, it deviates from the vat law because it is not regulated in the vat law, while the position of per03/pj/2022 based on state administrative law is a policy regulation (beleidsregel). based on article 8 of law no. 12 of 2011, per-03/pj/2022 does not include legal rules that are recognized by the legal system in indonesia but their existence is recognized because there is authority obtained (delegation) and when viewed from the principle of justice, the addition of these conditions has saved a sense of justice because it results in pe who should be included in the category are not classified as pkp pe so that they cannot enjoy the facilities as pkp pe based on the vat law. keywords: retail traders, per-03/pj/2022, tax justice 1. introduction tax is one of the main sources of government revenue in carrying out state development. the role of taxes for the state in indonesia is divided into two main functions, namely the budget function (budgetair) and the set function (regulating). in the budget function (budgetair), taxes are one of the sources of state revenue, to carry out routine tasks of the state and carry out development. tax is an obligation that must be paid by the public, both private and corporate, from their income or income to the government which is intended for development activities in all fields. in this country there are also many types of taxes which of course this can increase state revenue and with so many types of taxes that exist in indonesia, one of which is value added tax (vat) which is basically a consumption tax in the customs area of the unitary republic of the republic of indonesia. indonesia, the imposition of vat basically covers the entire delivery of goods and services. but based on considerationsocial, economy and culture whether or not to impose vat on certain goods and services. this is intended to encourage economic activity and social stability. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 16 issn print 2086-6852 and issn online 2598-5892 vat based on law number 83 of 1983 concerning value added tax (uu ppn) the definition is a tax that is imposed due to the consumption and delivery of taxable goods (bkp) and/or taxable services (jkp) within the customs area. based on the explanation above, for transactions on bkp and jkp that occur in indonesia, they are subject to vat so that the territorial scope of vat is the territory of the republic of indonesia which in taxation is referred to as the customs territory. the scope of areas that become customs areas based on the vat law are: 1) indonesian land areas; 2) indonesian territorial waters; 3) air space over indonesia; 3) certain places in the exclusive economic zone (eez) where the customs law applies; and 4) continental shelf in which the customs law applies. in this case all categories of entrepreneurs are subject to vat including retail traders, where the definition is entrepreneurs/traders who carry out trading activities by selling retail without a written order, or the transaction mechanism does not makepurchasing order (p/o) first as in the company and the consumer is the final consumer (end-user), for example market traders, online traders and others. because in general, end-users are retail buyers whose tax status is unknown, pkp retail traders are given the convenience of making combined tax invoices (the terms of which are covered or recapitulated, right). due to the complexity of the vat treatment for retail traders, this study took the research subject as retail traders regarding the obligation to make vat tax invoices. the criteria for retail traders based on se-55/pj/2021 itself are as follows: 1. pkp whose entire or one of their business activities or work is to deliver bkp and/or jkp to buyers of bkp and/or jkp recipients with the characteristics of final consumers, including in this case the delivery of bkp and/or jkp through electronic trading systems ( pmse). 2. retail traders as referred to in number 1 are pkps who in their business activities or work submit bkp and/or jkp in the following manner: a. through a retail sale place or service delivery place, including through the internet media, or directly from one end consumer place to another end consumer place, which may include shops, kiosks, outlets, certain media, and online shops; b. made without being preceded by a written offer, written order, contract, or auction, excluding written offers or written orders intended to provide information on goods and/or services, transaction settlement, delivery of goods, and other information regarding sale and purchase transactions, for example: leaflets , catalogs, proof of orders through pmse, and proof of delivery of goods; and c. in general, payments are made in cash, namely payments made by buyers with cash, debit cards, credit cards, electronic money, and/or other means of payment. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 17 issn print 2086-6852 and issn online 2598-5892 3. retail traders as referred to in number 1 are not determined based on the classification of business fields, but based on the transaction method referred to in number 2 to the end consumers. 4. pkp retail traders can make a tax invoice for the delivery of bkp and/or jkp without including information about the identity of the buyer and the name and signature of the seller in the case of delivering the bkp and/or jkp to the final consumer. 5. the tax invoice as referred to in number 4 contains at least: a. name, address, and taxpayer identification number of retail traders who submit bkp and/or jkp; b. the value of value added tax or value added tax and sales tax on luxury goods collected; and c. code and serial number determined by the retailer himself, as well as the date of the tax invoice. 6. tax invoices as referred to in number 5 may be in the form of cash receipts, sales invoices, cash register terms, tickets, receipts, or other similar proof of delivery or payment. a backed tax invoice is a collection of sales invoices (for example bills, receipts, tickets or similar proofs) which are then used in one calculation to create a tax invoice and report it online, so that the entrepreneur does not need to make a standard tax invoice every time a transaction occurs. , and for that it does not also require the identity of the buyer behind the name, npwp or other data. to be able to use a backed tax invoice, there are criteria that must be met in relation to the delivery of taxable goods and taxable services, namely: the issuance of tax invoices is borne solely to assist traders in carrying out vat collection and reporting obligations because for retail buyers it is very difficult to ask for npwp or nik or even when shopping they do not carry the documents as intended, while the government requires vat income as a contribution to country. the government's concern is manifested in the issuance of regulation of the director general of taxes number per/03/pj/2022 to be precise in article 25 which stipulates that the final consumer in question is a direct consumer of bkp and/or jkp and the buyer does not use the bkp and/or jkp. for its business activities. the criteria above are the problem in this research because it is not easy to find out whether the consumer is the final consumer or not, does the seller have to first ask what is the purpose of the buyer to obtain the taxable goods and/or taxable goods? of course it is impossible, therefore the author raises the theme of this research, namely "determination of taxable entrepreneurs (pkp) for retail traders based on the regulation of the director general of taxes number per/03/pj/2022". http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 18 issn print 2086-6852 and issn online 2598-5892 2. research methods this research uses previous research 1. research by (hanifah, 2020), with the title implementation of the use of total tax invoices for the delivery of taxable goods by cv. "x" (case study on cv. x in kpp microtax), where this research takes the object of research is the use of tax invoices totaled by nonretail taxable entrepreneurs. the conclusions of the study are: in the tax regulations, tax invoices are backed up as tax invoices used by retail traders taxable entrepreneurs. however, in practice in the field, there are many pkp non-retail traders who carry out retail transactions. one of them is cv. "x", this is because there are no rules that specifically regulate tax invoices that are used between pkp retail traders and non-retail traders. in practice in the field, pkp non-retail traders who have a form of transaction such as pkp retail traders can use tax invoices that are backed. this is due to facilitate buying and selling transactions carried out to customers who are categorized as final consumers. in addition to transactions carried out as retail traders, pkp must still issue a tax invoice in accordance with article 13 of the law on value added tax. 2. penelitian and (sabami, 2020), with the title application of tax policy related to tax invoices paid on pt. ss, where in this study the research focus is on the application of tax invoices carried by pt. ss. the conclusion in this study is that pt. ss has implemented a tax policy related to the issuance of tax invoices in accordance with article 13 paragraph (5) of law number 42 of 2009. however, in practice there was an error made by the management of pt. ss related to the tax invoice was backed up in the february 2016 transaction resulting in the risk of underpayment and the appearance of a tax invoice from the tax office. the results of the research above use the case study method with a focus on implementing tax invoice tax policies that are covered by companies, while research by researchers focuses on analyzing the per-03/pj/2022 rules as a basis for carrying out tax invoices that are supported by applicable legal theory. this is a differentiator between the research above and that of the researcher so that the originality requirements can be fulfilled and this research can be continued. classification of end consumers based on director general of taxes regulation per03/pj/2022 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 19 issn print 2086-6852 and issn online 2598-5892 definition of value added tax according to law no. 42 of 2009 concerning the third amendment to law number 8 of 1983 concerning value added tax on goods and services and sales tax on luxury goods, value added tax (vat) is "tax on the consumption of goods and services in the customs area is collected in stages on each production and distribution line.” according to (tiraada, 2013) , ppn and ppnbm are taxes collected by the state based on domestic consumption (within the customs area), both consumption of goods and consumption of services. according to sukardji, the collection of taxes on consumption by individuals and entities, private and government, in the form of spending on goods or services is charged to the state budget. based on the object subject to vat is the consumption of goods and services, vat can be freely interpreted as a tax for the added value of a good or service. mathematically, the increase in value or added value of a good or service can be calculated from the sales value/price minus the purchase price/value, so that one element of added value is the expected profit (huda, 2017). according to mardiasmo that when viewed from a historical angle that vat is a substitute for sales tax where this is because sales tax is no longer able to accommodate community activities (citizens) and for that it has also not reached the target of development needs, among others to increase state revenues, encourage exports and the distribution of tax burden. legal basis for value added tax since april 1, 1985, the government of indonesia has implemented a vat collection system for the sale of taxable goods and services, while luxury goods sales tax (ppnbm) has also been added to luxury goods. the legal basis for vat is law no. 8 of 1983 was later changed to law no. 11 of 1994, and the last one was amended again by law no. 18 of 2000 concerning value added tax on goods and services and sales tax on luxury goods. specialist rules for the last implementation are regulated in law no. 42 of 2009 which took effect on april 1, 2010. on october 29, 2021, the government together with the dpr promulgated law no. 7 of 2021 concerning harmonization of tax regulations, where in one law this concerns many things in the country's economic system, in this case including for vat. vat is the official state withdrawal (tax) that is charged for the delivery of taxable goods/services in the customs area carried out by the manufacturer, main dealer or main agent, importer, patent/trademark holder of said taxable goods/services. or vat is the official withdrawal of the state for the consumption of goods or services in the customs area carried out by individuals or by entities. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 20 issn print 2086-6852 and issn online 2598-5892 vat according to wiston manihuruk in the vat book principal changes according to law no. 42 of 2009 states that "vat is a consumption tax on goods and services in the customs area which is carried out in stages in each line of production and distribution". what is meant by customs area is the sovereign territory of the republic of indonesia which includes space over land, sea and air as well as certain places in the economic zone and continental shelf that are subject to customs law. vat is a form of indirect tax, where the tax is paid by other parties (traders) who are not subject to tax or in other words, the taxpayer does not submit the tax borne directly. subject to value added tax a. businessman in article 1 number 14 of the vat law that "people or entities stated in point 13 of the vat law which in their trade or professional activities produce, import, export, trade, process intangible goods from outside the customs area, run a service business or using services from outside the customs area. in article 1 number 15 of the vat law, a taxable entrepreneur (pkp) is an entrepreneur who delivers taxable goods (bkp)/taxable services (jkp) which are subject to tax based on the vat law, do not include small businesses whose criteria are stipulated by a decree of the minister of finance, except for small entrepreneurs who voluntarily are confirmed as pkp. b. small entrepreneur based on the vat act, small entrepreneur is 1. individuals/legal entities submitting bkp/jkp within 1 fiscal year and gross revenue circulation of not more than idr 600,000,000. 2. even though the gross circulation in 1 financial year is not more than rp. 600,000,000, small entrepreneurs can choose to be confirmed as pkp. 3. small entrepreneurs who have exceeded idr 600,000,000 in a tax period are obliged to ask to be confirmed as pkp, no later than the end of the month after this figure is reached. 4. if the report is not on time, then when the inauguration is at the beginning of the following month after the end of the following month, the entrepreneur must report the results of the business carried out. 5. if the pkp inauguration is carried out in a position, then the time of inauguration is the beginning of the following month after the business report is posted. according to pmk no. 197/pmk.03/2013 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 21 issn print 2086-6852 and issn online 2598-5892 small entrepreneurs are entrepreneurs who deliver taxable goods or taxable services (bkp/jkp) with total gross sales/receipts of up to rp. 4,800,000,000.-. the amount of gross income is the number of bkp/jkp certificates submitted by the entrepreneur while running his business. if an entrepreneur has been confirmed as a pkp but the total gross turnover and/or gross revenue in one financial year does not exceed idr 4,800,000,000.00, the pkp can apply for the revocation of the confirmation as a pkp. small entrepreneurs do not need to report their business to be certified as pkp, and for this they do not need to collect, register and report vat and ppnbm payments. small entrepreneurs have a legal basis related to taxation which is regulated and discussed in pmk no. 68/pmk.03/2010 concerning limits of small entrepreneurs. as previously explained, that not all small entrepreneurs are pkp, but small entrepreneurs can register voluntarily to become pkp if they choose to be confirmed as pkp or fulfill the requirements as pkp. small entrepreneurs are required to report their business and be confirmed as pkp if in a financial year the gross receipts have exceeded idr 4,800,000,000.-. small entrepreneurs who have been confirmed as pkp are required to: · collecting vat from consumers. · report periodic vat spt for each tax period. small entrepreneurs who register as pkp, generally are entrepreneurs who work with three parties as follows: · government treasurer as vat collector. · soes as vat collectors. · private companies that want input tax from the results of transactions. c. not a taxable entrepreneur (non pkp) 1. anyone who imports bkp; 2. anyone who uses bkp/jkp from outside the customs area within the customs area; 3. whoever builds himself. value added tax objects a. taxable goods (bkp) bkp can be put into 2 categories: (1) tangible goods which according to their nature or law can be in the form of movable goods which are subject to vat or immovable goods which are subject to vat; (2) intangible goods subject to vat. vat is imposed on: 1. submission of bkp within the customs area carried out by entrepreneurs; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 22 issn print 2086-6852 and issn online 2598-5892 2. import of taxable goods; 3. submission of intangible bkp from outside the customs area within the customs area; 4. utilization of intangible taxable goods from outside the customs area within the customs area; 5. utilization of jkp from outside the customs area within the customs area; 6. export of taxable goods by pkp; 7. self-development activities not to engage in business/work activities by individuals/entities whose results are for the benefit of themselves or other parties; 8. delivery of assets by pkp that are not used for trading as long as the vat paid at the time of purchase can be credited. b. taxable services (jkp) jkp are all services based on agreements or legal actions that provide goods or facilities or rights, including services for making goods ordered or requested with materials and at the order of the customer, which according to law are subject to vat and ppnbm. retail trader in this case all categories of entrepreneurs are subject to vat including retail traders, where the definition is entrepreneurs/traders who carry out trading activities by selling retail without a written order, or the transaction mechanism does not make a purchasing order (p/o) earlier as in the company. so in this case the consumer is the final consumer (end-user), for example market traders, online traders and others. because in general, end-users are retail buyers whose tax status is unknown, pkp retail traders are given the convenience of making combined tax invoices (which the terms are covered or recapitulated, right). the criteria for retail traders based on se-55/pj/2021 itself are as follows: 1. pkp whose entire business or one of them is in the form of providing bkp and/or jkp to buyers of bkp and/or jkp that have end user characteristics, including in this case bkp and/or jkp through electronic trading systems (pmse) or online. 2. retail traders as referred to in number 1 are pkp who submit bkp and/or jkp in the following manner: a. through a place of retail sale or place of service delivery, including those carried out through the internet media, which go directly to the final consumer or go directly from one place of the final consumer to another place of the final consumer, which may include shops, kiosks, outlets, certain media, and online shop; b. made without being preceded by a written offer, written order, contract, or auction, excluding written offers or written orders intended to provide information on goods http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 23 issn print 2086-6852 and issn online 2598-5892 and/or services, transaction settlement, delivery of goods, and other information regarding sale and purchase transactions, for example: leaflets , catalogs, proof of orders through pmse, and proof of delivery of goods; and c. in general, payments are made in cash, namely payments made by buyers with cash, debit cards, credit cards, electronic money, and/or other means of payment. 3. retail traders as referred to in number 1 are not determined based on the classification of business fields, but based on the transaction method referred to in number 2 to the end consumers. this is confirmed through the director general of taxes regulation no. per03/pj/2022 (per-03/2022), the determination of the category of retail traders is not based on business field classification (klu) and each klu (type of business) can be categorized as a retail trader, as long as it meets the requirements. 4. pkp retail traders can make tax invoices for the delivery of bkp and/or jkp without the identity of the buyer and the name and signature of the seller for the delivery of bkp and/or jkp to the final consumer. 5. the tax invoice referred to in number 4 above contains at least: a. name, address and taxpayer identification number (npwp) of retail traders who submit bkp and/or jkp; b. value of value added tax or value added tax and sales tax on luxury goods collected; and c. the code and serial number determined by the retailer themselves, as well as the date of the tax invoice. tax invoices as referred to in number 5 include but are not limited to: cash receipts, sales invoices, terms of cash registers, tickets, receipts, or other similar proof of delivery or payment. what is meant by "final consumers" are buyers who directly consume goods and which are not used or used for production or commercial activities. pkp category for retail traders pkp retail traders can be said to be divided into two, namely entrepreneurs who have met the requirements as pkp and entrepreneurs who actually do not meet the requirements to become pkp but choose to be confirmed as pkp. pkp included in the category of entrepreneurs who have met the requirements to become pkp are medium/large companies, which carry out business activities in the delivery of bkp in retail. the most common line of business is supermarkets or large bookstores, whereby the delivery of bkp is carried out in retail. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 24 issn print 2086-6852 and issn online 2598-5892 meanwhile, retail entrepreneurs who are not yet included in the pkp category but choose to be confirmed as pkp retail traders can take the form of shops selling retail. the reason for entrepreneurs who, although not yet in the pkp category, choose to be confirmed, is because with pkp status, these entrepreneurs are more flexible in making transactions, for example becoming pkp partners. the legal basis for pkp for retail traders is law number 42 of 2009 or the vat law and government regulation (pp) number 1 of 2012, which specifically describes the meaning of pkp for retail traders and the obligations attached to the pkp status for retail traders. meanwhile, regulations regarding tax reporting regarding the use of tax invoices for pkp retail traders are regulated in per-58/pj/2010 concerning forms and sizes of forms and procedures for filling information on invoices for retail traders taxable entrepreneurs. regulation of the director general of taxes number per-03/pj/2022 is a policy regulation (policy rule) beleidsregel is a deviation from the administrative authority of the state, part of the government's free authority (free discretion), wherefree discretion in german comes from the wordfree which means free, loose, not bound, and independent.free means free people, not bound and independent. whereasdiscretion means considering, assessing, guessing and estimating.free discretion means people who have the freedom to judge, suspect and consider something (lukman, 1996). when connected to our country,free discretion emerged simultaneously with the assignment of tasks to the government to realize the goals of the state as stated in the fourth paragraph of the opening of the 1945 constitution, which emphasized "to form an indonesian state government, which protects the entire indonesian nation and all of indonesia's bloodshed, and to promote general welfare, educate the lives of nation and participate in carrying out world order based on freedom, lasting peace and social justice.” however, when referred to law in indonesia, policy regulations will not be found, both in law no. 12 of 2011 concerning the formation of legislation as well as in law no. 30 of 2014 concerning government administration (apem law). the absence of formulating the meaning of policy regulations within the framework of positive law, has sufficiently explained that policy regulations (policy rule) is not an interesting and quite important legal issue for legislators in indonesia. because the main task of government in the conceptionwelfare state if it provides services for citizens, then the principle arises "the government may not refuse to provide services to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 25 issn print 2086-6852 and issn online 2598-5892 community on the grounds that there are no laws governing it." it should be the duty of the government to find and provide a solution according to principlefree discretion given to him. even though the government is given free authority orfree discretion without normative rules, but in a country the laws of usefree discretion this must be within the limits permitted by applicable law. usefree discretion must be limited so that the state does not become arbitrary towards the people, these restrictions are (basah, 1997). 1. must not conflict with the applicable legal system (positive legal rules). 2. only intended for the public interest. sajran basah [7] stated that implementationfree discretion must be able to be morally accountable to god almighty, uphold the dignity and degree of human dignity, as well as the values of truth and justice, prioritizing unity and oneness, for the common good. so for that then the relationship between regulation and policyfree discretion like the relationship between a child and a mother. or it can be said that policy regulations are a species form of embodiment policyfree discretion. free discretion law itself was born consciously by the makers of laws and regulations because they could not regulate it thoroughly and precisely, so that the state administration was given freedom to determine for themselves what should be done. if so,free discretion itself cannot be categorized as statutory regulations, moreover policy regulations cannot really be called part of and form statutory regulations. in the provisions of article 1 number (9) of the apem law, it only formulates the meaning of discretion, in fact, it is a conceptfree discretion (discretion) actually has a broader meaning than policy regulations. discretion isgenus of policy regulations and vice versa policy regulations arespecies from discretion. the existence of policy regulations because of previous discretion or policy regulations born as a result of the use of discretionary authority. in other words, the existence of discretionary authority does not depend on policy regulations but vice versa. as mentioned above, discretionary authority does not only produce policy regulations, it can also produce concrete forms of government action (actual actions) or laws and regulations. asspecies fromdiscretionthen the field of enforcement of policy regulations is in the field of 'management” (management area) and the limits are within the legal framework (mutalib, 2017). it has been stated that policy regulations do not originate from a legislature's authority (legislator) and if formal criteria are used it is not included in statutory regulations. indroharto said that the content of the policy regulations is the implementation or elaboration of further policies of discretionary authority that has and must be carried out by tun bodies or officials as government officials, therefore it is called policy regulations (policy rule). with regard to the emergence of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 26 issn print 2086-6852 and issn online 2598-5892 policy regulations, ridwan said that the emergence of policy regulations was caused by several possibilities, namely: “consideration of the various possibilities (the balancing of interests), the absence of legislation (no legal requirements exist), discovery of facts (determination of facts), explanation of laws and regulations (of explanation of legal requirements), and interpretation of the law (law interpretation).” currently, some policy regulations are pure regulations and generally apply, and some are not in the form of pure regulations and are not too general in nature, but only institutional in nature and apply internally. j.h. van kreveld argues, the main characteristics of policy regulations are (lukman, 1996). 1. the formation of policy regulations is not based on strict provisions originating from the attribution or delegation of laws. 2. its formation can be written or unwritten, which originates from the free-form authority of government agencies or is only based on provisions of laws and regulations that are general in nature which provide discretionary space for administrative bodies or officials to on their own initiative take public legal actions that are regulatory or determination. 3. the editorial content of the regulations is flexible and general without explaining to the community members how government agencies should exercise their free authority over the community members in situations determined (subject to) a regulation. 4. editors of juridical policy regulations in the netherlands are formed according to the usual statutory format, and are announced officially in government periodicals, even though their preamble does not refer to a law that authorizes the establishment of the relevant government agency. 5. the juridical format can also be determined by officials or state administrative bodies who have the discretion for it. it is the existence of these characteristics that distinguishes policy regulations from pure laws and regulations which are clearly, expressly, and clearly ordered to be formed by higher level laws and regulations (attribution and delegation in nature). even though policy regulations are different from pure laws and regulations, in practice legally they are enforced and implemented as usual laws and regulations. according to belinfante, that policy regulations are not statutory regulations, but in many cases policy regulations also have the character of statutory regulations such as being generally binding where the public has no other choice but to obey them. next is (lubis & maswandi, 2022), illustrates that in terms of form and format, policy regulations resemble statutory regulations complete with an opening in the form of "considering" http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 27 issn print 2086-6852 and issn online 2598-5892 preambles and a "remembering" legal basis, the body of which is in the form of articles, parts of chapters and closings. ideal policy regulations are only those that are limited in character to state administration such as work guidelines, implementation guidelines (juklak), technical instructions (juknis), circular letters (se), announcements only apply internally institutionally, so it is hoped that they will not disrupt the structure and hierarchy of statutory regulations existing invitations. hamid attamimi argued that laws and regulations are one of the powerful methods and instruments available to regulate and direct people's lives towards the expected goals. [16] in practice, this is exactly what legislators do, because now the power to form laws is primarily to provide direction and indicate the way for the realization of the ideals of national life through the laws they form. article 7 paragraph 4 of law no. 10 of 2004 can be used as a basis for determining a forum for making laws outside the hierarchy of statutory regulations, and in the end it is classified as pure statutory regulations or classified as policy regulations.(policy rule). policy regulations originate fromfree discretion which has the core of free action of state administration and is necessary in accordance with the demands of life and the needs of society. but on the other hand it is very dangerous for the continuity of the rule of law if it is used excessively and does not get supervision and control in its application. conditions like these are to be maintained so that the existence of the indonesian rule of law is not threatened by the presence of policy regulations, which in practice governance is really needed. government organs or administrative bodies that formulate their discretion (discretion) in written form will generally become a policy regulation. it is said in general because it is not always the government's actions on the basis of discretion that produce policy regulations. can only government action based on discretion (discretion) gave birth to laws and regulations. [17] or produce the form of real actions of the government (actual actions). government organs are given discretionary authority to dynamize the implementation of laws that are general and abstract in nature, which do not always thoroughly regulate the problems that arise, then lead to a legal vacuum (gaps). all of these can be completed and answered by policy regulations (policy rule). in fact, policy regulations do not only fill legal voids and guarantee flexibility in administering government, but also act as instruments for fulfilling citizens' rights in order to realize social welfare within the framework of a rule of law. policy regulations do not originate from a legislature forming authority (legislator) and if formal criteria are used it is not included in statutory regulations. related to this, indroharto said that the content of the policy regulations is the implementation or elaboration of further policies of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 28 issn print 2086-6852 and issn online 2598-5892 discretionary authority that has and must be carried out by tun bodies or officials as government officials, therefore it is called a policy regulation.policy rule). thus, the policy regulation (policy rule) cannot be seen as part of statutory regulations (general binding regulation), even though the content of the payload is general (general purpose) as is the case with ordinary laws and regulations. that government organs or positions in carrying out their duties are attached to legislative authority (delegated legislation) (fendri, 2011), either in the form of issuing regulatory legal products (regulation), results (order) and policy regulations (policy rule). as already mentioned, the government's legislative authority, apart from relying on statutory regulations (the principle of legality), is also based on government discretion (discretion). according to philipus m. hadjon, products such as policy regulations are inseparable from usagediscretion. [21] administrative bodies or organs that formulate their discretion (discretion) in written form will generally become a policy regulation. it is said in general because it is not always the government's actions on the basis of discretion that produce policy regulations. can only government action based on discretion (discretion) gave birth to laws and regulations (sianturi, 2017), or produce forms of real government actions (actual actions). that in conclusion, policy regulations are a means for the government to implement laws in order to reach the public so that the goals of the indonesian nation are achieved. whereas policy regulations are not part of the law, so they must be made by tun officials and are concrete on an issue and binding on the organs below them. in order not to become tyrannical, policy regulations must meet the following requirements: 1. must not conflict with the basic regulations that contain discretionary authority; 2. in accordance with common sense; 3. should be carefully prepared, seeking expert advice from regulatory authorities where necessary, consulting interested parties and examining available options; 4. the contents of the policy must clearly state the rights and obligations of each member of the community and there must be certainty about the actions of the competent authorities (formal legal certainty); 5. this opinion does not have to be detailed, as long as the purpose and reasons for carrying out the review are clear; and 6. the requirements for material legal certainty must be obeyed, meaning that the rights of citizens who have been eroded must be respected, then the expectations given cannot be denied. establishment of directorate general of tax regulations in the indonesian legal system http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 29 issn print 2086-6852 and issn online 2598-5892 the directorate general of taxes (directorate general of taxes) is an echelon i unit under the ministry of finance (ministry of finance) which has the task of formulating and implementing technical standardization policies in the field of taxation. the functions of the directorate general of taxes are: 1. formulation of policies in the field of taxation; 2. implementation of policies in the field of taxation; 3. compilation of norms, standards, procedures and criteria in the field of taxation; 4. providing technical guidance and supervision in the field of taxation; 5. implementation of monitoring, evaluation, and reporting in the field of taxation; 6. administration of the directorate general of taxes; as well as 7. implementation of other functions given by the minister of finance (menkeu). figure 1. position of directorate general of taxes in order to carry out its functions, the directorate general of taxes issues products in the form of regulations, circulars, operational guidelines and so on which are internal and external in nature, the essence of which is to implement laws and decrees/regulations of the minister of finance. whereas in terms of position, the directorate general of taxes is echelon i, which means that institutionally it is under the minister of finance, which means that its task is only as the executor of ministerial rules or decisions and does not make rules that violate the rules above it and for that it is accountable to its superiors, namely the minister of finance. however, with the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 30 issn print 2086-6852 and issn online 2598-5892 authority they have to handle the field of taxation, the directorate general of taxes then makes regulations that are regulatory in nature and are aimed at leaving (the public) which also contain sanctions in the form of administrative or fines. authority of the directorate general of taxes the authority of the directorate general of taxes to carry out the formulation and implementation of policies in the tax sector in accordance with the provisions of laws and regulations is derived from regulation of the minister of finance number 217/pmk.01/2018 concerning the organization and work procedure of the ministry of finance as amended byregulation of the minister of finance number 87/pmk.01/2019 about changes aboveregulation of the minister of finance number 217/pmk.01/2018 concerning the organization and work procedure of the ministry of finance and lastly amended byregulation of the minister of finance number 229/pmk.01/2019 regarding the upper second amendmentregulation of the minister of finance number 217/pmk.01/2018. so if it is drawn from the theory of authority, the type of authority obtained by the directorate general of taxes includes delegation authority. in the perspective of administrative law regarding the source of authority or concrete actions to make arrangements or issue state administrative decisions, it can be based on the authority obtained by the attribution of delegation. according to philipus m. hadjon, the way to obtain the authority itself is put forward in two ways, namely the acquisition of attribution and delegation, while the mandate is put forward as a separate method. to obtain authority, this opinion is in line with hans van maarseveen's opinion that in carrying out as well as in the mandate. regarding the characteristics of delegation in authority according to j.b.j.m tenge as quoted by philipus m. hadjon are as follows (kusumohamidjojo, 1999): 1. the delegation must be definitive, meaning that the delegates cannot use the delegated authority themselves; 2. delegation must be based on the provisions of laws and regulations, meaning that delegation is only possible if there are provisions for that in laws and regulations; 3. delegation is not to subordinates, meaning that in a staffing hierarchical relationship no delegation is permitted; 4. the obligation to provide information (explanation) means that delegates have the authority to ask for clarification regarding the executor of said authority; 5. policy regulations mean delegans about the use of that authority. in accordance with the nature of the authority obtained, the directorate general of taxes in making rules must comply with the decision of the delegation, namely the minister of finance. [26] http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://pajak.go.id/sites/default/files/2021-04/217_pmk.01_2018per.pdf https://pajak.go.id/sites/default/files/2021-04/217_pmk.01_2018per.pdf https://pajak.go.id/sites/default/files/2021-04/87_pmk.01_2019per.pdf https://pajak.go.id/sites/default/files/2021-04/217_pmk.01_2018per.pdf https://pajak.go.id/sites/default/files/2021-04/229_pmk.01_2019per.pdf https://pajak.go.id/sites/default/files/2021-04/229_pmk.01_2019per.pdf https://pajak.go.id/sites/default/files/2021-04/217_pmk.01_2018per.pdf vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 31 issn print 2086-6852 and issn online 2598-5892 and in the form of implementation of the delegation, the directorate general of taxes has the right to formulate and make special regulations in the field of taxation, namely regarding procedures for collecting taxes, and these rules should be returned to the delegate giver because the minister of finance has the right to carry out tax affairs in government. the strength of the rules made by the directorate general of taxes is not as strong as the laws and regulations as stipulated in law number 12 of 2011 concerning the establishment of legislation (uu 12/2011). article 7 of law 12/2011 states that the types and hierarchies of laws and regulations in indonesia are: 1. the 1945 constitution of the republic of indonesia. 2. decree of the people's consultative assembly. 3. laws/government regulations in place of laws. 4. government regulations. 5. presidential decree. 6. provincial regulations, and 7. district/city regional regulations. for regulations made by the minister, the legal force is recognized as long as the regulations are ordered by the laws and regulations specified above or the rules are formed based on the authority of the minister (from the president), as stated in article 8 paragraph (1) of law 12/2011 . whereas the conclusion from the authority of the directorate general of taxes is only to formulate and make tax rules to be continued to the minister of finance so that regulations are made by the minister, and to be implemented by the directorate general of taxes after the regulations have been made. and by law, the directorate general of taxes cannot make its own rules that are binding on the public. regulation of the director general of taxes number per-03/pj/2022 is not a law as mentioned above, the authority of the directorate general of taxes in indonesian governance is part of the ministry unit, so it is not possible for the directorate general of taxes to make general rules that are binding because the position of making rules that are legalized by law by the minister and the existence of the directorate general of taxes is formed from a minister of finance decree and not from a ministerial regulation where the legal force of the decision is concrete and only for certain. and as mentioned above regarding that there are rules that are not made by the competent authority in accordance with the order of legislation and these rules are usually regulatory or implementation of a law. in this case it is referred to as a policy regulation where this rule applies http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 32 issn print 2086-6852 and issn online 2598-5892 to certain matters and is concrete, namely about one thing only and an example of this policy regulation is the director general of taxes regulations. so that in state administrative law, the authority of the directorate general of taxes is only given the authority to make policies for the field of taxation, the implementation of which is through ministerial regulations that obtain delegates from laws. because the authority is only as a policy maker, the rules made by the directorate general of taxes do not include the statutory regulations in indonesia, and one of them is policy regulations. therefore, policy regulations are classified as policy regulations because these directorate general of taxes regulations only regulate certain matters that are within the jurisdiction of taxation and for that reason do not regulate other matters, and are made by tun officials and not the legislature. one of these policy regulations is the regulation of the director general of taxes number per-03/pj/2022 concerning tax invoices, which only regulates tax invoices and their mechanisms, so they will not regulate other matters and for this reason taxpayers must obey them. even though this policy regulation is not part of the legislation, its existence is acknowledged and its nature ('forced to') is binding on all parties regulated by it so that if it is not complied with, there will be sanctions received by the violator and that is administrative in nature. in this study, the focus is on article 25 per-03/pj/2022, namely regarding tax invoices for pkp pe, which states that all sales transactions carried out with end consumers can be classified as retail traders. where in accordance with article 2 paragraph (5) it explains that pkp pe is the one who delivers the bkp and/or jkp to the buyer of bkp and/or the recipient of jkp with the characteristics of being the end consumer, in this case the final consumer is mentioned in article 25 paragraph (2) namely : (a) bkp buyers and/or jkp recipients who consume directly for the bkp purchased and/or jkp received; and (b) bkp buyers and/or jkp recipients do not use or utilize the bkp and/or jkp for business activities. and for all activities or some of the activities carried out for end consumers are considered pkp pe. whereas in this case what is meant by not being used for business activities, is not explained further in the regulation resulting in a double interpretation for this matter, because the determination of pkp pe must cover both of these paragraphs namely the end consumer and not used for business. the problem that arises from the rule above is how can the seller know whether the goods are used for business or not? especially for sellers through an electronic system (online) where communication is only based on messages on each other's phones and rarely makes direct contact. in law no. 1 of 2012 (uu vat) only states that pe is a seller who sells directly to end consumers ordoor to door to the final consumer without any mechanism of bidding, ordering, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 33 issn print 2086-6852 and issn online 2598-5892 contract, auction or other written agreement and carried out bycash and carry. and the final consumer actually consumes directly from bkp and/or jkp without any production activities. the intent of the vat law above can be implemented for pe because with a direct contact mechanism pe can find out the condition of the bkp buyer and/or the jkp recipient (minollah, 2017). whereas in per-03/pj/2022, for online transactions, how can sellers find out the condition of their consumers whether they have more production activities or not for the goods they buy, for example, pe sells office supplies, such as paper, pens online and when there are buyers who contact online then pay so that the goods are sent to the buyer. when the buyer receives the item, it turns out that the office stationery is printed as a fulfillment of company x's order and is then sent to company x. in this case, a production event occurs from the buyer, namely printing stationery so that there is added value, so the question is whether the online seller can be categorized as as pe? and can i use the backed up tax invoice facility or a simple tax invoice? as mentioned in the discussion above, the regulations of the director general of taxes are included in the categorypolicy rulebecause it is not included in the order of legislation in indonesia, is a discretion from the existing legal rules, made and determined by tun officials and is concrete in nature, namely the executor of the law. included in this case per-03/pj/2022 is part ofpolicy rule mentioned, whereby the determination of pe is expanded to include online sales. previously, the explanation from pe was that sellers directly met with the end consumers (buyers of bkp and/or jkp recipients) with a mechanismcash and carry. that the position of beleidsregel in indonesia is the discretionary authority of tun officials implementing the law so that in fact the law is legally binding. with the condition that online sellers and buyers cannot meet in person and the payment mechanism is electronic cash (bank transfers,digital money) which is not regulated in the vat act, then the legal interpretation is that online sellers can be categorized as pe and can use taxation facilities in the form of simple or inflated invoices even though the bkp and/or jkp will be used in the production stage. but the treatment of pe as a pkp itself still refers to the conditions of the pkp, which is that the gross circulation for a year is above rp. 4,800,000,000,-. so when the gross circulation is below that figure, the pe is not included in the pkp classification. the conclusion of this chapter is that the legal position of per-03/pj/2022 ispolicy rule which are not included as statutory regulations that have binding power to the people of indonesia or in other words that per-03/pj/2022 is not part of the law. legal power ofpolicy rule only exists so that it should not have legal consequences for the people of indonesia. this is because the position of the director general of taxes is only as one of the echelon i institutions within the ministry of finance, which means that it is an assistant minister, so it is only responsible to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 34 issn print 2086-6852 and issn online 2598-5892 minister for carrying out its duties. because beleidsregel originates from feis ermessen, per03/pj/2022 is by nature made to deviate from the vat law, and based on article 8 paragraph (2) of law 12/2011, the position of per-03/pj/2022 is still recognized because there is delegation authority obtained directorate general of taxes. legal justice in per-03/pj/2022 for determination of retail traders justice theory (fairness theory) fairness derived from the english word which means fair, reasonable, and honest. in this case, saidfairness more aimed at the definition of fair. fair means balanced and impartial which can also be interpreted as fair. the choice of the word fair here is caused by the transition from english to the wordfairness into indonesian, where the word fair cannot be understood by everyone, especially when it is associated with taxation. kahar mansyur requires 3 (three) things in order to be called fair: [27] (1) fair is putting something in its place. (2) fair is right without getting more and giving to others without less. (3) justice is to anyone who has the right to give rights that are neither more nor less among those entitled in equal circumstances and to punish the wicked or those who break the law according to their mistakes and offences. the definition of justice according to satjipto rahardjo is a constant and unceasing desire to give each person what is their right. [28] this justice is a rational justice that does not require transcendental institutions, but instead rests on the human mind's understanding of the world of experience. aristotle as quoted by darji darmodiharjo argues "justice is a virtue related to human relations." the definition of fair has many meanings. according to law, fair can mean what is in proportion, ie. must. people who are fair when exercising their rights properly without harming others. according to aristotle, there are 2 (two) types of justice, namely: 1. distributive justice is justice that gives everyone a share according to their role. he does not demand that everyone gets an equal share, so not on the basis of equality but in proportion. 2. commutative justice, namely justice that gives each person the same amount regardless of their role. this type of justice requires equality. john rawls argues "in justice there needs to be a balance between personal interests and common interests. justice is an absolute value that must exist in human life to maintain human stability itself. [32] meanwhile, plato qualifies justice in three ways, namely: a. qualities or "traits" that are unique to each individual human being; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 35 issn print 2086-6852 and issn online 2598-5892 b. justice allows people to coordinate (organize) as well as place control limits on their "emotional" levels in an effort to adapt to the environment in which they associate; therefore, c. justice is something that allows humans to carry out their human nature in a complete and proper way. [33] in taxation, there are two kinds of justice: [34] 1. horizontal justice all people who have the same economic capacity or obtain additional economic capacity must be subject to the same tax. 2. vertical justice in essence, it relates to the obligation to pay taxes where the ability to pay is not the same, that is, the greater the ability to pay taxes, the greater the tax rate imposed. from the definitions of justice mentioned above, it can be believed that justice is very relative and subjective, so that to say justice can only be measured from a point of view that can be different from other points of view. in this study, the theory of justice functions as a theory that examines whether the existing tax system in the country works according to laws and standards that are in accordance with the criteria of fairness. in the context of taxation, equity is the exchange between the taxpayer and the government, namely what the taxpayer receives from the amount of tax paid by the government [35] . when taxpayers disagree with government spending policies or feel that they are not getting a fair return from the government on their tax payments, they feel pressured and change their minds about tax laws, which leads to their behavior, ie. report income less than their tax burden. should. there are two basic assumptions in justice theory, one of which assumes that the evaluation of justice is based on interpersonal trust to behave cooperatively in social institutions. second, many people are believed to use cognitive shortcuts to ensure that they are making fair judgments when making decisions about cooperative preferences [36] . this shows that the perception of justice towards a person influences how they behave when they want to be involved in government activities, and at the same time indirectly influences the behavior of everyone involved. this shows that a person's distrust of injustice moves from one person to another, for example someone feels that the tax burden that has been paid so far has not received a balanced benefit from the state, so in the next tax period that person lowers his taxes. tax. the tax burden should be a tax burden, and if the government does not know about it, other taxpayers consider it fair and legal, so that it greatly influences people's behavior which is quite significant. principle of tax fairness http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 36 issn print 2086-6852 and issn online 2598-5892 the principles of justice are principles where people who think rationally will be able to solve a problem without considering their own interests." [37] basically there are 2 (two) schools of thought in tax law related to tax justice, namely "the principle of benefits (benefit principle) and the ability to pay principle (ability to pay principle). these two principles look at tax justice from different perspectives, but basically they are closely related to the equality of taxation. the benefits obtained by certain taxpayers from government spending must be known beforehand, then the principle of benefits can be implemented. therefore it can be assumed that equal distribution in the economy already existed when this system was introduced. to apply the ability to pay principle, it is necessary to know how this ability is measured. and tools to testability to pay someone is: a. expenditure issued by a person reflects the ability to pay taxes. of course, tax collection is also proportional to the amount of spending done (expenditure). b. a person's net worth shows his ability to pay taxes.(property). c. assets that can generate income owned by a person, then he is considered capable of paying taxes. (product). d. the more a person's income, the more he is considered capable of paying taxes.(income). the tax system must be fair, of course everyone agrees, the problem is how to achieve tax justice. marihot pahala siahaan stated: "there are at least 3 (three) aspects of justice that must be considered at the time of taxation, namely: fairness in the preparation of the tax law, fairness in the application of tax provisions, and fairness in the use of tax money. [40] tax fairness for pkp retail traders in value added tax determination of the subject of vat for retail traders refers to the classification of small traders in the calculation of income tax, which in this case follows the limit of gross circulation of small traders, namely rp. 4,800,000,000. within the customs territory. where this is still added to the stipulation requirements contained in per-03/pj/2022, namely: article 2 paragraph (5) pkp that delivers the bkp and/or jkp to the bkp buyer and/or jkp recipient with the characteristics of the final consumer can make a tax invoice without including information regarding the identity of the buyer and the name and signature of the seller. article 25 (1) the delivery of bkp and/or jkp to the bkp buyer and/or jkp recipient with the characteristics of the final consumer as referred to in article 2 paragraph (5) is a delivery made in retail. (2) the characteristics of the final consumers as referred to in paragraph (1) include: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 37 issn print 2086-6852 and issn online 2598-5892 a. buyers of goods and/or service recipients directly consume the goods and/or services purchased or received; and b. buyers of goods and/or service recipients do not use or utilize the goods and/or services purchased or received for business activities. (3) pkp whose all or part of their business activities deliver bkp and/or jkp to bkp buyers and/or jkp recipients with the characteristics of final consumers as referred to in paragraph (2), including those carried out through trading through electronic systems, are pkp retail traders. (4) pkp for retail traders as referred to in paragraph (3) is not determined based on business field classification, but based on the transaction of delivery of bkp and/or jkp to bkp buyers and/or jkp recipients with the characteristics of the final consumer as referred to in paragraph (2). the above determination by the government provides a fair perception measure for the government to be categorized as pe, namely if the sale is carried out directly to the final consumer without going through the distribution chain like a company, as shown in traditional markets. and to this, the requirement is added that the bkp purchased and/or the jkp received is directly consumed by consumers without being used for business processes. the definition of a seller who is able to serve the end consumer without being reprocessed can then be considered a retailer and if he has been registered as a pkp, he is therefore entitled to receive tax facilities for retail traders, one of which is making tax invoices backed up for reporting vat obligations. because as a retailer, his economic capacity is very unstable, therefore the government also provides convenience if in the following year pe is unable to carry out retail sales activities to end consumers and the gross circulation value does not reach idr 4,800,000,000, then he can revoke his status as pkp. the above is the government's perception of fairness in the collection of vat for retail traders. but what about the perception of justice for the vat subject itself? because the person who can make the tax invoice be covered is the pe, while one of the requirements to be determined as a pe is that the final consumer does not use the taxable goods purchased and/or the taxable goods received for the production or business process. for traders who are involved in traditional markets and always meet physically with buyers, the status of using the goods purchased by consumers, whether they are consumed directly or not, must know because they already know the buyer or at least know the characteristics of the goods they sell and the transactions made are definitely cash (although there are also those who http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 38 issn print 2086-6852 and issn online 2598-5892 owe money but are still in cash). but what about online sellers who don't know their customers at all, can't they be declared as pe? because the final consumer's requirements use the conjunction "and" so the correlation is that both conditions must be met (roesli et al., 2017). if he cannot meet these requirements and his gross turnover exceeds idr 4,800,000,000 per year, then it is his obligation to report and ask to be confirmed as a pkp, because if the tax authorities finds that his turnover is like that, the pkp confirmation can be carried out by position and will be calculated backwards since the gross turnover is fulfilled for the obligation to pay and report vat (the calculation is also obtained by pkp who registered voluntarily). even though he has become a pkp, his status is not a pe so that whatever happens the obligation for vat must be carried out and the application for not becoming a pkp takes a longer process than a pe and this will definitely make it difficult for online sellers. even with the ease of making tax invoices covered, where by becoming a pe, pkp should not need to be complicated by making a list of sales and purchases by providing the full identity of the buyer and seller, at least as shown in the simple tax invoice. whereas actually making a tax invoice is made very easy for pkp pe because traders only make sales and purchases recapitulation for reporting output tax invoices and input tax invoices, so that the tax subject can carry out the recapitulation himself without the need for additional personnel who specifically record sales and purchases. the addition of the final consumer criteria requirements that those who do not carry out the bkp purchased and/or the jkp received for further business are deemed not to fulfill a sense of justice for sellers who wish to fulfill their tax obligations (vat). because with these conditions, the hope to be determined as a pe will be further away. when viewed from aristotle's theory of distributive justice, the provision of this condition does not fulfill the elements of justice because according to this theory, justice is giving something to someone according to their abilities or roles and not made equally and equally. for this reason, the words "and" in the requirements for end consumers can be replaced with the words "and/or" so that tax subjects who meet the criteria to serve end consumers can be categorized as pe, even including online sellers who only meet with their consumers. through digital means and without knowing the conditions of each of these consumers. and per03/pj/2022 should have been made with the excuse of increasing state revenue to accommodate a sense of justice for sellers, especially online sellers. so that the determination to become a pkp is no longer a compulsion for these traders, because of their unstable economic capacity. 4. conclusions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 39 issn print 2086-6852 and issn online 2598-5892 the legal position of per-03/pj/2022 is that it is a beleidsregel which is not included as a statutory regulation that has binding power to the people of indonesia or in other words that per03/pj/2022 is not part of the law because it makes is not authorized by law. that the legal force of beleidsregel only exists so that it should not have legal consequences for the people of indonesia. this is because the position of the director general of taxes is only as one of the echelon i institutions within the ministry of finance, which means that it is an assistant minister, so it is only responsible to the minister for carrying out its duties. regarding the vat law, per-03/pj/2022 is not an implementing regulation for the law because those who can implement the law are parties appointed by the law. the legal basis for this recognition is article 8 paragraph (2) of law 12/2011, while binding force must be embodied in a ministerial regulation as the authority holder of the law. determination of requirements for final consumers in per-03/pj/2022 which adds that buyers of taxable goods (bkp) and recipients of taxable services (jkp) do not use the bkp and jkp for further business activities is an additional requirement that was not previously stated in the law vat so that it can be considered deviating from the vat law because it changes the rules above it. manufacturing mechanismpolicy rule must also comply with the general principles of good governance (aupb) and the procedures for forming laws and for the formation of apolicy rule is that it must comply with existing limitations, one of which is not regulatory in nature and applies only to internal. that all this time the directorate general of taxes has always usedpolicy rule to make tax rules because based on legal status that the directorate general of taxes does not have the authority to make rules for the public and is binding in nature. when viewed from aristotle's theory of justice, the meaning of distributive justice is justice that is given based on its role so that each human being gets things according to his role. related to the addition of the condition "may not be used for business activities" this results in a sense of justice for traders, because the addition of the sentence is added with the word "and" whose correlation is that all of these conditions must be obeyed in order to become final consumers and traders who serve end consumers can categorized as a retail trader, one of the benefits of which is to make a tax invoice for retail traders who register as a taxable entrepreneur (pkp). references http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 19 no. 1 june 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 40 issn print 2086-6852 and issn online 2598-5892 wet, s. (1997). state science: introduction, methods, and history of development. fendri, a. (2011). arrangement of government and regional government authorities in the utilization of mineral and coal resources. brawijaya university. hanifah, u. (2020). implementation of the use of tax invoices being backed on the delivery of taxable goods by cv. x (case study on cv. x at kkp microtax). airlangga university. huda, m.k. (2017). types of staple goods that are not subject to tax from the perspective of law number 7 of 2014 concerning trade and maslahah. maulana malik ibrahim state islamic university. kusumohamidjojo, b. (1999). just order: problematic philosophy of law. lubis, m. a., & maswandi, m. (2022). critical note the authority of tun to the cluster of government administration of omnibus law "creation of work" in indonesia. international asia of law and money laundering (iaml), 1(2), 79–88. lukman, m. (1996). the existence of policy regulations in the field of planning and implementation of development plans in the regions and their impact on the development of national written legal materials. padjadjaran university, bandung. minollah, m. (2017). study of the principle of justice in cigarette tax collection. ius journal of law and justice studies, 5(1), 1–12. mutalib, m. t. (2017). the court's authority examines policy regulatory norms (beleidsregel) in indonesia. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. jurisdiction: journal of law and science discourse, 10(2), 46–59. sabami, r. a. s. (2020). implementation of tax policy related to tax invoices paid at pt. ss. airlangga university. sianturi, h. (2017). position of regional finance in management of grants and social assistance based on state finance perspective. journal of yuridika insights, 1(1), 86–105. tiraada, t. a. m. (2013). tax awareness, tax sanctions, the attitude of the tax authorities towards wpop compliance in the south minahasa district. emba journal: research journal of economics, management, business and accounting, 1(3). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 confiscation of corruptor assets based uu 8 year 2010 about prevention and eradication of money laundering in national criminal law system rihantoro bayuaji1, m. hidayat2, faculty of law legal studies program1, universitas wijaya putra 2,universitas merdeka surabaya email: rihantorobayuaji@gmail.com abstract: confiscation of corruptor assets cannot be performed arbitrarily. it must adhere to the spirit of the tppu law, which means that law enforcement officers in seizing assets of the offender is still obliged to refer to the philosophy of tppu law to track the wealth of crimes. it means the confiscation of assets using legal instruments of tppu law shall be proven in predicate crime. related to principle of justice, corruption case happened to irjend. pol. djoko susilo is one example whose assets were deprived under the pretext of using the tppu law as a basis for confiscation which ultimately deprived. however, it turned out that in the law enforcement process, some of his assets could not be proven to obtained from a crime or not. obviously law enforcement clearly crashed human values, and human rights (ham), which in fact the whole values are part of the value of justice, especially the dignified justice that is part of the pancasila philosophy. in the future, law enforcement obliged to respect human rights. keywords: principles, confiscation of corruptor assets, indonesia's criminal law system 1. introduction corruption is lately highly discussed, both in print media, electronics and in seminars, workshops, discussions, and so on. corruption has become a serious problem for indonesian people, because corruption has become a systematic problem (from upper society to lower society), resulting in a negative stigma for the state and nation of indonesia in the international community. "various ways have been taken to combat corruption in conjunction with increasingly sophisticated (sophisticated) modus operandi of corruption".1 various groups consider that corruption has become part of life, into a system and united with the administration of a state. to prevent the development of corruption, the government basically has done the national corruption handling by using the law of law number 3 year 1971 about corruption eradication, but in fact many fail. this failure was partly due to the various institutions established to combat corruption does not perform its functions effectively; weak law, low law enforcement of officers who are not really aware of the serious consequences of corruption. "such situation could eventually destabilize 1 chaerudin, saiful ahmad dinar, and syarif fadilah, strategy & law enforcement prevention ofcorruption,cet. 2, refika aditama, bandung, 2009, h.1. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 democracy as the main joint in the life of the nation, crippling values of fairness and legal certainty as well as getting away from the goal to achieve a prosperous society".2 huntington proposes factors that lead someone to corrupt: a. modernization brought about changes in the basic values of society b. modernization also develops graft for modernization of open sources of new wealth and power. the relation of these sources to political life is not governed by the most important traditional norms in society, whereas new norms in this respect have not been accepted by influential groups in society; modernization stimulates corruption because of the changes they cause in the field of activity of political system. modernization, especially in countries that begin modernization more lately, enlarges government power and redoubles the activities governed by government regulations.3 corruption in various countries has never had a positive impact, as stated by gunnar myrdal as: a. corruption helps to magnify and enlarge matters on the lack of desire to engage in business and the lack of growth of the national market; b. corruption sharpens issues pluralistic society problem, meanwhile the unity of the state getting weaker. in in addition, due to the decline of the dignity of the government, these tendencies jeopardize political stability; corruption resulted in the decline of social discipline. the bribes not only facilitate administrative procedures, but usually also result in deliberate attempts to slow down the administrative process so as to receive bribes. in addition, implementation of development plans that has been decided becomes complicated or slowed due to the same reasons.4 2. research method this is a normative juridical research by using source of primary law material and secondary law materials. primary legal materials are authoritative legal, means to have authority. primary legal materials is legal material that is authoritative (binding) consisting of legislation, official records or minutes of the legislation, and the decisions of the judges, while the secondary law is legal materials that explain and support the legal materials primary, as for secondary materials in the form of all publications about law that are not official 2 ibid 3 andi hamzah, kpk through national and international criminallaw,cet.ke-5, rajagrafindo persada, depok, 2012, p. 19. 4 ibid,p. 20. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 documents. legal publications include textbooks, legal dictionaries, and comments on court decisions.5 3. results and discussion 3.1. money laundering crime 3.1.1. the nature of money laundering to date there is no evidence to show when the term "money laundering" was found. however, with reference to the history of transforming illegal money into legal money, there are several ways to explain the term. one explanation is found in lord of the rim book as the work of american historians, sterling seagrave. the book essentially explore the phenomenon behavior of traders in china in business since the year 3000 bc, which in essence: "at that time, wealth was disguised, it was hidden, moved, and invested outside china. the term "money laundering" is not found, but the principles are there, changing illegal funds into asset moves then move them out of the country to be invested into other economic activities are legitimate"6. another legend states that the term "money laundering" is derived from the united states about 1920s when the perpetrators of organized crime utilizing the washing machine business to cover up the source of illegal funds offenders. mafia groups such as al capone generate cash in a very large number of various crimes. the crimes are in the form of drug sales, murder, prostitution, and gambling. to avoid seizure of proceeds of crime, the perpetrators run retail business services such as bars, automated selling machines, hotels, and restaurants. through these illegal businesses, illegal fund are mixed or combined with the results of the legal effort that ultimately reported as total revenue legitimate business. "using this technique, illegal income becomes legal because the funds appear to be the result of legitimate efforts. furthermore, the money can be used freely without attracting the attention of law enforcement authorities"7. "another source states that the term "money laundering" began to be used after the mayer lanski case of 1932 in the united states. in this case, lansky created an "offshore" account at the swiss bank used to conceal the criminal proceeds of the governor of louisiana, hue 5 peter mahmud marzuki, legalresearch, op., p. 181. 6 sterling seagrave, lord of the rim: the invisible empire of the overseaschinese,putnam, 1995, p. 12 7 peter w. schroth, bank confidentiality and the war on money laundering in the united states: the american journal of comparative law, vol. 42,1994, p. 375 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 long. "lansky then set up business in new orleans slot machines and swiss bank provides funding in the form of loans to lansky & co., so this allows illegal money back to the united states. since then, money laundering activities have evolved by taking advantage of technological advances”8. "basically, the existence of money laundering as described above is the things that lie behind the emergence of money laundering. basically the background of combating money laundering divided by 2 (two): a. legal background and b. socio-economic background c. legal thought to fight for money laundering began to intensify after world war ii. in a statement attributed to emperor vespasian stated that: d. in the post-second world war era, however, legislators started to make a criminal act which does not cause any direct harm to an identifiable victim. a great number of commercial, fiscal or environmental offences are crimes without a victim. even though this does not mean that offenders do not reap any benefits from these crimes. on the contrary, this type of offense often generates huge profits for removal whose generally the law fails to provide adequate legal mechanism. 3.1.2. the crime of money laundering is universal values the internationally-growing anti-money laundering regime is basically due to moneylaundering practices that have cross-border characteristics. there are 2 (two) international instruments that directly relate to the process of international money laundering, namely: a. viena convention; and b. basle committee on banking regulation. viena convention, published in 1988 was an early development of regulatory harmonization and international policies are made in order to prevent and combat money laundering. basle committee on banking regulation emphasizes the basic principles of financial regulation for the purpose of money laundering. "according to gilmore, both viena convention and the basle committee are the instruments on a solution of 2 (two) towards the problem of money laundering."9 vienna convention creates an anti-money laundering regime within a broader context, such as the concept of money laundering, law enforcement procedures, and international 8 abdullahi shehu, money laundering: the challenge of globalenforcement,2000, p. 2 9 william c. gilmore, money laundering: the international aspect, in david hume institute, papers on public policy, vol. 1, no. 2, edinburgh universitypress,1993, p. 2. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 cooperation. "the vienna convention also laid the foundation for increased cooperation in relation to the appropriation of proceeds of crime, extradition, mutual legal assistance, and court transfers.10 the restriction on the scope of the original criminal act in the vienna convention is a criminal act related to narcotics and illegal drugs, however the vienna convention provides a very significant role in raising money laundering issues on an international scale. vienna convention after it was also considered as a basis for intergovernmental initiatives, and other international agreements, such as "strasbourg convention of 1990, the convention against the financing of terrorism of 2003, the palermo convention of 2000, and the anti-corruption convention of 2003. these facts match morgan's statement "that the vienna convention is an international unification effort in the fight against money laundering."11 in an international perspective, the anti-money laundering regime, the basle committee has a role in preventing banks and other financial institutions globally from the use of money laundering objectives. the principle of know your customer is considered an effective way to prevent and detect money laundering activities. in practice, this principle is developed through 40 (forty) recommendation issued by the financial action task force on money laundering (fatf). in terms of addressing the problem of money laundering, basle committee has the advantage of approaches called the statement of principles and minimum standards. statement of principles is very important for the prevention of the use of the banking system by criminals for the purpose of money laundering, while the standard minimum is very important in terms of supervision of international bank group that stresses the need for a more consolidated supervision. "the statement of principles is the first international treaty that introduced the term 'money laundering' to the international level. this statement is intended to prevent financial institutions involved in the activities of criminals, as well as to maintain the integrity of the banking system"12 in principal, statement of principles related to instructions and ethical standards of professional behavior of banks and other financial institutions in running the business. in order to prevent the occurrence of money laundering, financial institutions must establish an identity 10 the united nations convention against illicit traffic in narcotic drugs and psychotropic substances of1988. 11 matthew morgan, money laundering: the american law and its globalinfluence,l & bus. rev. am. 24, 1996, p. 7. 12 statement of principles for the prevention of criminal use of banking systems for the purpose of money laundering, preamble 3. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 of their customers and close any accounts suspected of being used for money laundering purposes. banks and other financial institutions should also record financial information, as well as train their staff to assist these objectives. "meanwhile, minimum standards was formed as a response to the rapid growth in international banking activity, and the aim is to ensure that all banks and financial institutions only supervised by the competent authority."13 the competent authority has had all the information necessary to exercise such control effectively, particularly in order to avoid conspiracy. in addition, such minimum standards are established as a guide for participating state banking regulators to access and obtain information from international banks. under this international standard, if the state party declares that the international bank does not implement minimum standards, then the state regulator can then impose sanctions. 3. 1.3. urgency of national money laundering crime arrangement in the context of the national interest, the enactment of the money laundering act is an affirmation that the government and the private sector are not part of the problem, but part of the problem solving, in the economic, financial and banking sectors. first of all, effort that a country must take to prevent and combat money laundering is to establish laws that prohibit money laundering and punish severely the perpetrators of these crimes. in its development, law number 15 year 2002 on money laundering crime has been amended, namely based on law number 25 year 2003 regarding amendment to law number 15 year 2002 on money laundering crime. the amendment is based on the following matters: the development and progress of science and technology, especially in the field of communication has led to the integration of the financial system, including banking systems that offer traffic mechanism of funds between countries which can be done in a very short time. this situation is in addition to having a positive impact, also have negative impacts on people's lives, by increasing offenses nationwide and internationally by leveraging the financial system including the banking system to hide or obscure the origins of the proceeds from crime (money laundering). related to this, to prevent and eradicate money laundering crimes, indonesia has imposed law number 15 year 2002 on money laundering crime. however, the provision in the legislation has not met international standards and the development of the judicial process 13 basle committee report on minimum standards for the supervision of international banking groups and their cross-border establishment, reprinted in international economic law documents, iel ii-1 (1992) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 that it needs to be changed. therefore, prevention and eradication of money laundering can operate effectively in this law, they include: a. the scope of the definition of financial services providers is expanded not only for everyone who provides services in finance, but also includes other services related to finance. this is intended to anticipate money laundering actors utilizing the existing form of financial services providers in the community, but not yet required to submit reports on financial transactions and at the same time anticipate the emergence of new forms of financial services providers that have not been regulated in law number 15 year 2002; b. the definition of suspicious financial transactions is expanded by including financial transactions conducted or canceled by using assets allegedly derived from proceeds of crime; c. the restriction on the amount of proceeds of a criminal offense of rp 500,000,000, (five hundred million rupiah) or more or equivalent value derived from a criminal offense is removed because it is inconsistent with the generally accepted principle that to determine a criminal act irrespective of the magnitude or the small outcome of the acquired crime; d. the coverage of predicate crime is extended to prevent the development of criminal acts that generate wealth in which the criminal attempts to conceal or disguise the origin of the proceeds of crime, but such actions are not convicted. various related laws and regulations that criminalize the origin of criminal acts, among others: law no. 5 of 1997 on psychotropic substances; law number 22 year 1997 on narcotics; law no. 31 of 1999 on corruption eradication, as amended by act no. 20 of 2001 on amendments to the law no. 31 of 1999 on corruption eradication; law no. 30 of 2002 on the corruption eradication commission.14 "amendment of law number 15 year 2002 on money laundering crime emerged because the law is on the way and the reality has not yet accommodated all the aspirations of society and the development of criminal law regarding money laundering and international standards. in addition, the legislation has gained the attention of the international community in particular the financial action task force on money laundering (fatf), and has recommended that related to the prevention and combating of money laundering and combating the financing of terrorism. 14 elucidation of law number 25 of 2003 on the amendment of act no. 15 of 2002 on money laundering. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 regarding the efforts to prevent and eradicate money laundering crimes, indonesia recognizes the importance of such internationally accepted recommendations and standards. the recommendation becomes an important part in formulating policies on prevention and eradication of money laundering crime in indonesia. indonesia's efforts to meet the recommendations should be implemented to the fullest, because since june 2001 has been included in the list of non-cooperative countries and territories (ncct's) together with several other countries by the fatf, even until now indonesia is still considered in the ncct's as a result of the review done by fatf.15 to provide an overview of bill on the amendment to law no. 15 of 2002 which has been adopted as law, we reiterate the basic ideas on which the bill was drafted and the basic principles of regulation the draft of the law and the basic principles of the drafting of the draft law as follows: 1.2. mutual assistance agreements with other countries through bilateral and multilateral issues of money laundering in order to prevent and combat money laundering. the form of mutual assistance cooperation with other countries, among others, the collection of evidence and statements of a person, including the implementation of the rogatori letter; 1.3. the inclusion of "the principle of dual criminality" in the draft law on money laundering which has just been approved to be set and passed into law is one of the principles that have been prevailing in the code of criminal indonesia, namely that someone who does a criminal act in a country, may only be liable if the act constitutes an offense in indonesia; 1.4. the prohibition of officials or employees of the financial services tells the other person or to the users of financial services on reports on suspicious financial transactions is being prepared or has been submitted to the center for financial transaction reporting and analysis."16 3.2. principles of implementation of law on tppu referring to the emergence of money laundering norms based on international conventions and national laws, basically the concept of money laundering are: 15 welcome the government for approval the draft law on amendments to the law no. 15 of 2002 on money laundering in the open plenary session of the house of representatives of indonesia, dated 16 september 2003. 16 welcome the government for approval the draft law on amendments to the law no. 15 of 2002 on money laundering in the open plenary session of the house of representatives, september 16, 2003. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 "the attempt or process of disguising or concealing the proceeds of a crime to alter the proceeds of the crime appears to be the result of legitimate activity because its origins have been disguised or concealed." 17 " the conclusion above shows that money laundering is not a stand-alone act, but an act that was born from the previous act of a crime. crime is of course is the predicate crime, and qualifying predicate crime is certainly very limitedly, or highly dependent on the criteria of crimes specified in the laws of a country. law no. 8/2010 on the prevention and eradication of money laundering crime (hereinafter referred to as "tppu law") limits that crimes of origin which may result in the crime of money laundering are 26 (twenty six) items, which are stipulated in article 2 his. the term "crime" gives the meaning that it refers to the formulation of the offense. the existence of money laundering does not stand alone as a criminal offense in general, but a criminal act related to another offense (predicate crime). therefore, it is appropriate if the money laundering is a conditio sine quanon to the predicate offenses as set out in article 2 (1) of the aml. the predicate crime and money laundering (proceeds of crime) does not have an evil intentions or mens rea, because the will commit the predicate offense embodied in the act differently with the will to commit money laundering normatively reflected in the provisions of article 3, article 4, and article 5 of the tppu law. "based on this argument, money laundering is not a continue criminal offense (vorgezette handeling). both of these criminal acts are offenses that stand-alone though no relation to one another." 18 " the second difference yet currently not widely known is original intent. predicate crime are still based on the terms of the act and the author (daad-daderstrafrecht). the object of money laundering crime is a property that is allegedly derived or obtained from the original criminal offense. "the difference in the object of both crimes has an impact on normative proof, that is, the proof of the original crime is against both the act and the mistake of the manufacturer, while the proof of property in the money laundering act is the acquisition of assets allegedly derived from a crime. in essence, there is a correlation between the defendant's properties against his original criminal offense." 19 therefore, in the case of the disclosure of money laundering crime, it must be attached to the theory of criminal liability. criminal liability certainly cannot be separated from criminal 17 hurd, insider trading and foreign banksecrecy,am. bus., journal vol.24,1996, p. 29. 18 romli atmasasmita, business crime law (theory and practice in the age ofglobalization),cet. 1st, prenadamedia group, jakarta, 2014, p. 213. 19 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 acts. "in essence, an act or a crime is a physical act in the commission of a crime or offense or act of will as a gesture, whether voluntary or forced." related to criminal responsibility, van hamel provides an understanding of criminal responsibility related to three (3) points: a. one is able to understand the true meaning and effect of one's own deeds; b. one is able to realize that the acts committed are contrary to public order; and c. a person is able to determine the will to do. further explanation of van hamel's opinion is related to the 3 (three) capabilities are proposed by van hamel regarding the will to do. when it is linked between the will to do with the error as the most important element of accountability, then there are 3 (three) opinions. first, the indeterminist who declares that man has free will in action. free will is the basis of a decision of will. if there is no freedom of will, then there is no mistake. thus, there is no defense so there is no punishment. second, the determinist states that man has no free will, so the decision of the will is determined entirely by the nature of the motives and stimuli from within and from outside, meaning that one cannot be found guilty of having no free will.20 however, it does not mean that the person committing the crime cannot be held accountable for his actions. the absence of freedom of will precisely raise a person's accountability for his actions. however, the reaction to the act is done in the form of an act for public order, and not criminal in the sense of suffering. third, the opinion that error has nothing to do with free will. strictly speaking, freedom of will is something that has nothing to do with an error in the criminal law.21 " simons stated the basis of their responsibility in criminal law is a certain simon’s opinion can be drawn a conclusion that the essence of liability in criminal law are: 1. a person's psychic state or soul; 2. the relationship between psychological state by deeds done in the dutch vocabulary in the context of psychological state accountability translates into toerekeningsvatbaarheid or be held accountable or responsible ability, whereas in the context of the relationship between the psychic state of the actions undertaken, translates into toerekenbaarheid or accountability.".22 " furthermore, criminal liability cannot be separated from 'mistakes'. simons stated that “a person by the legislators considered that he was doing wrong, if he can realize his actions against the law, therefore, he can determine the will of such actions." 20 eddy os hiariej, op.cit., p. 121 21 ibid 22 satochid mammal, criminallaw,center for student literature, p. 243 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 related to the concept of 'mistake', remmelink states that "public defamation by applying the ethical standards applicable at any given time to humans who commit inadvertent behavior that is essentially avoidable." similarly mezger, mezger provides an understanding that "mistakes as a whole requirement that gives the basis of personal defamation of the perpetrators of criminal acts."23 responsible a person in criminal law should open the possibility for the author to explain the background of criminal acts that have been done. if the legal system does not open such an opportunity, it can be said not occur due process of law (due process of law) accountable in criminal, which will eventually collide with the principles of justice. hart states "if a legal system did not provide facilities allowing the individual to give legal effect to reviews their choices in such areas of conduct, it would fail to make-one of law's most distinctive and valuable contributions to social life." hart's opinion has a free translation that if a legal system does not give everyone space to convey an explanation for his actions, then the law is seen as failing to provide valuable input on social life. another opinion states that criminal liability does not just mean 'right fully sentenced' but also 'rightfully accused'. criminal liability is first and foremost a condition in the maker's self when committing a crime. criminal liability also means connecting between the circumstances of the manufacturer and the actions and sanctions that should be imposed. therefore, the assessment is done 2 (two) directions. first, criminal responsibility is placed in the context of the terms of the factual (conditioning facts) of convictions, therefore contains a preventive aspect. second, criminal liability is the result of law (legal consequences) of the existence of the factual terms, so that a part of the repressive aspects of criminal law. this is the connection between facts and conditioned air conditioning roommates legal consequences is expressed in the statement about responsibility, which means criminal liability associated with the state being conditional on the existence of criminal and legal consequences of any such thing. criminal liability cannot be released from the time of the crime or tempus delicti. application of tempus delicti has a very important meaning when a criminal had to account for his actions. in connection with this, tempus delicti has 4 (four) significance, they are: a. to prove a deed is qualified as a criminal act. this is very important with the application of the principle of legality and application of principles lex favor 23 simons, op.cit., p. 196 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 reo which means if there is a change of law, then the defendant applied the most mitigating rules b. to determine the defendant is capable or unable to take responsibility. this is closely related to one's responsible ability; c. to determine when a criminal offense occurred, the defendant was of age; and d. related to expiration or verjaring . basically the expiration is calculated from the day after the criminal act occurs, but there are some crimes whose expiration calculation is not the case. "jonkers states that tempus delicti is when the action or behavior occurs or the behavior occurs and when the effect occurs." jonkers opinion is in line with the opinion of eddy os hiariej which states that: a. "the act consists of 2 (two) aspects, namely action or behavior and consequences; b. action or behavior and effect is a series of events as an integral whole; c. to ensnare the perpetrator, the date of the action or the behavior and date of the occurrence shall be clearly stated." criminal liability cannot be separated from criminal acts, and vice versa, a criminal offense cannot stand alone without criminal responsibility, meaning that criminal liability will shall apply if the person to whom the criminal responsibility is sought has been committed. the theory of criminal responsibility in which there is a theory of error with the associated application of the law on tppu provides the juridical essence that the crime of money laundering shall be subject to criminal liability independently but must go hand in hand with the predicate crime (criminal offense). 3.3. due process of law in corruption and tppu the series of policies and arrangements that emerged in response to corruption conditions in the country were accompanied by extraordinary public attention to law enforcement against corruption offenses. eradication of corruption is one of the reform agenda in the field of law as affirmed in the decree of the people's consultative assembly of the republic of indonesia number: xi/mpr/1998/nepotism. considering that corruption eradication is one of the reform agenda in the field of law, "eradicating corruption is the duty of all sensible citizens, because corrupt corruption is extraordinary. corruption is economically damaging and certainly destructive to many people including corrupt lovers. but the most destructed are the victims of unfair corruption eradication." yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 it seems to speaking of injustice corruption eradication is an anomaly, when the government of the republic of indonesia" beating the drums of war "on the practices of corruption that takes place in a massive and systematic". however, inevitably justice is the right of everyone in front of laws that must be guaranteed by the state, including in this case are the perpetrators of corruption. related to the eradication of criminal acts of corruption, the efforts of law enforcement officers in confiscating assets owned by perpetrators of corruption is one of them is through the application of law on tppu. with the implementation of the law on tppu, it is expected that the ownership of assets by the perpetrators of corruption acts allegedly obtained from criminal offenses may be confiscated by the state. however, in some cases of corruption, the assets or property of suspects of corruption is greater than the state losses or the value of money alleged by law enforcement officers to suspect criminal acts corruption. therefore, due process of law (law enforcement process) must be run in accordance with the corridor, hence, there is no distortion in law enforcement. 3.4. corruption investigation and tppu 3.4.1. investigations and corruption investigations as with other criminal acts, in carrying out due process of law in corruption is also mandatory through the mechanism of investigation. nevertheless, while the scope is regulated lex specialis but the corruption act does not specifically regulate the concept of inquiry in corruption. this is evident in article 26 of the corruption act states: "investigation, prosecution and examination in court for corruption shall be conducted under applicable criminal procedure law, unless otherwise provided in this law." other legislation, kpk law, does not regulate the concept of investigation, so the concept of investigation in the corruption eradication commission law still refers to the criminal procedure code. kpk law only specifically regulates the concept of investigators. article 43 of the corruption eradication commission law simply states as the following: 1) investigators are investigators of the corruption eradication commission who are appointed and dismissed by the corruption eradication commission. 2) the investigator as referred to in paragraph (1) shall perform the function of investigation of criminal acts of corruption. " furthermore, the corruption act also does not regulated lex specialis mechanism (procedure) of investigation, therefore, the procedure still refers to article 102 kuhap, which states: (1) the investigator who knows, receives a report or complaint about the occurrence of an event which is' suspected to be a crime shall immediately take the necessary investigative action. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 (2) in the event of being caught without waiting for the order of the investigator, the investigator shall immediately take the necessary action in order investigation as referred to in article 5 paragraph (1) letter (b). (3) in respect of the actions taken in paragraph (1) and paragraph (2) investigator shall prepare the minutes of the event and report it to the investigator of the law. the mechanism of investigation in corruption cases is set more specifically in article 44 of the corruption eradication commission law states: (1) if the investigator in conducting the investigation finds sufficient initial evidence of alleged corruption within 7 (seven) working days, from the date of sufficient preliminary evidence, the investigator reports to the corruption eradication commission. (2) sufficient preliminary evidence is considered to be present when found at least 2 (two) evidences, including and not limited to information or data that is spoken, transmitted, received or stored, whether ordinary or electronic or optical. (3) in the event that the investigator performs his duties does not find sufficient initial evidence as referred to in paragraph (1), the investigator reports to the corruption eradication commission, and the corruption eradication commission stops the investigation. (4) in the case that the corruption eradication commission is of the opinion that the case is continued, the corruption eradication commission shall conduct its own investigation or may transfer the case to a police investigator or prosecutor's office. (5) in case the investigation is delegated to the police or prosecutor's office as referred to in paragraph (4), the police or prosecutor's office shall perform coordination and report the progress of the investigation to the corruption eradication commission. referring to this, the procedure of investigation in the case of corruption in certain matters may refer to the corruption eradication commission law. as with any investigation, investigation procedures in corruption cases are also not lex specialis arranged in corruption act. therefore, in the case of corruption, the investigation mechanism still refers to the kuhap, and in certain cases it refers to the kpk law. in the investigation of corruption cases, which need to be examined in the investigation section is related to the seizure of the suspect's assets of corruption. article 38 of the criminal procedure code states that: 1. foreclosure can only be done by the investigator with letter permission of the local district court chairman. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 2. in very urgent circumstances when investigators must act immediately and are unlikely to obtain letter permit in advance, without prejudice to the provisions of paragraph (1) the investigator may confiscate only the movable object and shall, therefore, promptly report to the head of the local district court for his consent. however, the seizure provisions as regulated in the criminal procedure code are not aligned with the provisions of the seizure mechanism as stipulated in the corruption eradication commission law. article 47 of the corruption eradication commission law states that: (1) on the basis of strong suspicion of sufficient preliminary evidence, investigators may undertake without the permission of the chief justice of the district court relating to the investigation task. (2) the provisions of applicable legislation governing the conduct of foreclosure, do not apply under this law. it should be underlined that the objects that can be confiscatedunder article 39 paragraph (1) of kuhap are as the following: (1) what can be confiscated are: a. objects or bills of a suspect or defendant wholly or partially allegedly obtained from a criminal offense or as a results of a crime; b. objects that have been used directly to commit a crime or to prepare it; c. objects used to prevent criminal investigations; d. objects specially made or intended to commit a crime; e. other objects that have a direct relationship to the crime committed. by the investigator of the suspect's possession has met the criteria as regulated in article 39 paragraph (1) of the criminal procedure code or not 3.4.2. investigation and investigation of tppu in the context of the tppu law, investigation mechanisms are not explicitly regulated. the investigation in the law on tppu year 2010 begins at article 64 of which states: 1. ppatk conducts an examination of suspicious financial transactions related to any indication of money laundering or other criminal acts. 2. in case of any indication of money laundering or criminal offense other, ppatk shall submit the result of examination to the investigator for investigation. 3. in conducting the investigation as referred to in paragraph (2), the investigator coordinates with the ppatk. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 unfortunately, the provision of article 64 of the 2010 tppu law does not elaborate on the mechanism of the legal process of investigation conducted by ppatk, even unfortunate in the 2010 tppu law is the arrangement of investigation, prosecution and examination in court as regulated in its article 69. article 69 of the 2010 tppu law states: "to be able to conduct investigation, prosecution, and examination in the trial of money laundering crime is not mandatory first proven criminal offense origin." the provisions of article 69 of the 2010 tppu law according to the authors cannot be interpreted dogmatically, but should be examined more deeply about the meaning of "not mandatory proven first criminal offense". the clause "shall not be proven in advance of the criminal offense" if it is interpreted dogmatically as if the tppu is an independent offense, separate from the original offense. the provision is not in line with uncac which has been adopted by the general assembly of the un in its resolution no. 58/4, dated october 31, in article 23 on laundering of proceeds of crime: "it is stipulated that each member state shall adopt such resolution, in particular in relation to the fundamental principles of its respective national law, by including it in the law as a crime if it is committed intentionally, including such acts as the following: a. exchange or transfer of assets, knowing that such property is the proceeds of a crime for the purpose of concealing or disguising the origin of the illicitly acquired property or of assisting a person engaged in a criminal offense in order to avoid a lawsuit against the act; b. conceal or disguise the actual circumstances, sources, locations, placements, movements or possessions, known that such property is the result of a crime. " implementation of the provision of "not mandatory first proven criminal offense" has the potential to cause problems in law enforcement. this is clear contrary to principle due process of law which means due process of law is a procedure required by law as a universally applicable standard of law. relate to its historical aspect, due process is born of the fifth amendment and 14 of the american constitution to prevent the disappearance of life, liberty, and property rights by the state without a legal process. "due process produce procedures and substances of protection against the individual, so that each procedure in the due process test 2 (two) things, first the prosecutor's procedure has removed the life, liberty, and property of the suspect without a procedure or not, second if using procedures, procedures have been in accordance with the rules or not. " [37] yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 in the criminal justice system, hebert l. packer, in addition to introducing due process model , also introduced crime control model . both models have their own characteristics. crime control models has the characteristics of efficiency, prioritizing speed and presumption of guilt so criminal behavior must be dealt with immediately and the suspect is allowed to fight. this model is like a ball that is being rolled and without obstacles. meanwhile, due process model has the characteristics of resisting efficiency, prioritizing quality and presumption of innocent so the role of counsel is very important with the aim of avoiding punishment to innocent people. this model is likened to a person who is doing a hurdle, and both models have competing values, but not opposite. certainly the principle due process of law is a principle that does not stand alone and adheres to a principle that other namely the principle of legality. the principle of legality is the foundation of the penal law and its law enforcement. the principle of legality or in any other language is "nullum delictum nulla poena sine praevia lege poenali which means no criminal act or no criminal without prior criminal law. at least there are 4 (four) meaning of the principle of legality. first, against criminal provisions, shall not apply retroactively (non-retroactively or nullum crimen nulla poena sine lege praevia or lex praevia). second, criminal provisions must be written and should not be criminalized under customary law (nullum crimen nulla poena sine lege scripta or lex scripta ). third, the formulation of criminal provisions must be clear (nullum crimen nulla poena sine lege certa or lex certa ). fourth, criminal provisions should be strictly interpreted and prohibited analogy (nullum crimen nulla poena sine lege stricta or lex stricta). anselm von feuerbach outlines the phrase "nullum delictum nulla poena sine praevia lege poenali" into three points : a. nulla poena sine lege which means no criminal without statute of criminal law; b. nulla poena sine crimine which means no criminal without crime; c. nullum crimen sine poena legali which means there is no criminal act without criminal by law. " based on these three phrases, this principle has 2 (two) functions: a. protecting which means the criminal law protects the people against the arbitrary power of the state; b. instrumentation, ie within the limits prescribed by law, the exercise of power by the state is expressly allowed. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 protecting is on the material penal law that refers to the first phrase (nulla poena sine lege) and second (nulla poena sine crimine ). meanwhile, the function of instrumentation is more in the formal criminal law which refers to the third phrase (nullum crimen sine poena legali)." when scrutinized, the third phrase nullum delictum crimen sine poena legali which means "no criminal act without criminal by law" is a negative sentence. if the sentence is posited, then it becomes a statement "all criminal acts must be punished according to law". thus, the principle of legality in criminal law covers material and formal criminal law. in the material criminal law, the principle of legality means that nothing can be punished, except for the force of the criminal code in the existing legislation before it is committed." in relation to the meaning of the above legality principle, basically the formulation of money laundering as stated in the law on tppu is in article 3 to article 10 which states: article 3 any person who places, transfers, assigns, spends, pays, grants, deposits, brings abroad, changes the form, exchanges with currency or securities or other deeds of assets known or reasonably suspected to be the proceeds of the offenses referred to in article 2 paragraph (1) with the aim of hiding or disguising the origins of assets is criminally charged for criminal acts of money laundering by imprisonment maximum of 20 (twenty) years and a maximum fine of rp10,000,000,000.00 (ten billion rupiah). article 4 any person who conceals or disguises the origin, source, location, appropriation, assignment of rights, or actual ownership of any property knowingly or reasonably suspected is the proceeds of a criminal act as referred to in article 2 paragraph (1) shall be punished for a criminal act of washing money with a maximum imprisonment of 20 (twenty) years and a maximum fine of rp 5,000,000,000.00 (five billion rupiah). article 5 any person who receives or controls the placement, transfer, payment, grant, donation, custody, exchange, or use of any assets known to or reasonably suspected as a result of a crime as referred to in article 2 paragraph (1) shall be subject to imprisonment of a maximum of 5 five) years and a maximum fine of rp1,000,000,000.00 (one billion rupiah). the provisions referred to in paragraph (1) shall not apply to reporting parties implementing reporting obligations as stipulated in this law. article 6 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 in the case of money laundering as referred to in article 3, article 4, and article 5 shall be done by a corporation, the penalty shall be imposed on the corporation and / or the controlling personnel of the corporation. (2) crime shall be imposed on the corporation if the crime of washing money: a. conducted or ordered by the corporate controller personnel; b. performed in the framework of fulfilling the purpose and objectives of the corporation; c. performed in accordance with the duties and functions of the perpetrator or the giver of the order; and d. conducted with the intention of providing benefits to the corporation. article 7 the principal punishment imposed against the corporation shall be a fine of a maximum of rp100,000,000,000 , 00 (one hundred billion rupiah). in addition to the fine as referred to in paragraph (1), against the corporation may also be imposed additional penalty in the form: a. announcement of judge's decision; b. freezing of part or all of the activities of the corporation; c. revocation of business license; d. dissolution and / or prohibition of the corporation; e. appropriation of the corporation's assets to the state; and / or f. takeover of the corporation by the state article 8 in the event that the convicted property is not sufficient to pay the fine as referred to in article 3, article 4, and article 5, the fine shall be replaced with a maximum imprisonment of 1 (one) year 4 (four) months. article 9 in the event that the corporation is unable to pay the fine as referred to in article 7 paragraph (1), the fine shall be replaced by theft of the company's property or personnel of a corporate controller equal to the penalty of a fine imposed. in the event that the sale of the company's wealth-derived property as referred to in paragraph (1) is insufficient, the imprisonment of substitute fines shall be imposed on the controlling person of the corporation by taking into account the fines already paid. article 10 any person within or outside the territory of the unitary state of the republic of indonesia participating in the trial, assistance, or perpetual plans to commit the crime of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 money laundering shall be subject to the same criminal sanction as referred to in article 3, article 4 and article 5. in the treatise, gerindra party faction in conveying its views by stating: therefore, independence needs to be emphasized both in the implementation and recruitment of the chairman and vice chairman of ppatk, so that it cannot be influenced or intervened by other institutions and non-institutions. in terms of investigation and investigation, especially in the case of blocking of property, it is necessary to make clear rules especially for the allocation of wealth so that it is not arbitrary and not contrary to the principle of presumption of innocence. on trial in accordance with articles 84 and 85, for reversal of the burden of proof or otherwise known as an inverse proof of property allegedly derived from a criminal act of corruption, the property in question is, a supposedly alleged wealth of proceeds of original criminal offense. this view has the meaning that the proof of money laundering cannot be separated from the original criminal offense. proof of money laundering crime by separating by a criminal offense would potentially lead to arbitrary behavior and contrary to the principle of presumption of innocence. 3.4.3. reversal of corruption proofing and tppu burden of proof is basically born on the evidentiary system which refers to the provisions on the standard in the case of proving something that is related to the defendant's defendant committed the crime charged. in general the system of verifying an offense refers to a negative system (negatief wettelijk) as regulated in article 183 of the criminal procedure code, which in it regulates 2 (two) points : a. there shall be at least 2 (two) valid evidences; and b. the existence of two valid evidences that move the judge to gain confidence in the offense, and the defendant is guilty of doing so. in article 183 of the criminal procedure code, the burden of proof rests with the public prosecutor (jpu), which is different from the corruption act. corruption act embraces a reversal system burden of proof. in reversing the specific burden of proof and the other from the law of general proof, in addition to the provisions of the parties charged to prove, contain various provisions, between other: a. on criminal offenses or in which case the burden of proof of the prosecutor or the legal advisor or both; b. on the basis of the burden of proof is given on the one hand, as in the reverse system, to prove the property which has not been indicted, the defendant shall prove not the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 result of corruption, intended to impose or not to impose the crime of confiscation of the property which has not been prosecuted. depending on the success or failure of the defendant to prove the source of the undisputed property; c. although only a few, the special corroborative law of corruption also contains about way proves, as in a semi-reverse verification system of property allegedly related to the alleged corruption case. the defendant is committed by the defendant to prove that his property, the wealth of his wife or husband or child and others, in accordance with the source of income or the additional resources of the wealth or in the case of the defendant prove that the property which has not been indicted is not the result of corruption done in his defense; d. concerning the legal consequences of things obtained on the evidences of parties charged with verification, such as a judge will said the indictment was not proven. the manifestation of the principle of reversing the burden of proof is governed by article 37 of the corruption act states: article 37 a (1) the defendant is obligated to provide information about all of his property and property of his wife or husband, children, and property of any person or corporation suspected of having any connection with the alleged case. (2) in the event that the defendant cannot prove the wealth disproportionate to his income or additional source of wealth, the information referred to in paragraph (1) is used to strengthen existing evidence that the defendant has committed the crime of corruption. (3) the provisions referred to in paragraphs (1) and (2) constitute a crime or principal case as referred to in article 2, article 3, article 4, article 13, article 14, article 15 and article 16 of law number 31 year 1999 on the eradication of corruption and articles 5 through article 12 of this law, so that the prosecutor remains obliged to prove his allegations. the meaning that the defendant is obligated to provide information about all his property which is allegedly related to the case of the accused, and if the defendant cannot prove unbalanced wealth, then it can be used to strengthen existing evidence that the defendant has committed a criminal act of corruption , which means from the perspective of proof, the burden of proof shifting to the defendant. in this perspective, the defendant plays an active role in stating that he is not a criminal offender. therefore, the defendant in front of a court hearing that will prepare the burden of proof, hence if the defendant cannot prove, then the defendant is found guilty of a crime. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 in principle the theory of burden of proof of this type is called the theory of "reversal burden of proof" (omkering van het bewijlast or shifting of burden of proof / onus of proof). reviewed from the theoretical and practical perspectives of the burden of proof theory can be classified again into a reversal of the burden of proof that is both pure and limited ( limited burden of proof) , essentially, the reversal of the burden of proof is a deviation of the law of evidence and also an extraordinary act against corruption. related to the reversal of the burden of proof, indriyanto seno adji states in detail as the following: the principle of reversal of the burden of proof is a system of proof beyond the evident theoretical conventions of universal criminal law (events). in the criminal law (formal), both the continental and anglo-saxon systems, recognize the proof by still charging its obligations to the public prosecutor. it's just inside certain cases (specific cases) may be permitted by a differential mechanism, the reversal load system of evidence or otherwise known as reversal of burden proof (omkering van bewijlast), nor was it done overalls, but has minimum limits for the destruction of human rights protection and respect, especially the right of suspects/defendants. muladi asserted that the principle of reversal of the burden of proof should be done carefully; there is even a tendency to potentially violate human rights. it is stated in detail as the following: it is universally unknown to the existence of a general inverted proof, because it is very vulnerable to human rights violations. one cannot be accused of corruption "proceeding" (in the position of the defendant, only because the defendant cannot prove the origin of his property. thus, even if in this case the principle of presumption of guilt (presumption of guilt ) in the form of presumption of corruption, but the burden of proof must be in the framework proceeding cases or specific criminal acts are being tried under the laws of the eradication of corruption in force (presumption of corruption in certain cases). 4. confiscation of corruption assets based on justice principles 4.1. principles of asset confiscation in tipikor and tppu 4.1.1. conception of confiscation based on corruption law and law on tppu people are increasingly restless when faced with phenomena contained in the mass media that is corrupt officials arrested and led by law enforcement officers such as the kpk for detention with style smiling and waving. on the one hand other there is also a sense of pity yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 and pity, but seeing the fact that the amount of state money is corrupted for personal gain, then the compassion turned into anger and pain. therefore, it is necessary to reverse the understanding that being corrupt is tasty, ie imposing the maximum penalty, because the corruptors have a wide network, and can procrastinate legal process. to provide the maximum deterrent effect, the investigators also streamline the application of the tppu law with the aim of pursuing assets of corruption that are hidden or disguised with way transfer it to another party. in addition to the effectiveness of the law on tppu, it should be noted that there is a sanction of confiscation as an additional criminal form as stipulated in article 18 of the corruption law states: (1) in addition to additional criminal as referred to in the criminal code, as an additional criminal are: a. conception of tangible or intangible goods or immovable property used for or derived from a criminal act of corruption, including a company owned by a convicted person in which a criminal act of corruption is committed, as well as from goods replacing the goods; b. repayment of a substitute amount equal to the amount of property derived from a criminal act of corruption; c. closing all or part of the company for a maximum period of 1 (one) year; d. revocation of all or part of certain rights or the deletion of all or any of the particular benefits which the government may or may have provided to the convicted person. (2) if the convicted person fails to pay the replacement money as referred to in paragraph (1) letter b within a period of 1 (one) month after a court decision having obtained permanent legal force, then the property may be seized by the prosecutor and auctioned off to cover the replacement money. (3) in the event that the defendant does not possess sufficient property to pay the replacement money as referred to in paragraph (1) letter b, he shall be punished by imprisonment whose duration does not exceed the maximum threat of the principal penalty in accordance with the provisions of the act." article 18 of the corruption act basically refers to the return of assets that are the result of a criminal act of corruption. therefore, the return of assets must be based on several yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 reasons. as stated by michael levi, that the return of assets contains at least 3 (three) reasons, namely: a. prevention reasons (prohylatic) to prevent criminals from having control of illegally acquired assets to commit crimes other in the future; b. the reason for propriety ( propriety ) that is because the offender has no right to such illegally acquired assets; c. priority / precedence reason is that the crime gives priority to the state to demand illegally acquired assets rather than the rights of the offender; d. reason of ownership (proprietary ) that is because the asset is obtained illegally, then the state has the interest as the owner of the asset. " in the context of criminal acts of corruption, the return of assets resulting from criminal acts of corruption refers to the process of the perpetrators of criminal acts of corruption being revoked, deprived of their rights to the proceeds/profits of criminal acts and/or deprived, deprived of their rights to use the proceeds as a means to commit other crimes. fleming argues that asset returns place more emphasis on some points as follow: a. return of assets as revocation, deprivation, and disappearances; b. property that is repealed, deprived, removed is the proceeds of the crime committed by the offender; c. one of the objectives of revocation, appropriation, disappearance is so that the offender cannot use the proceeds / advantages of the crime as a means to commit other crimes. normative return of assets of corruption actors is also regulated in the law on tppu. article 79 paragraph (4) of the tppu law states: (4) "in case the defendant dies before the verdict is dropped and there is sufficiently strong evidence that the concerned has committed a money laundering act, the judge of the prosecution's claim decides the deprivation of the property confiscated. " in relation to the provisions of confiscation stipulated in the corruption law and the law on tppu, and the opinions of michael levi and fleming, it can be concluded that the deprivation of property of the perpetrators of corruption should be based on the reason for decency and dignity of justice. therefore, the confiscation of property must be harmonized with property which actually comes from corruption. justice of dignity in question cannot be separated from the values of pancasila which is volkgeist (the soul of the nation). one of the values of pancasila in question is of course a just and civilized humanity principle, which in turn can be concluded that the legal justice that is owned by the indonesian nation is justice that humanize man. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 justice based on the second principle of pancasila is referred to as dignified justice is that even though someone is guilty legally but still must be treated as a human being. "similarly, dignified justice is justice that balances between rights and duties. justice which is not only materially but spiritually, then the material follows it automatically. precious justice puts human beings as god's created creatures whose rights are guaranteed. " 4 .1.2. confiscation based on the drawing bill the main purpose of the perpetrators of criminal acts of corruption and criminal acts other with the economic motive is to get and enjoy the treasure of property from crime. thus, in the crime with this economic motive, the wealth of the proceeds of crime is the blood that sustains the crime, way the most effective means of eradicating and preventing criminal offenses with economic motives is to kill the lives of crimes by confiscating and confiscating the proceeds and instruments of such crimes. in the current legal system in indonesia, disclose the crime, find the perpetrator and placing perpetrators of criminal acts in prison (follow the suspect) proved to have no deterrent effect and was not effective enough to suppress crime rates if not accompanied by attempts to confiscate and confiscate proceeds and instruments of crime. seize and confiscate the proceeds and instruments of criminal acts of the offender not only transfer the assets of the perpetrators to the people but also will enlarge the possibility of the community to realize the common goal of the formation of justice and welfare for all members of the community. this in turn prompted the government of indonesia to issue a policy related to efforts to accelerate the eradication of criminal acts of corruption. one of the priority policies of the government of indonesia is the creation of a legal instrument capable of seizing all property resulting from a criminal offense and all facilities that enable the implementation of criminal acts, especially economic crime. seizure and seizure of proceeds and instruments of crime, in addition to reducing or eliminating the economic motive of the offender also allows the collection of large amounts of funds that can be used to prevent and combat crime. overall, it is will suppress crime rate in indonesia. 4 .1.3. conceptions of human rights and asset confiscation human rights are basically born since the time of prophet muhammad saw. history shows that the prophet muhammad, and muslims, for approximately 13 years in mecca counted since the appointment of muhammad saw." as a messenger he has not have the power and political unity that control one region. muslims became a free and independent community after yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 in 622 ad migrated to medina, city previously called yasrib. if in mecca they were previously oppressed weak people." "not long after the migration to madinah, muhammad saw made a political charter to organize a common life in medina inhabited by several different classes. prophet muhammad saw. it was necessary to lay down the basic rules of common life in medina, in order to form a unity of life among all its inhabitants. the newly formed life entity was led by muhammad saw and become a sovereign state. "thus, in medina muhammad saw had not only the nature of allah's apostle, but also has the head of state. scientists, especially historians, refer to the political texts made by muhammad saw with different terms including treaty, agreement, constitution, charter or charter. word charters and more charters lead to letter official which contains a statement about something, while the word constitution leading to the position of the manuscript as an official document containing the subject matter of state. in the end the political manuscripts made by muhammad saw was created into book standardized as "medina charter". medina charter as a whole contains 47 articles, of which the principle of equality and justice exists. the principle of equality and justice is contained in article 25 and article 37 of the complete medina charter are as follows: article 25 the jews and the bani 'awf are one people with the believer. for jews their religion, and for the muslims their religion. also (this freedom applies) to allies and themselves, except to those who are unjust and evil. it is so will self-destructive and his family. article 37 for jews there is a cost obligation, and for muslims there is a cost obligation. they (jews and muslims) help in facing the enemies of this charter citizen. they give each other advice and advice. good is not evil. indeed, a person does not bear the punishment of the consequence (error) of his allies. defense is given to the persecuted party. article 25 and article 37 of the medina charter reflect that the principle of equality and justice is a part of the human rights context, which has existed long before human rights values became popular internationally. therefore, human rights are believed to have universal value. the universal value means not knowing the boundaries of space and time. this universal value is then translated into various national legal products in different countries in order to protect and uphold human values. "even this universal value is confirmed in international instruments, including international agreements on human rights, such yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 as" international covenant on civil and political rights, international covenant on economic, social and cultural right , international convention on the elimination of all forms of racial discrimination". but the reality shows that the universal values of human rights in practice have no similarity and uniformity. interpretation right to live (the right to life), for example, can be applied differently from country to country. in translation of this right, each country has a different interpretation of how far the state can guarantee right to live. there are several theories that are important and relevant to the issue of human rights, namely the theory of natural rights (natural rights theory), positivism theory (positivist theory), and the theory of cultural relativism (cultural relativist theory). according to the theory of natural rights, human rights are the rights possessed by all people, at all times and in all places, because human beings are born as human beings. these rights include the right to life, liberty, and property as stated by john locke. recognition is not required for human rights, either from the government or from a legal system, because human rights are universal. based on this reason, the source of human rights is actually derived solely from humans. the theory of natural rights is then translated into various " bill of rights ", as enacted by the british parliament (1689), the united states declaration of independence (1776), the declaration of human rights and the citizen of france (1789). "more than a century and a half later, at the end of the second world war, the universal declaration of human rights (1948) was disseminated to the public internationally under the banner of natural rights. the legacy of natural rights can also be found in various human rights instruments in the americas and europe. " positivism theory strongly rejects the theory of natural rights. the main objection to this theory is that the natural rights of its sources are not considered clear. according to positivism a right must come from a clear source, such as from a state-made constitution or constitution. if advocates of natural rights degrade their notions of rights from god, reason or moral presuppositions a priori, positivists argue that the existence of rights can only be derived from state law. another objection to the theory of natural rights comes from the theory of cultural relativism (cultural relativist theory) which views the theory of natural rights and its emphasis on universality as an imposition of a culture on another given culture name cultural imperialism. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 according to the adherents of the theory of cultural relativism, there is no universal right. they feel that the theory of natural rights ignores the social basis of the identity possessed by the individual as a human being. humans are always the product of different social and cultural environments and cultural traditions and civilizations that contain different ways of being human. "therefore, the rights possessed by all human beings at all times and in all places are rights that make man socially disengaged (desocialized) and culture (deculturized)." in relation to human rights with criminal justice is known a right "fair trial". right over "fair trial" is something that must be taken into account in the life of democracy is an independent judicial power (independent judiciary) which guarantees the fair trial of all persons accused of a criminal offense. the recognition of human rights in indonesia is also regulated in chapter xa of the fourth amendment of the 1945 constitution, and specifically to the protection of the law is regulated in article 28d chapter xa of the fourth amendment of the 1945 constitution which states "everyone has the right to recognition, guarantee, protection and legal certainty fair and equal treatment before the law." the elaboration of the provisions of the 1945 constitution is also described in article 17 of law number 39 year 1999 regarding human rights which states: person without discrimination shall be entitled to obtain justice by filing a petition, complaint and suit, in criminal, civil, or administrative cases and tried by a free and impartial judicial process, in accordance with the procedural law which guarantees an objective examination by an honest judge and fair to obtain fair and right decisions. in relation to the perspective of criminal law, the elaboration of article 28d chapter xa of the fourth amendment of the 1945 constitution and article 17 of law number 39 year 1999 concerning human rights are as follows: a. a person shall be presumed innocent before a permanent legal court decision concerns his or her guilt; and b. one cannot be punished without error. that a person should be presumed innocent before a law-enforcement court ruling remains highly correlated with criminal sanctions which one of them is a sanction for plunder. criminal sanction of confiscation certainly cannot be done without legal basis, because based on article 28g paragraph (1) the second amendment of the 1945 constitution states that: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 "everyone is entitled to personal, family, honor, dignity and property protection under his control, and is entitled to a sense of security and protection from the threat of fear of doing or not doing something that is a human right. " the existence of state protection against its people as regulated in article 28g paragraph (1) of the 1945 constitution is also strengthened with the opinion of philip m. hadjon regarding legal protection for the people. legal protection for the people is divided into 2 (two) kinds of preventive protection and repressive protection. preventive protection, people are given the opportunity to file an objection or opinion before a definitive government decision. it aims to provide protection to the rights of the people derived from the rights of individuals, and provide protection to the rights of the community based on the mutual interests of the individuals living in the community. as stated by the previous author, that plunder is a form of imposition of criminal sanctions, and criminal sanctions themselves are part of law enforcement. in law enforcement, "the law serves as the protection of human interests, so that in order for human interests to be protected, the law must be exercised. the enforcement of the law can take place normally, peacefully, but it can also happen because of a violation of the law. " "in this case the law that has been violated must be enforced. through this law enforcement, the law must become a reality, and in enforcing the law there must be an element of legal certainty (rechtssicherheit ), and justice (gerechttigkeit)." legal certainty is a fair protection against arbitrary acts, which means that a person will can obtain something to be expected in certain circumstances, even people expect the existence of legal certainty, given the law in charge of creating legal certainty because it is headed for public order. 4 .1.4. theory of criminal liability in perspective of asset deprivation as it is known that confiscation is one form of additional criminal sanctions in article 18 of the corruption act. article 18 of the corruption act states that the confiscation of tangible or intangible, or immovable goods used for or derived from a criminal act of corruption. since plunder is a criminal sanction, the appropriation is born of a criminal act of corruption committed by a person. criminal acts in general are always attached to a mistake, and error is a requirement for a person to be accountable. therefore there is an opinion that the conviction of a person is not sufficient if the person has committed an act that is unlawful, so even if the act meets the formulation of the offense in the law, and is not justified, then it is not yet qualified to impose the criminal sanction. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 for prosecution there is a need to impose a penalty, in which the person committing a crime must have an error or guilty (subjective guilt). the element of error in criminal law is the most important element, because it is based on principle geen straf zonder schuld or liability based on fault /guilt or culpabilities, then the error is the first thing to look for in any crime. in chapter had previously been written about moeljatno's opinion that the criminal responsibility for the deeds committed by a person is called by criminal responsibility or criminal liability. associated with the context of doing such deeds, human beings have errors (schuld), because the principle of criminal liability is not punishable if there is no mistake. van hamel, one of the criminal law scholars, stated that between the will to do wrong and the most important element in accountability. van hamel in his opinion also divides the relationship between the will, and mistakes into 3 (three) things, that is: a. indeterminis, that man has a free will in action. therefore, in this indeterminist free will is the basis of the decision of the will, so that if there is no freedom of will, then there is no error; b. determinists, in principle, human beings have no free will, and the determination of the will is determined entirely by character, and motives that have both internal and external stimuli, ie one can not be found guilty of having no free will; c. the third thing is opinion outside "indeterminis" and "determinis", ie error has nothing to do with free will. strictly speaking, freedom of will is something that has nothing to do with criminal law. of course the legal system that does not open the opportunity for a person to make a defense or proof of his actions, it can be said there is no reasonable process (due process) in accounting for perpetrators of criminal acts. absence due process then it is certain that the mechanism of proof of criminal liability does not occur. hart even asserted in his book punishment and responsibility which has been described in chapter i, the law has always been seen as failing to provide valuable input to social life if in the practice of state law enforcement does not provide an opportunity for the offender to prove the crime. in the event of such a case, then a legal system will fail to form a law, and fail to make a valuable contribution to social life. the accountability of a person in a criminal law does not merely constitute a lawful imposition of a criminal offense against a person, but also fully believes that the person has been held accountable for his or her crime. even alf ross believes criminal responsibility has yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 a link between the facts as well as the provisions relating to the legal consequences that have been explicitly stated in the criminal liability mechanism. alf ross's opinion is in harmony with the concept of criminal responsibility is the accountability of people against the criminal acts committed. therefore, the occurrence of a criminal liability is always attached to a criminal act committed by a person, so criminal liability is essentially a mechanism established by the penal law to prove that the offender may be subject to criminal sanction or cannot. therefore, a criminal liability also cannot be separated from the element of error ( schuld ), in which error is an act that violates the system norm legislation. the existence of a condition of error in a criminal liability mechanism, then also cannot be separated from the system of imposition of criminal sanctions. criminal sanctions for the confiscation of assets of corruption actors as regulated in the corruption law, of course, in law enforcement also can not merely put forward the mechanism of reversing the burden of proof as stipulated in article 37a paragraph (1) and (2) of corruption law which states in essence there is a legal obligation for the defendant to provide information about all his property and property of his wife or husband, children and property of any person or corporation alleged to have correlation with the alleged case. in the event that the defendant cannot prove that the wealth is not equal to his income or the source of the addition of his wealth, the information is attributed to all his property or his family or corporation can be used as evidence that the defendant has committed a criminal act of corruption, so further, the assets may be seized by the state. indeed, article 37a paragraph (1) of the corruption law confirms that the unfairness of tracing is related to the indicted case, so that article 37a cannot be implemented against assets not related to the case in which it is charged. however, the existence of a reversal of the burden of proof can potentially be related to the assets of corrupt criminals who are not actually from corruption. in law enforcement, confiscation in addition to being linked to corruption law is also linked to the tppu law. it is necessary for the authors to affirm that the correlation between seizure and the tppu law cannot be separated from the concept of money laundering (money laundering). the concept of money laundering in principle is an attempt or process of disguising or concealing the proceeds of a crime to alter the proceeds of the crime as if it were derived from a legal act of law. the emphasis of the concept of money laundering according to the author lies in the phrase "evil". the crime referred to in the concept of money laundering is of course a crime yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 of origin ( predicate crime ), in which the qualification of the offense is regulated in a limitative manner in the tppu law in each country. the tppu law in indonesia mentions one of the original crimes (predicate crime ) is a criminal act of corruption. attributed to the element of "crime" in the formulation of the concept of money laundering, the basic character of money laundering crime is a crime that cannot stand alone, but the criminal act of money laundering attached to the criminal act of origin which is certainly associated with the author's research substance is action criminal corruption. because of the crime of money laundering, and one criminal act of corruption same (inextricably linked to the theory of criminal liability), a person suspected of committing money laundering crimes cannot be held accountable independently of his alleged actions related to the tppu law without first or jointly conducting its proof with a criminal offense the origin. it is in harmony with those described in the preceding paragraph that in order for a person to be held accountable for a criminal offense, it is absolute that a person has errors, and mistakes can always be inseparable from the element of will. as romli atmasasmita's opinion which was also previously written in chapter ii of this dissertation, that the original offense (predicate crime ), and money laundering (money laundering) proceeds of crime) does not have one evil will or mens rea that same . this is because the intention to commit the original criminal acts embodied in a different act with the will to commit money laundering crime. the author further clarify that the will of someone who committed the crime of corruption is clearly different from the will of someone who committed the crime of money laundering, so that a person who committed the crime of money laundering must first be proven underlying predicate offenses. based on the above, romli atmasasmita argues that money laundering crime does not include continued criminal conduct (vorgezette handeling), but this crime is a criminal act (perbarengan) that stands alone even if there is one relationship same other. romli also argues between the crime of origin and the criminal act of money laundering has the distinction lies in original intent (true will). the original criminal act still rests on the aspect of deeds and its maker ( daad-dader strafrecht ). the next difference is that the two crimes have a good impact on the act, and the mistake of the manufacturer, while the proof of property in the crime of money laundering is related to the acquisition of assets allegedly derived from a crime, so romli concluded that between the defendant's properties against his original criminal offense. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 romli's opinion is related to simons's opinion which the author has also described in chapter ii of this dissertation. simons argues that in essence that a person according to the legislator is considered that he is guilty, if he can realize his actions against the law, therefore, he determines the will of the deeds he does. based on the above matters, the confiscation of corrupt assets of assets suspected to be obtained from the criminal act of corruption, whether through the burden of proof of correction in the corruption law and through the approach of the law on tppu, all must be put forward the theory of criminal liability, that is to be proven wrong perpetrator criminal act of corruption. 5. conclusion uncac regulates the crime of laundering proceeds (laundering of proceeds of crime), in which uncac in principle affirms that money laundering is not a stand-alone legal issue but is embedded in a criminal act of corruption which is a crime of origin (proceeds of crime). in the perspective of national law, basically in harmony with the principle of uncac, the issue of money laundering is always attached with the criminal act of origin. the mistake is the beginning to prove the existence of a criminal act of corruption which in this case is a criminal act of origin (predicate crime ). thus, the separation of money laundering criminal law enforcement by corruption is, of course, a denial of the law enforcement principle of money laundering. law enforcement is included in this case is the imposition of sanction of deprivation on corrupt assets must consider human rights from perpetrators of corruption. therefore, the theory of accountability must be the legal basis before imposing sanction of asset deprivation, meaning that the assets of the perpetrators of corruption cannot be taken away. even if using a legal instrument of the tppu law, before a person has not been held liable for alleged criminal acts of corruption, the criminal sanction of deprivation cannot be imposed on a person. imposition of criminal sanction of deprivation by referring only to the law on tppu without prior accounting for corruption as a criminal act of origin (predicate crime), then such law enforcement is also clearly opposed to the theory of justice that is dignified justice, whose meaning is to humanize human dignity and human dignity. references ali, ahmad, legal theory and theory of justice including the interpretation of theact,kencana prenada media group, jakarta, 2014. arief amrullah, m., money laundering (moneylaundering),bayu media publishing, malang, 2004. yurisdiksi jurnal wacana 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m. yanuar, purwaning, asset corruption results based on the un convention against corruption, 2003 in indonesian lawsystem,alumni, bandung, 2007. majda el muhtaj, human rights in the indonesian constitution of 1945 until the 1945 amendment of2002,kencana prenadamedia group, jakarta, 2005. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban ebit rudianto1, mohammad roesli2 1.2faculty of law, merdeka university surabaya email: ebietrudianto@gmail.com abstract the purpose of this research is to find out the process of implementing revolving fund loans to pnpmmp and how the settlement of problem loans in revolving fund loans under pnpmmp in terms of the credit agreement law and guarantee law. the problem is the process of implementing pnpmmp revolving loan funds, the obstacles encountered in the process of revolving fund lending and the settlement of problem loans in pnpmmp revolving loan loans in terms of the credit agreement law and guarantee law. the method used in the writing of this thesis is a normative juridical research method and is supported by a descriptive empirical juridical research method, which expresses legislation relating to implementation in society which is the object of research. the lending goes through several stages namely the loan application stage, the inspection stage, the decision stage, and the loan realization stage. this revolving fund loan is very large, felt useful in helping the progress of people's economic life but is not always going well and smoothly, delinquent loans become a common obstacle in the process of lending because revolving non-current funds into problem loans due to ksm defaults due to substandard debtor business, one of ksm members do not make loan repayments, the joint responsibility system is not implemented. settlement of problem loans is resolved through deliberation and through 3 approaches, namely collecting arrears, rescuing non-performing loans (rescheduling, reconditioning and restructuring) and billing through legal channels. keywords: civil law, credit, regular funds. 1. introduction the national urban independent community empowerment program (pnpmmp) has a structure in carrying out its activities. the national community empowerment program urban mandiri gives confidence to the community self-reliance institution (lkm) to manage one of the programs in achieving its goals. the community self-reliance institution (lkm) is a nonprofit organization, but the mfi has a financial management unit (upk) that aims to earn profits to support the mfi's primary mission of overcoming poverty by providing "revolving loans" that can be used to increase the incomes of the poor. in its management, the government created a program that supports the mfi's mission to overcome poverty, which is called "revolving fund loans" which is one of the national urban community empowerment programs (pnpmmp). this revolving fund loan is poverty reduction by empowering the community through economic activities, namely micro-scale loans to the poor in rural areas or villages where lkm / upk is located with the stipulated terms and conditions (noor, 2014). provision of revolving loans to the poor through self-help groups (cbos), the community itself decides whether to use revolving loan activities in poverty alleviation programs. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 determination of revolving loan activities to the poor is decided by the community itself through the community self-reliance institution (lkm). the implementation of revolving loans to the community can only meet the criteria of good management and on target if the implementation goes according to the provisions and expectations of the p2kp especially pnpm urban urban ( noor, 2014). the basic principle of the achievement of revolving loan performance is as a result of the efforts and performance of the manager and the benefits of the recipient of the revolving fund, especially the community. the performance of revolving loan funds due to irregularities in noble values underlying the existence of pnpmm was not justified at all. one form of revolving loan disbursement that can be agreed upon and carried out between upk and the community is the provision of loan funds, the amount of which has been stipulated in the instructions for implementing the revolving fund loan. in its implementation, upk as a creditor provides loans to the community as debtors with a predetermined deadline and interest (ar hadi, effendi, & hasanuddin, 2013). the granting of this loan should naturally follow the relevant rules, among others, the civil code (civil code) in general as well as contract law and guarantee law in particular. where in this case will have legal consequences in the form of achievement fulfillment. achievement is an obligation that must be fulfilled by the debtor in each engagement. fulfillment of achievement is the essence of an engagement. according to the provisions of article 1234 of the civil code, every achievement is to give something, do something or not do something. thus the form of achievement is giving something, doing something, or not doing something (a.r hadi et al., 2013). in any form the granting of credit is carried out, in all of its essence what happens is a loan agreement as stipulated in the civil code article 1754-1769. borrowing is an agreement whereby one party gives the other party a certain amount of goods that are used up due to usage, on condition that the latter party will return the same amount of the same type and quality (article 1754). 4 as with the loan agreement, this money lending is generally considered to be a "real" agreement not a mere "consensueel", because in article 1754 it is not but that he handed over the money to another party (a.r hadi et al., 2013). by using the name "verbruiklening" civil code in title 13 book ii (articles 1754-1769) regulates the terms of the agreement, in which one party hands over to another party an amount of money or items that can be replaced (vervangbarezaken) with a promise from the other party for later days return to the first party the same amount of money or a number of items of the same type and value (article 1754). article 1754 of the civil code which states the same amount, is not an absolute rule (geendwingendrecht), and article 1765, in fact, permits expressly, for borrowing yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 money promising interest payments. obligations to meet the achievements of the debtor are always accompanied by responsibility (liability), meaning that the debtor risked his assets as collateral for the fulfillment of his debt to the creditor. according to the provisions of article 1131 and article 1132 of the civil code, all debtors' assets, both movable and immovable, both existing and existing will guarantee the fulfillment of their debts to creditors. such guarantees are called general guarantees (a.r hadi et al., 2013). legal guarantees, the provision of credit is a gift of money based on trust, in the sense that a bank or non-bank financial institution believes that the debtor is able to return the loan principal and the interest. likewise the debtor believes that banks or non-bank financial institutions can provide credit to him (lastianti, muryani, & ali, 2018). to maintain that trust, the debtor and the creditor can promise the imposition of collateral. the imposition of collateral carried out by the guarantor aims to obtain credit facilities from banks or nonbank financial institutions (roesli, heri, & rahayu, 2017). in addition to the term collateral, also known as collateral. the term collateral can be read in article 1 number 23 of law number 10 of 1998 concerning amendment to law number 7 of 1992 concerning banking. collateral is: "additional collateral submitted by the debtor customer to the bank in order to obtain credit or financing facilities based on sharia principles." collateral in this construction is an additional guarantee (accessoir). this guarantee is submitted by the debtor to the bank. the revolving fund loan program carried out in the form of lending activities to the community by pnpm urban urban which has been ongoing to date is still based on the principle of mutual trust between creditors and debtors. this raises various problems, one of which is the default of loan repayments provided by creditors to the debtor (ar hadi et al., 2013). bad credit or problem loans are loans that have difficulty paying off due to factors or intentional elements or due to conditions beyond the ability of the debtor. a credit is classified as bad credit if the provision of revolving fund loans with the activity of granting loan funds to the urban pnpm mandiri is an activity based on the values and objectives of the government to help improve the standard of living of its people, however it must still pay attention to the rules and regulations that apply the objectives to be achieved in the implementation can be fulfilled and increasingly developed in the future. in this study more specifically, the author will discuss revolving fund loans, but in the process this revolving fund loan does not always run smoothly. departing from the various reasons and reasons above, the title "juridical review of problem credit settlement in revolving fund loans is judged from the civil law aspect of study in the national urban independent community empowerment program (pnpmmp)" (lestari, 2014) yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 2. research method the research method used is normative juridical and supported by empirical juridical research methods. normative juridical research is a method of research conducted by examining mere literature or secondary data that is to search for legal norms contained in applicable laws and regulations, as well as to obtain data and information contained in various library literature. whereas empirical juridical research methods, 11 namely research on the laws and regulations governing the topics raised, then see the compatibility between the things specified in the legal regulations with their implementation in the field of enactment and to obtain data and information. the empirical juridical method in this research, namely from the results of the collection and discovery of data and information through studies in the national urban empowerment community empowerment program. the empirical juridical research method is conducted by interviewing informants related to this research. 3. results and discussion 3.1. general reviewregarding credit agreement as well as warranty aspect article 1313 of the civil code which states that an agreement is an act by which one or more persons commit themselves to one or more persons. according to handri raharjo, sh, refinement of the definition of agreement (article 1313 of the civil code) is a legal relationship in the field of assets based on an agreement between one legal subject and another, and between them (the parties / legal subjects) bind themselves to each other so that one legal subject is entitled to achievement and so is another legal subject obliged to carry out his performance in accordance with an agreement agreed upon by the parties and cause legal consequences. 5 according to apeldoorn the agreement is called a factor that helps the formation of the law, whereas according to lemaire the agreement is a legal determinant.6 based on the civil code article 1313, it is stated that an act in which one or more people commit themselves to one or more people. one or more promises to another or more or each other promises to do something. this is an event that gives rise to a legal relationship between the people who make it. but there are some weaknesses in the provisions of this article. these weaknesses can be described as follows: 1. there is a will agreement between the parties who made the agreement (consensus). 2. there is the ability of the parties to make agreements (capacity). 3. there is a certain subject (a certain subject matter). 4. there is a halal cause. the first two conditions, called subjective conditions, because of the person or subject who entered into an agreement, while the last two conditions are called objective conditions because of the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 terms of the agreement itself or the object of the legal act carried out. if the subjective conditions are not fulfilled, the agreement is flawed and can be canceled by the judge by the party who has given permission not to freely or incapable of making the agreement. if the objective conditions are not fulfilled then the agreement is null and void. 3.2. general review of pnpm mandiri and scrolling funds the national program for independent community empowerment is a national program for poverty reduction, especially based on community empowerment. the understanding contained in pnpm mandiri is a national program in the form of a policy framework as a basis and reference for the implementation of poverty reduction programs based on community empowerment. pnpm mandiri is implemented through the harmonization and development of systems and program mechanisms and procedures, providing mentoring and stimulant funding to encourage community initiatives and innovations in efforts to reduce poverty. community empowerment is an effort to increase community capacity, both individually and in groups, in solving various problems related to efforts to improve the quality of life, independence and welfare (rubiyanah, minarsih, & hasiholan, 2016). community empowerment requires great involvement from the regional government apparatus and various parties to provide opportunities and ensure the sustainability of the results achieved.52 thereduction program poverty urban (p2kp) has been implemented since 1999 as a government effort to build community and local government independence in tackling poverty on an ongoing basis. this program is very strategic for preparing the ground for selfreliance in the form of "agency community leadership" representative, rooted and conducive to the development of social capital (social capital) community in the future and set up "community program medium-term poverty reduction" which became binding in partnership society with local government and local care groups.53 considering the positive development of the p2kp, starting in 2007 it was pioneered to adopt p2kp to be part of the national community empowerment program (pnpm) mandiri (rahayuningsih, 2013). pnpm mandiri, starting in 1999, began with the kecamatan development program (ppk) as a basis for developing community empowerment in rural areas and supporting programs such as pnpm generasi; the urban poverty reduction program (p2kp) as a basis for the development of urban community empowerment; and the acceleration of development of disadvantaged and special regions (p2dtk) for the development of disadvantaged, post-disaster and conflict areas. starting in 2007 the government of indonesia developed ppk, p2kp, p2dtk into a national independent community empowerment program (pnpm) consisting of pnpm mandiri in rural areas (development of ppk), urban pnpm mandiri (development of p2kp), and pnpm mandiri in yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 special areas and underdeveloped villages (p2dtk development ). in 2008 pnpm mandiri was expanded by involving the regional socio-economic infrastructure development program (pisew) to integrate centers of economic growth with the surrounding area. pnpm mandiri is strengthened by various community empowerment programs implemented by various ministries / sectors and local governments. the implementation of pnpm mandiri 2008 was also prioritized in underdeveloped villages. the integration of various community empowerment programs into the pnpm mandiri policy framework that includes development is expected to be extended to remote and isolated areas. the effectiveness and efficiency of activities that have often duplicated between projects are also expected to be realized (ap hadi, agribusiness, & agriculture, 2009). since the empowerment process generally takes 5-6 years, pnpm mandiri will be implemented at least until 2015. this is in line with the time target of achieving the millennium development goals (mdgs). the implementation of pnpm mandiri based on measurable indicators of success will help indonesia realize the achievement of the mdgs targets. mdgs areagreements globalto achieve common development targets, namely eradicating poverty and hunger; basic education for all; gender equality and women's empowerment; reduce child mortality; improve maternal health; reduce infectious diseases and other diseases; guaranteeing environmental sustainability; and developing global partnerships for development. therefore, starting in 2007, pnpm mandiri p2kp was directed to support efforts to increase the human development index (hdi) and achieve the millennium development goals (mdgs) so that the reduction of the poor by 50% in 2015.84 in 2008 p2kp became a full national empowerment program urban independent community (pnpm mp). as part of pnpm mandiri, the principle objectives and approaches set out in pnpm mandiri also become the goals, principles and approaches of pnpm urban urban (rahayuningsih, 2013). pnpm's general objective has been set in the pnpm general guidelines, namely "increasing the welfare and employment opportunities of the poor independently." specifically, pnpm mp's goal is "helping urban poor communities in villages / villages participating in the program benefit from improved environmental conditions and good governance. . the principles set out in the pnpm mandiri general guidelines are as follows: · focus ondevelopment human. the implementation of pnpm has always relied on increasing human dignity and integrity. · poor people oriented. all activities carried out give priority to the interests and needs of the poor and disadvantaged communities. · community participation is actively involved in every process of development decision making and in mutual cooperation in carrying out development. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 · autonomy. in the implementation of pnpm, the community has the authority to independently and participatively determine and manage development activities in a selfmanaged manner. · decentralization. the authority to manage sectoral and regional development activities is delegated to the regional government or the community in accordance with their capacity. · gender equality and justice. men and women have equality in their roles at each stage of development and in enjoying equally the benefits of development activities. · democratic. every development decision making is done through deliberation and consensus while still being oriented to the interests of the poor. · transparency and accountability the community must have adequate access to all information and decision making processes so that the management of activities can be carried out openly and held accountable both morally, technically, legally and administratively. · priorities governments and communities must prioritize meeting the needs for poverty alleviation by optimizing the use of a limited range of resources. · collaboration all stakeholders in poverty alleviation are encouraged to realize cooperation and synergy between stakeholders in poverty reduction. · sustainability every decision making must consider the importance of improving the welfare of the community not only now but also in the future while maintaining environmental sustainability. · simple. all rules, mechanisms and procedures in pnpm implementation must be simple, flexible, easily understood, and easily managed by the community. · approaches needed through comprehensive handling on an adequate regional scale that enables integration between sectoral, regional and participatory approaches in this case the sub-district is chosen as a program locus that is able to bring together planning from thegovernment level district / cityand from the community level. · the scope of pnpm mandiri's activities is basically open to all poverty reduction activities that are proposed and agreed upon by the community, including: 86 · provision and improvement of markets / facilities for settlement, social and economic environments in labor-intensive activities. · provision of financial resources through revolving funds and micro-credit to develop the economic activities of the poor. greater attention is given to women to take advantage of this revolving fund. · activities related to improving the quality of human resources, especially those aimed at accelerating the achievement of the millennium development goals (mdgs) targets. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 · enhancing the capacity of the community and local government through critical awareness, business skills training, organizational and financial management, and the application of good governance. overview of revolving fund loans the definition of revolving fund loans in the urban poverty reduction program (p2kp) has been carried out since 1999 as an effort by the government to build community and local government independence in sustainable poverty reduction. this program is very strategic because it prepares the foundation for community independence in the form of representative, rooted and conducive community leadership institutions for the development of social capital in the future and prepares medium-term community programs in poverty alleviation that are binding in community partnerships with local governments and local care groups (lestari & djanggih, nd). pnpm mandiri (national community empowerment program) mandiri is committed to tackling existing poverty by empowering communities through infrastructure, social and economic activities (tridaya). in order to encourage the community to build social capital in these three activities, pnpm mandiri provides financial assistance to communities identified by blm (community direct assistance) funds channeled through lkm (community self-help institutions). in economic activities, it is realized by the activities of revolving loans, namely lending on a micro scale to the poor in rural areas or villages where lkm / upk is located with the terms and conditions that have been set. some of the blm funds can be used as capital to provide loans to the poor through revolving loans. loans come from stimulant capital blm funds that are channeled by upk to the poor in the kelurahan / village as one of the programs provided by pnpm mandiri to improve welfare their. blm funds are community assets that must be managed transparently and responsibly, so in the future it is expected that blm funds will become an endowment fund for urban / rural communities in poverty reduction in a sustainable manner (yustianti & roesli, 2018). revolving loans are managed by upk-lkm that have fulfilled the requirements as specified in thecycle formation lkm / upk. the beneficiaries of this revolving loan are basically all the poor people listed in the mfi medium-term program identified through selfmapping. revolving loans must be utilized for productive purposes which can increase their income and / or welfare. objects and scope of revolving fund loans in order for the implementation of revolving loans activities to run properly and in accordance with the stated objectives, basic rules forloans need to be made revolving, among others concerning the feasibility agency of a revolving loan management, the eligibility of borrowers, loan funds, revolving loan services and assistance that is included in the discussion of the object and scope of revolving fund loans. the institution that directly manages the revolving loan activities is the financial yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 management unit (upk) (mahendra, 2017). upk is one of the management units of 3 management units under the mfi. the other two management units are the environmental management unit (upl) and the social management unit (ups). the complete structure of the mfi is as follows: before the revolving loan activity in the relevant kelurahan begins, a feasibility test must be carried out, both for the mfi / upk, as well as for ksm / members by using the instrument of eligibility criteria that has been prepared. revolving loan activities can be carried out, only if the actors have met the eligibility criteria as will be explained below. kmw (regional management consultant) is responsible for assisting the achievement of lkm / upk eligibility criteria. while the facilitator and local volunteers are responsible for assisting the achievement of the eligibility criteria of the group and its members. the community self-reliance institution (lkm) that will manage the revolving loan activities must meet the following minimum requirements: the mfi has been legally formed in accordance with the provisions of urban pnpm mandiri and has a statute in which among other things states that: 1. revolving loan activities will be carried out as incorrect a poverty alleviation tool in the region. 2. revolving loan funds are only intended for revolving loan activities. upk revenue is only to finance upk operational activities and cannot be used to finance other activities, including mfi and supervisor fees. monitors can only be financed from upk's annual net profit. 3. lkm has appointed upk supervisors (2-3 people) and upk officers (minimum 2 people). all have received training and urban pnpm mandiri and have had a description of their duties and responsibilities. 4. mfis with community approval have made the basic rules of revolving loans containing ksm criteria and members who can receive loans, initial loan size, loan service amount, loan term and loan installment system as well as provisions regarding the joint responsibility of ksm members. 5. for the old kelurahan / villages (which have already run p2kp): the performance of the revolving loan that has been implemented reaches satisfactory criteria; risk borrowers (lar) <10%, risk loans (par) <10%, cost income ratio (ccr)> 125% and investment returns (roi)> 10%. lar is an indicator that shows how% of borrowers are in arrears, this figure is obtained from the results of comparing how many ksm borrowers are in arrears ≥3 months with all ksm borrowers who still have loan balances. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 upk supervisors who are tasked with overseeing upk activities in managing revolving loans have met the minimum criteria including: 1. has been appointed by the mfi with community approval of 2-3 people, fulfilling male and female elements. 2. already have a job description that includes the duties and responsibilities of the supervisor. has attended training organized by urban pnpm mandiri. par is an indicator that shows what% of loans are in arrears, this figure is obtained from the results of comparing the number of loans in arrears ≥3 months with the total realization of loan balances at upk. cc is the ability of upk to cover costs from the income it receives, this figure is obtained from the results of comparing between all the income earned by upk with all costs incurred by upk. roi is the ability of upk to generate profits from capital used for carved loans, this figure is obtained from the results of comparing profits obtained by upk with capital used for revolving loans of the financial management unit (upk). revolving loans are self-help groups (cbos). borrowing cbos and their members as prospective borrowers must meet the eligibility criteria required to obtain a revolving loan from upk. only cbos and members who meet the eligibility criteria can be served by lkm / upk. in other words, ksm borrowers and their members who do not or do not meet the eligibility criteria cannot be served and there must be assistance before the ksm borrower meets the eligibility criteria as prospective borrowers. theksm borrower refers to the process of establishingprocess of establishing ksm in general, only the ksm objectives borrowers here are to obtain revolving loans from upk (hajaroh & mulyono, 2014). source of revolving loan funds funds from other sources: funds from other sources in the form of channeling or loans from formal financial institutions both banks and cooperatives in the vicinity of the mfi's location. the purpose of channeling funds or loans is to provide access to loans for ksm who have met the maximum lending limit both in terms of the amount of the loan (has reached rp 2,000,000.00) or in terms of frequency of lending (has reached 4 times the loan). it is expected that through channeling funds and loans from formal financial institutions, ksm and its members will be able to get access to further loans from these institutions. 3.3. review of completion juridical performing loans in the revolving loan fund viewed from the aspect of law civil revolving loan fund that provides financial resources through revolving funds and microcredit to developactivities the economicof the poor. revolving loans must be utilized for productive purposes which can increase their income and / or welfare. the variety of types of businesses, also causes a variety of needs for funds and the ability to develop businesses also differ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 in each community self-help group (ksm) (hermansyah & hum, 2009). in granting these revolving loans / loans, credit agreements become important and fundamental. before entering into a credit agreement, an agreement is first made, because the agreement is an agreement that binds both or more parties governed by applicable law, so it is called an engagement, in which must be carried out or fulfilled by the parties owing.65 agreement credit is a consensual agreement between the debtor and the creditor that creates a debt and credit relationship, where the debtor is obliged to repay the loan provided by the creditor on the terms and conditions agreed upon by the parties.66 therefore, with a revolving credit agreement between bkm / upk and this cbo then arises an engagement that causes consequences or legal relationships made by the parties so that it has legal consequences in the form of rights and obligations as a result of an agreement that will be binding on the bkm / upk that provides loans and cbos as borrowers. as thisagreement revolving loan / credit fundresults in loan repayment obligations in the form of installments resulting from the business carried out by each member of the ksm group for a predetermined period of time so that it can be rolled out to othergroups cbo that submit loan applications to bkm / upk (sipahutar, nd). the loan agreement between ksm and bkm / upk if reviewed through the legal conditions of an agreement has fulfilled the elements of the agreement contained in the 1320 civil code: agree those who bind themselves. the point is the existence of agreement / consensualism. the credit agreement in the pnpm program is based on an agreement between the two parties, namely bkm as a creditor and ksm members as debtors. proficient to make an agreement. the ability to make an agreement, or not under supervision or because of legislation is not prohibited from making an agreement. both parties namely bkm and ksm in this agreement have no obstacles to enter into an agreement (salim, 2014). the subjects in this agreement are debtors namely cbos and creditors namely bkm who are bound in this agreement have the same legal skills to do a legal action that is making an agreement and there is no prohibition from any party for cbos and bkm to enter into an agreement. a certain thing in an agreement is the object of the achievement of the agreement that is clear, what, how much and how. this credit agreement is an agreement between the creditor (ksm) and the debtor (bkm) carried out clearly, namely an agreement that has provisions including clear types of business, carried out with clear processes and procedures, the amount of credit in rupiah value clearly stated, the existence how to repay loans that become credit obligations and others. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 a lawful cause. the purpose of the agreement is not intended for engineering or for certain crimes. this agreement between ksm and bkm has the aim to help improve the economy of the poor, and is used for purposes that are not illegal (not for crime). in the pnpm mp revolving credit agreement in the ksm statement there is also a statement regarding the joint responsibility of the ksm members stating "agreed to implement joint responsibility (bear the arrears of other members if unable or not in good faith) to pay installments to the upk, which means that in relation to the fulfillment of article 1282 of the civil code that is "no engagement is considered liable, but if it is stated expressly." the stages of the implementation of the revolving loan activities are divided into three stages namely the preparatory stage, the implementation phase and the termination stage. constraints encountered in the process of implementing revolving fund loans to pnpm mandiri are due to the implementation either intentionally or not the community receiving credit as a ksm (community self-help group) defaults so that the independent pnpm has difficulty in demanding loan repayments. the inability of the debtor in this revolving loan is the self-help group (ksm) in completing and returning the loan can be classified as default. default is a situation where a debtor (owes) does not fulfill or does not carry out the achievements as stipulated in an agreement. defaults due to substandard debtor business that is influenced by various factors, namely because the business undertaken does not get sufficient profits to repay loans, use of loan money for other needs or one of the ksm members does not make loan repayment payments (aturrohmah, 2019). based on the credit agreement in this case bkm does not apply an analysis of collateral appraisal to all ksm members who have entered into a credit agreement because the credit agreement is based on the trust and characterization of prospective ksm members. this is also the cause of problems in revolving loan loans. therefore, the majority of credit users are bound by collateralfree agreements, this is what causes defaults. in the credit agreement contained in the ksm it has been clearly stated that there is a joint responsibility statement in writing between the members of the ksm group, as mentioned above that joint liability savings are considered as collateral in this revolving fund loan, but in the case of ksm formed from different types of businesses that are jointly and jointly bear different meanings, even though it has been agreed separately that the credit is a joint responsibility agreement between ksm members (subekti, 1989). but the understanding in this case is that when one of the ksm members defaults, the other ksm members in the ksm group, especially the ksm group leader, help remind and collect achievements on the ksm members who commit the default. so that in yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 implementation if a problem loan occurs, it cannot be resolved and only waits until the cbo is able to repay the loan (hermansyah & hum, 2009). in fact, the weakness of loans through government programs without the use of collateral / collateral requires optimal assistance, moreover the target is poor households, most of which have low levels of human resources so that they are easily affected by issues / incorrect information, for example many people are affected by negative issues so they are principled that loans through pnpm are grants by the government and do not need to be returned (salim, 2014). loans that cannot be returned within the stipulated time period cause revolving funds to become non-current and groups of people who want to borrow must wait to get a loan. this is a common obstacle in the process of implementing revolving fund loans so that the revolving loans / loans are said to be loans / non-performing loans. loan collection is not a recommended method of collection under this revolving loan program, with considerations including: 1. there is no collateral; 2. costs are too expensive, the process is quite long and time-consuming and must be supported by sufficient evidence. but in the loan agreement it is stated that if there is a difference in the internal understanding of the group or the bkm, if it does not find a way out which is done by deliberation to reach an agreement then it will be resolved by legal means. the settlement of the default can be carried out by bkm by taking legal action by committing general confiscation of all ksm members' assets. in accordance with the statement of article 1131 of the civil code states that all material debts, both movable and immovable both existing and new will be in the future become dependents for all individual engagement. the meaning contained in this article is that all debtors 'assets (meaning ksm, especially ksm members), both movable and fixed objects, both existing and future objects, are guarantees for all ksm members' stomachs. bkm can make an assessment of the economic value of all assets and valuables belonging to members of the ksm that default as repayment of the remaining outstanding achievements. based on interviews conducted generally resolved by deliberation to reach a consensus involving the bkm / upk and the community including the ksm group who have problem loans to discuss what steps should be taken and how to rescue the problem loans so that they can continue to be rolled out to other communities, the method of settlement carried out to the ksm in arrears above (3 ksm) by visiting the ksm party experiencing problem loans and reminding to repay the loan but until before there is payment, so it should be necessary to withdraw the items contained in the list of guarantees in the statement letter ksm (abdulkadir, 1990). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 this is not in accordance with the discussion above regarding the rules in the implementation of revolving loan guidelines regarding the provisions in the settlement of problem loans, which are mentioned in terms of collecting arrears that if after the second visit is carried out and still not produce results (still in the form of a promise to pay) then the cbo arrears are given a warning letter (sp) whose contents so that the arrears complete payment. this is so as to create a warning letter to follow up on the ksm problem loans, but until before there is an action from either bkm or upk. cash guarantees that should have been obtained from joint liability funds are also not carried out as functions if there are members who cannot fulfill their obligations. this is not in accordance with the points to disburse joint liabilities in settlement through an arrears collection approach which states that joint liabilities (both cash and book-transfer) are disbursed based on the clause in the loan agreement, by utilizing a power of attorney to disburse joint savings in case of arrears which also arises the regulation is stated in therecognition form debtliability and joint which examines the debt acknowledgment, joint liability statement and savings bookkeeping authority. with the existence of these points, the system of collective responsibility contained in a statement of agreement ksm in applying for loans that have been agreed between the members of ksm and the bkm / cgu should be adhered to and an obligation to be fulfilled and implemented as defined in section 1338 of the civil code "arrangements made legally valid as a law for those who make it ", but in reality it is not implemented, because if there are members who are in arrears, joint funds from any other member in a cbo that are not experiencing arrears should be used to make loan repayments not run properly and in practice members who are not in arrears are allowed to make other groups make loans so that billing is only made to members who are in arrears (muhammad, 1982). as described in the above discussion regarding the efforts to rescue troubled loans, when associated with the theory relating to the settlement of credit 3r are rescheduling (rescheduling), return requirements (reconditioning), and realignment (restructuring). and billing through legal channels is not the preferred solution even though in the ksm statement states that "if there is a difference in the internal understanding of the group or the bkm, it will be resolved by consensus, but if it does not find a way out it will be resolved through legal channels." 4. conclusion lending is based on mutual trust, the application of 5c (character, condition, capacity, capital, and collateral) is also not always appropriate in its implementation, as mentioned above that no material collateral is allowed but in the ksm statement of ksm revolving loan funds there is a list of loan collateral from each ksm member. delinquent loans cause revolving funds to become non-current and groups of people who want to borrow must wait to get a loan. this has yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 become a common obstacle in the process of implementing revolving fund loans because ksm defaults due to non-current debtor business influenced by several factors, namely because the business made sufficient profits to repay loans, the use of loan money for other needs or one of the ksm members does not make payments loan installments, loan agreements are based on trust and introduction of the character of prospective ksm members, as well as not implementing a joint responsibility system. the solution is done by going to the cbo who is experiencing problem loans and reminding to repay the loan. 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(2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 customers’ accounts receivable late submission to curator of insurance companies facing banckruptcy (bumi asih jaya insurance bankruptcy case) anisa retno kusumadewi law faculty of airlangga university email : anis_kusumadewi@yahoo.com abstract this is a normative juridical legal research, i.e a research that examines applicable laws and regulations. decision of the supreme court number 408 k/pdt.sus-pailit/2015 granted a request for bankruptcy by the financial services authority (ojk) because the application fulfilled the bankruptcy requirements as article 2 paragraph (1) of the bankruptcy law which states that the debtor has two or more creditors and does not pay at least one debt that has matured and can be billed, is declared bankrupt with a court decision, both on its own request and on the request of one or more creditors. in 2016, curator also invited creditors and policy holders of pt asuransi jiwa bumi asih jaya to attend the first creditor meeting. policyholders submitted bills to the curator with the deadline for submitting bills on august 30, 2016. until today, not all of the policyholders of pt asuransi bumi asih jaya have been paid by the policy and most of them have not received information about bankruptcy assets carried out by the curator. the author examines two points, first the customer position as the insurance policy holder if the insurance company is bankrupt and their legal ffforts as the holders the policy if the insurance company is bankrupt and are late in registering the receivables to the curator. the customers’ position is viewed from the perspective of civil law and insurance rules, through the principle of lex specialis derograt legi generali, its position as policyholder is included in the preferred creditor. legal remedies can be taken by the insurance policy holder to the curator because after a company is bankrupt, the bankruptcy is the responsibility of the curator. keywords: late submission of accounts receivable, bankrupt insurance company, curator 1. introduction insurance companies as service companies sell services to customers while acting as investors from community savings to productive investments. life insurance company is a company that provides services in risk mitigation that provides payments to policyholders, insured, or other parties who have the right if the insured dies or remains alive, or other payments to policyholders, insured, or other entitled parties at certain times regulated in the agreement, the amount of which has been determined and/or based on the results of the management of funds (roesli, heri, & rahayu, 2017). pt bumi asih jaya is a local life insurance company founded on june 10, 1967 and has had thousands of policy holders throughout indonesia. in 2009, the company was assessed as having failed in managing financial health that capital market and financial institution supervisory agency issued a warning to it. since the issuance of the warning until 2013 by the financial services authority, pt bumi asih jaya was still considered unable to save its financial yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 health that in 2013 the financial services authority revoked its license based on the decision of the ojk board of commissioners number: kep-112/d 05/2013 dated october 18, 2013. based on the decision to revoke the business permit, bumi asih jaya should carry out settlement of obligations to all its policy holders. however, the company has not implemented the decision that ojk (financial service authority) filed a bankruptcy lawsuit through the central jakarta commercial court. pt asuransi bumi asih jaya has been petitioned by the financial services authority based on the decision of the supreme court number 408 k/ pdt.suspailit/2015. the decision of the supreme court number 408 k/pdt.sus-pailit/2015 granted the request for bankruptcy by the financial services authority because the application fulfilled the bankruptcy requirements as article 2 paragraph (1) of the bankruptcy law. this law states that a debtor who has two or more creditors and does not pay at least one debt that has fallen due and can be billed, is declared bankrupt with a court decision, both on his own request and on the request of one or more creditors. the bankruptcy law expressly states that if the debtor has two or more creditors and does not pay off at least one debt that has matured and can be billed, is declared bankrupt with a court decision, both on his own request and on the request of one or more creditors covering all the debtor's assets at the time of the bankruptcy statement, along with all what was obtained during bankruptcy, and stated that bankruptcy is the general confiscation of all debtor's assets. this provision is the normalization of the principle of debt collection and debt pooling1. management and bankruptcy settlement is carried out by the curator under the supervision of the supervisory judge with the main purpose of using the proceeds of the sale of the assets proportionally and in accordance with the creditor structure2. as soon as the debtor is declared bankrupt by the court, the bankruptcy for the law is not authorized to administer and/or transfer the assets which have become bankrupt assets. revocation of pt bumi asih jaya's business license has an impact on policyholders' customers for the premiums paid and trust in pt bumi asih jaya. but until now, there has been no protection that has been conveyed explicitly to all customers of policyholders, resulting in unclear information about the policies held. the position of policyholders after the insurance company is declared bankrupt is not explained in the bankruptcy law. as a creditor, it is not clear whether the policy holder is a concurrent (ordinary) creditor or a separatist (special) creditor. the ordinary creditor obtains the 1 hadi shubhan, op.cit, p.1 2 dewi rachmat kusuma, asuransi bumi asih jaya pailit, pemegang polis bisa ajukan tagihan ke sini, 15 juli 2016, accessed from https://finance.detik.com/bursa-dan-valas/d-3254407/asuransi-bumi-asih-jayapailit-pemegang-polis-bisa-ajukan-tagihan-ke-sini yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 remaining bankrupt assets after deducted with expenses which must be prioritized after the debtor is bankrupt in a prorated manner. in 2016, the curator invited creditors and policy holders of pt asuransi jiwa bumi asih jaya at the first creditor meeting on tuesday, july 19, 2016 at 10:00 wib at the commercial court at the central jakarta district court. in addition, policy holders submitted bills to the curator with the deadline for submitting bills on 30 august 2016 at 16.00 wib3. until now, not all policyholders of pt asuransi bumi asih jaya have received their policy payments and most have not received information about bankruptcy payments made by curators. based on the background description above, the problems in this paper are: 1. position of the insurance policy holder when the insurance company is bankrupt. 2. legal remedies for bankrupt insurance company policyholders who are late in registering receivables with the curator. 2. method this research is a normative juridical research, so the method used is the legal research method4. legal research is an activity of know-how in law, not just know about, so the purpose of this legal research is to solve the legal issues at hand5. legal research methods are ways or processes to find legal rules, legal principles, or legal doctrines to answer the legal issues at hand. this is in accordance with the character of prescriptive and applied legal science. given these scientific characteristics, legal science is always related to what should be6. 2.1. source of legal material 2.1.1. source of primary law material primary legal materials are authoritative legal materials. primary legal material consists of legislation and judges' decisions: a. law number 37 year 2004 on bankruptcy and postponement of obligation to pay debt (pkpu) b. law number 21 of 2011 on financial services authority c. law number 40 of 2014 on insurance d. ojk regulation number 2/pojk.05/2014 on good corporate governance for insurance companies 3 dewi rachmat kusuma, asuransi bumi asih jaya pailit, pemegang polis bisa ajukan tagihan ke sini, 15 july 2016, accessed from https://finance.detik.com/bursa-dan-valas/d-3254407/asuransi-bumi-asih-jayapailit-pemegang-polis-bisa-ajukan-tagihan-ke-sini 4 peter mahmud marzuki, penelitian hukum, yuridika, vol. 16, no. 2, maret 2001, p. 103. 5 peter mahmud marzuki, penelitian hukum (edisi revisi), kencana, jakarta, 2005, p. 60. 6 ibid., p. 213. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 e. decision of the supreme court number 408 k/ pdt.sus-pailit/2015 1.1.1. source of secondary legal material secondary legal materials are all publications about the law which are not official documents. this legal publication includes textbooks, legal dictionaries, legal journals, and comments on court decisions. 3. results and discussion 3.1. position of insurance company policy holder customer 3.1.1. legal relations of insurance companies and insurance company customers insurance as an agreement is stated clearly in article 1 number 1 of insurance law as follows: insurance is an agreement between two parties, namely an insurance company and policy holder as the basis for receiving premiums by insurance companies in return for: a. providing replacement to the insured or policy holder due to losses, damages, costs incurred, loss of profits, or legal liability to third parties that may be suffered by the insured or policy holder due to the occurrence of an uncertain event; or b. providing payment based on the death of the insured or payment based on the life of the insured with the large benefits determined and/or based on the results of the management of funds". the insurance agreement is binding and creates obligations for each party after the parties to the insurance agreement reach an agreement or consensus, even though the agreement is only reached verbally and the policy has not been signed7. insurance is one type of special agreement regulated in wvk. for the validity of the insurance agreement, article 1320 bw is also strengthened by article 251 wvk which is a notification obligation that legal requirements for insurance must meet the provisions of article 1320 bw. insurance agreements are formed at the time of the agreement between the insurer and the insured even if the policy has not been submitted by the insurer to the insured. article 257 wvk states as follows: (1) the insurance agreement is issued immediately after it is closed, the rights and obligations of the insurer and the insured will take effect from then on, even before the policy is signed. 7 kartini muljadi dan gunawan widjaja, perikatan yang lahir dari perjanjian, raja grafindo, jakarta, 2003, p. 35. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 (2) the closure of the agreement issues an obligation for the insurer to sign the policy within the stipulated time and submit it to the insured. an agreement emerges rights and obligations of the parties. this is in accordance with the principle of consensualism adopted in the treaty law. in article 1320 bw, the validity of an agreement is legalized with the agreement of those who make it. furthermore, article 1338 paragraph (1) bw mentions that agreement binds both parties who create it. the form of the agreement in the insurance agreement begins with filling in the application form by the insured. the form has been provided by the insurer. the form not only contains personal data from the insured regarding the object of the insurance agreement but also some questions that must be filled in (answered) by the insured. the completed form becomes an integral part of the policy. the insurance agreement is a contractus uberrima fidei, i.e an agreement in which both parties are required to seriously carry out in good faith. 3.1.2. position of creditors as customers of insurance companies in civil law in principle, all debtors' assets will become collateral for their debts to all creditors. the debtor's wealth includes movable and immovable (fixed) objects and objects that have existed at the time the debt agreement was held will only be available in the future (become the property of the debtor) after the debt agreement is held. accordingly, based on article 1131 bw, all debtors' assets without exception will be a general guarantee for the repayment of their debts, regardless of whether they were previously agreed or not. this guarantee is general, born because of the law that it does not need to be agreed before.8 j. satrio stated that from article 1131 bw the principles of creditor external relations are summarized as follows9: a. a creditor may take payments from each part of the debtor's assets; b. each part of the debtor's wealth can be sold to pay off creditor bills; from the provisions of article 1132 and article 1133 bw, it is clear that the insurance policy holder is not a creditor that is prioritized or privileged. in other words, the insured is not a creditor who holds material guarantees such as mortgage, fiduciary or mortgage rights that they cannot be classified as a preferred creditor, special, separatist or other terms similar. therefore, the position of the insured according to bw is a concurrent creditor. 3.1.3. legal position of policy holders at bankrupt insurance companies classification of creditors is in law number 37 of 2004 concerning bankruptcy and delay of obligations to pay debt (pkpu). creditors can be classified into three, namely: 8 rachmadi usman, dimensi hukum kepailitan di indonesia, gramedia pustaka utama, jakarta, 2004, p. 12 9 ibid, h 13. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 1. separatist creditors, namely creditors holding material guarantees, namely pledges and mortgages. 2. preferred creditors, namely creditors who have the right to overtake because the nature of their receivables by law is given a special position. preferred creditors consist of special preferred creditors and general preferred creditors. 3. concurrent creditors, namely creditors not included in separatist creditors and preferred creditors. in one of the articles of the new insurance law, article 52 paragraph (1) regulates explicitly that the rights of policyholders, insured or insurance participants on the distribution of wealth of bankrupt or liquidated insurance companies have a higher position than other creditors' rights. article 52 of the insurance law states that: (1) in the event that an insurance company, sharia insurance company, reinsurance company, or sharia reinsurance company is bankrupt or liquidated, the rights of the policy holder, the insured, or the participant to the distribution of their assets have a higher position than the rights of the other party. (2) in the event that the insurance company or reinsurance company is bankrupt or liquidated, the insurance fund must be used first to fulfill the obligations to the policy holder, the insured, or the other party who is entitled to insurance benefits. based on the above provisions, if the insurance company is bankrupt, the position of the insurance customer is the preferred creditors. preferred creditors are creditors who, by law, are solely due to the nature of their receivables, get repayment in advance. preferred creditors have special rights, namely a right granted by law to a person with a debt so that the level is higher than that of other debtors, solely based on the nature of their receivables as stated in article 1134 paragraph (1) bw10. arrangements regarding preferred creditors are regulated in article 1139-1149 bw. article 52 paragraph (1) of the insurance law does not need to be contested with the bankruptcy law or with bw provisions. this is in line with the applicable legal principle of lex specialis derogate lex generalis, where the provisions of article 52 paragraph (1) of the insurance law are seen as special legal provisions or rules (lex specialis) which must be prioritized by ignoring (overriding) provisions general law (lex generalis) contained in article 1133 and article 1134 bw. likewise, the provisions of the bankruptcy law, must be set aside, because the insurance law itself specifically regulates and places policyholders, insured or insurance participants as creditors whose payment of rights is prioritized. 10 agus prawoto. hukum asuransi dan kesehatan perusahaan asuransi, bpfe ugm, yogyakarta, 1995, p. 48 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 however, the position of the policy holders, the insured or the insurance participant referred to above are preferential creditors, not separatist preferred creditors, because they are indeed not holders of material guarantees such as mortgage, mortgage or fiduciary. so, the provisions of bw and the bankruptcy law must comply with the provisions of article 52 paragraph (1) of the insurance law if the insurance company is bankrupt11. this means that the insurance law must be seen as lex specialis towards bw because in general the provisions stated in the bw are lex generalis12. 3.2. policy holders' legal efforts 3.2.1. law protection for bankrupt insurance companies customer who are late in submitting accounts receivable to curator bankruptcy institutions are basically an institution that provides a solution to the parties if the debtor is in a state unable to pay off his debts. bankruptcy institutions basically have two functions at once. first, bankruptcy as an institution providing guarantees to creditors, ensuring that the debtor will not cheat and remains responsible for all of his debts to all creditors. second, bankruptcy as an institution that also provides protection to debtors against the possibility of mass execution by their creditors13. after the decision of the bankruptcy statement from the commercial court, the next step is the bankruptcy of the assets carried out by the curator through a series of stages and bankruptcy processes as shown in the following diagram14: insured receivables according to article 137 of the bankruptcy law can be classified as types of accounts receivable which when the collection is unclear or which gives the right to receive payments periodically. this can also be classified as a type of receivable that can be billed within one year or which can be collected after one year after the date of the decision on the bankruptcy statement. this is related to the maturity of the policy held by the insured. the receivables of an insured policy holder whose policy has not matured can be grouped as accounts receivable which when the collection is unclear when the decision on bankruptcy statement is read. whereas the insured who holds an education insurance policy, for example, can be grouped as a receivable whose payments are made periodically with the invoice value to be matched when the bankruptcy decision is read. however, insured receivables can also be included in the group of receivables, as referred to in article 137 paragraph (2) and (3) if the policy is only 11 mulhadi, dasar-dasar hukum asuransi, rajagrafindo persada, depok, 2017, p. 169. 12 ali sofian, kepailitan perusahaan asuransi, thesis, faculty of law, airlangga university, surabaya, 2003, p. 78 13 munir fuady, perbuatan melawan hukum, citra aditya bakti, bandung, 2005, h. 22. 14 andy hartanto, op.cit., h. 85 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 due one year or after one year after the decision on the bankruptcy statement is pronounced. what is clear is that the position of the insured's rights or accounts is concurrent or competing creditors. for the benefit of customer protection associated with a bankrupt company, in the future curators are required to carry out the obligation to provide periodic reports on their activities, including if assets have been cleared. reports are submitted not only to the supervisory judge, but to the ojk as well as the institution that filed bankruptcy on the bankrupt company. the problem faced by a policy holder, insured or participant in insurance bankruptcy cases is a matter of rights, bills or receivables made with the mass seizure process by placing the debtor's assets in bankruptcy. this mass confiscation through a bankruptcy petition can only be done if it is proven simply through the decision of the commercial court, that the debtor has two or more creditors and does not pay, at least one debt that is due and can be collected. asuransi bumi asih jaya company was sentenced to bankruptcy through decision no. 408 k / pdt.sus-pailit / 2015. based on the decision, the appointed curator has announced through kompas newspaper on 13 june 2016 to invite debtors, creditors, and interested parties in the billing filing agenda. in the announcement, the deadline for submitting bills for customers of bumi asih jaya insurance policy holders is given. press releases number 58/dkns/ojk/6/2016 dated june 23, 2016 posted on the ojk website also explained that the curator invited creditors namely pt aj baj policy holders to attend creditor meetings and the deadline for submitting bills on august 30 2016 at 16.00 wib. the debt matching meeting was held on 13 september 2016. in fact, even though it was announced in a national scale newspaper, there were still many customers who did not get the information because of the lack of information submitted by the bumi asih jaya insurance itself and the insurance agent. as a result, until the deadline determined by asuransi bumi asih jaya curator for debt matching, the policyholders' customers did not submit their bills because of the unknown of the information. the timing of matching accounts receivable in bankruptcy can be seen from article 113 of law number 37 of 2004 as follows: (1) at the latest 14 (fourteen) days after the decision on the bankruptcy statement is pronounced, the supervisory judge must determine: a. deadline for submission of bills; b. the deadline for tax verification to determine the amount of tax liability in accordance with the laws and regulations in the field of taxation; c. day, date, time, and place of meeting of creditors to match accounts receivable. (2) the period between the date referred to in paragraph (1) letter a and letter b is at least 14 (fourteen) days. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 (3) expiration in filing claim rights in bankruptcy can be seen from article 133 of law number 37 year 2004, as follows: (1) receivables entered into the curator after the period of time as referred to in article 113 paragraph (1), with the conditions entered no later than 2 (two) days before the day of the meeting of accounts receivable matching, must be matched if there is a request submitted at the meeting and not there are objections, whether submitted by the curator or by one of the creditors present at the meeting. (2) receivables submitted after the stipulated period as referred to in paragraph (1) are not matched. (3) provisions for the period as referred to in paragraph (1) and paragraph (2) do not apply, if the creditor is domiciled outside the territory of the republic of indonesia which is an obstacle to self-report first. (4) in the event that an objection as referred to in paragraph (1) is filed or in the event of a dispute regarding the existence or absence of obstacles as referred to in paragraph (3), the supervisory judge shall make a decision after asking for advice from the meeting. insurance customers on the one hand are preferential creditors in case their insurance is bankrupt. that is, the customer has the right to get a repayment in advance for his receivables. on the other hand, the timing of the matching of accounts receivable determined by the bankruptcy and pkpu laws provides a closing gate if information about bankruptcy status does not reach the policyholders. the bankruptcy law and pkpu do not have clear and explicit arrangements regarding expiration filing claims. in the stage of the bankruptcy process, the end of bankruptcy has no time limit determined by the act. this is intended to anticipate the possibility of obstacles in the distribution of receivables that take a long time15. the bankruptcy law has not fully accommodated the interests of policyholders, insured or insurance participants who are bound by mutual insurance agreements with insurance companies declared bankrupt. the current bankruptcy law is still a matter of preventing bankruptcy from happening easily. however, the bankruptcy act accidentally regulates many matters relating to legal actions that can be carried out by a policy holder, insured or insurance participant, even though they must go through a curator or bhp in order to protect their rights, including16: a. requested the curator to take actio pauliana17 15 andy hartanto, op.cit., p. 85 16 mulhadi, op.cit., p.172 17 ibid., p. 173 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 actio pauliana is an institution that protects creditors 'rights from bankrupt debtors' actions that harm creditors. in relation to bankruptcy, actio paulina is a kind of legal resource given to the curator to cancel legal actions carried out by the debtor before the declaration of bankruptcy is dropped, if the curator considers that legal actions (such as engagements) carried out by the debtor harm the interests of creditors. law no. 37 of 2004 concerning bankruptcy regulates the provisions of actio paulina in article 30, 41 up to article 47. according to articles 41 and 42, there are at least four conditions that must be fulfilled in order to be able to conduct actio paulina, they are : 1) the debtor has carried out a legal act that is not required to do so; 2) the legal action is carried out within one year before the decision on the bankruptcy statement is pronounced; 3) these legal actions have harmed the interests of creditors; 4) the curator can prove that at the time the legal action is carried out, the debtor and the party with whom the legal action is carried out should know that the legal action will cause harm to / the creditors. the curator or inheritance center is the only party that can cancel the legal actions committed by bankrupt debtors based on the actio pauliana concept. based on this authority, the curator actively studies and investigates all legal actions committed by bankrupt debtors, prior to bankruptcy, especially against legal actions carried out / carried out within one year prior to bankruptcy. a. request verification (matching) of receivables the process of matching accounts receivable is the determination of the classification of incoming bills against the bankruptcy of the debtor, in order to specify how much the receivables can be paid to each creditor, which are classified into a list of recognized receivables or which are temporarily recognized. the process of matching these receivables is carried out in a stage called the verification meeting18. the verification meeting has a main event to check and certify incoming bills (previously prepared by the curator)19. the importance of holding this verification meeting is to avoid fictitious creditors deliberately held by debtors with bad intentions20. in this process, the creditor (the insured) has the right to request verification of the receivables in accordance with the receipt for the premium he has paid to the debtor (insurance company). of course, the receivables submitted matching is first classified by the curator, whether they are included in the group of recognized receivables or the group of receivables that are recognized temporarily. if the insured's receivables are in the recognized category, then it will be 18 rudhy a. lontoh, penyelesaian utang-piutang, alumni, bandung, 2001, p. 389. 19 zainal azikin, hukum kepailitan dan penundaan pembayaran di indonesia, raja grafindo persada, jakarta, 2002. p. 85. 20 ibid, p. 139 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 easier to determine their position, whether as a preferred creditor or concurrent. if the position is a preferred creditor, the repayment of the receivables does not cause difficulties in its settlement because it is guaranteed by law. a. accord there are two types of accords stipulated in the bankruptcy law, i.e accord in bankruptcy and accord in pkpu (delaying obligations of debt payments). article 144 of the new law states that bankrupt debtors have the right to offer peace to all creditors (accord in bankruptcy). the same provision can also be found in article 265 (peace in pkpu), which states that the debitor has the right at the time of submitting a pkpu application or after that offers a peace to the creditor. however, the main right to submit a bid for a peace plan in bankruptcy (as well as in pkpu) is in the hands of the debtor. even though it is open, it is possible that a accord offer is submitted by creditors (especially in pkpu). accord in bankruptcy is carried out after the bankruptcy decision. therefore, the initiative to carry out peace in bankruptcy always comes from the bankrupt party (debtor) both for its own application and at the request of its creditors. whereas peace, in pkpu can be done at the initiative of creditors that in this process it is possible to regain their rights, either in the form of a collection of premiums or other rights, as a result of the engagement between the insured and the insurer as agreed in the policy21. 3.2.2. implementation of insurance company customers’ rights fred b.g. tumbuan stated that if due to his actions someone caused a loss then he had the obligation to pay compensation and at that time he also had a debt, had an obligation to perform an performance. thus, debt is equal to performance22. debt in bankruptcy law is a performance debt not only in the form of money debt as a result of a debt agreement. according to asser, debt is an obligation that must be carried out against other parties. this obligation is born from an agreement made between legal subjects. engagement is generally interpreted as the legal relationship of assets between two or more people based on which one person against another has the right to an achievement and another person to that person is obliged to fulfill the performance23. the policy holder who has submitted the conditions in accordance with article 10 of the general terms of policy of the pt asuransi jiwa bumi asih jaya does not receive definite 21 ibid, h. 175 22 fred bg tumbuan, “mencermati makna debitor, kreditor dan utang berkaitan dengan kepailitan”,2005, h. 7, dalam hadi shubhan, op.cit., p. 35 23 c. asser’s, peng kajian hukum perdata belanda. jilid iiihukum perikatan, dian rakyat, jakarta, 1991, h. 23 dalam hadi shubhan, op.cit., hp. 293 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 assurance and protection for the payments made by bumi asih jaya. the bumi asih jaya party does not provide certainty about the time payments are made to policyholders. most insurance agreements are marketed through insurance agents; these agents are also customer coordinators in case the insurance company is bankrupt. the agent's responsibility is not limited to merely looking for insurance customers, but also as a liaison if there is a problem in the implementation of insurance, because the obligation for insurance agents, insurance brokers, reinsurance brokers and insurance companies to provide information that is true, not false, and/or not misleading the policy holder, the insured, or the participant regarding the risks, benefits, obligations and imposition of costs related to the insurance product/islamic insurance product offered. this obligation relates to the principle of utmost good faith and so far only charged to the insured, policy holder, or insurance participant. the central jakarta district court, on august 8, 2018 sealed the life insurance building of pt bumi asih jaya, located on jalan matraman raya, east jakarta. pt bumi asih jaya's sealing curator, kevin stated that based on the legal strength it was fixed and the assets would be handed over to the curator to be assessed and auctioned24. most bumi asih jaya insurance policyholders choose to buy bumi asih jaya insurance products from insurance agents. when asuransi bumi asih jaya was declared bankrupt, these insurance agents did not provide clear information to policyholders. the duty and responsibility of the agent to the policy holder is to maintain good relations with the policy holder, hence, where a problem appears the agent should be willing to provide or help find a solution. insurance agents in the case of bumi asih jaya insurance should be able to act as coordinators of policyholders to be able to submit their receivables to the curator. the assets owned by asuransi bumi asih jaya are worth 1.1 trillion rupiahs, while the value of liabilities to customers is 1.7 trillion. bankruptcy can only end if the creditors receive their receivables either by means of peace or insolvency. based on article 178 paragraph (1) uukpkpu, insolvency occurs by law if peace does not occur and bankrupt assets are in a state unable to pay all debts that must be paid, "insolvency is the last phase in bankruptcy where publicly traded auction, sale proceeds the auction is then distributed to creditors according to the amount of the bills recognized in the verification meeting25. the juridical consequence of insolvency is to immediately settle bankrupt assets publicly or underhanded and make a list of the 24 joko supriyanto, nasabah dirugikan miliaran, pn jakpus segel kantor asuransi jiwa pt bumi asih jaya dalam http://wartakota.tribunnews.com/2018/08/08/nasabah-dirugikan-miliaran-pn-jakpus-segelkantor-asuransi-jiwa-pt-bumi-asih-jaya posted on the wartakotalive on 8 august 2018 accessed on 12 august 2018 25 hadi shubhan, op.cit. p. 144 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 distribution of receivables with the permission of the supervisory judge. the distribution of each creditor’s receivables is carried out according to their rank26. the curator carries out all legal actions both the management and transfer of bankrupt assets under the supervision of the supervisory judge. from this proposition, the curator determines the completion of the settlement of bankruptcy assets. therefore, the law is very strict and detailed giving what the curator has and what tasks the curator must carry out27. the curator also has the authority to provide certainty about the continuation of the reciprocal agreement at the request of the party that entered into an agreement with the debtor, including in this case accepting compensation claims from the party that entered into an agreement with the debtor if he does not provide an answer or is guaranteed ability to implement the agreement28. the curator has legal responsibility for his work as stated in article 72 of the bankruptcy act that the curator is responsible for his mistakes or negligence in carrying out the management duties and/or settlement that cause losses to bankrupt assets. in relation to the responsibility of the curator, the curator must submit a report to the supervisory judge regarding the condition of the bankrupt assets and the execution of their duties every 3 (three) months29. the curator must be responsible for bankruptcy, therefore the curator must immediately seek bankruptcy security, for example, immediately save letters, money, jewelry, effects, and other securities. in fact, the curator can seize bankrupt assets with the approval of the supervisory judge. the curator is also authorized, with the approval of the supervisory judge, to transfer bankruptcy assets as long as it is necessary to cover bankruptcy costs or if the restraint will result in loss of bankrupt assets30. creditors' bills are submitted to the curator by attaching documents or proof of evidence so that the creditor concerned has material rights such as mortgage, mortgage, fiduciary, retention, and others. all of these bills are examined by the curator and matched with the notes and information of the bankrupt, which is then included in a list of receivables. the approved receivables are included in the list of recognized receivables, and those disputed are included in a separate list by listing the reasons for their rebuttal, and the list of doubtful or transient accounts is 26 andy hartanto, op.cit. p. 90 27 hadi shubhan, op.cit. p. 108 28 ibid, p. 114 29 ibid, h.. 116 30 ibid, p. 136 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 recognized, ie if the curator only denies the right to take precedence or the existence of retention in a receivable31. the curator has responsibility to the debtor and creditor. this responsibility arises from the existence of legal relations arising from the authority granted by the act. the curator is responsible for bankrupt assets. bankruptcy is the interest of the debtor and creditor. if a bankrupt asset suffers a loss, it is directly a loss of creditors and debtors. customer policyholders can take legal action by means of resistance through submitting a letter of objection to the supervisory judge of the curator's actions. article 77 paragraph (1) of the kpkpu law states that every creditor, creditor committee, and bankrupt debtor can submit an objection letter to the supervisory judge on the actions taken by the curator or request the supervisory judge to issue a warrant so that the curator does certain deeds or does not comply what has been planned. the legal effort that can be made by bumi asih jaya insurance customers as policy holders is to file a lawsuit based on unlawful acts to the district court. the lawsuit is based on article 1365 bw. the definition of act against the law (perbuatan melawan hukum/pmh) states that any act against the law that brings harm to another person requires the person who causes harm to compensate for the loss. in the event that the curator does not specify the insurance customer data properly and information about the return of the debtor's assets is not accepted by all the customers, this will cause a loss to the customer. 4. conclusion legal relations between insurance companies and insurance company customers are civil relations in the form of agreements. legal position of policyholders in bankruptcy insurance companies is regulated by the insurance law, i.e article 52 paragraph (1) regulates explicitly that the rights of policyholders, insured or insurance participants on the distribution of wealth of bankrupt or liquidated insurance companies have a higher position than the rights other creditors. based on the provisions above, if the insurance company is bankrupt, the position of the insurance customer is the preferred creditor. preferred creditors are creditors who, by law, are solely due to the nature of their receivables, get repayment in advance. legal remedies for customers of policyholders who have not received their receivables in the condition of their insured bankruptcy companies are the responsibility of the curator. the customer can file a lawsuit in court for the loss suffered by the way the curator conducts bankruptcy assets based on illegal acts. 31 rudhy a.lontoh, penyelesaian utang piutang melalui pailit atau penundaan kewajiban pembayaran utang, alumni, bandung, p. 390-391 in ibid, p. 138 – 139 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 suggestion for the benefit of customer protection related to with a bankrupt company, in the future curators are required to carry out the obligation to provide periodic reports on their activities, including if assets have been cleared. the report is submitted not only to the supervisory judge but also to ojk as an institution that filed bankruptcy on the bankrupt company. insurance agents in the case of bumi asih jaya insurance should be able to act as coordinators of policyholders to be able to submit their receivables to the curator so that no customers experience delays in information regarding bankruptcy. references azikin, zainal,( 2002). hukum kepailitan dan penundaan pembayaran di indonesia, raja grafindo persada, jakarta. fuady, munir,( 2005). perbuatan melawan hukum, citra aditya bakti, bandung. hartono, sri redjeki, (2000). hukum perdata sebagai dasar hukum kepailitan modern, majalah hukum nasional no. (2). lontoh, rudhy a., (2001). penyelesaian utang-piutang, alumni, bandung. marzuki, peter mahmud.( 2005). penelitian hukum (edisi revisi), kencana, jakarta. mulhadi, (2017). dasar-dasar hukum asuransi, rajagrafindo persada, depok. muljadi, kartini dan gunawan widjaja,(2003). perikatan yang lahir dari perjanjian, raja grafindo, jakarta. shubhan, hadi. (2015). hukum kepailitan: prinsip, norma, dan praktik di pengadilan, kencana, jakarta. prawoto, agus.(1995). hukum asuransi dan kesehatan perusahaan asuransi, bpfe ugm, yogyakarta. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sofian, ali. (2003). kepailitan perusahaan asuransi, tesis, fakultas hukum universitas airlangga, surabaya. usman, rachmadi. (2004). dimensi hukum kepailitan di indonesia, gramedia pustaka utama, jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 kusuma, dewi rachmat, asuransi bumi asih jaya pailit, pemegang polis bisa ajukan tagihan ke sini, 15 juli 2016, diakses dalam https://finance.detik.com/bursa-dan-valas/d3254407/asuransi-bumi-asih-jaya-pailit-pemegang-polis-bisa-ajukan-tagihan-ke-sini. supriyanto, joko, nasabah dirugikan miliaran, pn jakpus segel kantor asuransi jiwa pt bumi asih jaya dalam http://wartakota.tribunnews.com/2018/08/08/nasabah-dirugikan-miliaranpn-jakpus-segel-kantor-asuransi-jiwa-pt-bumi-asih-jaya posted on wartakotalive on 8 august 2018, accessed on 12 august 2018 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 the role of the principle in the legal order in indonesia muhammad hasan, nida kristinawati, heru kuswanto. faculty of law, narotama university, surabaya, e-mail: hasanmasyhur200@gmail.com abstract in the formation of regulations in indonesia, it cannot be separated from the name of the principle of law because it includes the fundamental in forming a regulation so that it does not conflict with existing regulations, or with terms that are in the law, namely truth coherence. the principle of law is an important element of a rule of law, it can even be said to be the 'heart' of the rule of law. the principle of law will remain and will give birth to further regulations. ultimately, the principle of law has a dual function, namely as the foundation of a positive legal system and as a critical test stone to the prevailing positive legal system. how does the binding force of the validity of the legal principle and what if there is the principle of law that is contrary to the principle of law. the research method used in this study is normative juridical, with two approaches namely; statute approach and conceptual approach, as for the formulation of the problem in this research is what should be done if the principle is contrary to the principle? the results of this study are that even though the principle contradicts the principle, the solution is to use the principle as a basis in a regulation that is made and see also the conflicting rules for what are the contradictions. keywords: legal principles, regulations, law. 1. introduction humans as social beings must be interconnected with one another. in its journey, humans need a mechanism or system that can guarantee the fulfillment of the need for survival, such as the need for security and a sense of justice. therefore during life, human beings are obedient to the rules / norms that apply in society or an area. basically, humans are naturally bound by rules such as norms of decency, norms of decency, and customary norms as rules in their lives. however, these norms are deemed lacking in guaranteeing the continuity of human life. therefore, an order of regulations was formed which was more able to guarantee the creation of life order in the state and society called the law. in essence, the main objective of law is to create an orderly society order to create order and balance. every social relationship must not conflict with the provisions in the existing legal regulations and apply in society. the law functions as a regulator of the balance between human rights and obligations as social creatures, and to realize justice in living together. jeremy bentham asserted: [1] "the law is then recognized as law, if it gives maximum benefit to as many people as possible." from this principle, it can be concluded that the law must benefit the public regardless of social status anyone. because of the importance of the legal position in the social fabric, legal formation cannot be separated from the name of the principle of law, because the principle of law yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 is the main foundation in the formation of the law also called the starting point in the formation and interpretation of the law. in the formation of a regulation, it must be based on legal principles so that one regulation and the other regulations are not contradictory or arguably coherent given the truth in the law, namely the truth that is coherent for the creation of legal harmony. thus the principle of law is a principle that is considered basic or fundamental in law. therefore, the principle of law is at the heart of the rule of law. it is said so because the principle of law is the broadest foundation for the birth of a rule of law. based on the background that has been explained then the problem formulation can be taken as what efforts are made if the principle is contrary to the principle and when it wants to form a norm or rule why the principle of law is necessary. 2. research methods research used in this paper is normative legal research, this research is focused on the legal norms in the legislation, which relates to the problems studied as primary legal material. because this research refers to statutory regulations, this research uses a statute approach, in addition this study also uses a conceptual approach (conceptual approach), which is taken from secondary legal material [2]. 3. results and discussion of the definition of the principle of law in terminology, the term "principle" has two meanings, namely the first is basic or fundamental. and the second is a truth that is the basis or foundation of thought or opinion. meanwhile, the legal dictionary provides the meaning of the principle as a mind set broadly and underlies the existence of a legal norm. so that the principle of law can also be understood as the general basis contained in the rule of law and the general basis is something that contains ethical values. the principle of law is not a concrete legal norm because the principle of law is the soul of the legal norm. legal norms are a concrete translation of the principle of law. it is said that the principle of law is the soul of legal norms or legal regulations because it is the basis for the birth of legal regulations. the legal principle definition according to paul scholten [3] is as follows; the basic thoughts, which are contained within and behind the respective legal system, are formulated in the statutory regulations and judges' decisions, with regard to individual provisions and decisions, they can be seen as the capitals. the principle of law in general can be classified into two, namely: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 1. the principle of general law, is the principle relating to the field of law and applies to all areas of law, such as the principle of equality before the law, the principle of lex posterior derogate legi priori, the principle that what is his birth seemed right, for the time being it must be considered thus until (otherwise) decided by the court. according to p. scholten there are 5 general legal principles [4], namely: a. personality principle b. the principle of partnership c. the principle of equality d. the principle of authority, and e. the principle of separation between good and bad 2. the principle of special law, is the principle that function in narrower fields such as in criminal law, civil law etc. the principle of law is a very important element in the formation of legal regulations. therefore, the author will elaborate a little discussion relating to this problem in the hope that it can bring our understanding of the principles of law closer. the principle of law is the basic rules and principles of law that are abstract and generally form the basis for concrete regulations and the implementation of law. in english, the word "principle" is formatted as "principle", concrete regulations such as the law must not contradict the principles of law, as well as in judges' decisions, the implementation of the law, basic law, the basis of the basis of thinking or opinion and the legal system which was emphasized by dragan milovanovic: [5] "systematization of law takes place continuously into a collection of relevant laws, which are coordinated by several principles of justification." several definitions of legal principle opinions put forward by several experts are: " 1 bellefroid, argues that the principle of law is a basic norm that is elaborated from positive law and which is not considered by legal science to come from more general rules. 2. van scholten, argues that the principle of law is a tendency required by our morality view of the law and is a general trait with all its limitations as a common trait, but which must not necessarily have to exist. 3. van eikema hommes, believes that the principle of law is not concrete legal norms, but it is as a basis for general thought or instructions for applicable law. 4. van der velden, argues the principle of law is a type of decision used as a benchmark for assessing situations or used as guidelines for behavior. " from the above understanding, it can be concluded that the principle of law is not a concrete law, but is a basic thought that general and abstract, or constitute the background of yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 concrete regulations contained in and behind every legal system that is embodied in statutory regulations and judges' decisions which are positive law and can be found by searching for general characteristics in the concrete regulations. or more concisely, the principle of law is the background of the formation of a concrete law. according to stammler, it must be distinguished between "the concept of law" and the idea of law which explains that the idea of law is the realization of justice with the following understanding: [6] a. "all positive law is an effort towards fair law; b. natural law seeks to make a rational method that can be used to determine a relative truth of law in each situation; c. the method is expected to be a guide if the law fails the test and brings it closer to its goal; d. law is such a structure, we must abstract these goals from real social life; e. with the help of logical analysis, we will find certain legal legal principles which are absolutely valid, which will guide us safely, in providing an assessment of which goals are worthy of recognition by law and how they relate each other legally (jurally related). " often we hear the legal principle that reads ius curia novit " judges must not refuse a case ", the principle also contradicts the principle" nemo judex incausa sua"which says the judge must reject a case involving himself. the principles above are very contradictory, one says that the judge cannot reject the case, the other says that the judge must reject the case involving him, but we must remember that the principle is abstract, not concrete. but in practice, the judge rejects a case in the state administrative court (ptun) case, but in this case the principle is contradictory. but because there are limits on the absolute authority or competence of the court, the priority is the absolute competency of the court. often reaping the notion that principles and norms are a unity that is no different, but that understanding is not entirely true because in the legal layer that is the basis for the birth of a rule is a value. like virtue values that grow in society. then the value develops into a principle, for example the principle of everyone being prohibited from enjoying goods that are not his right. then the principle develops again into legal norms. for example, from the principle above developed into a norm prohibited from stealing. from this legal norm that underlies the birth of a written rule contained in article 362 of the criminal code which regulates theft. another example is the principle of equality before the law or all people are equal before the law. this principle implies anti-discrimination in law enforcement. indicates that the law is indiscriminate in combating crime for the sake of justice. this principle is contained in every regulation in indonesia. we can see that each article is preceded by the phrase "whoever ..." which yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 indicates that the article applies to everyone without exception if you see from the legal concept which means it can be directed to the recht person (individual) or nature person (legal entity), which means who can only both the state and its citizens. there is a legal adage which reads "fiat justitia ruat caelum" which means justice must continue to be upheld even though the sky will collapse and "fiat justitia et pereat mundus" which means law must be upheld even though the world will be destroyed. the need for legal principles to form a norm is because the principle is fundamental or basic. that is the background of the formation of a regulation. the legal principle is abstract, the regulation is a concrete form of the legal principle, but it also needs to be remembered that the name of the principle is inseparable from the norm because the norm is a concept in the regulation. for example, the norm is prohibited from killing or stealing. and the value that is in a society that stealing or killing is not allowed to be done for the achievement of the rights of every person, from this new rule is emerging. more easily it can be concluded that some fundamental differences between principles and norms are as follows: 1. the principle is a general and abstract rationale, while the norm is a real rule; 2. the principle is an idea or concept, while the norm is the translation of the idea; 3. the principle of law has no sanctions while the norm has sanctions. of course the two are different, because the principle of law is the background of the existence of a concrete law, while the norm is a concrete law itself. or it could also be said that the principle is the origin of the existence of a norm. b. function of legal principle in legal science, the function of legal principle is divided into two functions, namely: 1. function in law, basing its existence on the formulation by lawmakers and judges (this is a function that is legalized) and has a normative influence and bind the parties. 2. functions in jurisprudence, only regulating and exploitative (explain). the aim is to give endeavor, not normative in nature and not included in positive law. [7] 4. conclusion in terminology, what is meant by principle has two meanings, namely the first is basic, or fundamental. and the second is a truth that is the basis or foundation of thought or opinion. the principle of law in general can be classified into two, namely: the principle of general law, is the principle relating to the field of law and applies to all areas of law, such as the principle of equality before the law, the principle of lex posterior yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 derogate legi priori, the principle that what is his birth seemed right, for the time being it must be considered thus until (otherwise) decided by the court. specific legal principle, is the principle that functions in a narrower field such as in the field of criminal law, civil law, etc. the author can conclude when there are principles that contradict the principles as above, then the judicial absolute competency must take precedence, because it looks at a form of rule that applies in every country. if we see the strength of the principle of law in the validity of law in indonesia is very strong because this has become the basis in the formation of law in indonesia. a regulation can be said to be good if it does not cause an excessive reaction from the citizens and does not do amechanism judicial review to the supreme court (ma), and or to the constitutional court (mk). 2.suggestions if you want to make regulations must be in accordance with the principle, but if there are principles that are less precise, then you should look at the local conditions because each region has different conditions and sociological factors of the community. as for if there is already a concrete form of a principle that is a regulation if it conflicts, then the way to overcome it is also with the principle, such as if there are laws that conflict with laws or local regulations that contradict regional regulations, then the solution uses the principle of preference which is the provision which must take precedence. references achmad ali, (2007), revealing legal theory and legal theory of judicial judicial theory, kencana, makasar, p. 76. prof. dr. peter mahmud marzuki, sh, ms, ll.m. (2016), legal research, prenadamedia group, jakarta, p. 133. cited in the book dr.mr. jj.h. bruggink (2015). reflections on the law of the image ofbandungaditya bakti,, pp.119-120. ibid, p. 135. achmad ali, opcit, p. 14 achmad ali, opcit, p. 55 soedjono dirdjosisworo, (2009),introduction to legal studies, rajagrafindo, jakarta, p. 36. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 government responsibility for troubled land rights lawsuit moh. imron fauzi hidayatullah, nynda fatmawati octarina faculty of law, narotama university surabaya e-mail: almiramanggalamardhiyah@gmail.com dan nynda_f@yahoo.com abstract land registration in indonesia adheres to a mixed system, a negative system with a positive tendency, meaning that the state does not guarantee the absolute truth of the data presented in the certificate, but as long as no one else filed a lawsuit in court who felt more entitled, so the data in the certificate was proof of strong rights. this research is a non-analytic normative juridical study, the theoretical basis used is the level of normative / contemplative legal theory, the approach in this research is the statute approach. the analysis used is qualitative juridical analysis, namely by collecting and collecting material material, then arranged in a particular framework, then analyzed according to the means of analysis by interpreting the law, legal construction, and legal arguments. from the results of the discussion it was concluded: 1) the lawsuit is judicially premature. the police report cannot be used as a basis for filing a quo lawsuit before obtaining a permanent legal judgment. 2) lawsuit filed by the plaintiff less parties (plurium litis consortium), and lawsuit cannot be accepted (niet ontvankelijk verklaard). 3) the plaintiff has never owned land that was the object of the plaintiff i. the plaintiff has never owned two land which became object plaintiff ii but the plaintiff has signed a power of attorney and a sale and purchase certificate to release ownership of the two land areas. 4) government regulation no. 24/1997 introduces the principle of legal certainty as regulated in article 32 which reflects the shift in the system adopted by land registration in indonesia from negative system to negative system plus government. keywords: responsibility, claim, government, rights 1. introduction national development aims to create a just and prosperous society that is materially and spiritually equitable for all indonesian people based on pancasila and the 1945 constitution1. land is a gift from god almighty, created by living creatures, so to realize prosperity and social justice, the element in the implementation of development that is inevitable is the need for land or land2. soedharyono soimin, quoting prof.'s opinion mr. annie abbas manopo, explained article 1 of law no. 2/1960 that the community felt happy after the loga, there was legal certainty about land rights that had been controlled3. article 19 paragraph (1) of the loga states: to guarantee legal certainty, the government will hold registration of land throughout the territory of the republic of indonesia. paragraph (2) states the land registration in paragraph (1) includes: "a. measurement, mapping, and accounting of land, b. registration of land rights and transfer of rights, c. giving proof of rights which is valid as 1t. gilarso, introduction to macroeconomics. kanisius, yogyakarta, 2004, hal. 235 2zainal arifin and muhammad ihsan muhlashon. "legal protection of the certificate of land rights as a proof of land ownership (case study of blitar district court decision number 70 / pdt. g / 2016 / pn. blt)." mizan, journal of legal studies 8.1. 2019, hal. 46 3a zen, patra m., and daniel hutagalung. guide to legal aid in indonesia: your guide to understanding and resolving legal issues. indonesian torch foundation. jakarta, 2007., hal. 169 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 a strong proof. mentioned in government regulation number 24 of 1997 concerning land registration (statute book number 42 of 1997) (hereinafter referred to as pp number 24 of 1997). 4. the administration of land registration in modern society is carried out by the government for the benefit of the people, in the framework of providing legal certainty and legal protection in the land sector5. according to article 32 paragraph (1) government regulation number 24 of 1997 the land registration system in indonesia follows a mixed system, which is a negative system with a positive tendency, namely the state does not guarantee the absolute truth of the data presented in the certificate, but as long as there are no other people who file a lawsuit to a court that feels more entitled, then the data in the certificate is proof of strong rights. whereas paragraph (2) government regulation number 24 of 1997 further reiterates guarantees of certainty and legal protection for holders of land certificates, which contain several conditions, including: a. a certificate of land is obtained in good faith; b. holders of land rights must physically control their land for a certain period of time, i.e. since five years since the issuance of the certificate of land; c. after five years of receipt of a certificate of land rights if there is no objection from a third party, the existence of the certificate of land can not be contested anymore. article 32 paragraph (2) pp no. 24 of 1997 affirms that certificates of land rights are strong evidence so that the perception arises that land rights are free from lawsuits. this is where the ambiguity of article 32 paragraph (2) pp no. 24 of 1997, while in practice in the field there are still many claims against land holders while it has been controlled for more than 5 years based on the acquisition results that do not contain elements of good faith6. according to government regulation number 10 of 1961 concerning land registration, which is in the form of written evidence, witness statements and / or the relevant statement whose level of truth by the adjudication committee / head of the land office is considered sufficient to register his rights7. land disputes or lawsuits on land rights can be prevented, at least minimized if an effort is made to avoid the cause, disputes are legal events, so the reasons are known and recognized by reexamining the existing views of land law. from disputes in court, the case settlement process requires a long time, sometimes up to years, this is due to the level of court that must be passed, namely the district court, high court and supreme court. this research emphasizes more on how the government's responsibility for lawsuits over land rights issues is problematic because there are 4soedargo gautama, interpretation of the basic agrarian law, bandung, alumni, 1993, hal. 92 5boedi harsono, indonesian agrarian law history of the establishment of the basic agrarian law, contents and implementation volume i national land law, djambat, jakarta, 2007. hal. 72 6zainal arifin and muhammad ihsan muhlashon. op cit, hal. 47 7sri wijayanti. legal certainty certificates of land rights as evidence of land ownership rights (case study of ma decision on south meruya land dispute). diss diponegoro university, 2010., hal.1 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 still many certificates of ownership of land issued as objects of dispute arising from the process of acquisition, even the transfer of rights and various rights originating from i'tikad are not as good as required in applicable laws and regulations. this research is a very interesting topic to be the object of research because it is full of problems. 2. research methodology ` this research is anormativejuridical study8 non-analytical9 which studies and analyzes the legal materials related to the problem under study ” 10 to examine the application of rules or norms in positive law11 for give juridical argument when there is emptiness, obscurity and norm conflicts. therefore, the theoretical basis used is the level of normative / contemplative legal theory, while empirical legal research uses a theoretical basis contained in empirical legal theory or theories contained in legal sociology12 is also a scientific activity to provide reflection / assessment against legal decisions that have been made against legal cases that have occurred, or will occur and are not solely based on normative considerations, but also take into account other non-legal factors13. the approach in this study is the statute approach to examine all laws and regulations relating to the legal issues being addressed. data collection is based on the hierarchy of statutory regulations by starting to look for norms at the constitutional level of the law, which is often called a search with the snowball system, meaning that it continues to roll from the highest rule to the lowest rule14. primary legal materials and secondary legal materials are processed by sorting materials that have relevance to the issues discussed. furthermore, these materials are selected, analyzed, and grouped according to sub-sections that are directed to describe the answers to the problems that are the object of this study15. the steps taken include: a. legal material inventory; b. legal material identification; c. systematizing legal materials; d. legal material analysis; c. design and writing16. 8h. purwosusilo. legal aspects of procurement of goods and services. prenada media, jakarta, 2017. hal. 56 9süleyman uyar. contemporary approaches in businesses. ijopec publication, mar 15, 2019. hal. 60 10supianto, fiduciary guarantee law: principles of publicity in fiduciary guarantees. garudhawaca publisher, jakarta. 2015. hal. 22 11indra rahmatullah. intellectual property rights assets as collateral in banking. deepublish, yogyakarta, 2015. hal. 23 12i. made pasek diantha. normative legal research methodology in justifying legal theory. prenada media, jakarta, 2016. hal. 12 13jonaedi efendi and johnny ibrahim. normative and empirical legal research methods. prenadamedia group. jakarta. 2016. hal. 130 14i. made pasek diantha. op. cit. hal. 150 15kalimatul jumroh and ade kosasih. return of state assets from corruption actors (study of the law on combating corruption and the united nations convention against corruption 2003). cv. zigie utama, bengkulu. 2019. hal. 38 16agus yudha hernoko. legal agreement. prenada media, jakarta, 2019. hal. 43 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 the series of stages begins with an inventory and identification of relevant sources of legal materials (primary and secondary). the next step is to systematize all existing legal materials. this systematization process is also applied to the principles of law, theories, concepts, doctrines, and other reference materials. the series of stages is intended to facilitate the assessment of research problems17. analysis of legal materials used is qualitative juridical analysis by collecting and gathering materials, then arranged in a particular framework, then analyzed according to ways of analysis by interpreting the law, legal construction, and legal argumentation18. 3. discussion lawsuit for troubled land rights (decision of the supreme court of the republic of indonesia decision number 21 / pdt.g / 2017 / pn bjn) ofhears the bojonegoro district court that examines andcivil cases in lawsuits in the first level court in the case between: suntoko, born in bojonegoro, 16-12-1961, male, indonesian citizenship, islam, occupation farmer, residing in dawung hamlet, mojodelik village rt. 10 / rw. 02 gayam district, bojonegoro regency; in this case it gave power to sumar p. marbun, sh, hans e marbun, sh., and kaspar sirait, sh. advocates at the "sumar & partners" law office with offices at jalan barito ii no. 33 b south jakarta based on a special power of attorney dated august 23, 2017; hereinafter referred to as plaintiffs; 19 the opponents of the plaintiff are: 1. exxon mobil cepu limited emcl, the seat of wisma gkbi jalan jenderal sudirman no. 28 jakarta. or jalan bojonegoro-cepu km 18 desa talok, kec kalitudu, bojonegoro, as defendant i; 2. yasin, residing in gledekan hamlet, rt. 15 / rw. 04 mojodelik village kec. gayam kabupeten bojonegoro, as defendant ii; 3. parmo, resides in brabowan village, rt. 006 / rw. 002, gayam district, bojonegoro regency, as defendant iii; 4. satrip, residing in samben hamlet rt.01 / rw.01 mojodelik village, gayam district, bojonegoro regency, as defendant iv; 5. purwanto, residing in samben hamlet rt.03 / rw.01 mojodelik village kec. gayam, bojonegoro regency, as defendant v; 6. siti nurul hidajah, sh, m.kn. notary, the seat of brig. sutoyo sut no. 14 bojonegoro, as co-defendant; 20 regarding seated case: the plaintiff submits his lawsuit dated september 11, 2017, which was registered at the registrar's office of the bojonegoro district court under the case register number: 21 / pdt.g / 2017 / pn bjn on september 11, 2017, stating the basis of the lawsuit as follows : 1. that the plaintiff has two land plots of 7600m2 each located in mojodelik village, 17ibid. hal. 43 18kalimatul jumroh dan ade kosasih. op cit. hal. 39 19decision of the supreme court of the republic of indonesia decision number 21 / pdt.g / 2017 / pn bjn, hal. 1 20ibid, hal. 1 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 gayam district, bojonegoro regency, east java persil 43, block d-iv, kohir 1005 and 9000m2 located in mojodelik village, gayam district, persil 10 block s-iv kohir 777 total total area taken by defendant i in two locations is 16600 m2. 2. that defendant i purchased the plaintiff's land from defendant ii, defendant iii, defendant iv and defendant v based on the deed of power of attorney for selling 2047 dated june 6, 2007 before siti nurul hidajah sh., m.kn. notary in bojonegoro, without the plaintiff's knowledge, and was never signed by the plaintiff, 3. that based on defendant i's explanation to edison a sirait, the attorney who represented the plaintiff's interests in the past in the correspondence stated by the plaintiff i in letter number: 117 / plc / jkt / 2016 dated december 23, 2016 states: "suntoko and his wife have signed the deed of attorney no. 2047, dated june 6, 2007, containing power to sell land rights from parcel number 43 block d.iv. kohir number 1005 covering an area of approximately 4750m2 however, defendant i controlled all of plaintiff's land area of 16,600 m2 which was currently fenced by defendant i for oil and gas drilling so that the plaintiff could not work on the land intended for agricultural fields to support the plaintiff's large family. 4. that defendant i's statement is incorrect, the plaintiff and wife have never made / signed the deed of selling power as stated by defendant i. 5. that the object of the case is the paddy land with the boundaries of kohir 777 size of 9000 m2 as follows: east: bordered by land owned by patijo west: bordered by land owned by north guntur: bordered by land owned by south sunari: bordered by land owned by kaspan. the boundaries of kohir 1005 7600 area as follows: east: bordering land owned by lasman west: bordering land owned by north lamijan: bordering land owned by south suntoko: bordering land owned by kaspan. 6. that the sale and purchase transaction of the plaintiff's property was carried out by defendant i before siti nurul hidajah sh., m.kn. the notary public in bojonegoro in this lawsuit participated as accused. 7. that the defendant made / signed the deed of transfer of rights (aph) of land owned by the plaintiff between defendant i and defendant ii, defendant iii, defendant iv, and defendant v so that it caused losses to the plaintiff. hers no. 2047, dated june 6, 2007 to defendant ii to defendant v. 9. that upon the actions of defendant ii to defendant v forged the plaintiff's signature. the plaintiff has reported defendant ii, defendant iii, defendant iv and defendant v to the authorities (police bojonegoro). 10. that the plaintiff's land which is currently controlled by defendant i, covering an area of 16600 m2, can no longer be planted by the plaintiff's extended family which has been the foundation of the plaintiff's large family to be cultivated as agricultural land in the form of rice fields to support the plaintiff's extended family21. plaintiff demands compensation for defendant i as a whole: rp. 6,976,000,000 (six billion nine hundred seventy-six million rupiah) plus paying coercive money (dwangsom) jointly to the plaintiff in the amount of rp. 2,000,000 (two million) rupiah every day. put confiscation 21ibid, hal. 3 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 (conservatoir beslag) to the property of defendant i in the form of exxon mobil cepu limited (emcl) office building on jalan bojonegoro cepu km 18 desa talok, kalitidu district bojonegoro east java. and other assets carried out on all defendant i to defendant v's assets under article 1131 of the civil code, until the confiscation is estimated to be sufficient to meet the amount of the plaintiff's claim22. with respect to the plaintiff's claim, defendant i provided the following basic answers: a. in exception 1) the lawsuit filed by the plaintiff in thecase a quo is premature: (a) whereas in item 8 of the lawsuit, the plaintiff stated "... never signed a proxy of selling his land no. 2047, dated june 6, 2007 to defendant ii until until / with defendant v: (b) the plaintiff considers defendant ii to defendant v has falsified the plaintiff's signature, the plaintiff has reported defendant ii to defendant v to the authoritiesdefendant ii to defendant v to the authorities in casu ofdistrictin casu ofdistrict the bojonegoropolice, (c) in other words, in order to uphold the arguments ofthe bojonegoropolice, (c) the claim of the claim that defendant i is the legal owner of the parcels of land that were the object of thesuit a quo, the plaintiff has taken criminal law to question the validity of the power of attorney deed no. 2047, dated june 6, 2007, made before the notary reza perveez kalia (notary reza perveez kalia) hereinafter referred to as "power of attorney no. 2047") (d) that upon the police report, the plaintiff filed a lawsuit against defendant i up to defendant v incase a quo; (e) based on this fact, the plaintiff's claim is legally clearly premature. because the police report filed by the plaintiff cannot be used as a basis for filinglawsuit a quo before obtaining a decision of permanent legal force (inkracht van gewijsdd) which states that there was a falsification of signatures in the drafting of power of attorney no. 2047 as argued by the plaintiff; 2) plaintiffs' deficiency plaintium (exceptio plurium litis consortium): (a) the plaintiff does not make skk oil and gas as a party in the claim; (b) deed of waiver no.339 dated 29 july 2013 made by notary / ppat siti nurul hidajah, sh, m.kn. on land parcel number 10, klas s.iv, book c village number 777, covering an area of 2,581 m2, concerning the release of rights to said land by purwanto (defendant v incase a quo) to defendant i ("deed of releasing rights i"); (c) deed of waiver no. 297 dated 29 july 2013 made by notary / ppat siti nurul hidajah, sh, m.kn. on persil land number 10, klas s.iv, book c village number 777, covering an area of 8,252 m2, concerning the release of rights to said land by satrip (defendant iv incase a quo) to defendant i (deed of releasing rights ii); as well as the deed of waiver iii; and deed of waiver iv. (d) the plaintiff is proven 22ibid, hal. 3 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 to know that defendant i is only acting as the attorney from bp migas / skk migas in the procurement of land in the cepu block working area, including on land parcels that are subject tolawsuit a quo. the summons letters sent by the plaintiff's attorney to defendant i, dated 28 april 2017 and 26 may 2017, were also sent to skk migas. related to the granting of power of attorney, it is necessary to pay attention to article 1814 of the civil code and article 1815 of the civil code which reads as follows: article 1814 civil code: "the authorizer can withdraw his power when he wishes, and if there is a reason for it, forcing the power to return the power he holds" article 1815 civil code "withdrawals that are only notified to the power of attorney cannot be brought forward to third parties who, because they are aware of the withdrawal, have entered into an agreement with the power of attorney." this does not reduce the claim of the authority of the authorizer to the power of attorney. "the defendant i should emphasize that the power of attorney no. 2047 is an authentic deed made by reza perveez kalia, sh notary in bojonegoro and therefore, based on the provisions of article 1870 of the civil code, is perfect proof of the matters contained therein; abdul ghofur, in his book "abdul ghofur ansori, indonesian notary institution: perspective h law and ethics "(yogyakarta: uii press, 2009), page 34, states that the responsibility of a notary public as a public official relating to the material truth of the deed he makes is divided into 4 (four), namely: a. civil notary responsibility for material truth to the deed he made; b. criminal notary liability for material truth in the deed he made; c. the notary's responsibility is based on the notarial regulations regarding the material truth in the deed he made; d. the responsibility of a notary in carrying out his / her office duties based on a notary code of ethics; m. yahya harahap, sh in his book entitled "civil procedure law concerning lawsuit, confiscation, proof, and court decision", publisher of sinar grafika, third printing, 2005 on pages 112 to 113 argued: "another form of error in persona is called plurium litis consortiumperson who acts as a plaintiff or who is drawn as a defendant: incomplete, there are still people who must take part as plaintiffs or are drawn by the defendant; therefore, the lawsuit contains error in persona in the form of plurium litis consortium in the meaning of the lawsuit filed. less side. therefore, the plaintiff did not involve other parties who have a legal relationship and / or closely related to the case a quo as a defendant, then the lawsuit filed by the plaintiff less party (plurium litisconsortium),and the lawsuit can not be accepted (niet ontvankelijkverklaard). 3) a lawsuit unclear (exceptio obscuur libelum) (a) the fact deed of authorization no. 2047 that di argued by the plaintiff in number 2 posita plaint is not available / unclear whereabouts (b) whereas in item 2 posita plaintiff, the plaintiff argues "that defendant i yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 bought the plaintiff's land from defendant ii, defendant iii, defendant iv and defendant v based on the deed of power to sell no. 2047 on june 6, 2007 before siti nurul hidajah, sh, m.kn. the notary in bojonegoro is absent / unclear whereabouts; based on the history of land ownership and available legal documentation related to the object of lawsuit i as described above, the plaintiff has never been recorded as having obtained the transfer of rights to the land which was the object of lawsuit i from any party based on any legal mechanism, whether through haha, sale, will or testament , inheritance or other legal mechanisms; even lawsuit object ii so that based on the descriptions above, it can be concluded that the plaintiff is now not the owner of the lawsuit object i or lawsuit object ii. the plaintiff has never owned land that was the object of the plaintiff i. the plaintiff has owned two land which became object plaintiff ii but the plaintiff has signed a power of attorney and a sale and purchase certificate to release ownership of the two land areas. 2. government responsibility for troubled land rights case laws regulations that can be used as a legal basis for resolving legal disputes over land, namely government regulation number 24 of 1997, minister of home affairs regulation number 3 of 1999 and minister of home affairs regulation number 9 of year 1999 and operational basis in the decree of the minister of home affairs number 72 of 1981 concerning the organizational structure and work procedures of the provincial agrarian directorate and the district / municipality agrarian office, specifically article 35 concerning the establishment of the technical guidance and legal settlement section which is tasked with providing technical guidance in the field of rights management land and resolve legal disputes related to land rights. regulation of the minister of agrarian affairs / head of the national land agency number 3 of 1997 concerning provisions for implementing government regulation number 24 of 1997 concerning land registration explains written evidence to prove new rights and old rights. article 60 regulation of the minister of state. agrarian / head of the national land agency number 3 of 1997 concerning provisions for implementing government regulation number 24 of 1997 concerning land registration stated that written evidence used for registration of old rights are: a. grosse deed of eigendom rights issued under overshrijvings ordonantie (s. 1834-27), which has been affixed with notes that the relevant eigendom rights are converted to ownership rights; b. grosse deigendom rights deed issued under overshrijvings ordonantie (s.1834-27) from the enactment of the loga until the date of land registration carried out according to government regulation no. 10 of 1961 in the area concerned; c. certificate of ownership which is issued based on the relevant self-regulation regulations; d. certificate of ownership issued based on minister regulation no. 9 of 1959; e. decree of granting ownership rights from the authorized official, either before or since the enactment of the loga, which is not yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 accompanied by an obligation to register the rights granted but has fulfilled all the obligations mentioned therein; f. land / land tax collections, girik, pipil, kekitir and indonesian verponding before the entry into force of government regulation number 10 of 1961; g. deed of transfer of rights made & under langan bearing the mark of testimony by the head of customary / village / village head made before the entry into force of this government regulation accompanied by the basis for the rights transferred; h. deed of transfer of title to land made by the ppat, whose land has not been recorded with the basis of the transferred right; i. endowment pledge deed / endowment pledge letter made before or since it began to be implemented. government regulation number 28 of 1977 accompanied by the basis of the rights represented; j. minutes of auction made by the authorized auction officer, whose land has not been recorded with the basis of the transferred rights; k. a letter of appointment or purchase of land replacement plots taken by the government or regional government; l. certificate of land history that was made by the land and building tax service office accompanied by the basis of the transferred rights; m. other forms of written evidence in whatever name as referred to in articles ii vi and vii of the loga conversion provisions. proof with witnesses in the land law is used if proof of ownership of a piece of land in the form of written evidence referred to above is incomplete or non-existent, then proof of rights can be carried out with a statement by the relevant person and reliable information from at least 2 (two) witnesses from the local community environment that does not have family relations with the person concerned to the second degree both in upward and sideways kinship stating that the person concerned is the true owner of the plot of land. the truth of the witnesses' testimony or the information given, the adjudication committee based on article 60 paragraph (4) of the regulation of the minister of agrarian affairs / head of the national land agency number 3 of 1997 concerning provisions for implementing government regulation number 24 of 1997 concerning land registration can: . looking for additional information from the community around the parcel of land that can be used to strengthen the testimony or information regarding the proof of ownership of the land; b. request additional information from the community as referred to in letter a which is expected to know the history of ownership of the plot of land by looking at the age and duration of residence in the area; c. look at the condition of the plot of land in its location to find out whether the person concerned physically controls the land or is used by other parties with the permission of the person concerned, and in addition can assess the buildings and plants that are on the plot of land that might be used as a clue to prove one's ownership over that parcel of land. the statement letter, oath / promise along with the above testimony as outlined in the form of documents to be submitted to the adjudication committee is evidence in the land law which is yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 also known in the civil code and with the description above i also believe that the evidence for evidence of rights has long been legally recognized for its existence at this time. this means that a transfer of land rights can be carried out with evidence used to prove the old right without a certificate of land rights, in that case only for old rights that have matured. government regulation number 24 of 1997 governing land registration is essentially to provide legal certainty guarantees that lead to the provision of legal protection for holders of land rights in indonesia. the final stages of the land registration process are as follows: a. for the first registration process, land rights are the issuance of land certificates; b. for the process of transfer, transfer of rights or assignment and deletion, it will be recorded in the land book registers and finally the land certificate must also be recorded. thus the land certificate is a very important evidence for legal subjects of land rights, so that the regulation of the minister of agrarian affairs / head of the national land agency number 3 of 1997 which is an operational regulation of government regulation number 24 of 1997 only requires evidence that has a very heavy weight lightweight, namely witness evidence in the process of issuing certificates of land, moreover government regulation number 24 of 1997 introduces the principle of legal certainty as regulated in article 32 which reflects the shift in the system adopted by land registration in indonesia from negative systems to negative systems plus government. supreme court regulation no. 1 of 1956 (perma 1/1956). in article 1 perma 1/1956 states: "if the examination of a criminal case must be decided in the event of a civil matter on an item or concerning a legal relationship between two particular parties, then the examination of a criminal case may be deferred to await a court decision in the examination of a civil case concerning the presence or absence of civil rights. the witness's statement under oath filed by the plaintiff before the court cannot confirm the plaintiff's argument and petitum regarding the request to the panel of judges to declare as law that the deed of selling power number 2047 dated june 6, 2007 has no legal force, because the witnesses in his statement did not know the above the plaintiff's right to the object of the dispute, also did not know about the process of the transfer of land rights that were recognized as being owned by the plaintiff. based on the certificate of land history that was made and signed on june 1, 2011 by sandoyo as the head of mojodelik village, it was stated that the land was originally owned by sasmito p. ict or sasmito with an initial area of 13,200m2, then ownership was transferred in 2004 to emiliana sri mariati furthermore, this land has been re-measured by the bojonegoro district land office and based on map no. field. 12.17.04.19.01827 dated june 10, 2011 jo. declaration of wide difference dated august 23, 2011 signed and known by sundoyo as the head of mojodelik village at that time, this land turned out to only have an area of 2,581m2, then this yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 land then in 2011 changed ownership to defendant v based on the deed of sale and purchase no. 281/2011, dated 23 august 2011, made before ppat drs. bambang waluyo, msi, witnessed by sandoyo as head of mojodelik village and gunawan as mojodelik village apparatus, and in 2013, defendant v then relinquished his rights to the 2,581m2 land to defendant i (as the attorney of skk migas) based on the deed of relinquishment of rights i the plaintiff has never been recorded as having obtained the transfer of rights to the land which became the object of lawsuit i from any party based on any legal mechanism, whether through a grant, sale, will, inheritance or other legal mechanism; the registrar's office of the supreme court of the republic of indonesia seeks to always include the most current and accurate information as a form of the supreme court's commitment to public service, transparency and accountability in the implementation of the judicial function. based on the description above, the plaintiff cannot prove the arguments of his claim in the fourth petitum, while defendant i has succeeded in proving his arguments, then the fourth plaintiff must be declared rejected; because the plaintiff's 4th / fourth was declared rejected, then for the 5th petitum, 6th petitum, 7th petitum, 8th petitum, 9th petitum, because of their close ties and dependence on the 4th petitum / fourth then it must also be declared rejected, as well as for the 1st petitum and the 2nd petitum because it depends on other petitum which has been rejected, it must also be declared rejected; because the plaintiff cannot prove the argument of the lawsuit, and all plaintiff's claims have been rejected, the plaintiff's claim must be declared rejected for all; because the plaintiff's claim was declared rejected, the plaintiff is on the losing side so the plaintiff must be punished for paying the costs of this case; in view of the provisions of article 1365 of the civil code and other provisions and regulations relevant to this case; in the exception refused the defendant i's exception entirely; in principal case 1. refuse the plaintiff's claim to the full; 2. punishing the plaintiff to pay a court fee of rp. 8,222,750, (eight million two hundred twenty-two thousand seven hundred and fifty rupiah). 4. conclusion 1. the lawsuit in the case of the decision of the supreme court of the republic of indonesia number 21 / pdt.g / 2017 / pn bjn was legally declared premature. the police report cannot be used as a basis for filing a quo lawsuit before obtaining a decision of permanent legal force namely signature forgery. 2. the lawsuit filed by the plaintiff is less parties (plurium litis consortium), and the lawsuit cannot be accepted (niet ontvankelijk verklaard). 3. the plaintiff has never owned land that was the object of the plaintiff i. the plaintiff has never owned two land which became object plaintiff ii but the plaintiff has signed a power of attorney and a sale and purchase certificate to release ownership of the two land areas. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 4. government regulation no. 24/1997 introduces the principle of legal certainty as regulated in article 32 which reflects the shift in the system adopted by land registration in indonesia from negative systems to negative systems plus government. references agus yudha hernoko. legal agreement. prenada media, jakarta, 2019. hal. 43 a zen, patra m., and daniel hutagalung. guide to legal aid in indonesia: your guide to understanding and resolving legal issues. indonesian torch foundation. jakarta, 2007., hal. 169 boedi harsono, indonesian agrarian law history of the establishment of the basic agrarian law, contents and implementation volume i national land law, djambat, jakarta, 2007. hal. 72 decision of the supreme court of the republic of indonesia decision number 21 / pdt.g / 2017 / pn bjn, hal. 1 decision of the supreme court of the republic of indonesia number 21 / pdt.g / 2017 / pn bjn government regulation number 24 year 1997 concerning land registration (state gazette year 1997 number 42) government regulation number 10 of 1961 concerning land registration h. purwosusilo. legal aspects of procurement of goods and services. prenada media, jakarta, 2017. hal. 56 indra rahmatullah. intellectual property rights assets as collateral in banking. deepublish, yogyakarta, 2015. hal. 23 i. made pasek diantha. normative legal research methodology in justifying legal theory. prenada media, jakarta, 2016. hal. 12 i. made pasek diantha. op. cit.hal. 150 ibid. thing. 43 ibid, hal. 1 ibid, hal. 3 ibid, hal. 3 jonaedi efendi and johnny ibrahim. normative and empirical legal research methods. prenadamedia group. jakarta. 2016. hal. 130 kalimatul jumroh and ade kosasih. return of state assets from corruption actors (study of the law on combating corruption and the united nations convention against corruption 2003). cv. zigie utama, bengkulu. 2019. hal. 38 kalimatul jumroh and ade kosasih. op cit.hal. 39 law number 5 of 1960 concerning basic regulations on agrarian principles soedargo gautama, interpretation of the basic agrarian law, bandung, alumni, 1993, hal. 92 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 süleyman uyar. contemporary approaches in businesses. ijopec publication, mar 15, 2019. hal. 60 supianto, fiduciary guarantee law: principles of publicity in fiduciary guarantees. garudhawaca publisher, jakarta. 2015. hal. 22 sri wijayanti. legal certainty certificates of land rights as evidence of land ownership rights (case study of ma decision on south meruya land dispute). diss diponegoro university, 2010., hal.1 t. gilarso, introduction to macroeconomics. kanisius, yogyakarta, 2004, hal. 235. the 1945 constitution of the republic of indonesia zainal arifin and muhammad ihsan muhlashon. "legal protection of the certificate of land rights as a proof of land ownership (case study of blitar district court decision number 70 / pdt. g / 2016 / pn. blt)." mizan, journal of legal studies 8.1. 2019, hal. 46 zainal arifin and muhammad ihsan muhlashon. op cit, hal. 47 konsep ta‘abbudi dan ta‘aqquli dalam hukum islam yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 the validity of determining the value of fines in motor vehicle loan agreements that exceeds limitations in the law ignasius tungga, nynda fatmawati octarina faculty of law, narotama university surabaya e-mail: ttungga30@gmail.com dan nynda_f@yahoo.com abstract the high price of motor vehicles results in not everyone being able to buy cash, non-cash motor vehicle purchases obtained through consumer finance with the lease financing agreement procedure, even though de facto consumers control the goods, bpkb and stnk, but de yure on goods financing contracts whose credit is financed as debt collateral, which means that ownership is on the part of the financial institution. the purpose of this article is: 1) describe the determination of the value of fines in the credit agreement. 2) describe the validity of the determination of penalty value in motor vehicle credit agreements that exceed the limitation in the law. this research is a qualitative normative juridical. the approach used is the statute approach. from the results of the discussion it was concluded: 1) determination of the value of the fines in the financing credit agreement following lkpp regulation no. 14/2012. article 120 perpres no. 54/2010 jo. perpres no. 35/2011 jo. perpres no. 70/2012 is 1/1000 or 0.5% of the contract value for each day of delay. 2) inclusion of fines in the raw clause is based on article 15 (1) of the financial services authority regulation no./pojk.05/2014 jo. article 38 (1) 35/pojk.05/2018 as a default (negligent/alpha). while the determination of the value of fines in the motor vehicle credit agreement that exceeds the limitation is legal by law as article 1239 of the civil code is strengthened article 1338, 1339 of the civil code. keywords: the value of fines, credit agreements, motor vehicles, laws 1. introduction motorized vehicles have an important meaning for the community as a means of transportation that makes it easier to travel shorter distances and time and become a personal necessity for daily activities. the relatively high price of motor vehicles result in not everyone being able to buy in cash, so that today many financing businesses that serve to finance the purchase of motor vehicles without having to have cash.1 non-cash purchases of motor vehicles are generally obtained through consumer finance institutions or consumer finance2 with the lease financing agreement procedure because the absolute ownership right is immediately transferred to the lessee in the end. but in general the community is very familiar with the term leasing in the motor credit process.3 1hartanto, surya sanji. jaminan dan pembiayaan konsumen studi tentang perlindungan hukum bagi pemberi jaminan (debitur) dalam perjanjian pembiayaan konsumen kendaraan bermotor (studi kasus di pt. fif surakarta). diss. universitas muhammadiyah surakarta, 2011, hal. 2 2wijaya, happy trizna. op cit, hal. 77 3aditya arta and mohammad hamsal. "analisis penetapan strategi bisnis dan posisi persaingan pt. wom finance jakarta." journal of business strategy and execution 8.1 2018., hal. 100 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 the phenomenon of the development of leasing institutions in indonesia is very rapid,4 along with the rapid development in the economy and trade which is followed by high business transactions, the public demands service with a fast, efficient and effective agreement.5 so that the consumer finance business is an area of business procurement of goods for consumer needs with an installment system or periodically become a trend. the increasing consumer demand for motor vehicle loans has led to rapid growth in the consumer finance business sector. this business opportunity has led to the emergence of new companies in the field of consumer finance, especially for motor vehicles(yustianti & roesli, 2018). the ease and ease of permits granted by the government is a supporting factor for the emergence of similar companies.6 at least today there are 200 finance companies, 120 banks that also provide financing facilities, and other institutions that provide similar services, such as cooperatives and microfinance institutions.7 various promos and price discounts, cashback, free insurance and others become a magnet for potential buyers. each finance company claims to offer the most "friendly" credit for the pockets of prospective customers. for vehicle loans, a maximum installment of 35 percent of total income per month. meanwhile, the portion of 35 percent is also included with other installments. in addition, consumers are directed to take credit with a maximum tenor of 3 years. that is because maintenance costs, taxes and so on are getting bigger. from these offers, consumers must also be sure that in the next three years, their career or income will increase significantly. if not, then the chance of failure to pay or the car will be withdrawn is very large at least the amount of the penalty to be incurred.8 as it is known that the granting of loans/credit offered by financial institutions, consumers/customers must pay in installments every month, even if they de facto control the goods they have bought from motor vehicle dealers, even written in proof of ownership of motorized vehicles (bpkb) or vehicle number certificates (stnk) is the name of the consumer/customer as the buyer, if viewed in terms of propriety or eligibility can be considered as the owner, but legally (de yure) that is grounded in an agreement or consumer financing contract which usually includes the provision that "during the payment of credit installments, goods that are the loan will be financed as collateral for the debt, which means that the ownership of the item is on the part of 4marhaeni ria siombo, lembaga pembiayaan dalam perspektif hukum. penerbit unika atma jaya, jakarta, 2019, hal. 40 5munir fuady, hukum kontrak (dari sudut pandang hukum bisnis), citra aditya bakti, bandung, 2003, hal. 76 6rahaju, ml endang edi, and h. sumarlan. "minat masyarakat dalam menggunakan jasa pembiayaan (leasing) kendaraan bermotor." ekomaks volume 2 nomor 1 maret 2013, hal. 2 7suwardi luis and j. b. soesetiyo. execution winners: menyingkap rahasia sukses 12 perusahaan dalam eksekusi strategi dan memenangi persaingan bisnis. pt gramedia pustaka utama, jakarta, 2013., hal. 73 8ringkang gumiwang, “menghindari jebakan skema kredit kendaraan”. https://tirto.id/menghindari-jebakanskema-kredit-kendaraan-cjjb diunduh tanggal 13 maret 2020. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 the financial institution.9 leasing contracts as innominate contracts are technically regulated in the minister of finance decree, industry, and trade no: kep-122/mk/iv/2/1974, no: 32/m/sk/2/1974, and number: 30/kpb/i/1974 concerning leasing business licensing, still applies as a guideline in leasing business activities, in addition to presidential regulation no. 9 of 2009. although the leasing agreement is an innocent form of agreement, the form of the nameless agreement that is not regulated in the civil code but matters relating to the terms of the agreement still refer to the civil code. in a leasing agreement the parties are free to determine the form of the agreement between them. at present for the sake of efficiency, the lease agreement or contract is already in the form of a standardized agreement with a standard format, which is made by the leasing company, with the lessee (debtor) having the choice to choose the conditions proposed "take it" or "leave it".10 standard clauses of the agreement tend to benefit the leasing party and make it difficult/deter even harming consumers (debtors).11 obligations of debtors according to article 1763 of the civil code states that "those who receive a loan are required to return it in the same amount and condition, and at the specified time." furthermore article 1764 of the indonesian criminal code states: "if he is unable to fulfill this obligation, then he is obliged to pay the price of the items he borrows, in which case the time and place where the goods must be returned, according to the agreement, must be returned and if the time and place have not been determined, the repayment must be made according to the price of the loan at the time and place where the loan occurred."12 for negligence or negligence, several sanctions or penalties are threatened including: paying compensation; cancellation of agreement or agreement breaking; risk transition; pay the case fee, if it is brought before the judge. "late installment payments incur a fine of rp." installment fees x 5/1000. " (five thousandths) or 0.5% (zero point five percent)13 per day is calculated based on late installments.”14 the problem of determining the value of fines is always included in the motor vehicle credit agreement. as for the contents of the standard agreement that is contrary to the provisions of the legislation usually about the terms of the financing agreement, for example, the contents of 9ibid, hal. 71 10marhaeni ria siombo. lembaga pembiayaan dalam perspektif hukum. penerbit unika atma jaya. jakarta, 2019. 11noor, erma zahro. "perlindungan hukum terhadap debitur yang memperoleh fasilitas kredit sepeda motor dengan perjanjian fidusia." jurnal panorama hukum 2.1 2017, hal. 70 12ibid, hal. 74 13siti rahayu. ketentuan hukum penetapan denda atas keterlambatan nasabah membayar angsuran pada perkreditan motor ditinjau dari kompilasi hukum ekonomi syari'ah dan fatwa dsn mui (studi kasus di pt. mega central finance bandar jaya kecamatan terbanggi besar kabupaten lampung tengah). diss. iain metro, 2017., hal. 4 14noor, erma zahro. op cit, hal. 76 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 the article are "debtor must pay installments, costs including but not limited to the administration fee installments anywhere by any means as well as other costs incurred arise in connection with this agreement, or compulsory fines (if any) in a timely and full manner in accordance with this agreement. if the installment payment is only partial, the payment is deemed not made until the debtor pays in full according to the installment value specified in this agreement. if the payment date falls on a holiday, the debtor is required to make installment payments on the last business day before the holiday. 15 the existence of the contents of the standard agreement as above, the debtor is not only required to pay installments, but the debtor is also charged with administrative costs for receiving installments and other costs incurred in connection with this agreement, or fines that are required in a timely and full manner.16 the problem that arises is when consumers do not pay installments within a certain time or do not pay it off, the finance company will double the penalty or with other costs. on this basis the authors are interested in conducting further research with the title of the study: "the legitimacy of determination of penalty rates in motor vehicle credit agreements that exceed limits in the laws". the purpose of this article is: 1. analyzing the determination of the value of fines in the credit agreement 2. reviewing, analyzing the legal consequences of the legitimacy of determining the value of fines in a motor vehicle credit agreement that exceeds limits in the law. 2. research methods this research is normative juridical 17 does not contain data and analytic models18 namely, reviewing and analyzing legal materials and legal issues related to the problem under study19. “this research aims to solve the questions that arise, while the results to be achieved are in the form of prescriptions for what they need to do to resolve the issue. in academic work, the prescription is provided in the form of a recommendation or recommendation”20. from this description, it is also included in qualitative research. 21 the approach used in normative research will enable a researcher to utilize the findings of 15marafwansyah, muhammad, sanusi bintang, and darmawan darmawan. "perjanjian baku dalam perjanjian sewa beli kendaraan bermotor pada perusahaan pembiayaan di kota banda aceh." kanun: jurnal ilmu hukum 20.2 (2018): 219-236, hal. 225 16ibid, hal. 225 17h. purwosusilo. aspek hukum pengadaan barang dan jasa. prenada media, jakarta, 2017. hal. 56 18süleyman uyar. contemporary approaches in businesses. ijopec publication, mar 15, 2019. hal. 60 19supianto, hukum jaminan fidusia: prinsip publisitas pada jaminan fidusia. penerbit garudhawaca, jakarta. 2015. hal. 22 20supianto. op cit. hal. 22 21h. purwosusilo. op cit. hal. 56 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 empirical law and other sciences for the benefit and analysis and explanation of the law, without changing the character of law as a normative science22. the approach used in this study is the statute approach. the statutory approach is done by reviewing all the laws and regulations that relate to the issues at hand the validation of penalties in the motor vehicle credit limit agreement. in the context of collecting primary legal materials, to facilitate discussion of problems, primary legal materials are arranged or systematically identified by: 1. the gathering is based on the hierarchy of statutory regulations by starting to look for norms at the constitutional level of the law, implementing regulations such as government regulations and local government regulations and others relating to central issues and research issues. searches like this are often called searches with the snowball system, meaning that they keep rolling from the highest rule to the lowest rule23. 2. it is important to note whether the rules still apply as positive law or not. this is intended so that researchers do not use rules that are no longer valid, especially in research that uses the statute approach. if this happens, it will clearly illustrate the negligence or negligence of the researcher and at the same time will be used as a powerful factor to refute the accuracy of the researcher's argument24. 3. 3. legal indication also needs to be broken down into laws that fall under the lex specialis or special law and those that are general or general law. the same is true of lex preori or old law and lex posteriori or new law, lex superior or higher law and inferior lex or lower law governing the same. this ruling is useful in the future to apply the legality of legal remedies, in order to ascertain which laws have the force of the two laws of the same nature but in conflict situations25. 4. in addition to collecting laws and regulations on the central issue, it is also necessary to collect laws and regulations relating to the central issue itself26. secondary legal material collection namely materials that are closely related to primary legal materials and can help analyze and understand primary legal materials such as books, research results, scientific journals, legal journals, legal magazines, scientific articles, sema, perma, and papers seminar results related to research material27. primary legal materials and secondary legal materials are processed by sorting materials that 22ibid. hal. 130 23i. made pasek diantha. metodologi penelitian hukum normatif dalam justifikasi teori hukum. prenada media, jakarta, 2016. hal. 150 24ibid. hal. 150 25ibid. hal. 150 26ibid. hal. 150 27hono sejati. rekonstruksi pemeriksaan perkara di pengadilan hubungan industrial berbasis nilai cepat, adil, dan murah. citra aditya bakti, yogyakarta, 2018. hal. 65 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 have relevance to the issues discussed. then the materials are selected, analyzed, and grouped according to the sub-sections that are directed to describe the answers to the problems that are the object of this study.28. the steps taken include: (a) legal material inventory; (b). legal material identification; c. systematizing legal materials; (d). legal material analysis; (e). design and writing 29. the series of stages begins with an inventory and identification of relevant sources of legal materials (primary and secondary). the next step is to systematize all existing legal materials. this systematization process is also applied to the principles of law, theories, concepts, doctrines, and other reference materials. the series of stages is intended to facilitate the assessment of research problems. through this series of stages it is expected to be able to provide recommendations that support the need for reinterpretation and reorientation of understanding of the principles of contract law that reflect equality for the parties30. the legal material analysis method used is a qualitative juridical analysis that is by collecting and gathering materials, then arranged in a particular framework, then analyzed according to the means of analysis by interpreting the law, legal construction, and legal arguments31. while the analysis of secondary legal materials, in the form of theories about the law in general, including legal materials derived from encyclopedias and public dictionaries and legal dictionaries will be combined with the results of the analysis of primary legal materials earlier, so that a description which contains the answer to the formulation of the problem raised in this paper. 3. discussion 1. determination of the value of fines in the credit agreement the principle in contractual relations is that there is a guarantee of certainty in the implementation of the contract. when a contract is not carried out, the rule of law requires payment of a penalty, without regard to major or minor failures.32 the emphasis of contract implementation is the principle of balancing all the burden of obligations contained in contractual relationships. so that conflicts of interest between the rights and obligations of the parties do not occur. if there is no balance in the implementation of rights and obligations in contractual relations, then a violation of the interests or rights of one of the parties will arise, if this happens then a legal event will arise 28kalimatul jumroh dan ade kosasih. pengembalian aset negara dari pelaku tindak pidana korupsi (studi undang-undang tentang pemberantasan korupsi dan united nation convention against corruption 2003). cv. zigie utama, bengkulu. 2019. hal. 38 29agus yudha hernoko. hukum perjanjian. prenada media, jakarta, 2019. hal. 43 30ibid. hal. 43 31kalimatul jumroh dan ade kosasih. op cit. hal. 39 32prof. dr. agus yudha hernoko, s.h., m.h. hukum perjanjian, prenada media, jakarta, 2019, hal. 30 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 called "default".33 the inclusion of "interest clauses, provisions, and late payment penalties" is basically a reasonable business practice. therefore, the imposition of interest, provisions and even penalty penalties in the event of a delay is a binding instrument so that debtor customers keep their contractual obligations as well as possible. by fulfilling obligations in a good and timely manner, it not only benefits the bank but can be used as an indicator of the debtor's business success.34 negligence or negligence, are threatened with several sanctions or penalties which include: paying compensation; cancellation of agreement or agreement breaking; risk transition; pay the case fee, if it is brought before the judge. "late installment payments incur a fine of rp." installment fees x 5/1000. " (five thousandths) or 0.5% (zero point five percent)35 per day is calculated based on late installments.”36 determination of the above fines is a financial sanctions imposed on providers of goods/services to the government based on lkpp regulation no. 14/2012. article 120 perpres no. 54/2010 jo. perpres no. 35/2011 jo. perpres no. 70/2012 says that a goods/service provider who is late in completing work within the period specified in the contract due to an error of the goods/service provider is subject to a late penalty of 1/1000 (one-thousandth) of the contract value or the value of the contract portion for each day of delay. then what is meant by the contract part is the work part listed in the contract terms contained in the draft contract and contract documents. completion of each work listed in the contract part does not depend on each other and has different functions, where the functions of each part of the contract are not related to each other in achieving job performance. furthermore, based on lkpp regulation no. 14/2012 the amount of the fines to the provider for the delay is as follows: 1. 1/1000 (one-thousandth) of the price of the part of the contract listed in the contract and not yet done, if the said part of work has been carried out and can function; or 2. 1/1000 (one-thousandth) of the price of the contract, if part of the goods that have been implemented are not functioning yet. after the enactment of perpres no. 70/2012, the provision regarding a maximum fine of 5% as stipulated in article 120 of presidential regulation no. 54/2010 has been changed. in essence after the issuance of perpres no. 70/2012 the provisions regarding a maximum fine of 5% have not been regulated anymore. the inclusion of fines in clauses such as these used by financial institutions is to reinforce the rights of banks or financial institutions to charge both the amount and 33dr. yahman, s.h., m.h. karakteristik wanprestasi & tindak pidana penipuan. prenada media, jakarta, 2017, hal. 79 34prof. dr. agus yudha hernoko, s.h., m.h. op cit, hal. 201-202 35siti rahayu. loc cit, hal. 4 36noor, erma zahro. loc cit, hal. 76 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 condition.37 2. the validity of determining the value of fines in motor vehicle loan agreements that exceed limits in the law. inclusion of fines in the standard clause is based on article 15 (1) of the financial services authority regulation number/pojk.05/2014 concerning the operation of a financing company, stating that the financing agreement as referred to in article 14 at least contains: a. type of business activity and method of financing; b. number and date of agreement; c. identity of the parties; d. financing goods or services; e. value of financing goods or services; f. the amount of receivables and the value of the installment financing; g. time period and financing interest rates; h. collateral object (if any); i. details of costs associated with financing provided that at least contain: 1. survey costs; 2. insurance/guarantee/fiduciary costs; 3. provision fees; 4. notary fees; j. clause of clear fiduciary loading, if the object of financing is burdened with fiduciary collateral; k. clause regarding the dispute resolution mechanism; l. clause regarding the rights and obligations of the parties; and m. fine. whereas article 38 (1) of the financing company must explain the illustration of the calculation of the principal of the financing and interest receivables during the financing period as well as the illustration of the imposition of fines and collateral execution fees in the case of a defaulting debtor to the debtor prior to the signing of the financing agreement. regulation of the financial services authority number 35/pojk.05/2018 concerning the operation of a financing company. default (negligence/negligence) as stipulated in the ojk regulations above is a debtor can be in the form of: a. not doing what he is promised will do. b. carry out what was promised, but not as promised. c. doing what he promised but too late. d. doing something according to the agreement can't be done. if not previously agreed upon in such an agreement, then beforehand we need to listen to the provisions of article 1239 of the civil code ("civil code") which has provided the arrangements: "each engagement to do something, or not to do something, if the debtor does not fulfill his obligations, gets his settlement in the obligation to provide reimbursement of costs, losses, and interest." the provisions of article 1338 of the civil code, the parties in an agreement are given a freedom of contract to determine what matters or clauses to be promised in the agreement, including to determine interest or penalties in an agreement. however, the agreement must still be made and implemented in good faith and heeded the compliance, customs and the law (vide: article 1338 paragraph 3 and 1339 civil code) 37rahmad nauli siregar. "perbandingan perjanjian kredit dalam prespektif perjanjian syariah islam dan kitab undang-undang hukum perdata." premise law journal 1.2 (2013): 160463, hal. 9 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 regarding interest, if interest is not regulated in an agreement, then the law contained in state gazette no. 22 of 1948 has determined the interest of a negligence/negligence (interest moratoir) that can be sued by creditors from the debtor is 6 (six)% per year. if we refer to the provisions of article 1250 of the civil code, the interest demanded by the creditor may not exceed the maximum interest rate of 6 (six)% per year, as stipulated in the act. regarding fines (in practice called penalties), the legal consequences of default under article 1239 of the civil code are costs (cost), losses (schaden) and interest (interesten). in practice, it is indeed not easy to distinguish between the qualifications and consequences of defaults and unlawful acts regulated in article 1365 of the civil code. 4. conclusion 1. determination of the value of the fines in the financing loan agreement following lkpp regulation no. 14/2012. article 120 perpres no. 54/2010 jo. perpres no. 35/2011 jo. perpres no. 70/2012 that the goods/services provider who is late in completing work within the period specified in the contract due to an error of the goods/services provider is subject to a late penalty of 1/1000 (one-thousandth) of the contract value or the part value of the contract for each day of delay or 0, 5% (zero point five percent) per day is calculated based on late installments. law published in state gazette no. 22 of 1948 set the interest of a negligence/negligence (interest moratoir) that can be sued by creditors from the debtor is 6 (six)% per year. the provisions of article 1250 of the civil code, the interest demanded by the creditor may not exceed the maximum limit of interest of 6 (six)% per year, as stipulated in the act. 2. inclusion of fines in the raw clause is based on article 15 (1) of the financial services authority regulation no./pojk.05/2014 jo. article 38 (1) 35/pojk.05/2018 concerning the operation of the financing company business as a default (negligent/alpha). whereas the determination of a large penalty value in a motor vehicle credit agreement that exceeds limitation is not legal as article 1250 of the civil code ("civil code") which provides the arrangement: "the interest demanded by the creditor may not exceed the maximum interest limit of 6 (six)% per year. " this is reinforced by article 1338 of the civil code, the parties in an agreement are given a freedom of contract to determine what matters or clauses to be promised in the agreement, including to determine interest or penalties in an agreement. however, the agreement must still be made and implemented in good faith and heeded the compliance, customs and the law (vide: article 1338 paragraph 3 and 1339 civil code) suggestion to avoid legal actions from both the creditor and the debtor, it is better for the creditor not to yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 impose late fees to the debtor by exceeding the penalty limits stipulated in the civil code. as for the debtor, it is better to read carefully the contents of the credit agreement provided by the creditor before giving the signature of approval. references arta, aditya, and mohammad hamsal.(2018) "analisis penetapan strategi bisnis dan posisi persaingan pt. wom finance jakarta." journal of business strategy and execution 8.(1): 97121. diantha, i. made pasek.(2016). metodologi penelitian hukum normatif dalam justifikasi teori hukum. prenada media, jakarta. dr. yahman, s.h., m.h. (2017). karakteristik wanprestasi & tindak pidana penipuan. prenada media, jakarta. fuady, munir. (2003). hukum kontrak (dari sudut pandang hukum bisnis), citra aditya bakti, bandung. h. purwosusilo.(2017). aspek hukum pengadaan barang dan jasa. prenada media, jakarta. hernoko, agus yudha. (2019). hukum perjanjian. prenada media, jakarta. hartanto, surya sanji.(2011). jaminan dan pembiayaan konsumen studi tentang perlindungan hukum bagi pemberi jaminan (debitur) dalam perjanjian pembiayaan konsumen kendaraan bermotor (studi kasus di pt. fif surakarta). diss. universitas muhammadiyah surakarta. jumroh, kalimatul dan ade kosasih. (2019). pengembalian aset negara dari pelaku tindak pidana korupsi (studi undang-undang tentang pemberantasan korupsi dan united nation convention against corruption 2003). cv. zigie utama, bengkulu. keputusan menteri keuangan nomor 1169/kmk.01/1991 tentang kegiatan sewa guna usaha (leasing) keputusan menteri keuangan nomor 634/kmk.013/1990 tentang pengadaan barang modal berfasilitas melalui perusahaan sewa guna usaha (perusahaan leasing) luis, suwardi, and j. b. soesetiyo.(2013). execution winners: menyingkap rahasia sukses 12 perusahaan dalam eksekusi strategi dan memenangi persaingan bisnis. pt gramedia pustaka utama, jakarta. marafwansyah, muhammad, sanusi bintang, and darmawan darmawan.(2018). "perjanjian baku dalam perjanjian sewa beli kendaraan bermotor pada perusahaan pembiayaan di kota banda aceh." kanun: jurnal ilmu hukum 20.(2): 219-236. noor, erma zahro. (2017) "perlindungan hukum terhadap debitur yang memperoleh fasilitas kredit sepeda motor dengan perjanjian fidusia." jurnal panorama hukum 2.(1): 69-86. prof. dr. agus yudha hernoko, s.h., m.h.(2019). hukum perjanjian, prenada media, jakarta. peraturan presiden nomor 9 tahun 2009 tentang lembaga pembiayaan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 perpres no. 70 tahun 2012 tentang perubahan kedua atas perpres no. 54 tahun 2010 tentang pengadaan barang/jasa pemerintah peraturan menteri keuangan nomor 100/pmk.010/2009 tentang perusahaan pembiayaan peraturan otoritas jasa keuangan nomor /pojk.05/2014 tentang penyelenggaraan usaha perusahaan pembiayaan peraturan otoritas jasa keuangan nomor 35/pojk.05/2018 tentang penyelenggaraan usaha perusahaan pembiayaan peraturan kepala lkpp nomor 14 tahun 2012 tentang petunjuk teknis perpres no. 70 tahun 2012 tentang perubahan kedua atas perpres no. 54 tahun 2010 tentang pengadaan barang/jasa pemerintah sejati, hono. (2018). rekonstruksi pemeriksaan perkara di pengadilan hubungan industrial berbasis nilai cepat, adil, dan murah. citra aditya bakti, yogyakarta. siombo, marhaeni ria, (2019). lembaga pembiayaan dalam perspektif hukum. penerbit unika atma jaya, jakarta. siombo, marhaeni ria. (2019). lembaga pembiayaan dalam perspektif hukum. penerbit unika atma jaya. jakarta. siregar, rahmad nauli. (2013). "perbandingan perjanjian kredit dalam prespektif perjanjian syariah islam dan kitab undang-undang hukum perdata." premise law journal 1.(2): 160463. süleyman uyar.(2019). contemporary approaches in businesses. ijopec publication. rahaju, ml endang edi, and h. sumarlan.(2013) "minat masyarakat dalam menggunakan jasa pembiayaan (leasing) kendaraan bermotor." ekomaks volume 2 nomor 1 maret. rahayu, siti.(2017). ketentuan hukum penetapan denda atas keterlambatan nasabah membayar angsuran pada perkreditan motor ditinjau dari kompilasi hukum ekonomi syari'ah dan fatwa dsn mui (studi kasus di pt. mega central finance bandar jaya kecamatan terbanggi besar kabupaten lampung tengah). diss. iain metro. ringkang gumiwang, “menghindari jebakan skema kredit kendaraan”. https://tirto.id/menghindari-jebakan-skema-kredit-kendaraan-cjjb diunduh tanggal 13 maret 2020. wijaya, happy trizna. (2019). "keabsahan akta dibawah tangan kredit motor dalam perjanjian jaminan fidusia." jurnal hukum bisnis bonum commune 2.(1) : 77-86. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 the development of indonesia as the rule of law based on 1945 constitution before and after amendments bambang panji gunawan1, surti yustianti2, mohammad roesli3, bastianto nugroho4, sumarso5 1faculty of law, university of maarif hasyim latif 2,3,4,5faculty of law, universty meredeka surabaya e-mail: bambang.panji@dosen.umaha.ac.id abstract prior to amendment of the 1945 constitution, constitutional basis of indonesia that indonesia is a state based on law is contained in the preamble of the 1945 constitution body. statement that indonesia is a country of law is also mentioned in the 1945 constitution explanation. article 1 (3) of the 1945 constitution states that "indonesia is a state of law". the provisions of the aforementioned article constitute the constitutional basis that indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). there is different meaning between indonesia is a state based on law and indonesia is a state law.applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.continental european legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. both laws state models prioritize different aspects. rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept. keywords: constitutional structure, constitution amendment 1. introduction with the reformation, including reformation in public administration, the desire to perfect the constitution of 1945 as something switched so far can be accommodated as 1945 constitution set in the day after the proclamation of indonesian independence is temporary and therefore needs to be improved and supplemented (yustianti & roesli, 2018). in the course of indonesia's history, proclamation of indonesian independence on 17 august 1945 is a historic event as well as a source of law for the establishment of the republic of indonesia. nevertheless, the proclamation of independence is not the final destination of indonesia's state, yet a means to achieve its goal to realize prosperous and justice society based on pancasila as stated in the 1945 opening, paragraph iv. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 according kansil,1 the proclamation of indonesian independence is broadly defined as: a) the birth of the republic of indonesia, b) the point of culmination of indonesian independence movement, after struggling for decades since may 20, 1908, and c) the starting point on the implementation of the message of people suffering. the history indonesian government started since indonesia proclaimed its independence on august 17, 1945. the history of the birth of indonesian nation government has started since indonesia has not proclaimed even before independence. on april 29, 1945 the government of japan in jakarta, formed a body referred to "dokuritsujuunbicoosakai" or "investigation agency efforts preparation of indonesian independence " (bpupki) , this body consists of 62 members, led by dr. radjimanwedyodiningrat. indonesia government principle is contained in indonesia basic law constitution) 1945 and for indonesia, the history of its reign came into force as the implementation of the first constitution of constitution of the state of indonesia in 1945 which entered into force on 18 august 1945 or the day after proclamation of independence of the republic of indonesia. bpupki performed twice meeting: on may 29 until june 1, 1945, and july 10 to july 16, 1945. in performing its duties as the investigative efforts of indonesian independence, bpupki formed a small committee tasked to formulate the results of the agency's negotiations. a small committee consisting of nine members, was finally on june 22, 1945 managed to draft the preamble of the constitution of 1945. in addition, bpupki also has managed to compile a draft of the republic of indonesia constitution. having successfully established a draft of the basic law, the agency finally dissolved and instead formed a new body called the committee for indonesian independence (ppki) on august 9, 1945. an agency called ppki is composed of well-known leaders and people who have and represent regions of indonesia. the body is therefore considered as a representative body, which represents all the people of indonesia. the day after the reading of the proclamation of independence of the republic of indonesia, on august 18, 1945, ppki convened and finally managed to set the following points: a. the preamble to the constitution of 1945. b. constitution of 1945. c. electing ir. soekarno and drs. moh. hatta respectively as president and vice president of the republic of indonesia. d. president for the time being is assisted by the entire national committee2 1kansil, c.s.t., hukum tata negara republik indonesia. (jakarta: bina aksara, 1984), p.267 2ibid., kansil, c.s.t., hukum tata negara republik ... p. 267-269. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 on august 19, 1945, ppki held a meeting and managed to establish two things: a. `establishment of 12 department of state. b. dividing indonesia in eight provinces and each province is divided into the residency3 with the election of president and vice-president of the republic of indonesia on the constitution of 1945, formally indonesia has fulfilled the terms of the formation of a state, namely: a. the existence of people of a particular country. b. the existence of specific regions of the country. c. government with sovereignty d. recognition of other countries. in the second period of the enactment of the 1945 constitution, under article 134 of the 1950 constitution: "the constituent assembly together with the government shall as soon as possible establish the constitution of the republic of indonesia which shall replace the current constitution". from the provisions of the aforementioned article it is clear that the 1950 constitution applied for a short time only and constituent is given the task of making permanent constitution. as at that time there was a problem in the constitutional system because the constituent assembly did not succeed in making the new constitution as a substitute for the 1950 constitution, president soekarno issued a presidential decree of 5 july 1959, which contained: (a) dissolution of the constituent assembly. (b) stipulation of the re-enactment of the 1945 constitution and the non-entry into force of the 1950 uuds. (c) plans for the establishment of mprs and dpas in the shortest possible time. with the issuance of presidential decree 5 july 1959, the 1945 constitution again applies as a constitution for the state of indonesia. reformation that occurred in indonesia in 1998 has caused a great change for indonesia including state administration. one of the reforms in the field of state administration is four times amendment of the 1945 constitution. since the issuance of presidential decree 5 july 1959 with one of the contents is to determine the re-enactment of the 1945 constitution, until the enactment of the power of the soeharto regime, the 1945 constitution as the constitutional basis of the state of indonesia has never undergone any changes to be refined. with reformation, including reformation in the field of state administration, the desire to change refined the 1945 constitution which has so far been something sacred emerged. 1945 constitution set a day after the proclamation of indonesian independence is temporary and therefore needs to be refined and equipped. 3kansil., c.s.t., hukum tata negara republik ... p.270. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 article 1 paragraph (3) of the 1945 constitution stated that: "the state of indonesia is a state of law". the provisions of the article constitute the constitutional basis that indonesia is a state based on law, the law is placed in the highest position in the life of the society, nation and state (supremacy of law). 2. methodology the writing of this paper uses the normative method, which means that data collection is based on the prevailing laws and regulations and its data collection used literacy relevant with the object of the paper. 3. discussion indonesia is a state of law reformation taking place in indonesia in 1998 has led to a very big change for the nation including in administration of indonesia. one of reformation outcomes in the field of administration is four times amendment of the 1945 constitution. since the promulgation of presidential decree on july 5, 1959 on the re-enactment of the 1945 constitution to the enactment of the soeharto regime, the 1945 constitution as the constitutional basis of state of indonesia have not been changed for perfection. with the reformation, including reformation in public administration, the desire to perfect the constitution enhance 195 as something switched so far can be accommodated. basically, 1945 constitution set in the day after the proclamation of indonesian independence is temporary and therefore needs to be improved and supplemented. article 1 (3) of the 1945 constitution states that "indonesia is a country of law". the provisions of article is a constitutional basis that indonesia is a state based on law, law is placed at the highest position in the society, nation and state (supremacy of law). in the era prior to the amendment of the 1945 constitution, the constitutional basis of indonesia that it is a state based on law is contained in the preamble of 1945 constitution body with the constitutional structure as follows: statement that indonesia is a state of law is also mentioned in 1945 explanation, stating that there are seven main key of indonesian state administration system, namely: 1) indonesia is a country based on law (rechtstaat) and not based on power (maachtstaat). 2) constitutional system. 3) the highest authority is in people's consultative assembly (mpr). 4) president is the highest state of governance under the mpr. 5) president is not accountable to parliament. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 6) minister of state is the assistant of the president and is not accountable to parliament. 7) power of head of state is not limited4 based on the first point of the explanation, it is clear that the law is good order of the national life in the political, economic, social, cultural, and defense and security aspects. before 1945 constitution the change and after the change, some constitutions have been applied in indonesia including constitution of 1950 and constitution of the united republic of indonesia. the various kinds of constitutions indicate that indonesia remains a country that is based on the law until the implementation of 1945 amendments as stated in article 1 (3). law in the life of society, nation and state has a function as a control and guide (signs) of people's lives, with the intention to create the order of life of the nation that is safe, orderly, fair, with the guarantee of legal certainty and the protection of human rights. in addition, law also serves as a source of law in conflict resolution that occurs between the subject of law. indonesia remains as a state based on law to the enactment of the 1945 amendments, as stated in article 1 (3) mentioned above, the structure of state administration is as follow characteristics of state of law, and specifically to the state of indonesian law are known by 1945 constitution which is the constitutional basis of the indonesian legal state. the nature and characteristics of a state of law can be explained by the results of a symposium organized by the university of indonesia in 1966 in jakarta. in the symposium stated that: "the nature of state of law is where the tool equipment can only act according to and bound by the rules that have been determined in advance by means of equipment that are authorized to conduct rules or simply called the principle of" rule of law ".5 characteristics of state of law are: 1) recognition and protection of human rights, which contained equality in the political, legal, social, economic, and cultural aspect. 2) an independent and impartial judiciary and not influenced by any power whatsoever. 3) legality in the sense of all of its forms. the concept of constitutional state which is then given a constitutional basis by 1945, basically cannot be separated from the history of the indonesian people, especially during the preindependence of "colonization" and independence. this is understandable as indonesian people were colonized by the dutch. in relation to the law, as the dutch as colonizing country intends to issue a resident colony and land management by imposing laws of the netherlands through concordances policy by implementing dutch laws in the colonies. 4waluyo, bambang, 1991. implementasi kekuasaan kehakiman republik indonesia, (jakarta: sinar grafika, 1991), p.1-2 5ibid., waluyo, bambang. 1991. implementasi kekuasaan kehakiman ... page.2-3 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 therefore, the concept of sate of law introduced by 1945, is a state law similar to the existing state of law in countries that embrace the continental european legal systems. continental european legal system uses rechtsstaat which is also known as rule of law inother parts of the world from anglosaxon countries. both models of the legal state, according to sukowiyono6 prioritize different aspects. rechtsstaat concept prioritizes wetmatigheid principles which later became rechtmatigheid, while rule of law prioritizes equality before the law7. as result of differences in emphasis in these operations, different elements between rechtsstaat and rule of law emerge. the differences are as follows: 1) element of rechtsstaat: b. protection of human rights (ham). c. separation and division of state power to ensure the protection of human rights. d. government by regulation. e. administrative justice; and 2) rule of law element: a. existence of the rule of law. b. equality before the law; and c. guarantee of human rights protection.\ rechtsstaat and rule of law possess similarities and differences. both rechtsstaat and the rule of law have always been associated with the concept of legal protection as these concepts cannot be separated from the idea to give recognition and protection of human rights. thus both have efforts to provide protection to the rights of civil liberties of citizens, with regard to the protection of basic rights, now more ights as human, with logical consequence of separation or division of power in the country, violations can prevented or at least minimized. in addition, the difference between rechtsstaat and rule of law concepts apparent on the institutionalization of the judicial world, rechtsstaat and the rule of law offers different jurisdictions yet in essence both concepts conduct protection for the rights of the human family through the institutionalization of an independent judiciary. on rechtsstaat concept, administrative judiciary is independent judiciaries, while in the rule of law concept there is no judicial administration as a stand-alone environment. this is because in rule of law concept, all people are considered equal before the law, thus citizens should receive justice. 6ibid., waluyo, bambang, 1991, implementasi kekuasaan kehakiman ... page. 6. 7mahfud m.d. moch., hukum dan pilar-pilar demokrasi, (yogyakarta: gema media, 1999), page.127 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 as a legal state, indonesia adopts rule of law, where law has supreme authority within a country. thecharacteristics of a state of law can be seen in the practice of governance in indonesia, with the judiciary independent and impartial as well as their recognition of human rights, although in practice its implementation is still not perfect and there are many irregularities occurring on the characteristics of the legal state. given that the law almost covers all aspects of the life of the nation, it is necessary to enhance the development of the law as in line with the development of community to achieve and the results can be felt by society without exception. the implementation of second period of constitution 1945 july 5, 1959 to 1999 (1945 constitution before the amendment) article 134 uuds 1950 declares "constituent (constitution creator meeting), together with the government as soon as possible establish the constitution of the republic of indonesia, which will replace the constitution of ris". this made clear that provisional constitution of 1950 applies only to temporarily and constituent is given the task to create a constitution that will be valid permanently. as there was a problem in the state system due to the constituent assembly did not succeed in making the constitution a new one as a replacement provisional constitution of 1950, then president sukarno issued presidential decree of 5 july 1959, which contains: (a) the dissolution of the constituent assembly. (b) determination of reenactment of 1945 constitution and withdrawal of 1950 provisional constitution. (c) the plan to establish the assembly and the dpas in the shortest possible time. with the issuance of presidential decree of july 5th, 1959, 1945 constitution is re-applied as a constitution for the state of indonesia. in explanation of the 1945 constitution clearly defined and systematically on seven key staple governance system in indonesia: (a) indonesia is a state based on law (rechtsstaat) and not based on power alone (maachstaat). this means that the government and other state institutions in taking any action must be based on law and legally defensible. (b) constitutional system. this means that the government is based on the constitution (basic law) and not absolutism (unlimited power). (c) supreme state power in the hands of the people's consultative assembly (mpr). (d) the president is the highest organizers state government under the mpr. (e) the president is not accountable to parliament. (f) minister of state is the assistant to the president, and not accountable to parliament. (g) heads of state power is not unlimited. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 1999 until now (after amendments) reformation taking place in indonesia in 1998 has led to a very big change for the nation including in administration of indonesia. one of reformation outcomes in the field of administration is four times amendment of the 1945 constitution. since the promulgation of presidential decree on july 5, 1959 on the re-enactment of the 1945 constitution to the enactment of the soeharto regime, the 1945 constitution as the constitutional basis of state of indonesia have not been changed for perfection. this happens as the new order era, committed to implement the 1945 constitution purely and consistently, thus giving the impression that 1945 is one that is "sacred" and cannot be changed by anyone, as well as threats and stigma subversive for anyone who is trying to change the 1945 constitution because at that time only a new order of government is entitled to interpret the constitution, 1945. this is ironic as in 1945 constitution body, particularly article 37 of the 1945 constitution provides chance on changes to the 1945 constitution with rules that have been set clearly. however it was "vanished" by the issuance of mpr decree no. i / mpr / 1983 jo mpr decree no. vii / mpr / 1988 jo law no. 5 of 1985 on referendum. with reformation, including reformation in public administration, the desire to perfect the constitution enhance 195 as something switched so far can be accommodated. basically, 1945 constitution set in the day after the proclamation of indonesian independence is temporary and therefore needs to be improved and supplemented. in the constitution amendment, mpr factions agreed on a few things that do not concern and disturbing existence of the state. the contents of the agreement are (ni'matul huda, 2003: 13). (a) does not change the 1945 preamble. (b) defending the unitary state of the republic of indonesia. (c) reinforce the presidential government system. (d) abolition of 1945 explanation, and include normative matters of explanation into chapters in the body of 1945. (e) amendment is made by addendum. as a constitutional state, indonesia embraces a system of rule of law or rule of law, whereby law has the highest authority within a state. the peculiarities of the rule of law can be seen in the practice of governing indonesia in the presence of free and impartial judiciary powers and recognition of human rights, although in practice the operation is still not perfect and there is a lot of misappropriation of the characteristics or elements of the legal state. indonesia is a state based on law (rechtsstaat) and is not based on mere power (maachstaat). this means that in taking any action, the government and other state institutions should be based on law and can be legally accountable, which only bears meaning in accordance yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 with the principle of legality. principle of legality is one element of some elements of the rule of law. given that the law covers almost every aspect of national and state life, it is essential to promote law development in line with community development so that the legal goals to be achieved in the form of a legal state can be achieved and the results can be perceived by all levels of society fairly and even without exception. 4. conclusion amendment of 1945 constitution has a great influence on the change of the constitutional system in indonesia, including changes in the structure of state administration aimed at the improvement of the constitution 1945 in order to become basic law the indonesian nation corresponding with their rapidly developing era and to meet the needs of the people of indonesia. amendment originally constitutes as law-based state on the structure of the state of the republic of indonesia prior to the amendment and after the amendment shall have an effect on the difference of meaning after expressly stating in article 1 paragraph 3 of the 1945 constitution stated that the state of indonesia is a legal state. in article 1 (2) the third amendments the republic of indonesia 1945 constitution states that: "sovereignty belongs to the people and carried out in accordance with the constitution". as a constitutional state, indonesia embraces a system of legal sovereignty or rule of law, that the law has the highest authority in the state, and the peculiarities of the rule of law can be seen in the practice of governing indonesia in the presence of free and impartial judicial powers and recognition of human rights, although in practice the operation is still not perfect and there is a lot of misappropriation of the characteristics of the legal state. given that the law covers almost every aspect of national and state life, it is essential to promote law development in line with community development so that the legal goals to be achieved in the form of a legal state can be achieved and the results can be perceived by all levels of society fairly and even without exception. references asshiddiqie, jimly, (2005), hukum acara pengujian undang-undang, jakarta: sekertariat jendral dan kepaniteraan mahkamah konstitusi ri. ------------(2005), model-model pengujian konstitusional di berbagai negara, jakarta: konstitusi press. ------------(2005),konstitusi dan konstitusionalisme indonesia. jakarta: konstitusi press. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 --------------(2005), mahkamah konstitusi dalam sistem ketatanegaraan indonesia, jakarta: mahkamah konstitusi republik indonesia. huda, ni’matul. (2003). politik ketatanegaraan indonesia (kajian terhadap dinamika perubahan uud 1945). yogyakarta: fh uii press. kansil, c.s.t. (1984). hukum tata negara republik indonesia. jakarta: bina aksara. ---------(1978), sistem pemerintahan indonesia. jakarta: pradnya paramita. kusnardi, moh dan ibrahim, harmaily. (1988). pengantar hukum tata negara indonesia. jakarta: pusat studi hukum tata negara fakultas hukum universitas indonesia dan cv sinar bhakti. mahfud md, moh. (1999). amandemen konstitusimenuju reformasi tata negara. yogyakarta: uii press. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. waluyo, bambang, (1991). implementasi kekuasaan kehakiman republik indonesia, (jakarta: sinar grafika, 1991), page.1-2 ------------(2000). dasar dan struktur ketatanegaraan indonesia (revision edision). jakarta: rineka cipta. siahaan, maruarar. (2005). hukum acara mahkamah konstitusi republik indonesia. jakarta: konstitusi press. legislation of the 1945 constitution of the state of the republic of indonesia result of the amendment yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 the validity of the decree of members of the regional house of representatives (dprd) as a credit guarantee for the bank jatim ita primaria lestari, moh. sale faculty of law, narotama university surabaya e-mail: itaprimaria08@gmail.com dan sale.nwa@gmail.com abstract loans are one of the main functions of banks in their operations by asking for the surrender of collateral, problems arise if the decree of appointment of dprd cannot be qualified as a collateral object. then the bank must base article 1b and 1c of the decree of the board of directors of bank indonesia n 23/69 / kep / dir on february 28, 1991, concerning credit provision guarantees stated that the bank's trust in the debtor's ability to repay the loan in accordance with what was promised. article 3 the decree stipulates that guarantees can be in the form of goods, projects or claim rights financed with credit, and other items, securities or risk guarantees added as additional collateral. 2) legal position of appointment of dprd member decree credit agreement at bank jatim is a binding guarantee (only as an authentic document that must be fulfilled), which arises because of the underlying agreement. keywords: decree, credit guarantee, bank 1. introduction summa theologiae (1265-1274), explains "aquinas characterizes the commune bonum as justice and peace of a well-ordered government especially referring to the preservation of certain forms of equality or proper relations among the people.1 peace is the right arrangement and there are no disputes and disputes. justice and peace are thus the conditions of the political community considered as a whole; a just and well-ordered community is the unity of order which is in good condition through politics,2 and the politics referred to are practical politics from the perspective of indonesia is the general election. direct general election or people's party requires high costs is an excess and not the main problem indirect elections3. at present many legislative members depart from entrepreneurs who have access to capital,4 and the problem of high costs in politics so far there has been no research results that suggest otherwise.5 high costs can be reduced if the mechanism of direct democracy is 1 dedeh maryani and ruth roselin e. nainggolan. pemberdayaan masyarakat. deepublish, yogyakarta: 2019, hal. 11 2 george duke. loc.cit, hal. 88 3 miftah thoha. ilmu administrasi publik kontemporer. kencana, jakarta: 2017, hal. 120 4 syamsuddin haris. pemilu langsung di tengah oligarki partai: proses nominasi dan seleksi calon legislatif pemilu 2004. gramedia pustaka utama, jakarta: 2005, hal. 233 5 miftah thoha. loc. cit, hal. 120 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 implemented more modern with sophisticated information technology.6 there is no political effort cost economical unless political institutions change systems and attitudes that only require low or no cost or prospective political officials are people with money at their own expense without expecting the disbursement of the state budget.7 money has become an important factor in politics. politics developed into a large industry. politics and political campaigns both for electing presidents, regional heads or legislators become increasingly expensive. money is used to help facilitate and strengthen the political messages of candidates to voters. money is also used to identify voters and target them for mobilization8. law of the republic of indonesia number 2 of 2008 jo. law of the republic of indonesia number 2 of 2011 concerning political parties described in election commission regulation (pkpu) no. 1/2013 legislative member election campaign every election participant must have a special election participant account registered with the general election commission (kpu). but in practice, candidates for legislative members (dpr) also finance their own campaign activities9, therefore legislative candidates do not rule out the possibility to access funding from banks or others or after obtaining a decree, continue to access banking funds. the law of the republic of indonesia number: 14 of 1967 concerning banking principles in article 24 paragraph (1) states that the bank does not give credit without collateral to anyone. the value and legality of the guarantee are legally bound, both in the form of a deed under the hand and an authentic deed must be sufficient to guarantee the credit facilities received.10 article 1 paragraph 2 of the law of the republic of indonesia number 10 of 1998 concerning banking (yustianti & roesli, 2018): states that a bank is a business entity that collects funds from the public in the form of deposits and distributes to the public in the form of credit and/or other forms in order to improve people's lives lots. based on this formulation, credit is a form of bank business activities in the context of channeling funds to the public.1112 the primary function of banks as provided by article 3 of the banking law is to collect and lend community funds including credit13 based on trust between 6 muhammad aqil irham. demokrasi muka dua. kepustakaan populer gramedia, jakarta, 2016, hal. 181 7 miftah thoha. loc. cit, hal. 120 8 rusthamrin haris akuba. presiden buatan manusia: memenangkan pemilihan presiden, pemilihan legislatif dan pemilihan kepala daerah dengan pemasaran politik. deepublish, yogyakarta, 2015. 9 rooseno, sh, m. hum. "penelitian hukum tentang akuntabilitas pendanaan partai politik dalam undang-undang nomor 2 tahun 2011." badan pembinaan hukum nasional kementerian hukum dan ham ri, jakarta, 2014, hal. 49 10 thomas suyatno. dasar-dasar perkreditan. gramedia pustaka utama, jakarta, 1988, hal. 88 11 bustari muktar. bank dan lembaga keuangan lain. prenada media, jakarta, 2016, hal. 80 12 imamul a & gina hw. membuka cakrawala ekonomi. pt. setia purna inves. bandung. 2007, hal. 151 13 m. bahsan, hukum jaminan dan jaminan kreditperbankan indonesia, rajawali pers, jakarta: 2007, hal. 4 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 73 providers of financial services (creditors) with service users (debtors) to sell or buy goods or pay loans on non-cash payments or deferred and paid in installments which then bring in credit for creditors and debts for debtors.14 lending and borrowing requires the surrender of debt guarantees by the borrower to the general lender 15 called a credit guarantee (collateral)16. the term legal guarantee is a translation of the terms security of law, zekerheid-stellling or zekerheidsrechten. in the big indonesian dictionary, it does not distinguish between the notions of collateral or collateral, which both have the meaning of "dependents". but in law no. 14 of 1967 and law no. 10 of 1998 distinguishes the understanding of the two terms. where in law no. 14 of 1967 more likely to use the term "guarantee" rather than collateral.17 guarantee perspective of the decree of the board of managing directors of bank indonesia number 23/69 / kep / dir dated february 28, 1991, namely a creditor's confidence, the bank's debtor's ability to repay loans as promised. the law guarantees material rights contain material rights (real right), while individual guarantees contain the principle of personal (personal right). guarantees are individual, or third party guarantees in the form of insurance (borgtocht). borgtocht is regulated in b.w. book iii chapter xvii articles 1820 to 1850.18 djumhana further specified two forms of guarantee, as follows:19 1) material guarantee (material), is this material guarantee relating to mortgages, mortgages, liabilities and fiduciary guarantees. 2) guarantee immaterial (individual), is related to the guarantor (borg), the responsibility and the guarantee agreement. "the importance of guarantees in a bank loan agreement is as one means of legal protection for bank security in overcoming risks, so that there is a legal certainty that the debtor customer will repay his loan. the concept of a guarantee law is the existence of a legal relationship between the debtor and the creditor in a loan agreement as a principal agreement and the existence of an object guarantee as an access agreement (additional agreement). in the legislation, the word guarantee is contained in article 1131 of the civil code and article 1132 of the civil code, and in the explanation of article 8 of law number 7 of 1992 and law number 10 of 1998 ".20 14 ylbhi, panduan bantuan hukum di indonesia, 75. yayasan obor indonesia, jakarta: 2014, hal. 88-89. 15 gregoryo terok. fungsi jaminan dalam pemberian kredit. lex privatum 1, no. 5 2013, hal. 5 16 ibid, hal. 6 17 jonaedi efendi, ismu gunadi widodo, and fifit fitri lutfianingsih. kamus istilah hukum populer: meliputi hukum perdata, hukum pidana, hukum administrasi & hukum tata negara, serta hukum internasional dilengkapi penjelasan dan dasar hukum. prenadamedia group, jakarta: 2016, hal. 41 18 sri mulyani. op.cit. hal. 572. 19 muhammad djumhana, hukum perbankan di indonesia, pt. citra aditya bakti, bandung, 2000, hal. 77 20 sri mulyani. op.cit. hal. 572. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 the bank receives a credit guarantee, considering two criteria21 first, marketable means that the guarantee is easy to sell or cashed to pay off debt, second, secured means that it can be legally bound legally, in accordance with the laws and regulations in law number 42 of 1999 concerning fiduciary guarantees. in this context the bank gives credit to the public, both those who have a non-permanent income, for example, entrepreneurs, traders and also gives credit to people who have a steady income, for example, employees, civil servants (pns) including members of the regional house of representatives (dprd).22 the bank accepts credit applications for dprd members by guaranteeing dprd decree23, although not a transferable object (which has a transfer value), but developments in banking practices see the economic side of the letter making it accepted as a credit guarantee, legal problems arise in the future when there are defaults such as the interim changes (paw), death, resigned, dismissed which ended his membership as dprd.24 bank problems arise because of difficulties in executing the dprd decree which cannot be executed directly. on this basis the authors are interested in conducting further research with the title of the study: "the validity of the decree of members of the regional people's representative council (dprd) as a credit guarantee for the bank of east java". the purpose of this article is: 1. describe and analyze the decree of appointment of members of the regional house of representatives as the object of the bank jatim credit guarantee. 2. describe and analyze the legal position of the decree on appointment of members of the regional house of representatives in the implementation of credit agreements at bank jatim. 2. research methods type of research this research is normative juridical25 does not contain data and analytic models 26 namely reviewing and analyzing legal materials and legal issues related to the problem under study”27 by 21 irma devita purnamasari, kiat-kiat cerdas, mudah dan bijak memahami masalah hukum jaminan perbankan, kaifa, bandung, 2011, hal. 19 22 ulfia hasanah, maryati bachtiar, and galuh dwi nugroho. kedudukan surat keputusan pengangkatan anggota dewan perwakilan rakyat daerah dalam pelaksanaan perjanjian kredit sebagai objek jaminan di bank riau. jurnal online mahasiswa fakultas hukum universitas riau, vol. 2, no. 2, oct. 2015, hal. 4 23 m. akbar. perlindungan hukum perjanjian kredit dengan jaminan surat keputusan pengangkatan anggota dewan perwakilan rakyat daerah kota medan (studi bank sumut pusat). tesis (tidak dipublikasikan) 2015, hal. 11 24 ulfia hasanah, maryati bachtiar, and galuh dwi nugroho. op.cit, hal. 4 25 h. purwosusilo. aspek hukum pengadaan barang dan jasa. prenada media, jakarta, 2017. hal. 56 26 süleyman uyar. contemporary approaches in businesses. ijopec publication, mar 15, 2019. hal. 60 27 supianto, hukum jaminan fidusia: prinsip publisitas pada jaminan fidusia. penerbit garudhawaca, jakarta. 2015. hal. 22 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 examining primary and secondary legal materials or library materials, which are focused on examining the application of the rules or norms in positive law28. "the research is trying to solve the problems that arise, while the results to be achieved are in the form of prescriptions about what should be done to overcome these problems. in academic work, the prescription is given in the form of suggestions or recommendations"29. from this description it is also included in qualitative research30. qualitative research is research that focuses more on the problem process and meaning/perception, where this research is expected to reveal a variety of qualitative information with careful and meaningful analysis-description, which also does not reject quantitative information in the form of numbers or quantities. in each object the tendencies, thought patterns, irregularities, as well as the appearance of behavior and its integration are seen in genetic case studies31. normative legal research functions to provide juridical arguments when there is emptiness, obscurity and norm conflicts. furthermore, this means that normative legal research has the role of maintaining critical aspects of legal science as a normative science that is sui generis. therefore, the theoretical basis used is the theoretical basis found in the level of normative/contemplative legal theory, while empirical legal research uses the theoretical foundation contained in empirical legal theory or theories contained in legal sociology32. problem approach legal research begins by searching for legal materials as a basis for making a legal decision (legal decision making) for concrete legal cases. legal research is also a scientific activity to provide reflection/assessment of legal decisions that have been made against legal cases that have occurred or will occur. in dynamic modern societies and increasingly complex societal structures, legal decisions are not merely based on normative considerations, but also take into account other non-legal factors33. the approach used in normative research will enable a researcher to utilize the findings of empirical law and other sciences for the sake of interest and legal analysis and explanation, without changing the character of law as a normative science34. legal research has several approaches that are used to obtain information from various aspects of the issue being sought for an answer. the 28 indra rahmatullah. aset hak kekayaan intelektual sebagai jaminan dalam perbankan. deepublish, yogyakarta, 2015. hal. 23 29 supianto. op cit. hal. 22 30 h. purwosusilo. op cit. hal. 56 31 ibid. hal. 56 32 i. made pasek diantha. metodologi penelitian hukum normatif dalam justifikasi teori hukum. prenada media, jakarta, 2016. hal. 12 33 jonaedi efendi and johnny ibrahim. metode penelitian hukum normatif dan empiris. jakarta: prenadamedia group. 2016. hal. 130 34 ibid. hal. 130 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 approach used in legal research is the statute approach, the case approach, the historical approach, the comparative approach, and the conceptual approach.35. the approach used in this research is the statute approach. the statute approach is carried out by examining all laws and regulations relating to the legal issues being addressed. types of legal materials the data examined in legal science research with empirical aspects are two types of data, namely primary data and secondary data. primary data is data sourced from field research that is data obtained directly from the first source in the field, both from respondents and informants36. the secondary data is a data sourced from library research that is the data obtained not directly from the first source, but sourced from data that has been documented in the form of legal materials37. legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials.383940: a. primary legal materials, including: 1) basic rules (1945 constitution of the republic of indonesia); 2) mpr stipulation; 3) legislation; a) stipulation of the mpr; b) government act / regulation in lieu of law; c) government regulations; d) presidential regulation; e) provincial regulations; and f) district / city regulations41. 4) unwritten laws such as customary law; and jurisprudence. b. secondary legal materials, including: 1) draft law; 2) research results; 3) opinions of legal experts, legal papers contained in mass media; and 4) law books (text book), legal journals. 35 peter mahmud marzuki. penelitian hukum: edisi revisi. prenada media, jakarta, 2017. hal. 133 36 i. made pasek diantha. op cit. hal. 192 37 ibid. hal. 192 38 jonaedi efendi and johnny ibrahim. op cit. hal. 173 39 i. made pasek diantha. op cit. hal. 192 40 antonius ps wibowo. penerapan hukum pidana dalam penanganan bullying di sekolah. jakarta: penerbit unika atma jaya, 2019. hal. 29 41 peter mahmud marzuki. loc cit. hal. 138 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 c. tertiary legal materials, including: 1) legal dictionary; 2) encyclopedia424344 methods of collection of legal materials in the context of collecting primary legal materials, to facilitate discussion of problems, primary legal materials are arranged or systematically identified by: 1. the gathering is based on the hierarchy of statutory regulations by starting to look for norms at the constitutional level, implementing regulations such as government regulations and local government regulations and others relating to central issues and research issues. searches like this are often called searches with the snowball system, meaning that they keep rolling from the highest rule to the lowest rule45. 2. it is important to note whether the rules still apply as positive law or not. this is intended so that researchers do not use rules that are no longer valid, especially in research that uses a statutory approach. if this happens, it will clearly illustrate the negligence or negligence of the researcher and at the same time will be used as a powerful factor to refute the accuracy of the researcher's argument46. 3. identification at the level of the law also needs to be sorted out which laws are classified as lex specialis or special laws and which are classified as legi generali or general law. likewise, the division of lex preori or old law and lex posteriori or new law, lex superior or higher law and lex inferior or lower legislation governing the same material. this sorting is useful in the future in order to apply the validity of legal adages, in order to ascertain which laws which norms have the force to apply from two laws that have the same material but are in a conflict situation47. 4. in addition to collecting laws and regulations on central issues, it is also necessary to collect legislation related to the central issue itself. because of the research's senteral issue concerning "legal certainty in the position of international treaties which have been ratified in the national law perspective of the law of the republic of indonesia number 12 of 2011 regarding the formation of legislation", it is also necessary to look for other relevant laws, in addition to the laws principal regarding the formation of laws and regulations. secondary legal material collection namely materials that are closely related to primary legal materials and can help analyze and understand primary legal materials such as books, 42 jonaedi efendi and johnny ibrahim. op cit. hal. 173 43 i. made pasek diantha. op cit. hal. 192 44 antonius ps wibowo. op.cit. hal. 29 45 i. made pasek diantha. op cit. hal. 150 46 ibid. hal. 150 47 ibid. hal. 150 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 research results, scientific journals, legal journals, legal magazines, scientific articles, sema, perma, and papers seminar results related to research material48. methods of processing legal materials primary legal materials and secondary legal materials are processed by sorting materials that have relevance to the issues discussed. then the materials are selected, analyzed, and grouped according to the sub-sections that are directed to describe the answers to the problems that are the object of this study.49. the steps taken include: a. legal material inventory; b. legal material identification; c. systematizing legal materials; d. legal material analysis; c. design and writing 50. the series of stages begins with an inventory and identification of relevant sources of legal materials (primary and secondary). the next step is to systematize all existing legal materials. this systematization process is also applied to the principles of law, theories, concepts, doctrines, and other reference materials. the series of stages is intended to facilitate the assessment of research problems. through this series of stages it is expected to be able to provide recommendations that support the need for reinterpretation and reorientation of understanding of the principles of contract law that reflect equality for the parties51. analysis of legal materials the legal material analysis method used is a qualitative juridical analysis that is by collecting and gathering materials, then arranged in a particular framework, then analyzed according to the means of analysis by interpreting the law, legal construction, and legal arguments52. while the analysis of secondary legal materials, in the form of theories about the law in general, including legal materials derived from encyclopedias and public dictionaries and legal dictionaries will be combined with the results of the analysis of primary legal materials earlier, so that a description which contains the answer to the formulation of the problem raised in this paper. 48 hono sejati. rekonstruksi pemeriksaan perkara di pengadilan hubungan industrial berbasis nilai cepat, adil, dan murah. citra aditya bakti, yogyakarta, 2018. hal. 65 49 kalimatul jumroh dan ade kosasih. pengembalian aset negara dari pelaku tindak pidana korupsi (studi undang-undang tentang pemberantasan korupsi dan united nation convention against corruption 2003). cv. zigie utama, bengkulu. 2019. hal. 38 50 agus yudha hernoko. hukum perjanjian. prenada media, jakarta, 2019. hal. 43 51 ibid. hal. 43 52 kalimatul jumroh dan ade kosasih. op cit. hal. 39 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 3. discussion 1. decree on the appointment of members of the regional house of representatives as the object of guarantee for bank credit. in general, bank credit guarantees can be grouped into three groups, namely movable goods, immovable property, and individual guarantees (debt security). based on the provisions of law no. 42 of 1999, movable goods consist of tangible and intangible. each credit guarantee group consists of various types and names which are sometimes difficult to be explicitly specified. movable property in the form of tangible goods, for example, are of many types, although they can still be divided into several subgroups, including jewelry, securities, motor vehicles, household equipment, office equipment, heavy equipment, sea and river transportation, transportation equipment air, inventory, merchandise and so on. immovable property can be in the form of land and objects related (attached) to land such as dwellings, office buildings, warehouses, hotels, and so on. intangible goods can be in the form of bills, receivables, and the like (but for letters that have prices, it may still need to be confirmed whether included as tangible goods or intangible goods such as savings and current account balances that should be distinguished from billet deposits or certificates of deposit). meanwhile, debt insurance can be in the form of a personal guarantee (personal guaranty) and a company guarantee (company/corporate/guaranty). some of the credit guarantee objects as mentioned above are regulated or related to a statutory regulation in force. an example is a land, which is regulated by law no. 5 of 1992, aircraft are governed by law no. 5 of 1960.53 decree of the board of managing directors of bank indonesia n 23/69 / kep / dir dated february 28, 1991, concerning credit provision, article 2, stipulates that banks are not permitted to extend credit to anyone without guaranteeing credit extension as referred to in article 1b. what is meant by guaranteeing the granting of credit in article 1b, is the bank's confidence in the ability of the debtor to pay off the loan in accordance with the agreement. the guarantee of credit is obtained by the bank through a careful assessment of the character, ability, capital, collateral, and business prospects of the debtor. whereas what is meant by collateral in article 1c sk above, is guarantee material, securities, risk guarantees provided by the debtor to cover repayment of a credit if the debtor cannot repay the loan in accordance with the agreement. article 3 of the decree above stipulates that collateral can be in the form of goods, projects or claim rights financed with the credit concerned, and other goods, securities or risk guarantees are added as additional collateral.54 linking the provisions of the rules and regulations governing a credit guarantee object is to 53 gregoryo terok. op.cit, hal. 8 54 thomas suyatno. op.cit. hal. 27 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 clarify the type so that the bank can consider it in accordance with its policy regarding the types of credit guarantee objects that can be received. clarity on the types of credit guarantee objects, among others, is also required for the possibility of binding in accordance with the applicable guarantee institutions. for each object of credit guarantee submitted by the debtor, an assessment is made by the bank that receives it legally and economically.55 guarantee in granting credit according to article 2 paragraph (1) decree of the board of managing directors of bank indonesia number 23/69 / kep / dir dated february 28, 1991, concerning credit provision, namely the bank's confidence in the debtor's ability to repay loans in accordance with the agreement. a binding guarantee is an accecoir, that is, an accecoir agreement arises (occurs) due to an underlying agreement, namely a credit agreement made between the debtor and the creditor concerned.56 guarantee according to act number 7 of 1992 as amended by act number 10 of 1998 concerning banking means that a guarantee is a belief in the intention and ability and ability of the debtor's customers to repay their debts or return the financing referred to as agreed. the use of the guarantee material is to: 1. giving the right and power to the creditor to get repayment from the collateral if the debtor breaks the promise, namely to repay the debt at the time specified in the agreement. 2. ensuring that the debtor participates in transactions to finance his business so that the possibility to leave the business or project at the expense of himself or his company can be prevented or at least the possibility to do so can be minimized. 3. give encouragement to the debtor to fulfill his promises, especially regarding repayment in accordance with the agreed conditions so that the debtor and/or third parties who take part in guarantees not losing the guaranteed glory.57 a credit agreement with dprd decree guarantees there is no accompanying guarantee institution. because according to the civil code it cannot be classified as objects, namely movable, intangible and tangible and immovable property (also objects/goods are if goods whose ownership rights can be transferred to the ownership and have value, and also in the provisions of the mortgage rights act constitutes a binding of guarantees to immovable property in the form of land or objects related to the land concerned so that in granting credit there is no requirement to bind guarantees in a separate deed, as can be done for guaranteed material for the mortgage, mortgage, fiduciary rights or cassie accounts receivable. 2. legal status of the decree on appointment of members of the regional house of 55 gregoryo terok. op.cit, hal. 8 56 m. bahsan, op.cit, hal. 133 57 ulfia hasanah, maryati bachtiar, and galuh dwi nugroho. op.cit, hal. 9 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 representatives in the implementation of credit agreements at bank jatim decree of appointment of members of the dprd, cannot be categorized as objects in the object of guarantee, because from the understanding of good objects regulated in book ii of the civil code in terms of material concepts explain that objects include tangible and intangible goods which contain provisions concerning objects which include goods and rights. objects are property objects. rights can also be property objects, therefore objects and rights are property objects. in juridical sense, things are things that belong to objects. all objects in the legal sense can be traded, can be transferred to other parties and can be inherited.58 the implementation of a credit agreement at bank jatim that uses a guarantee in the form of a dprd decree considers the principle of lending. the form of a credit agreement for granting credit facilities with a dprd decree is a credit agreement that uses a standardized form. a standard agreement is an agreement in which all clauses have been standardized, and the other party basically has no chance to negotiate or request changes to the contents of the clause in the agreement. dprd decree as a guarantee is authentic proof of the requirements that must be fulfilled by the debtor, in the application for a credit application for multi-purpose credit (kag). from the dprd decree it is explained that the debtor is a true dprd member at the dprd office where the debtor works. where the provisions regarding this matter have been regulated by the leadership of the bank of east java with the head of the relevant agency authorized to represent and act for and on behalf of the debtor at the agency concerned. as a step to secure credit, the payment of salaries from the debtor is preferred through the bank of east java. because the loan agreement only uses the original guarantee in the form of dprd and debtor decree without additional guarantees or collateral as determined by bank jatim. this credit agreement also applies to the provisions of articles 1131 and 1132 of the civil code, namely that all movable and immovable property of the borrower, both existing and new will in the future become a guarantee for all debt obligations arising under this agreement. the position of the dprd decree in this credit agreement can be analyzed is only a condition that must be fulfilled by the debtor as an authentic document and not as a principal or additional collateral, because the bank in terms of the guarantee clause (collateral) in the provision of credit facilities based on elements of credit provision namely in the form of elements of trust, grace period, degree of risk, and achievement. because the dprd decree guarantee is nontransferable, it provides a weakness for the bank if the debtor defaults on the default due to certain reasons so that the bank, in this case, anticipates by carrying out credit disbursement insurance. 58 abdul kadir muhammad, hukum perikatan, citra aditya bakti, jakarta. 1992, yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 4. conclusion 1. decree on appointment of members of the regional house of representatives as an object of guarantee for bank jatim credit based on article 1b and 1c of the decree of the board of directors of bank indonesia n 23/69 / kep / dir dated february 28, 1991, concerning credit provision, stating that the bank's confidence in the ability the debtor to pay off the credit in accordance with the agreement. the guarantee of credit is obtained by the bank through a careful assessment of the character, ability, capital, collateral, and business prospects of the debtor. whereas what is meant by collateral in article 1c sk above, is guarantee material, securities, risk guarantees provided by the debtor to cover repayment of a credit if the debtor cannot repay the loan in accordance with the agreement. article 3 of the decree above, further stipulates that collateral can be in the form of goods, projects or claim rights financed with the credit concerned, and other goods, securities or risk guarantees added as additional collateral. 2. legal status of the decree on appointment of members of the regional house of representatives in the implementation of a credit agreement at bank jatim is the binding of an accreditation guarantee (only as an authentic document that must be fulfilled), which arises (occurs) because of the underlying principle agreement, namely the credit agreement which is made between the debtor and the creditor concerned. references akuba, rusthamrin haris. 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(2017). aspek hukum pengadaan barang dan jasa. prenada media, jakarta. haris, syamsuddin.(2005). pemilu langsung di tengah oligarki partai: proses nominasi dan seleksi calon legislatif pemilu 2004. gramedia pustaka utama, jakarta. hernoko, agus yudha.(2019). hukum perjanjian. prenada media, jakarta. hasanah, ulfia, maryati bachtiar, and galuh dwi nugroho.(2015). kedudukan surat keputusan pengangkatan anggota dewan perwakilan rakyat daerah dalam pelaksanaan perjanjian kredit sebagai objek guarantee di bank riau. jurnal online mahasiswa fakultas hukum universitas riau, vol. 2, no. 2, oct. imamul a, gina hw.(2007). membuka cakrawala ekonomi. pt. setia purna inves. bandung. irham, muhammad aqil. 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(2019). contemporary approaches in businesses. ijopec publication, mar 15. surat keputusan direksi bank indonesia nomor 23/69/kep/dir tanggal 28 februari 1991 tentang guarantee pemberian kredit. undang-undang dasar negara republik indonesia tahun 1945 undang-undang republik indonesia nomor: 14 tahun 1967 tentang pokok-pokok perbankan undang-undang nomor 7 tahun 1992 tentang perbankan undang-undang republik indonesia nomor 10 tahun 1998 tentang perbankan undang nomor 42 tahun 1999 tentang guarantee fidusia undang-undang nomor 32 tahun 2004 tentang pemerintahan daerah, lembaran negara republik indonesia tahun 2004 nomor 125 undang-undang nomor 4 tahun 1999 tentang hak tanggungan undang-undang republik indonesia nomor 2 tahun 2011 tentang perubahan atas undangundang nomor 2 tahun 2008 tentang partai politik wibowo, antonius ps, (2019). penerapan hukum pidana dalam penanganan bullying di sekolah. penerbit unika atma jaya, jakarta. ylbhi, panduan bantuan hukum di indonesia, 75. yayasan obor indonesia, jakarta: 2014. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 notary responsibilities of protocol holders toward a copy of minuta due which has not signed complete james pala joewono, nynda fatmawati octarina faculty of law, narotama university surabaya e-mail: jamespala009@gmail.com abstract responsibilities of the notary protocol holder for copies of the minutes of deed that have not been signed in complete. this study aims to determine the actions of the protocol holder notary public if there is a request for a copy of the minutes of the deed whose incomplete signature and legal consequences if the notary holder of the protocol provides a copy of the minutary deed whose incomplete signature . this study uses normative juridical law research and is equipped with several approaches, namely the statutory approach, conceptual approach and historical approach. public notary is a public official who is authorized to make an authentic deed and has other authority as referred to in law number 2 of 2014 concerning amendment to law number 30 of 2004 concerning notary position. when the authority is given then the responsibility will be attached to the notary for the transfer of the protocol, including to the notary recipient of the notary protocol and it is incumbent upon the notary to provide a copy of the minutes of deed when someone comes to request the copy and in fact there are also found the minutes of the deed not signed completely. based on this, the problem arises regarding the first, what is the action of the protocol holder notary public if there is a request for a copy of the minutes of deed that has not yet completed the signature? second, the legal consequences if the notary of the protocol holder gives a copy of the minutes of deed whose incomplete signature. the results found in this study are that the notary public does not need to issue a request for a copy of the minutes whose signature is not complete at the request of anyone, and the public notary can make a statement that the minutes of the deed requested by the parties are incomplete or incomplete signed by the parties. keywords: notary public, notary protocol, minutes deed 1. introduction notary public is an official authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws. the notary definition has been mentioned in article 1 of law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary position. the position of the notary public official, in the sense that the authority of the notary has never been given to other officials, with the understanding that as long as the authority is not the authority of other officials (rudianto & roesli, 2019). in accordance with these provisions, the notary public is the only official authorized to make an authentic deed regarding all deeds, agreements and stipulations required by a general regulation or by the interested parties to be stated in an authentic deed, all as long as the making of the deed by a general rule is also not assigned or excluded to other officials or people. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 in the civil code itself, based on article 1868 it has been explained that an authentic deed is a deed made in the form determined by the act by or in the presence of a public official authorized for that place where the deed was made. authentic deed referred to as the authority of a notary is made in the form determined by the law and made before him notary is useful for people who need a deed such as a deed of establishment of a limited liability company, a will, a power of attorney, and so forth. the presence of a notary public is a need and response to the public's desire for legal certainty for each agreement he does, especially agreements relating to buying and selling, leasing and so on. written agreements made before a notary are called a deed. according to article 1 number 7 uujnp stipulates that: "notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in this law." the purpose of making written agreements made before the notary is that the deed be an authentic deed that can be used as strong evidence if there is a dispute between the parties or there is a lawsuit from another party. authentic deed provides binding and perfect evidence to the parties (and their heirs) or those who obtain the rights from these parties, this is in accordance with the provisions of article 1870 of the civil code which reads as follows: "for the interested parties and experts the inheritance or those who get the rights from them, an authentic deed provides a perfect proof of what is contained therein ". the power inherent in authentic deed is perfect (volledig bewijskracht) and binding (bindende bewijskracht), which means that if the authentic deed evidence is submitted fulfilling the formal and material requirements and the opposing evidence presented by the defendant does not diminish its existence, it is itself attached to the strength of a perfect and binding evidence (volledig en bindende bewijskracht), thus the correctness of the contents and statements written therein shall be perfect and will be binding on all parties regarding what is written on the deed. perfect and binding on the judge so the judge must make it as a perfect and sufficient factual basis to be able to make a decision on the settlement of the dispute. as a public official (openbaar ambtenaar) the notary is authorized to make an authentic deed. in connection with this authority, the notary may be liable for his actions / work in making an authentic deed. the responsibilities of the notary public official include the responsibilities of the notary public itself relating to the deed. in connection with this authority, a notary may be liable for his actions / work in making authentic deeds. the responsibility of a notary public as a general officer includes the responsibilities of the notary profession itself related to the deed, including: first, the notary's civil liability for the deed he made. the responsibility in this case is the responsibility for the material truth of the deed, in the construction of acts against the law , what is meant by acts against the law here in the sense of active or passive nature. active here in yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 the sense of doing something that causes harm to other parties. whereas what is meant by passivity, in the sense of not doing an act which is a must, resulting in other parties suffering losses. so the elements of acts against the law here are acts against the law, an error and a loss caused. historically the main task and authority of the notary is to make an authentic deed both the official deed and the party deed in the form of a minuta deed, except for certain deeds and if there is a direct request from an interested party, the notary can also make a deed in the form of in originali. minutes of deed are original deeds that are stored and are part of the notary protocol and from the minutta deeds saved this notary is authorized to issue copies, quotations, and grosse deeds, while for deed in originali is the original deed given to the parties directly interested in the deed and this deed in originali is not kept by a notary in the notary protocol. so for the deed in origin, the notary may not issue a copy, quote and gross of the deed. what is meant by minuta (ninit) is the original certificate signed by the parties, witnesses and notary and kept in the notary archive. so it's not a copy (derivative) or quote and also not a grosse deed. 1 quotations can also be referred to as derivatives of part of words, so it is an incomplete derivative. this quote is taken from a part of the minutes of deed, the quotation is done in accordance with the request of the party concerned, in the sense of which part should be quoted. in the deed and the end of the deed must still exist. quotations from the minutes of deed are placed on the contents of the deed, and at the end of the deed it is written as a quote. 2 of all the deeds made in the form of minutes of the deed, the notary is authorized and at the same time obliged to issue a copy, quote, grose deed and show or inform the contents of the deed to those directly interested in the deed. notary public is a public official who is authorized to make an authentic deed and has other authority as referred to in law number 2 of 2014 concerning amendment to law number 30 of 2004 concerning notary position. when the authority is given then the responsibility will be attached to the notary on the transfer of the protocol, including to the notary recipient of the notary protocol and it is incumbent upon the notary to provide a copy of the deed minutes if someone comes to request the copy and in fact there are also found several minutas deed that has not been signed in full by the parties who were present and should have signed it. based on the background of the problem outlined above, two problem formulations are determined, as follows: 1 r.soegondo notodisoerjo, hukum notariat di indonesia ( suatu penjelasan ) , cetakan pertama, raja grafindo persada, jakarta , 1993, hlm. 176. 2 habib adjie. hukum notaris indonesia ( tafsir tematik terhadap uu no. 30 tahun 2004 tentang jabatan notaris ), cetakan pertama , refika aditama, bandung, 2008, hlm. 11. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 1. what is the action of the notary of the protocol holder if there is a request for a copy of the minutes of deed that is incomplete signature 2. legal consequences if the notary of the protocol holder provides a copy of the minute of the deed incomplete signature. 2. research method the method used is the normative legal research method. legal research in english is called legal research or in dutch language rechtsonderzoek. 3 legal research is conducted to find solutions to legal issues that arise, namely to provide prescriptions4 about what should be the issue raised5 legal research is also as a process to find the rule of law, legal principles, and legal doctrines in order to deal with the legal issues encountered. 6 this research was conducted using the type of normative legal research, namely legal research conducted by examining literature material (secondary data) that includes research on legal principles, legal systematics and other legal materials that are related as well as analyzing laws and regulations so that the writer can solve the problem formulation in this research. 3. sources of law materials source of legal materials used in this study are primary legal materials and secondary legal materials, such as: a. primary legal materials primary legal materials in the form of related legislation, namely: 1. the constitution of the unitary state of the republic of indonesia in 1945. 2. the civil code (civil code) 3. law no. 30 of 2004 concerning the position of notaryno. 4. law2 of 2014 concerning amendment to law no. 30 of 2004 concerning the position of notary public. b. secondary legal material secondary legal material in the form of all legal publications which are official documents. secondary legal material is also often referred to as library data which includes literature, text books, 3 dyah ochtorina susanti dan a’an efendi, penelitian hukum (legal research), sinar grafika, jakarta, 2014, h. 1. 4 preskripsi berarti apa yang diharuskan, lihat tim redaksi tesaurus bahasa indonesia pusat bahasa , tesaurus bahasa indonesia pusat bahasa, pusat bahasa departemen pendidikan nasional , 2008, h. 1213. 5 ibid. 6 ibid., h.3 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 legal dictionaries, legal journals and articles related to the issues discussed, whether originating from magazines, newspapers or online media and relating to the object of research for the next systematically arranged based on the subjects in this study. 4. discussion what is the action of the notary of the protocol holder if there is a request for a copy of the minuta whose signature is incomplete in carrying out their position, the notary or substitute notary makes a deed in the form of a deed of minutes and saves it as a notary protocol. the notary protocol itself based on article 1 letter 13 of the uujn is a collection of documents that constitute the state archives which must be kept and maintained by a notary public. here, the notary protocol holder has the authority and responsibility for the deed. in article 16 paragraph 1 letter b the notary has an obligation to make the deed in the form of a deed of minutes and keep it as part of the deed protocol. however, in the case of a notary making a deed in the originali form it does not apply, this is in accordance with the provisions of article 16 paragraph 2 of the uujn. the notary protocol according to the explanation of article 62 of law number 30 year 2004 concerning the position of notary, consists of: a. minutes deed; b. register book of deeds or repertory; c. book list of deeds under the hand for which the signature is done 1. before a notary or deed under the hand that is registered; d. the register of tappers or klapper names; e. protest list book; f. will list; and g. other register books that must be kept by a notary based on the provisions of the legislation. the notary is obliged and primarily responsible for the making of an authentic deed, then saves the minutes of the deed including all notary protocols and grants, copies and citation of the deed. in this case the notary as the depositary of the protocol and in accordance with article 54 of the uujn notary can only provide, show, or notify the contents of the deed, grosse deed, copy of deed or quotation of deed, to persons with direct interest in the deed, heirs, or people who have rights , unless otherwise specified by law. meanwhile, if there is a dismissal of a notary or notary who has retired (retired), then there are things that need to be considered in the dismissal of the notary that is related to the notary protocol, because the protocol is a state document that must be kept and maintained by a notary and for continuity providing notary services. article 65 of the uujn has stated that notaries, yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 notary substitutes, and temporary notary officers are responsible for any deed that is made even though the notary protocol has been submitted or transferred to the depositor of the notary protocol. as the holder of the notary protocol, both the notary, the substitute notary, and the acting notary public are responsible for storing the notary protocol in the place of storage. regarding the place of storage, the law not only regulates the way it is stored, but also regulates the place of storage. the place of storage must be easily accessible and safe, the place of storage must also be locked. 7 when the responsibility and authority are given, the responsibility will be attached to the notary for the transfer of the protocol, including the notary recipient of the notary protocol and it is incumbent upon the notary to provide a copy of the minutes of the deed if someone comes to request the copy and in fact there is also found minuta deed that has not been signed in full, while the party requesting the copy still wants the copy to be issued. if the notary public encounters a problem like this, it should not be necessary to issue a copy at the request of anyone, but the notary is sufficient to make a statement that the minutes of the deed requested the copy are incomplete or incomplete signed by the parties. if the copy holder insists on requesting a copy now from the protocol holder notary even though the minutes do not have a complete signature, it is better to advise the person concerned to submit an application to the district court so that the copy is confirmed by the parties themselves before the district court hearing. legal consequences if the notary holder of the protocol provides a copy of the incomplete minuta whose signature is incomplete the provisions of article 1868 of the civil code emphasize that: "an authentic deed is a deed that is in the form determined by the law, made by or in front of public officials in charge for it in the place where the deed was made". specifically stipulated in the provision of article 1 number (7) uujn that: "notary deed is an authentic deed made by or before a notary according to the form and procedure stipulated by this law". the protocol notary holder in providing a copy of the minutes that is known to have not yet completed the signatures of both the parties, the witnesses and the notary public, if questioned about the legal consequences can be categorized as a forged deed, because the deed itself is a document as evidence which is given a signature containing the event that became the event the basis of a right or engagement that was intentionally made in the beginning for proof. so to be classified in terms of the deed, the letter must be signed and the obligation to sign the letter to be 7 a. andi prajitno, pengetahuan praktis tentang apa dan siapa notaris di indonesia, (surabaya: perwira media nusantara, 2015), hal. 62 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 referred to as a deed comes from article 1869 of the civil code that: "a deed that cannot be treated as an authentic deed, either because it is not authorized or incompetent the general official concerned or because of a defect in its form, has the power of writing under the hand if not signed by the parties ". the necessity for a signature is nothing but to distinguish one deed from another or from another deed and the function of the signature is to characterize or to individualize a deed. reading the deed up to the signing is a unity of the inauguration of the deed as a legal document, where before the deed is signed, the deed is read in front of the parties concerned and witnesses, in order to convey the truth of the contents of the deed in accordance with the wishes of the parties . if the notary holder fails to provide a copy of a minuta whose signature is incomplete and in fact there is a party who questions it, then it is categorized as an act of falsifying an authentic deed so that the deed is null and void by law with the consequence that the notary holder of the protocol can be criminally prosecuted. with article 264 of the criminal code for forgery of an authentic deed and can also be sued in civil law accompanied by claims for compensation. 5. conclusion actions of the protocol notary public if there is a request for a copy of the minutes whose signature is incomplete ,then the notary holder of the protocol should not need to issue a copy at the request of anyone, but the notary can make a statement that the minutes of the deed requested the copy is incomplete or incomplete signed by the parties. if the copy holder insists on requesting a copy now from the protocol holder notary even though the minutes do not have a complete signature, it is better to advise the person concerned to submit an application to the district court so that the copy is confirmed by the parties themselves before the district court hearing. legal consequences if the notary holder of protocol provides a copy of the minutes whose incomplete signature , if disputed, can be categorized as authentic deed, so that the deed is null and void by law and the notary may be criminally prosecuted under article 264 of the criminal code due to the falsification of authentic deeds and can also be sued in civil law accompanied by claims for compensation. references a. andi prajitno. (2015). practical knowledge about what and who is a notary in indonesia, (surabaya: media nusantara officer). dyah ochtorina susanti and a'an efendi,(2014). legal research, sinar grafika. habib adjie.(2008). indonesian notary law (thematic interpretation of law no. 30 year 2004 concerning notary position), first printing, refika aditama, bandung. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 nuzulla khairani,(2011). thesis: juridical analysis of notary responsibility for notary protocol submitted to him, (depok: fh ui). r.soegondo notodisoerjo,(1993). notarial law in indonesia (an explanation), first matter, raja grafindo persada, jakarta. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 128 procurement of health services in the emergency of covid 19 mashudy hermawan faculty of law, mayjen sungkono university mojokerto e-mail: falakhyustisia@gmail.com abstract the period of the covid 19 pandemic made the central and regional governments work harder while still paying attention to the principles of good government governance. with the aim of saving the people from the covid 19 virus, the government is implementing health programs, one of which is the provision of health and support facilities. it is necessary to apply the prudence of law in the process of procurement to avoid things that are against the applicable law. the purpose of this study is to examine the procurement during the covid 19 pandemic. this research method uses a normative juridical method with a conceptual and statutory approach. conclusion of research on the procurement of goods and services is a legal instrument to support public service activities, during the emergency of covid 19, players in the procurement of medical devices / health support goods are encouraged to use legal aid if the price offered by the provider soars keywords: covid 19, procurement, good government 1. introduction procurement of goods and services (pbj) is important in government activities to serve public needs. the procedure of procurement are regulated to make procurement contracts. during the era of president joko widodo, he provided flexibility in the procurement to msmes for economic equality. the activity of procurement can lead to a crime if the perpetrator and provider violate the law that regulates matters that are contrary to the rules for procurement. it is hoped that internal and external supervision will provide a sense of security for procurement actors to work in their fields and provide opportunities for other business actors to obtain tenders from the government. in indonesia, there are often social problems and natural disasters that cause emergencies. one of the emergencies such as the disease outbreak in 2020, namely covid 19, is very disturbing for the community and government. during the covid 19 pandemic it had an impact on all aspects, especially on the health aspect. problems in the field that often occur, such as a lack of medical equipment, personal protective equipment, support facilities and health workers in the context of handling covid 19 have triggered sudden needs. in the process of procurement, sometimes the number of products and distribution of health goods is constrained, causing the price of goods to soar. regulations regarding the handling of the procurement of emergency services regulated in lkpp regulation number 13 of 2018 concerning procurement of goods / services in an emergency, regulation of lkpp number 3 of 2020 concerning explanation of the implementation of procurement of service goods in the context of handling corona virus desease and presidential regulation no 16 years 2018 and presidential instruction no. 4 of 2020. the purpose of this study is http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 129 to contribute ideas for students, business people, actors in the procurement. the issues of this study are procurement to support the continuity of public service activities for the procurement of goods and services in the health sector during the covid 19 pandemy and procedure of procurement during covid 19. 2. research methods this type legal research is normative legal research, which is a process to find legal rules, principles of law, and legal doctrines to answer legal issues (peter mahmud marzuki, legal research, 2011). researchers use the normative legal research, because this research is to find coherence between issues and legal principles, doctrine and whether one's actions are in accordance with legal norms or legal principles (peter mahmud marzuki, revised edition of legal research, 2014) as this research is to find.in this study, researchers used a problem approach method, namely, a statutory approach, a conceptual approach. the statute approach to finding about regulation are related to the legal issue being handled. [1] statute approach is finding the procurement law , doctrine, principle too. in this study based on lkpp regulation number 13/2018 about law of procurement for emergency, lkpp reg number 3 of 2020 contain implementation of the procurement of service goods in the context of handling the corona virus desease and goverment regulation no. 16 of 2018 and presidential instruction no. 4 of 2020. the conceptual approach based on doctrines to developed in the science of law. studying review and doctrines in legal science, researchers will find ideas that give birth to legal doctrine, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, new concepts will be found in accordance with the objectives of this study. in this study, the theories and concepts used include the concept of code of ethics and the concept of responsibility and accountability. in this study, researchers used legal material sources, including. primary legal are used authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. primary laws to be used in this research include lkpp regulation number 13 of 2018 concerning procurement of goods / services in an emergency, lkpp circular number 3 of 2020 contain of regulation of implementation procurement during corona virus desease and presidential regulation no 16 years 2018 and presidential instruction no. 4 of 2020. secondary legal materials are in the form of all legal publications that are not official documents. publications on law include text books, legal dictionaries, legal journals, and commentaries on court decisions. in this research, secondary legal materials used include: books in the field of law, papers, articles, and theses. http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 130 3. discussion procurement to support the continuity of public service in the health sector during the covid 19 emergency procurement is a important activities in indonesian goverment. the goverment cannot be separated from the procurement. fulfilling thing of procurement is an important part that cannot be separated in government administration. the availability of goods and services is part of the government's duties and responsibilities in an effort to meet the people's needs, as well as the needs of the government in running the government. (h, purwosusilo, legal aspects of the procurement, 2014. the term procurement is broadly defined, including an explanation of the stages of preparation, determination and implementation or administration of tenders for the procurement, scope of work or other services. procurement is also not only limited to selecting project partners withpurchasingor official agreements for both parties, but includes the entire process from the start of planning, preparation, licensing, determining the winner of the tender to the implementation stage and administrative processes in procument, jobs or services such as technical consulting services, financial consulting services, legal consulting services or other services.2 government procurement has the objective of obtaining goods and services at an accountable price in an appropriate quantity and quality and on time. adhi ardian kustiadi, handbook for preventing corruption in the procurement s, 2006.). regulations regarding the procurement are regulated in presidential regulation of the republic of indonesia number 16 /2018 about government procurement. perpres revokes several previous laws and regulations, including: a. presidential regulation number 54 of 2010 concerning government procurement b. presidential regulation number 70 of 2012 concerning second amendment to presidential regulation number 54 of 2010 concerning procurement c. presidential regulation number 172 of 2014 concerning third amendment to presidential regulation number 54 of 2010 regarding government procurement d. presidential regulation number 4 of 2015 regarding the fourth amendment to presidential regulation number 54 of 2010 concerning government procurement concept of procurement according to the presidential decree the procurement is an activity of procuring thing / services by the ministry / institution / regional apparatus financed by apbn / apbd, the process starts from identification of needs to the handover of work results. the scope of activities for the procurement according to article 3 in this presidential regulation includes: a. goods; b. construction work; c. consulting services; and http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 131 d. other services. furthermore, the method or way for the government to carry out the procurement of goods / services as referred to in paragraph (1) is through: a. self-management; and / or b. provider. a statutory regulation has the objective of establishing as in article 4 of the presidential decree for the procurement / pbj which includes: a. the right goods / services for every money spent, measured in terms of quality, quantity, time, cost, location, and provider; b. increasing the use of domestic products; c. increasing the participation of micro, small and medium enterprises; d. increasing the role of national business actors; e. support the implementation of research and utilization of research results / services; f. increase participation in creative industries; g. economic equity; and h. encourage sustainable procurement. in the process of procurement, the government and business actors are expected to pay attention to legal principles and statutory regulations. article 6 perpres pjb for the procurement applies the following principles: a. efficient; b. effective; c. transparent; d. open; e. compete; f. fair; and g. accountable. the process of procurement involves public officials and business actors, referring to article 8 of the pbj presidential decree that the goods / services procurement actors consist of: 1. pa; 2. kpa; 3. ppk; 4. procurement officer; 5. election working group; 6. procurement agent; 7. pjphp / pphp; 8. self-management operators; and http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 132 9. providers. a country is never free from a state of emergency, the pbj decree accommodates of procurement during an emergency to guarantee the rights of citizens to obtain protection from the government. with due observance of the legal principles in the pbj presidential decree which is then stated in article 59 of the pbj presidential decree, it states that: (1) handling of emergencies is carried out for the safety / protection of the community or indonesian citizens who are in the country and / or abroad whose implementation cannot be postponed and must be done immediately. (2) the emergency includes: a. natural disasters, non-natural disasters, and / or social disasters; b. conducting search and rescue operations; c. damage to facilities / infrastructure that can interfere with public service activities; d. natural disasters, non-natural disasters, social disasters, development of political and security situations abroad, and / or the enactment of foreign government policies which have a direct impact on the safety and order of indonesian citizens abroad; and / or e. providing humanitarian assistance to other countries affected by disasters. (3) determination of the emergency as referred to in paragraph (2) letter a shall be carried out in accordance with the provisions of statutory regulations. (4) the emergency as referred to in paragraph (2) letter a includes emergency alert, emergency response and emergency transition to recovery.(5) for the handling of the emergency as referred to in paragraph (2), ppk appoints the closest provider who is carrying out the procurement of similar goods / services or other business actors who are deemed capable and meet the qualifications to carry out the procurement of similar goods / services. (6) handling of an emergency can be carried out by means of the use of permanent construction, in the event that the delivery of permanent work is still within the emergency period. (7) handling of emergencies which can only be overcome by permanent construction, completion of work can pass through the emergency period. judging from the description in the provisions above, it needs to be emphasized that the procurement of goods and services during an emergency can be carried out while still paying attention to legal principles and related legal regulations. procurement of goods and services carried out in the field may experience obstacles and may also be misused by irresponsible parties. to oversee the process of procurement, legal instruments related to supervision are needed. the pbj presidential regulation regulates the supervision of the pbj process in article 76 paragraph (1) which states that the minister / head of institution / regional head is obliged to supervise the procurement of goods / services through the internal supervisory apparatus at the respective ministries / institutions / regional governments. supervision activities based on article 76 of the pperpres pbj can be carried out through the http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 133 following activities: a. audit b. review c. monitoring d. evaluation, e. and / or implementing a whistleblowing system. the pbj process supervision activities can be started from planning, preparation, selection of providers, execution of contracts, and handover of work. pbj supervision activities have a scope of supervision of the procurement of goods / services which includes: a. maximum benefit value; b. compliance with regulations; c. tkdn achievement; d. use of domestic products; e. backup and allocation of packages for small businesses; and f. sustainable procurement. pbj supervision can be carried out by institutions that have the task of administering government affairs in the field of state / regional financial supervision and national development. the results of supervision are used as a means of controlling the implementation of the procurement of goods / services. the pbj presidential decree provides a legal basis for the public to submit complaints or complaints related to the pbj process which is regulated in article 77 of the pbj presidential regulation by submitting a written letter accompanied by factual, credible, and authentic evidence to law enforcement officials. then the complaint is forwarded to apip to be followed up according to its authority and to report the follow-up results of the complaint to the minister / head of institution / regional head. the report from apip addressed to the minister / head of institution / head of the region is given to the competent agency, if there is an indication that kkn is detrimental to state finances. urgency and process of procurement in the conditions of covid 19 pandemy in handling emergencies, the government has an obligation to be present to provide services to the community so that emergencies can be immediately resolved and controlled. one of the handling in an emergency is the need for goods / services of an urgent nature which results in the level of fulfillment having priority speed and accuracy such as carrying out a rescue in a disaster condition, seeking human life help in an accident, damage to infrastructure that interferes with public service activities and / or endangers safety. community, or providing assistance / services for disaster victims. in general, the above conditions constitute a condition where the http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 134 fulfillment of the needs for goods / services is not planned in advance, both in terms of type, quantity and time that cannot be postponed and must be done as soon as possible. procurement in an emergency situation as described above, in accordance with the mandate of article 91 paragraph (1) letter p of presidential regulation number 16 of 2018 concerning government procurement/pbj, a procedure for implementing the procurement of goods /pbj in emergency handling is required provide value for money, based on the principles of effectiveness, transparency and accountability. purpose and objectives the purpose of establishing the procedure for the pbj in the handling of an emergency is to provide guidelines for the actors of the procurement /pbj in carrying out the procurement /pbj for handling emergencies. the purpose of establishing the procedure for the procurement /pbj in the handling of an emergency is so that the procurement /pbj can be carried out appropriately, quickly, and responsively and still observes the principles of the procurement of goods / services. criteria for an emergency an emergency is a situation that threatens and disrupts the life and livelihoods of a group of people / communities that requires immediate and adequate response. disaster emergencies can be caused by: a. natural disasters such as earthquakes, tsunamis, volcanic eruptions, floods, droughts, hurricanes, landslides; b. non-natural disasters such as failed technology, failed modernization, epidemics, disease outbreaks; and c. social disasters such as; social conflicts between groups or between communities, terror. search and rescue operations activities carried out in an effort to find, help, rescue and evacuate people who are facing emergencies and / or hazards that may be caused by accidents (land, air and / or sea), disasters, or conditions that may endanger humans /public. damage to facilities / infrastructure that can disrupt public service activities. damage to facilities / infrastructure that can threaten safety, security and utilization, requires prompt and appropriate action to deal with the damage. emergency status is a condition determined by the competent official for a certain period of time in the context of overcoming an emergency. the process of procurement in an emergency is carried out by means of self-management and / or providers. stages of the procurement process for goods and services article 6 regulation of the government procurement policy agency number 13 of 2018 concerning the procurement of goods / services in emergency handling: (1) the stages of procurement of goods / services in handling emergencies include: a. procurement planning; b. procurement implementation; and c. payment settlement. http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 135 (2) procurement planning as referred to in paragraph (1) letter a includes: a. identification of the need for goods / services; b. resource availability analysis; and c. determination of the method of procurement of goods / services. (3) the implementation of the procurement of goods / services as referred to in paragraph (1) letter b through the provider in the following stages: a. issuance of a letter of appointment of goods / services provider (sppbj); b. joint examinations and preparatory meetings; c. handover of field; d. (spmk) / (spp); e. work implementation; f. calculation of work results; and g. handover of the work of the procurement of goods / services in the description above which is carried out through selfmanagement in the following stages: a. coordinating other parties who will be involved in emergency handling; b. joint examinations and preparatory meetings; c. work implementation; and d. handover of work results. the settlement of trade payments for emergency services is carried out by means of a contract stage. payment, post audit. the process of procurement during the emergency covid 19 period can be abused by the provider of goods by reducing the price of goods for various reasons, besides that the authorized official can take the opportunity to abuse authority in various ways. to avoid acts of abuse of the situation article 7 (1) regulation of the pbj/ procurement policy agency number 13 of 2018 concerning procurement of goods / services in emergency handling authorizes apip to supervise and provide assistance for the activities of the procurement of goods / services in handling an emergency situation from the planning process to payment. the task of apip is to audit reports and / or complaints from the public regarding irregularities or abuse of authority in the procurement of goods / services for emergency handling, in accordance with the provisions of laws and regulations. procurement actors in carrying out the pbj process can request legal assistance for those regulated in article 8 (1) regulation of the government procurement policy agency number 13 of 2018 concerning procurement of goods / services in emergency handling, legal services in the form of providing legal assistance since the investigation process up to the stage of the court's decision regarding the implementation of duties in the field of goods / services procurement. legal http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 136 services are provided by ministries / institutions / local governments. ministries / institutions / local governments in providing legal services can be assisted by advocates. there is an exception that legal services are not provided in the event a procurement actor is caught in the act. with the explanation described above, actors in the procurement of medical devices are expected to ask for legal assistance if the price of goods soar during the covid 19 emergency. 4. conclusion procurement of goods and services is a legal instrument to support public service activities and during the covid 19 emergency, the perpetrator procurement of medical devices / health support goods is urged to use legal assistance if the bid price given by the provider soars references adhi ardian kustiadi, (2006), handbook of preventing corruption in the procurement of public goods and services, jakarta. fuady, munir, (2005). pengantar hukum bisnis, bandung: citra aditya bakti. h, purwosusilo,(2014). legal aspects of procurement of goods and services, jakarta: prenadamedia group. marzuki, mahmud peter, (2011). legal research, jakarta: kencana prenada media group. purwosusilo,(2014). aspek hukum pengadaan barang dan jasa, jakarta: kencana. purnomo edy mulyono (2017), analisi pelaksanaan pengadaan barang/jasa secara elektronik pada pemerintah kabupaten gresik,surabaya: airlangga development journal suparman, (2014). eman, aspek hukum perdata dalam pelaksanaan pengadaan barang/jasa pemerintah, jakarta:lkpp. simamrora, sogar y, (2013). hukum kontrak pengadaan barang /jasa pemerintah di indonesia, surabaya: justitia. sutedi, adrian, (2008). aspek hukum pengadaan barang/jasa dan berbagai permasalahannya, jakarta : sinar grafika. yahya, marzuki, (2012). buku pintar pengadaan barang jasa pemerintah, jakarta: laskar aksara journal. http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 184 limitations of authority of implementation of tasks in running the local government duty fitri wulandari, danang teguh ariwibowo, azhar syarif sanjaya, nabila husniyah susanto, mega lestari faculty of law, narotama university surabaya e-mail: vitreewuland@gmail.com abstract where constitutional conflicts occur, which is actually a law that prohibits acting from signing apbd, but a ministerial regulation allows plt to sign apbd. where there are written rules that leave regulations outside the state dependency for governors, regents and mayors explaining an authority written by the acting minister of domestic affairs article 9 letter d paragraph 1 number 74 year 2016. that can be signed if obtained approval from the minister in writing which is about the regional budget and regional regulations on the organization of regional apparatuses. however, there is a difference wherein that the finance law no 17 of 2003 is different from the minister of home affairs regulation 74 of 2016. bring the contents of the financial act number 17 of 2003 to state the written financial management authority that obtains power from the president, which is meant towards the regional head. whereas where the head of province, regent, and mayor who are regional government officials can work on regional finances and represent regional officials in the ownership of separated regional assets. the contents are the rules written in article 6 letter c of act 17 of 2003 concerning finance. therefore, where the permendagri's position is under the act. if the apbd can be signed by an acting officer, then it can be sued and may be invalid. where, there are provisions in the signing of the regional budget which is legitimate or is a governor or acting actor, not an acting actor. although where permendagri number 74 of 2016 can make apbd signed by the acting act, the financial law states that the governor or acting actor can sign the apbd except acting. keywords: constitutional conflict, governor, pt, authority 1. introduction in this case indonesia is a unitary state with the principle of decentralization in the administration, the freedom to cover all aspects of life in the management of regional autonomy. where in this case regional autonomy which is a self-sufficient region in the initiative of the level of independence and the derivative of the decentralization phase that was held that the higher the phase of decentralization also increased also in the phase of regional autonomy (negara & perkantoran, 1961). the simultaneous formation of regional autonomy which is the birth of economic status based on the aspirations or hopes of indonesia that has the ideals and rational conditions of indonesian society in rational regions / regions of indonesia. aspiration can be achieved by the implementation of decentralization transformed into an autonomous region. therefore, where the legal community unit has the authority to regulate what is regional autonomy and by taking into account the aspirations of the community according to the community's expectations initiative (rudianto & roesli, 2019). therefore, for the welfare of the community, it can solve various problems. contained in http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 185 accordance with the provisions in which the contents of the government get the right to autonomy (zhong, 2003). and with the emergence of an apbd problem is not a new thing, because in this case where the minister of the interior states that in terms of signing the apbd acting (the governor) can sign or sign the apbd. where it happened during the period of mr. basuki tjahya purnama served as governor, who at the time was on leave outside the responsibility. that here is the spotlight of basuki tjahya purnama who considers that there is a constitutional conflict with the financial law (stoker, 1991). where the intention of the minister of home affairs here is with the aim that the performance in the vacancy of the position led by the regional head (the governor) can run even if temporarily led by the plt. although, it raises the existence of pros and cons in the community, because the acting director can sign / sign the actual apbd in the state finance law article 6 letter c does not regulate the acting authority. despite the intention of the minister of domestic affairs himself with the appointment of the acting area, so that the local government can run (john, 2001). but in view of the fact, the authority of the task implementer is limited because the task implementer cannot make a decision that is sacred, so he is afraid that a problem will arise and can hinder a government to the next when lead by the regional head for the next period. by basing an authority led by the executor of the task we must see the existence of clear facts and rules for the executor of the task relating to authority, legal protection, capacity when becoming the executor of the task, and also mistakes when abusing authority as the executor of the task. because, these problems can be crucial given that many regions will be led by the task force when the kepela area is on leave, especially areas that are held by temporary task implementers. and do not let the implementation of this task arise with the intention of political content in the administration of government, which can be a problem to the next government (sofyani et al., 2018). meanwhile, the law which contains that the incumbent regional head can renominate by taking leave and filling vacancies in the regional head which is temporarily replaced by the acting minister by the minister of home affairs in matters of regional head officials governed by article 201 paragraph 2 of law number 30 in 2014 and according to also article 34 paragraph 3 of law number 30 of 2014 concerning government administration. and there is also where there is a letter decision through the head of bkn no k.26,30 / v.20.3 / 99 of 2016 which explains that the authority of implementing the task in aspects. in the provisions regarding the authority of the minister of home affairs regulation no. 74 of 2016, which contradicts law no. 30 of 2014 which in article 14 paragraph 7 that explains the agency and or government officials who obtained authority through the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 186 mandate are not authorized to make decisions and or where there are actions that are of a nature strategies that have an impact with a change in legal status on aspects of the organization, budget allocation, and staffing. where we see that the executor of the task gets strategic authority after the minister of home affairs signed / agreed that the executor of the task gets that authority even though it also contradicts article 12 of law no. 30 of 2014. where it should be that the home affairs minister does not give authority which should not exceed the authority to carry out the tasks written in law no. 30 of 2014. and also its relation to where it can support the continuity and smoothness of the responsibilities of implementing the tasks in the administration of government written permenkeu no. 98 of 2015 and also the provisions of implementing article 34 paragraph 2 and paragraph 3 law no. 30 of 2014. that the implementation of the tugaas in the circle of the ministry of finance has authority derived from the mandate but the implementation of the task of authority is limited by the ministry of finance. actually, in the limitation of that authority, it has been included in permenkeu. based on written no. 98 of 2015, the authority of the task executing authority (bulkeley & kern, 2006). with the underlying basis above, there are a number of issues that are present in the interim while carrying out temporary duties in the government, namely; 1. what underlies the authority of implementing temporary tasks in local government? 2. can implementing temporary tasks be held accountable for carrying out regional government tasks which are only temporary? 2. research method in this problem that has been formulated, therefore from where in this case the statutory approach (statue apporach) is used where this method is actually by way of exploring regulations and laws relating to legal issues . by involving positive legal theories in an approach that is carried out with the literature, references made or indicated only on written rules are necessarily related to positive law (soemitro, 1990). this writing uses a method approach based on legal sources: primary legal material; law number 17 of 2003, law number 23 of 2014, law number 30 of 2014 and minister of home affairs regulation no. 74 of 2016 concerning leave outside dependents the state for governors and deputy governors, regents. where this is a normative juridical approach where library research is conducted, usually a jurist usually uses observing, analyzing and acting by examining laws that can be considered in accordance with written legal research. usually in a study that must be considered on matters that have the principles of law, which relate the concept of law and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 187 the legal basis for this approach by observing legal norms or rules regarding the subject matter. 3. results and discussion what is the basis for the authority to carry out the temporary duties of the regional government? which underlies the basis of the authority of implementing duties of law number 23 of 2014 which here explains that the incumbent regional head can re-nominate by taking leave and filling vacant positions in the regional head which is temporarily replaced by the acting minister by the minister of home affairs in matters of the regional head official who regulated the article 201 paragraph 2 of law number 30 of 2014 and according to also article 34 paragraph 3 of law number 30 of 2014 concerning government administration. and also that where the head of the province, regents, and mayors who are local government officials can work on regional finances and represent regional officials in the ownership of separated regional assets. the contents are the rules written in article 6 letter c of act 17 of 2003 concerning finance. therefore, where the permendagri's position is under the act. where also the ministry of finance actually regulates that implementing duties in the financial ministry environment obtain authority sourced from the mandate. the ministry of finance also actually limits the authority of executing temporary tasks which as regulated and written based on no 98 of 2015 concerning an authority of executing temporary task officers and the scope of implementing duties are narrower than those of the minister of home affairs. where this is the authority of implementing the temporary task does not get the authority in terms of making decisions and setting decisions in a strategic nature. a statement in which the ministries here are in line with law no. 30 of 2014. where there are also provisions of permenkunham no. 1 of 2014 which also pay attention to the provisions regarding the authority of executing temporary task officers. policies that should not be strategic that is substantial, budget, assessment of the field of workers and other binding policies because it will cause an impact. if we look at where the center of attention here, the minister of home affairs regulation no. 74 of 2016 should be in line with law no. 30 of 2014 and the bkn decree. because from the explanation above permenhunhumkam no. 1 of 2014 is in line with law no. 30 of 2014. because the basis of this problem is one of the articles in the ministerial regulation that contradicts law no. 30 of 2014 as well as bkn decree which makes implementing duties here have authority broad as the task implementer that was previously set in the invitation. during permendagri under the status of the act because the act has a high position. by knowing the boundaries of the executor of the task that the actual executor of the task can exercise authority which should not cause problems when the regional head is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 188 on leave so as not to cause doubt the head of the region off. so that the budget here does not experience problems. state finance is an activity with a nominal value, including which is achieved, which will normally be carried out during the coming year (tjandra & sh, 2006). where there is an mandate implied in the enactment of law number 17 of 2003 concerning state finances as stipulated in the provisions of article 23 c. in this law which may cause contact with regional finances intended for governance, as well as for state administration in the field of civil registration. which causes the extent of a violation of regional leeway in terms of management should this matter requires the rules of law of state administration. for that reason, the part that we must understand is the implementation of regional finances in the administration of the region and also regarding the conduct of rechthandeling which is called the government decision on legal actions. the government also must not forget where there is a legislative process because this process can lead to a new one, namely legitimate, in relation to decisions where every year there is implementation of budget management through regional legal products. the regional government and legislative agreements that are part of the implementation of the regional budget that must be based on the regional regulation of the regional budget must be in accordance with legislative procedures. 1. in managing regional finance, it must be based on a juridical basis in every regional financial management policy 2. here, officials here have limitations in authority so that there is no abuse of authority. 3. officials here must not exceed the authority that should not be his authority. 4. every community gets fair treatment of regional financial management officials. 5. the existence of coercion in financial management of sanctions that are universal. this fact has been that in fact the binding of executors of temporary tasks has weak power in politics. given this case, it can be seen from this case that the actual implementation of the task has authority limits that should not contribute to strategic decisions because that there is written evidence governing the authority limits in rules that have been written even though only temporarily. basically, in the appointment of implementing temporary tasks, there have been rules that have been established in terms of binding. where in the qualification of article 201 paragraph 8 of law number 8 of 2015, and also there is law number 8 of 2015 of article 201 of paragraph 9 where each content of the article explains that it fills the vacancy of a high leadership position. when carrying out the task of carrying out their duties here the authority is very limited. executing duties here is severely restricted by virtue of government regulation no. 49/2008 concerning the third amendment regarding election, binding, endorsement and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 189 dismissal of regional heads. in this case the actual implementation of the task is only to continue the wheel / fill the vacancy of the temporary position is not a definitive head of government. but in this case we need to know that it is unclear what underlies that the temporary task implementer can implement the apbd / apbd signing. in an issue the task implementer can be sued and sanctioned when abusing his authority, based on the abuse of authority by government officials. where here we see that the one who has authority in signing the apbd is the governor not the executor of the task. people will be able to sue the task implementer, and cause the apbd signed by the task implementer to be invalid and can be sued. where the executor of the task can be examined with an internal inspection process based on law number 30 of 2014. if the task performer here has a mandate he can be protected from law number 30 of 2014. because he is given the authority of those who gave him the mandate. if there is an error in abusing his authority as an executor of the task, he may be subject to sanctions by composing the rules written in the rule of law number 30 of 2014 article 81 paragraph 3 which contains; rights in financial matters and facilities can be dismissed even though, rights in financial and facility rights cannot and are also dismissed, dismissal accompanied by obtaining financial rights and facilities and published in the mass media and dismissal with without getting their rights and also rights and published to themedia masswith the relation to the problem here is also related to the indonesian economy has been a weakening of the indonesian economy, the regional budget has experienced its rendeah, which here will become a pillar of indonesia's problems on the country's economy (deliarnoor, 2015). 4. conclusion that from the explanation of the conclusion we can know from an authority to carry out the task.; in this case we realize that in the implementation of the governor's task implementation, within the scope of implementing duties appointed by law no. 8 of 2015 article 201 paragraph 8, the purpose of this article is to fill the vacancy of the position of regional head which is a high-level leadership position, we realize that there are also limits to the authority to carry out temporary tasks which fill the vacancy of the governor's position, if where the executor of the task while doing will get sanctions for the executor of the task in carrying out the authority wrong or violate and actually here the uncertainty or uncertainty of the types of restrictions and rules in carrying out the task of filling vacant positions is temporary and that pelasana can be sued if it makes a mistake or misuses its authority in carrying out the mandated tasks. suggestions http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 190 in this issue the task implementers if not immediately addressed. can be an obstacle in the holding of the regional budget which is very influential in conducting the government economy so that it becomes a big rock. where the government can make legal certainty that is strong which cannot be made various rules because it will cause overlapping and unclear rules. therefore, the government can make the implementation of this task a strong legal force, clear, and special so that it does not cause a problem now. references bulkeley, h., & kern, k. (2006). local government and the governing of climate change in germany and the uk. urban studies, 43(12), 2237–2259. deliarnoor, n. a. (2015). problematika pelaksana tugas (plt) dalam masa transisi pemerintahan (pra dan pasca pilkada serentak). cosmogov: jurnal ilmu pemerintahan, 1(2), 322–335. john, p. (2001). local governance in western europe. sage. negara, l. a., & perkantoran, b. p. p. (1961). lembaga administrasi negara. lembaga administrasi negara. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. soemitro, r. h. (1990). metodologi penelitian hukum dan jurimetri. ghalia indonesia, jakarta, 167. sofyani, h., akbar, r., & ferrer, r. c. (2018). 20 years of performance measurement system (pms) implementation in indonesian local governments: why is their performance still poor? ajba, 11(1), 151–184. stoker, g. (1991). the politics of local government. macmillan international higher education. tjandra, w. r., & sh, m. (2006). hukum keuangan negara. grasindo. zhong, y. (2003). local government and politics in china: challenges from below. me sharpe. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 legal due to the party layoff due to covid 19 muhammad danial ar rasyiid, habib adjie. faculty of law, narotama universty surabaya e-mail: md.arrasyiid@gmail.com, adjieku61@gmail.com abstract indonesia became one of the countries infected with covid-19. this certainly has an impact that can harm the country and society. therefore, the government issued a policy of large-scale social restrictions (psbb) with the aim of deciding the spread of covid-19. one of the impacts felt by the community with the presence of covid19 is the termination of employment (fle) carried out by several companies to workers on the grounds of force majeure or loss. this reasoning is controversial, bearing in mind that force majeure cannot be said to be a reason that can cause harm as in the covid-19 outbreak, and is deemed to deviate from article 164 paragraph (3) of law number 13 year 2003 concerning labor. keywords: layoffs, force majeure, covid-19 1. introduction the world is facing a very crucial problem with the presence of covid-19 which has spread throughout the world, including indonesia. the dilemma of various countries in overcoming covid19 has made the government and even the public feel unrest and loss that has an impact on health and the economy. so, the government needs to issue a policy regulated in pp. 21 of 2020 concerning psbb (large-scale social restrictions) with the aim of breaking the chain of spreading covid-19. this policy has led several companies to take steps to reduce losses due to covid-19. one of the steps taken by several companies in indonesia is to carry out a termination of employment (phk) for employees who work at the company. this is in line with articles 164 and 165 of law no. 13 of 2003 concerning manpower, which more or less the phrase states that a company has the right to terminate employment relations with employees if a company experiences losses. but in general, several companies that cut off work relations during the covid-19 pandemic often used force majeure reasons, even though these companies were still producing as usual. the important thing that becomes a condition for terminating a company's employment to employees is that the company has experienced a decrease or loss for 2 years. meanwhile, the current covid-19 pandemic has not yet reached or is considered to be 2 years. the clarity of force majeure which is still a question enters the classification in natural disasters or does not need attention. for reasons of force majeure that companies use to terminate employment relations cannot be justified. seeing that the massive economic disruption caused by covid-19 has affected many workers who have lost their jobs, they must get legal protection and certainty clear laws. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 therefore, the lack of clarity regarding the termination of employment by companies during the covid-19 pandemic is the focus of the author to discuss and analyze more comprehensively regarding policies issued by the government or companies for workers. so there is a need for legal protection for workers and a government policy is needed to determine whether covid-19 is included in the force majeure of natural disasters or not. 2. research methods this study uses a qualitative phenomenological approach, which is a research method that seeks to reveal the universal essence of phenomena that are personally experienced by a group of individuals (cresswell: 1998). phenomenological research data is obtained from various interviews reported by various media, which focus on the economic losses due to the covid-19 pandemic in indonesia from the discovery of the first covid case in jakarta 2 march 2020 to 10 april 2020. medium on the internet allows users to represent themselves as well as interaction, cooperate, share, communicate with other users and forming virtual social bonds (cf. fuchs: 2011). this paper emphasizes its analysis on the process of concluding comparisons and the dynamics of the relationship of phenomena observed in various news about the covid-19 pandemic in indonesia, its impact on the national economy after the implementation of the psbb. the data was transcribed, then by referring to the problem formulation, the researcher did coding, clustering, thematic labeling and interpreting. data source: a. www.bps.go.id b. www.detik.com c. www.cnbcindonesia.com d. www.kompas.tv e. www.bisnis.com f. www.pasardana.id 3. discussion layoffs of workers during the covid-19 pandemic the rhythm of human life develops according to the demands of an era, and humans are essentially creatures that have the power to move life to meet the needs of food, shelter and shelter. in meeting their needs, humans need to work together to produce an pact with other humans for mutual benefit. this is in line with the work agreement according to article 1601 of the civil code, which is the agreement that the first party, namely workers, binds themselves to surrender http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.bps/ http://www.detik/ http://www.cnbcindonesia/ http://www.kompas/ http://www.bisnis/ http://www.pasardana/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 their energy to another party, namely the employer, with wages for a certain time (wardani & widhiandono, 2017). in general, every legal relationship created by law always has two aspects, the contents of which on the one hand have rights, while on the other hand they have obligations. there are no rights without obligations, on the other hand there are no obligations without rights. because rights are interests protected by law, and obligations are positive legal norms that order individual behavior by setting sanctions (mertokusumo, 2005). in labor law, companies and workers have rights and obligations that must be given and protected. a company has the responsibility and obligation to ensure health, safety, wages and fair treatment of workers. because workers / laborers are one of the most important assets in influencing the success of a company. with this statement, it is a logical consequence that a company must protect and guarantee the needs of workers / laborers in accordance with the mandate of the constitution article 27 paragraph 2 of the 1945 constitution of the republic of indonesia states that "every citizen has the right to work and a decent living" by pay attention to human rights as echoed by the universal declaration of human rights. in the dynamics of employment in indonesia, the work relationship does not necessarily run optimally or it can be said that there are problems that can be caused by the worker or the company. among workers who feel aggrieved by the policies of the company, as well as companies that feel hurt by the negligence of the workers. from these factors, it can allow for disputes between workers and employers in terms of termination of employment (phk) coupled with the covid-19 pandemic which has spread throughout the world, including indonesia. as a result, some companies have issued policies to terminate working relations with some workers who are deemed to have increased the company's losses. based on data published by the ministry of manpower, there are 2.8 million workers who have been directly affected by covid-19. they consisted of 1.7 million formal workers laid off and 749.4 thousand laid-offs. however, the unfortunate thing is that the company that has cut the relationship from working is arguing that it is "force majeure". this reason is a debate among workers and experts who are questioning whether force majeure is acceptable or not in terminating work relations during the covid-19 pandemic. national loss the losses that are easiest to calculate are the aggregate losses nationally. however, because it is macro in nature, this calculation is only used by large-scale economic actors, or by the state in preparing (revising) the apbn. one method of calculating can use the reference gross domestic product (gdp), which is the accumulated total production in a country during a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 year.indonesia's gdp per capita per year in 2019 according to the central statistics agency (bps) is usd 4,174.9 or idr 59.1 million (exchange rate of idr 14,156 per usd). with a population of 267 million, indonesia's gdp in 2019 will be rp15,833.9 trillion (www.bps.go.id). the proportion of areas in gdp or known as pdrb (gross regional domestic income), referring to previous bps data, is dki jakarta at 17.53% (to gdp), bodetabek (regency & city of bogor, regency and city of bekasi, depok city, kabupaten & kota tangerang, and kota tangerang selatan) amounted to 7.3%, and bandung raya (kota & kabupaten bandung, kabupaten bandung barat, kota cimahi) contributed 3% to gdp. meanwhile, indef data states, the circulation of ri money is in jakarta (jabodetabek) by 70%. this can also be interpreted by jabodetabek as affecting 70% of indonesia's gdp. indonesia's economic growth in 2020 was originally estimated at 5.3%. however, this figure was corrected as a result of the corona pandemic, and some people predicted growth below 2%. given the uncertainty and different predictions, as well as fluctuations in the usd exchange rate (drastic increase to rp16.00 p-er usd at the beginning of april 2020), the authors chose to ignore these two factors, namely the economic growth in january-april 2020 and the usd exchange rate during the crisis. so that the gdp figure used in this paper is the 2019 reference. so how much is the national economic loss due to the covid-19 pandemic? there are 2 options in calculating losses. the first method uses the assumption that the circulation of money in jabodetabek is 70% of the total money supply in indonesia. if this means that 70% of indonesia's gdp is influenced by economic movements in jabodetabek, then total cessation of activities in jabodetabek for 1 month will result in a national loss of = 1/12 x 70% x idr 15,833 trillion = idr 923 trillion. however, if the termination is not complete because there are still several types of activities that are not prohibited from operating, such as the health sector, staple food, strategic industries, etc., the losses will be smaller. if the activity rate is around 10%, then the loss will be 90% x idr 923 trillion or around idr 830 trillion. if the jabodetabek psbb is extended by 2 weeks, the national loss will reach 1.5 x idr 830 trillion = idr 1,260 trillion or half of the state budget in the 2020 state budget.the second way is to use a comparison of the proportion of grdp from areas that impose social restrictions. the accumulated grdp of jabodetabek is 24.83% of the national gdp. so the limitation of activities with the same provisions above, in jabodetabek for 1 month causes a loss of 1/12 x 24.83% x idr 15,833 trillion x 90% = idr 294.85 trillion. if extended for 2 weeks, the loss will be around idr 442.3 trillion. and if followed by bandung raya in the same period, will increase the loss 17.6% (i.e. 3% / 17% x 442.3 t = 75.1 t)to idr 517.5 trillion. losses due to restrictions in other areas can be calculated using the same method, namely comparing the proportion of grdp to gdp over a period of time compared to 12 months. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.bps.go.id/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 which calculation result is more valid? both have a basis of legitimacy. using the money supply reference, it is acceptable to argue that most of the large-scale economic activities in the regions, in the process, also involve jakarta, either because of the head office or due to transactions with third parties. so that activity is also reflected in the circulation of the money. what needs to be validated is the large percentage of money circulation in jabotabek, is it true that 70% or less.as for the second calculation, using the proportion of grdp to gdp is also acceptable, considering that the data is a real picture of economic activity during the recording period. and this method will also make the calculation easier if more and more regions are implementing psbb, and in different time frames. for example, west sumatra, which contributes 1.5% to gdp, the psbb for a month will cause economic losses of around rp. 16.6 trillion. likewise the psbb in pekanbaru city, malang city, tegal city, surabaya, etc. can easily calculate the effects of the losses. considering the absence of data on the proportion of money in circulation per region other than jabodetabek, the authors prefer to use the second method in the calculation. this is due to the fact that the psbb has been widely applied, and continues to increase, so that calculations using only the jabodetabek reference are invalid. other potential losses apart from the losses that can be calculated above, there are other potential losses that could occur due to non-business factors. for example, if economic difficulties have resulted in an increase in crime and damage to business facilities. as is known, more than 30 thousand prisoners have been released due to concerns over the spread of covid-19 in overcrowded prisons (www.kompas.tv, 01/04/20). these prisoners experienced economic shock as well, and some of them have been proven to have committed acts crime is only days after release. in the third week of april 2020 alone, there have been 3 robberies of minimarkets in jabodetabek, as well as various thefts and robberies involving recidivists in various regions. apart from crime, the potential for chaos due to the economic crisis can also occur. the situation of mass chaos can result in unexpected losses such as property destruction, vehicle destruction, damage to public and tourist facilities, as well as security costs that must be borne by the community. chaotic conditions can also spread to mass looting of shops or factories, or even sacrifice human life or honor. abnormal situations, whether due to the outbreak of crime or chaos situations, the value is not calculated because it depends on the scale, area, and how long it took to occur. however, this factor will only arise if the restrictions are prolonged until the crisis escalates or is difficult to control. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 deal with losses in the business world there is always a gain and there is a loss. for business actors who have diversified across sectors with different types of businesses that are at different poles, they are likely to survive the crisis. for example, they lose money from their business in renting party tools because all crowd activities are prohibited but they also have a garden that is planted with various kinds of vegetables. in times of crisis, the crop yields increased demand. or a car rental entrepreneur who has few orders, gets it compensation for income from increased demand for delivery of goods. and things like that can happen. for large-scale businesses, there is usually cross-sectoral conglomeration, so cross subsidies can be made between business entities in the group. overall, they may experience losses, but they can still be saved through businesses in other sectors. it will be a problem if conglomeration occurs in the same sector, for example from upstream to downstream and does not penetrate other sectors. businesses that have cash funds can also get around losses, namely by buying assets or businesses that are good but cheaply sold. maybe the cash funds were obtained from selling assets at low prices (meaning that in accounting, they suffered losses), but if used to get other, better assets, it could generate profits. and after the crisis is over, the new assets can produce better, or be sold at a much higher price, enough to compensate for the losses. what if diversification or other efforts cannot be made to reduce losses? finally, in general, the same steps will be taken, namely savings. all circles will try to reduce expenses as much as possible, and try to survive as long as possible. furthermore, if it is still insufficient, will take the next step, namely looking for a loan or debt. after that, look for ways to get new income or income. such steps will be taken by individuals, micro-entrepreneurs, companies, organizations, as well as by the state. global car manufacturers such as toyota have submitted new debts of around usd 9 billion (idr 135 trillion) to overcome the crisis (www, bisnis.com, 27/03/20). so it is natural that once the pandemic strikes, lending institutions such as the international monetary fund (imf) immediately offer debt packages to potential countries. indonesia has also issued global bonds or debt securities, which are then called pandemic bonds worth usd 4.3 billion in early april 2020 (www.cnbcindonesia.com, 13/04/20). austerity measures, seeking loans, and efforts to get new income, are common steps to survive. survival during this crisis is considered very important, as a capital to find compensation for post-crisis losses. because if you can't survive, then rush to collapse before the crisis ends, then all potential loss returns will be lost. for example, if a company goes bankrupt, all that can be done is to release assets to cover liabilities, then the company can no longer operate, maybe even shareholders still bear the inherited debt. meanwhile, if the company survives, it can still run even though it has to repay new debts, then there is still http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 hope of getting profit after the crisis ends. if all individuals, business entities, non-business organizations, and all parts of a country can pass through the crisis period, they will survive and return production, then in the end the national losses will be covered. because they will again be able to pay taxes, maybe even more. it will also absorb new labor so as to increase individual income, which in turn will also increase state income and boost gdp. force majeure analysis in the termination of employment policy during the covid-19 pandemic in indonesia referring to article 164 paragraph (1) of law number 13 year 2003 concerning manpower states, employers can terminate workers / laborers because the company closes due to force majeure. then article 164 paragraph (3) of law 13/2003 adds that employers can also lay off workers / laborers because the company has closed down not because of losses for 2 consecutive years or not due to force majeure but due to efficiency. even the workers / laborers are at layoffs get one-time severance pay. the minister of manpower, in his statement related to force majeure which has consequences for workers by terminating employment relations does not support the company's reasons, he urged that companies should make steps that can be taken such as; reducing wages and perks of managers and directors, reducing work shifts, limiting casual work or laying off workers temporarily. however, several companies have issued policies for terminating employment continues to argue that they do not have sufficient funds to pay severance pay or workers' wages. this violates the labor regulations which state that a company can close if it has reached a loss for 2 years. meanwhile, covid-19 has not reached or entered half a year. the reasons for force majeure used by several companies are not acceptable to some circles. according to subekti, force majeure is an excuse to be exempted from the obligation to pay compensation. then, the civil code does not find the term force majeure without explaining what kind of coercive situation the term force majeure is. however, there are a number of terms in the civil code that govern compensation, the risk for a one-sided contract is then taken for the term force majeure (suadi). with the existence of force majeure, it cannot automatically be used as an excuse for companies to protect themselves from coercive circumstances because they only want to run away from their responsibilities, so there must be several conditions so that this does not occur. according to r subekti, a situation is said to be force majeure, namely; the situation itself is beyond the control of the company and is coercive, and the situation must be a condition which cannot be known at the time this agreement is made, at least the risk is not borne by the workers who are laid off. with the existence of several conditions, a person cannot arbitrarily say that he is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 115 experiencing force majeure. in article 47 paragraph (1) letter j law 2/2017 on construction services explains force majeure. according to the provisions of this article, force majeure can be interpreted as an event that arises beyond the will and ability of the parties that cause harm to one of the parties. these coercive circumstances include: a compelling situation that is absolute (absolute), namely that it is impossible for the parties to exercise their rights and obligations. an absolute (relative) coercive situation, namely that it is possible for the parties to exercise their rights and obligations. in the case of the covid-19 outbreak, it can be said to be an unexpected event at the time the agreement or policy was made. this means that if there is an agreement made when the plague is spreading and spreading, termination of employment cannot be used as an excuse as a force majeure. thus, it is necessary to protect workers in order to guarantee the basic rights of workers and to realize worker welfare while continuing to work. concerned with the development of the company's interests (adisu & jehani, 2007). 4. conclusion based on the description above,layoffs in the pandemic covid-19, which have been used as alibis by several companies, are deemed illogical, because some companies argue with force majeure. where these reasons cannot be categorized as an outbreak that is currently shooting in indonesia, covid-19, and the outbreak is also not categorized as a national disaster. referring to law number 13 of 2003 concerning manpower, the losses caused by the company have not reached 2 years, so the company cannot simply terminate the work relationship. so there needs to be other efforts given by companies or the government in overcoming the impact of covid-19 on laid-off workers so that they can limit working time / overtime and workers can be dismissed by not cutting off work relations. with this, it can help the government to reduce unemployment and can help the government grow the economy during the covid-19 pandemic. references adisu, e., & jehani, l. (2007). hak-hak pekerja perempuan. tanggerang:visi media.ketenagakerjaan, k. (n.d.). data jumlah phk dimasa pandemi covid-19. mertokusumo, s. (2005). mengenal hukum; suatu pengantar. yogyakarta: liberty. maggalatung, a.s.; aji, a.m.; yunus, n.r. how the law works, jakarta: jurisprudence institute, 2014. suadi, h. a. (n.d.). penyelesaian sengke ta ekonomi syariah. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 116 wardani, s., & widhiandono, h. (2017). hubungan-hubungan hukum yang timbul dalam pelaksanaan kemitraan antara perusahaan pengelola rambut dengan plasma industri rambut di kabupaten purbalingga. jurnal kosmik hukum, 17(1), 68. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 e-court implementation in civil cities jurisdiction in the covid-19 pandemic time hendra purwanto arifin, angga ferdian, mochamad djunaedi, dewi ika agustina faculty of law, airlangga universty surabaya e-mail: ahendrapurwanto@gmail.com anggaferdian341@gmail.com, mochamaddjunaedi728@gmail.com, ikadewiagustina94@gmail.com abstract in this scientific paper report, it discusses the implementation of e-court in civil court cases during the covid-19 pandemic. there are still many parties who do not understand and see how e-court is in a civil case. in the current digital era, the supreme court also supports government programs by minimizing direct contact, avoiding crowds, and using online or online media in court operations manifested in e-court. prior to the covid-19 period, there were already several civil courts using e-court, but not many cases were tried using the e-court application so that the parties prefer to hear conventionally. with this pandemic period, it is hoped that the supreme court will further encourage the litigant to use e-court so that the rights of the people to seek justice can still be fulfilled despite the conditions of the covid-19 pandemic. because the ecourt application is a program that utilizes technology applications, the supreme court should provide education and outreach to judges, court staff, advocates, and the general public regarding and procedures for proceeding with civil cases by e-court. keyword: e-court, civil case, covid-19. 1. introduction the 1945 constitution confirms that indonesia is a constitutional state. in line with these provisions, one of the principles of a rule of law is the guarantee of the implementation of judicial power that is free from the influence of other powers in order to enforce law and justice.1 indonesia is a constitutional state as regulated in article 1 paragraph (3) of the 1945 constitution of the republic of indonesia, so it is evident that the patterns of public behavior in all aspects of life are regulated in a law applicable in indonesia.2 these laws can be distinguished according to their contents, namely:3 1. private law (civil law) is a law that regulates the relationship between one person and another with an emphasis on individual interests. for example, civil law. 2. public law (state law) is the law that regulates the relationship between the state and equipment or its citizens. for example, constitutional law and state administrative law. 1 basiq djalil, peradilan agama di indonesia, kencana, jakarta, 2017, h. 9. 2 hanafi arief, pengantar hukum indonesia dalam tataran historis, tata hukum dan politik hukum nasional, pt. lkis pelangi aksara, yogyakarta, 2016, h. 43. 3 sri warjiyati, memahami dasar ilmu hukum: konsep dasar ilmu hukum, prenadamedia group, 2018), jakarta, h. 50. http://creativecommons.org/licenses/by-sa/4.0/ mailto:ahendrapurwanto@gmail.com mailto:mochamaddjunaedi728@gmail.com yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 civil law is a law that regulates the rights and obligations of parties in a civil law relationship. in the practice of law and justice, legal teachings or theories that deserve to be followed are also considered, which are supportive in the world of justice so that judges and legal advisors and justice seekers themselves need to be heeded. it is hoped that the provisions contained in the law, but also how the legal practice is carried out in handling a civil case..4 civil law according to its function is divided into material law and formal law.5 material law is a law that regulates the rights and obligations between legal subjects regulated in the civil code (hereinafter referred to as the kuhper). meanwhile, formal law is a law that regulates how material law can be maintained and implemented properly. formal law is often referred to as procedural law. every legal subject who feels a loss for a certain legal action, then the legal subject can file a lawsuit or request through the court (litigation) or resolve a problem outside the court (non-litigation). this also applies to other laws, both criminal law and state administrative law requiring a judiciary to overcome problems that occur in society and there are also several special courts that examine, adjudicate, decide, and resolve certain cases and are addressed to people certain. the trial order for civil cases at the district court is as follows :6 1. the session is declared opened and open to the public. 2. the parties (the plaintiffs and defendants) were ordered to enter the courtroom; 3. the identity of the parties (power of attorney) is checked, as well as the license to practice from an advocate organization; 4. if both parties are complete, they are given the opportunity to settle the case amicably; 5. whether to use a mediator from the pn environment or from outside (vide perma ri no.1 of 2008); 6. if no peace agreement is reached, the trial is continued with the reading of the lawsuit by the plaintiff / his attorney; 7. if the peace is successful, it will be read out in the trial in the form of a peace deed with the title for justice based on yme development; 8. if there is no change in the procedure then the answer from the defendant; (the answer contains an exception, rebuttal, a petition for a provisional decision, a lawsuit for reconstruction); 4 abdulkadir muhammad, hukum acara perdata indonesia, pt citra aditya bakti, bandung, 2015, h. xi-xii. 5 m. bakri, pengantar hukum indonesia: pembidangan dan asas-asas hukum jilid 2, ub press, malang, 2013, h. 196. 6https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraanperdata/813-tata-urutan-persidangan-perkara-perdata, diakses pada tanggal 26 september 2020. http://creativecommons.org/licenses/by-sa/4.0/ https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/813-tata-urutan-persidangan-perkara-perdata https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/813-tata-urutan-persidangan-perkara-perdata yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 9. if there is a lawsuit for reconstruction, the defendant also has the position of being the plaintiff for reconvention; 10. replic from the plaintiff, if he is being sued for reconciliation then he / she has the position of a reconvention defendant; 11. at the time of correspondence (answer jinawab) there is a possibility of a lawsuit for intervention (voeging, vrijwaring, toesenkomst); 12. before proving there is a possibility that an interlocutory decision will appear (a provisionile decision, a decision regarding the grant of absolute exceptions, or a lawsuit for intervention); 13. evidence; 14. starting with the plaintiff, in the form of evidence and witnesses; 15. to be followed by the defendant in the form of evidence and witnesses; 16. if it concerns land, a local inspection is conducted; 17. conclusion; 18. deliberation by panel of judges (confidential); 19. reading of the decision; 20. contents of the verdict : a. the lawsuit was granted. b. the lawsuit was reject. c. the lawsuit can’t be accepted. 21. upon this decision, the parties are informed of their rights whether to accept, think about or will appeal. if you think about it, you are given 14 days; 22. in the event that a party is absent, it is notified in advance and within 14 days after the notification is given the right to determine a position. if the period of 14 days does not determine an attitude then it is considered to accept the decision. the procedure for proceeding with civil cases in the district court that has been described must be attended by the parties in the case at the district court so that the parties meet and meet face to face and in the end the judge renders the decision fairly as possible. as is well known by the general public, the covid-19 pandemic causes changes in normal mechanisms, namely: avoiding crowds and crowded places, maintaining distance, using masks, minimizing people to interact directly, and so on. with the covid-19 pandemic, the civil case trial process cannot be carried out in general. in connection with the covid-19 pandemic, the supreme court through the supreme court circular number 1 of 2020 concerning guidelines for implementation of tasks during the prevention period for the spread of corona virus disease (covid-19) within the supreme court and the judiciary bodies under it. according to the edara letter of the supreme court no.1 of 2020, judges and judicial officials can carry out official duties http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 by working in their home / residence (work from home / wfh). the work from home / wfh includes the implementation of trial administration using the e-court application, the implementation of trials using e-litigation, coordination, friendship, and other official duties. after the supreme court issued the supreme court regulation (perma) number 3 of 2018 concerning administration in court electronically on march 29, 2018, it is something that is done to fulfill the principles of justice, namely simple, fast, and low cost. with the e-court system service as a tool provided to assist the community in the process of registering cases in court. however, currently the e-court service system can only be implemented for advocates or legal advisors who have received validation from the indonesian supreme court. the importance of enforcing the covid-19 protocol the director general of badilag (religious courts) spoke about the conditions of the spread of covid-19 in indonesia and how the supreme court's policies were to address it. the obstacle faced is the number of cases currently being handled, especially in the religious courts, so it needs a gradual handling and approach so that there is no confusion and accumulation of cases which results in obstruction of the legal rights of the community, besides that every region in indonesia has regional characteristics and community density. different levels so that the status of the spread of covid-19 has various levels, so that an approach is needed that must be adapted to each region. the supreme court is fully committed to upholding the standards for handling and preventing the spread of covid-19 that have been set by the government.7 the policy of the supreme court of the republic of indonesia through circular number 1 of 2020 concerning guidelines for implementing tasks during the prevention period for the spread of corona virus disease 2019 (covid-19) within the indonesian supreme court and the judiciary under it instructs the court to make adjustments to the work system guided by circular of the minister of administrative reform and bureaucratic reform, in which judges and judicial officials can carry out official duties by working at home / residence (work from home).8 sema explained that working at home is an activity to carry out official duties, including the implementation of court administration using the e-court application and the implementation of trials using the e-litigation application, coordination, meetings and other official duties. for cases where the period of examination is limited by statutory provisions, the judge may postpone his examination even though the examination period is exceeded which is limited by statutory 7 https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimanapengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia, diakses pada tanggal 27 september 2020. 8 ibid. http://creativecommons.org/licenses/by-sa/4.0/ https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 provisions with an order to the substitute registrar to record in the minutes of session any extraordinary circumstances based on this circular letter.9 in the event that there are cases that still have to be tried, then the trial suspension and restrictions on court visitors is the authority of the panel of judges to determine, the panel can limit the number and safe distance between court visitors (social distancing) and can order body temperature detection and prohibit physical contact such as shake hands for the parties who will be present or presented at the trial.10 the court must keep going judy ryan as a senior judge at the family court of australia and coordinating overseas cooperation conveyed several things, namely :11 1. courts need to remain open, particularly to protect vulnerable people. globally, women, children, and the elderly will be strongly affected by covid-19, so lawsuits will remain numerous. it is important for courts to create a healthy work environment for judges and staff. courts must set an example and communicate between fellow courts both at home and abroad to share experiences. in addition, it is important that the priority scale of case handling be carried out. the urgency of applying in court to protect persons from groups who face or are likely to face increased risk of violence, abuse or neglect. 2. the need for information about cases and court processes to be provided online or by telephone, maximizing court websites and social media, reducing direct registration hours, optimizing call center services, directing all case registrations to the online e-court system, maximizing legal assistance for the community poor. this condition forces them to be more familiar with it devices in working and communicating, while the obstacle faced is the unequal ability of judicial officers, especially judges and other technical personnel in controlling it. therefore, it is necessary to accelerate the use of it projects in courts and to be accompanied by online training for judges and court staff. the use of it will provide great benefits for the court user community to get all the information needed regarding cases in court. 3. trial practice in court must be modified in such a way that at the same time it meets the safety standards set by the government and meets the basic principles of trial procedure law. 9 ibid. 10 ibid. 11 https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimanapengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia, diakses pada tanggal 27 september 2020. http://creativecommons.org/licenses/by-sa/4.0/ https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 the start of the electronic trial (e-court) the supreme court in terms of reopening legal product sheets that have been issued, namely the supreme court regulation number 1 of 2019 concerning electronic court case administration. this perma is very appropriate to be implemented especially in the condition of the covid-19 virus outbreak which is increasingly worrying the indonesian people. so video or web conferencing can be an effective means of holding hearings by the district court, attorney general's office, or the detention center. this pattern of electronic justice or known as e-court is an effective breakthrough that can be carried out by courts in indonesia based on the perma issued by the supreme court.12 this supreme court regulation number 1 of 2019 also refers to law number 11 of 2008 concerning electronic information and transactions, which was later amended into law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning information and transactions. electronic.13 in accordance with this supreme court regulation, case administration services electronically can be used by lawyers and registered individuals, which will be further regulated in a decree of the chief justice of the supreme court. then the electronic case administration arrangements in this regulation apply to cases of civil, civil religion, military administration and state administration cases. in law number 48 of 2009 concerning judicial power, it is stated that the trial is carried out simply, quickly and at low cost. therefore, to make this happen, it is necessary to carry out reforms to overcome obstacles and obstacles in the process of judicial administration. besides having to have administrative services effectively and efficiently, of course. therefore it is deemed necessary to carry out the trial electronically or ecourt in order to fulfill the administrative service effectively and efficiently.14 regulation of the supreme court of the republic of indonesia number 3 of 2018 concerning case administration in an electronic court which is subsequently declared invalid by regulation of the supreme court of the republic of indonesia number 1 of 2019 concerning electronic case administration and trials in courts is a concrete form of technological development in the court. the supreme court regulation (perma) is a regulation issued by the supreme court as part of the state administrative power, to regulate and carry out government tasks in the judiciary. supreme court regulations function as legal gaps and complement legal gaps.15 12 rr. dewi anggraeni, wabah pandemi covid-19, urgensi pelaksaan sidang secara elektronik, issn : 2338 4638, volume 4 nomor 1, 2020, h. 8. 13 ibid., h. 9. 14 ibid. 15 fauzan, peranan perma & sema sebagai pengisi kekosongan hukum indonesia menuju terwujudnya peradilan yang agung, kencana, jakarta , 2015, h. vii. http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 103 the beginning of the e-court application program in indonesia as a form of reform towards the administration of cases in the courts in indonesia, so that people in indonesia can use law enforcement channels according to state administrative institutions in solving problems. judiciary is carried out for the sake of justice based on the almighty godhead, justice is carried out simply, quickly, and at low cost, all interference in judicial affairs by other parties outside the judicial power is prohibited, except in cases as stated in the constitution of the republic of indonesia. indonesia 1945. everyone who deliberately violates the provisions which are the affairs of the court outside the judicial authority shall be sentenced.16 the beginning of the e-court application is inseparable from the supreme court regulation number 3 of 2018 which was later revoked and appointed a replacement, namely the supreme court regulation number 1 of 2019. supreme court regulation number 03 of 2018 is an innovation as well as a commitment for the supreme court of the republic of indonesia in realizing reform in the indonesian judiciary (justice reform) which synergizes the role of information technology (it) with procedural law (it for judiciary).17 this supreme court regulation is also the foundation for the implementation of the e-court application in the indonesian judiciary, so that the judiciary has the authority to accept case registrations and receive electronic court fee down-payment payments. substantially, the supreme court rule does not delete or annul the prevailing norms, but rather adds or improves it.18 e-court is an electronic judiciary which is expected to achieve its objectives in the administration of justice which is of course in accordance with the principles of a simple, fast and low cost trial.19 e-court is intended for cases of civil, civil religion, military administration and state administration at the first level, appeal, cassation and review. e-court greatly accelerates the completion of a civil case by litigation because many cases are included in the general court and of course many regulations have been enacted to simplify and speed up the process of resolving the cases that have been submitted. electronic trial regulation (e-court) what is meant by electronic case administration is a series of processes for accepting claims / requests, answers, replications, duplicates and conclusions, managing the submission and 16 pasal 4 uu nomor 4 tahun 2004 tentang kekuasaan kehakiman 17 ditjenmiltun mahkamah agung ri, e-court, era baru beracara di pengadilan, https://www.ptbengkulu.go.id/berita/e-court-era-baruberacara-di-pengadilan, di akses pada tanggal 26 september 2020. 18 mahkamah agung ri, e-court, era baru beracara di pengadilan, http://ditjenmiltun.mahkamahagung.go.id/index.php?option=com_content&view=article&id=2816:e-courtera-baru-beracara-dipengadilan&catid=114:umum diunduh pada tanggal 02 oktober 2018 19 pemerintah indonesia, peraturan mahkamah agung tentang administrasi perkara dan persidangan di pengadilan secara elektronik, peraturan mahkamah agung nomor 1 tahun 2019, bn no. 894, pasal 3 ayat (1) & (2). http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 storage of civil / religious / military administration / state administration documents using the applicable electronic system in each. court environment. based on the provisions in this supreme court regulation, an e-court system is created, which is a court instrument as a form of service to the public in terms of online case registration, online payment, sending trial documents (replicas, duplicates, conclusions, answers), and online summons.20 the scope of the e-court application consists of several types of administrative services, namely: a. e-filling (online case registration) online case registration in the e-court application is currently open for new types of registration for lawsuit cases, rebuttals, simple claims, and applications. registration of this case is a type of case registered in the general court, religious court and state administrative court which requires more effort or effort in registration, and this is the reason for making an e-court, one of which is the ease of doing business. the advantages of registering cases online through the e-court application that can be obtained from this application are :21 1. save time and cost in the case registration process. 2. paymen of down payment which can be made in multi-channels or from various payment methods and banks. 3. documents are well achived and can be accessed from various locations and media. 4. faster data retrieval process b. e-payment (online advance payment). in case registration, registered users will immediately get skum generated electronically by the e-court application. in the generate process, it will be calculated based on what cost components have been determined and configured by the court, and the radius fee which is also determined by the chief justice so that the calculation of the estimated down-payment costs has been calculated in such a way and produces an electronic skum or eskum. registered user after receiving the down payment or e-skum will receive a payment number (virtual account) as a virtual account for the payment of the down payment fee.22 c. e-summons (calling the parties online). in accordance with perma number 1 of 2019 in lieu of perma number 3 of 2018 that summons whose registration is made using e-court, then summons to registered users are made electronically which is sent to the registered user's electronic domicile address. however, for the defendant the first summons is done manually and when the defendant is present at the 20 pasal 1 angka 6 peraturan mahkamah agung republik indonesia nomor 1 tahun 2019 tentang administrasi perkara dan persidangan di pengadilan secara elektronik 21 mahkamah agung republik indonesia, buku panduan e-court (the electronic justice system), 2019, h. 7. 22 ibid. http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 first trial will be asked for approval whether to agree to the summons electronically or not, if agreed, the defendant will be summoned electronically in accordance with the electronic domicile given and if not agree that the call is done manually as usual.23 d. electronic trial (e-litigation). article 4 perma number 1 of 2019 states that the electronic trial in this regulation applies to the trial process by submitting a lawsuit / application / objection / objection / resistance / intervention along with its amendments, answers, replicas, duplicates, proofs, conclusions and pronouncements of decisions / decisions. the meaning of this article is that the e-court application also supports electronic proceedings so that trial documents can be sent such as replik, duplicate, conclusions and / or answers electronically which can be accessed by the court and the parties.24 regarding a copy of the court decision or order issued electronically and then sent to the parties no later than 14 days after the verdict or decision is pronounced. whereas for bankruptcy or pkpu cases, a copy of the court's decision or order is sent no later than 7 days after the decision or decision is pronounced. perma no.1 of 2019 also clearly states that case information in the court information system (sip) has the same legal force as the case register book as referred to in legislation.25 2. conclusion based on the explanation above, the authors conclude that : 1. with the existence of the supreme court regulation of the republic of indonesia number 3 of 2018 which was later amended by the regulation of the supreme court of the republic of indonesia number 1 of 2019 concerning the administration of cases and trials at courts electronically is a clear proof that the judicial system in indonesia is very prepared for the covid-outbreak. 19, so that it also supports government programs in reducing the growth rate of the spread of covid-19. with the existence of this e-court mechanism, every case is tried without the need to be present in court so that it can suppress direct interaction between the parties in a case. 2. not all judges, court staff employees, advocates, and the general public are familiar with the information technology system implemented by the e-court application so that the supreme court needs to provide online counseling on the procedures and mechanisms of e-court so that case channels are not clogged with restrictions social covid-19 and the general public still get legal certainty. 23 ibid., h. 8. 24 ibid. 25 rr. dewi anggraeni, loc. cit., h. 11 http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 3. the court with the e-court system is not only able to suppress the growth of covid-19 but is also a serious proof of the supreme court in implementing article 2 paragraph (4) of law number 48 of 2009, namely the principle of simple, fast, and low cost judicial administration. there have been many policies issued and implemented by the supreme court to encourage the implementation of these principles. currently litigants or the general public can conduct case searches through the sipp (case tracking information system) so that an open schedule of hearings is known. references anggraeni, rr. dewi, (2020). wabah pandemi covid-19, urgensi pelaksaan sidang secara elektronik, issn : 2338 4638, volume (4) nomor (1). arief, hanafi, (2016). pengantar hukum indonesia dalam tataran historis, tata hukum dan politik hukum nasional, pt. lkis pelangi aksara, yogyakarta. bakri, m., (2013). pengantar hukum indonesia: pembidangan dan asas-asas hukum jilid 2, ub press, malang. djalil, basiq, (2017). peradilan agama di indonesia, kencana, jakarta. ditjenmiltun mahkamah agung ri, (2020). e-court, era baru beracara di pengadilan, https://www.pt-bengkulu.go.id/berita/e-court-era-baruberacara-di-pengadilan, di akses pada tanggal 26 september. fauzan, (2015). peranan perma & sema sebagai pengisi kekosongan hukum indonesia menuju terwujudnya peradilan yang agung, kencana, jakarta. https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraanperdata/813-tata-urutan-persidangan-perkara-perdata, diakses pada tanggal 26 september 2020. https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimanapengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-courtof-australia, diakses pada tanggal 27 september 2020. https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimanapengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-courtof-australia, diakses pada tanggal 27 september 2020. muhammad, (2015). abdulkadir, hukum acara perdata indonesia, pt citra aditya bakti, bandung. republik indonesia, (2019). mahkamah agung, buku panduan e-court (the electronic justice system). undang-undang dasar tahun 1945 undang-undang nomor 48 tahun 2009 tentang kekuasaan kehakiman undang-undang nomor 19 tahun 2016 tentang transaksi dan informasi elektronik http://creativecommons.org/licenses/by-sa/4.0/ https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/813-tata-urutan-persidangan-perkara-perdata https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/813-tata-urutan-persidangan-perkara-perdata https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia https://badilag.mahkamahagung.go.id/seputar-ditjen-badilag/seputar-ditjen-badilag/bagaimana-pengadilan-menghadapi-pandemi-covid19-diskusi-virtual-ditjen-badilag-dan-family-court-of-australia yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 peraturan mahkamah agung nomor 1 tahun 2019 tentang 2019 tentang administrasi perkara dan persidangan di pengadilan secara elektronik undang-undang nomor 8 tahun 1997 tentang dokumen perusahaan. undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik. warjiyati, sri, (2018). memahami dasar ilmu hukum: konsep dasar ilmu hukum, prenadamedia group), jakarta. mahkamah agung ri, e-court, era baru beracara di pengadilan, http://ditjenmiltun.mahkamahagung.go.id/index.php?option=com_content&view=article&i d=2816:e-court-era-baru-beracara-dipengadilan&catid=114:umum diunduh pada tanggal 02 oktober 2018 http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 147 overmacht as the basis of giving stimulus to bank customers affected by covid 19 hascaria budi prasetyo faculty of law, mayjen sungkono university mojokerto e-mail: hascariabudiprasetyo89@gmail.com abstract the covid 19 pandemic has seriously hurt the global economy both at micro and macro levels. the impact of the covid 19 pandemic in the form of workers losing their jobs and several business sectors unable to operate again, this causes debtors to be unable to pay off creditors' debts and causes defaults in accordance with agreements agreed upon by banks and debtors. the impact of covid 19 can be categorized as a state of force / overmacht, so that the government through the financial services authority makes a rule that banks can provide stimulus facilities for bank debtors as. this study aims to determine the limit of the stimulus provided by banks to debtors who are affected by covid 19. keywords: overmacht, credit, covid 19 1. introduction everyone can make an agreement with the bank to request credit assistance which is bound in writing in a credit agreement for a certain amount and time that has been agreed upon. before giving credit, the bank has made research on the debtor regarding the feasibility of the customer profile and the risks faced by the customer and the bank. payment of credit installments may experience obstacles in the form of the customer's inability to pay installments. to avoid a large enough credit risk, the bank asks for certain collateral such as land and buildings bound in an agreement granting a title to the certificate. during the covid 19 pandemic the debtor had difficulty funding until it was too late to even be unable to pay installments. reporting from the media kontan.co.id stated that there was a financial phenomenon, namely the rampant debt restructuring affected by the pandemic, which could not completely reduce the ratio of non-performing loans. a number of banks still recorded an increase in the ratio. based on data from the financial services authority (ojk), as of april 2020, gross non-performing loans (npl) had been 2.89%, a significant increase compared to december 2019 of 2.53%. this ratio is also higher than the monthly average ratio in 2019 of 2.59%. the government as the authority that regulates banking provides solutions to debtors who are affected by covid 19 in the form of stimulus to avoid bad credit which will affect banks and the national economy. the argument for giving the stimulus can be categorized because of a force / overmacht condition that causes the debtor's customer to default on the contents of the agreement. furthermore, the legal aspects of the overmacht will be examined as a basis for providing http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 148 stimulants to bank debtors affected by covid 19. this legal research will be aimed at bank debtors and other parties as sources in taking steps to request credit stimulus assistance. it is hoped that this legal research will benefit all parties. the formulation of the problems in this study include the credit agreement between the bank and the debtor customer in its implementation and the overmacht as the bank's foundation in providing stimulus to customers. 2. research methods this legal research is a normative legal research meaning normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues faced (peter mahmud marzuki, legal research, 2011). in this study, the problem approach method is used, namely the statutory approach and the conceptual approach. the statutory approach is carried out by examining all laws and regulations relating to the legal issue being handled. the conceptual approach departs from the views and doctrines developed in the science of law. studying views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, new legal knowledge will be found. the formulation of the problem will then be analyzed with the existing concepts and theories. in this study, researchers used primary legal materials which were authoritative legal materials. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. secondary legal materials are in the form of all legal publications that are not official documents. publications on law include text books, legal dictionaries, legal journals, and commentaries on court decisions. in this research, the secondary legal materials used include books in the field of law, papers, articles, and theses. 3. discussion credit agreement between bank and debtor customer in the implementation of the agreement according to article 1313 bw is a legal action of a person or persons who bind themselves to one another. an agreement creates a bond between the parties which in civil law is referred to as an agreement. basically everyone has the freedom to make agreements in order to fulfill security and legality before the law without any elements of coercion, error, fraud. an agreement to be valid according to applicable law must fulfill the elements of article 1320 bw including: a. agree, b. legal competence, c. a certain thing. d. what is allowed the terms of agreement and legal competence are called subjective conditions, because these two conditions relate to the legal subject who entered into an agreement. meanwhile, the legal requirements of an agreement are in the form of a certain thing and the causes that are allowed are called objective conditions because they are linked to the object being agreed upon. the meaning http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 149 of agreeing in article 1320 the first paragraph relates to the agreement of the parties to make an agreement and results in a reciprocal relationship between the parties. the second condition is the validity of the agreement regarding the ability to make an agreement, in the formulation of article 1329 bw it is stated that each person has the authority to bind himself to another person, unless he is declared legally incapable for that matter. several types of agreements have been regulated in bw which are referred to as named or special agreements as listed in chapter v chapter xviii. meanwhile, agreements that are regulated outside bw can be referred to as anonymous agreements. one of the anonymous agreements, namely the credit agreement is often used by financial institutions such as banks. talking about banking, it is referred to as a system related to banks, institutions, bank business, and procedures in carrying out business activities. the legal basis for banking in indonesia is regulated by act number 7 of 1992 concerning banking as amended by act number 10 of 1998 concerning banking. if banking is related to systems and institutions, the term bank is different from banking. the definition of a bank is contained in article 1 (2) of the banking law, which is a business entity that carries out activities to collect a number of funds obtained from the public in the form of deposits and then channeled in the form of credit with the aim of improving the people's standard of living. banks in performing an intermediary function based on the banking law and its amendments provide credit to borrowers who need these funds. the credit provided by the bank to debtor customers is stated in the credit agreement with the customer first meeting the terms and conditions given by the bank. referring to article 1 (11) of the banking law and its amendments, it explains the elements of credit, including: a. bank activities in the form of provision of money or claims b. being tied to a creditagreement creditis one of the efforts carried out by the bank, in practice between the customer and the customer is bound in a credit agreement which contains the provisions of the debtor's obligation to pay off credit costs with a term and interest and other fees that have been agreed as in the agreement (hermansyah, hukum indonesian national banking, 2009). before giving credit, banks are required to make an analysis of the debtor who receives credit. debtor analysis is an action based on the prudent banking principle. the definition of the principle of prudence is a legal principle which explains that it is the obligation of a bank to carry out its functions and business activities to be prudent in providing protection for the funds entrusted to it. following up on the precautionary principle, the results of the assessment by the bank will get an estimate of the level of risk that will be borne if they approve the credit requested. (siswanto sutojo, commercial bank credit analysis concepts and techniques, jakarta, 1995). reported from munir fuady's opinion, that banks make analysis using the 5p method of prospective customers before providing financing or credit, including: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 150 a. party (parties) credit agreements made by the bank are made in a format that has been made to shorten time. credit agreements are generally made in writing, in bank practice the form of a credit agreement can be made under hand or made in front of a public official or notary b. purpose of lending it is obligatory for banks to provide an assessment of the target of lending. c. payment (payment) in this case the bank assesses the ability to pay customers against installments d. profitability (profitability) bank will make a profitability analysis of the debtor's business e. protection (protection) credit has a high risk so the bank needs a guarantee or certainty for credit by the debtor company. forms of protection for credit can be in the form of guarantees from holding, or personal guarantees of company owners. the guarantee aims for the bank to be certain about the installment payment. it is expected that customers in paying credit installments will not experience problems with the aim of avoiding bad credit which will affect the country's economy. overmacht as the foundation for the bank in providing stimulus to customers banks in carrying out the intermediation function may experience a risk, one of the risks often experienced by banks in providing credit to customers is the risk of default / late payment. default in civil law is known as default. the definition of default is a party that does not fulfill the obligations as applied to an agreement or agreement, does not fulfill the obligations in an agreement, can be caused by two things, namely the debtor's fault, whether intentional or due to negligence and due to compelling circumstances (overmacht / force majure). (djaja s. meliala. bond law in bw perspective, nuansa aulia. bandung, 2012). debtors who are affected by covid 19 can be given credit restructuring facilities under the pretext of forcing / overmacht conditions. according to rachmat ss soemadipraja, the specific meaning of overmacht is not explained. there is a theory that an overmacht consists of an objective overmacht and a subjective overmacht. the purpose of the objective overmacht is that everyone cannot do the engagement at all. a subjective overmacht is an unfulfilled achievement due to certain / difficult factors. (rachmat ss soemadipraja, explanation of law on forced circumstances, gramedia, jakarta, 2010, p. 32). bw regulates the state of force in articles 1244 and 1245 bw. formulation of article 1244 bw. the formulation of the problem of article 1244 bw regulates that if there is a reason for this, the debtor must be punished with compensation for costs, losses and interest, if he does not http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 151 prove that the thing was not implemented or was not carried out at the right time because of an unexpected thing, even cannot be accounted for to him, all of that even if bad faith is not on his part. meanwhile, article 1245 bw determines that costs, losses and interest must be replaced, if due to coercive circumstances or due to an accidental situation, the debtor is unable to provide or do something that is required, or because of the same things he has committed an act which forbidden. based on the causes of force majeure / overmacht due to natural conditions, namely a forceful situation caused by a natural event that can not be predicted and avoided by everyone because it is natural without an intentional element, for example floods, landslides, earthquakes, storms, mountains erupted, and so on. overmacht due to an emergency, namely a coercive situation caused by an unreasonable situation or condition, a special situation that is immediate and short-lived, unpredictable, for example wars, blockades, strikes, epidemics, terrorism, explosions, mass riots, including in it there is damage to a tool which causes an engagement to not be fulfilled. overmacht due to government policies or regulations, namely a compelling situation caused by a situation where there is a change in government policy or the abolition or issuance of new policies, which have an impact on ongoing activities, for example the issuance of a government regulation (central or regional) which causes an object of the agreement / engagement to be impossible to implement. from the provisions regarding force majeure in bw, it can be seen that a force majeure or overmacht is an unexpected, unintentional event that cannot be accounted for to the debtor and is compelling, in the sense that the debtor is forced to not keep his promise. the debtor is required to prove that the default is due to coercive circumstances. to be able to say it is a force majeure, it is necessary to fulfill the elements as discussed above. a certain event or condition may not be categorized as force majeure if it was foreseen or due to negligence and / or error of one or the parties in the agreement that particular event occurred. another thing that also arises in connection with force majeure events or conditions is the consequences that follow. the existence of a force majeure event brought consequences or consequences for lex privatum, vol. iv / no. 2 / feb / 2016 176 law that the creditor cannot demand achievement and the debtor is no longer declared in default. thus, the debtor is not obliged to pay compensation, and in the reciprocal agreement the creditor cannot demand cancellation because the agreement is considered null and void. so, the discussion about force majeure is related to the impact on the agreement itself and the issue of risk. based on the jurisprudence and decision of the supreme court, the scope of the types of force majeure events includes: 1. the risk of war, loss of the object of the agreement caused by the power of the most high: struck by lightning, fire, confiscated by the japanese army during the war. 2. act of god, administrative actions of the authorities, orders from those in power, decisions, all administrative actions that determine or bind, a sudden event that cannot http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 152 be resolved by the parties to the agreement 3. government regulations. both pn and pt stated that what was stated by the defendant super radio company nv could not be used as an excuse for force majeure because if the defendant could not get an ajs motorbike from nv danau due to the issuance of government regulations (kpui) on the prohibition of importing more than one brand motorbike, in order to fulfill his obligations to the plaintiff, he must try / try to get the motorcycle from nv ratadjasa or by other means, as long as it does not violate the law. both pn and pt stated that the defendant super radio company nv had neglected their obligations. 4. accidents at sea, for example a ship sinking because a big wave hits the hull of the ship . 5. an emergency. completely unpredictable and / or highly compelling situations or circumstances that occur outside the control of the party that has to perform. (rachmat ss soemadipradja: in: decision ma ri reg. no. 15 k / sip / 1957; no. 24 k / sip / 1958; no. 558 k / sip / 1971; no. 409 k / sip / 1983; no. 3389 k / sip / 1984; no. 409 k / sip / 1983; 21 / pailit / 2004 / pn.niaga.jkt.pst. in the journal of force majeure law studies according to article 1244 and article 1245 of the book of law civil law by daryl john rasuh, lex privatum, vol. iv / no. 2 / feb / 2016)14/15 credit restructuring is regulated in bank indonesia regulation number/ pbi / 2012 concerning asset quality assessment for commercial banks, article 52 states that banks may only perform debt restructuring against debtors who meet the following criteria: a. debtors experiencing difficulties in paying credit principal and / or interest; and b. the debtor still has good business prospects and is considered capable of meeting obligations after the credit restructuring. not all loans can be restructured, in article 53 of the pbi asset quality assessment for commercial banks, that banks are prohibited from conducting credit restructuring with the aim of improving credit quality or avoiding increasing the formation of ppa, without paying attention to the criteria for debtors as referred to in article 52. then in article 54 pbi asset quality assessment for commercial banks, it is stated that banks are required to apply the credit restructuring accounting treatment in accordance with the applicable financial accounting standards. to provide credit restructuring services, banks are required to have credit restructuring policies and procedures in accordance with article 55 pbi asset quality assessment for commercial banks. the covid 19 virus has had a direct or indirect impact on the performance and capacity of debtors in fulfilling credit or financing payment obligations, this has an impact on the performance and capacity of debtors which will increase credit risk which has the potential to affect banking performance and financial system stability so that it affects economic growth. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 153 to maintain the stability of the banking financial system and support economic growth, it is necessary to take economic stimulus policies as a countercyclical impact of the spread of coronavirus disease 2019 (covid-19), the republic of indonesia financial services authority regulation number 11 / pojk.03/2020 concerning national economic stimulus as a countercyclical policy has been stipulated. impact of coronavirus disease 2019. article 2 pojk number 11 / pojk.03/2020 provides a legal basis for banks to be able to implement policies that support economic growth stimulus for debtors affected by the spread of coronavirus disease 2019 (covid-19) including micro, small business debtors , and medium. policies that support the stimulus for economic growth include: a. policies for determining asset quality; and b. credit or financing restructuring policies. in implementing policies that support the stimulus of economic growth, banks are required to pay attention to the implementation of risk management as stipulated in legislation. in the event that the bank implements a supportive policy. in pojk number 11 / pojk.03/2020 there is a standard guideline for determining debtors who are affected by the spread of covid-19 which at least includes: 1. criteria for debtors who are determined to be affected by the coronavirus disease 2019 (covid-19); and 2. sectors affected by covid-19 article 5 pojk number 11 / pojk.03/2020 states that the quality of restructured credit or financing is determined to be smooth since the restructuring can be carried out on credit or financing given before or after the debtor is affected by the spread of coronavirus disease 2019 (covid-19), including business debtors. micro, small, and medium. credit for a bpr or financing for a restructured bprs is exempted from the application of the accounting treatment for credit or financing restructuring. based on article 6 pojk number 11 / pojk.03/2020, it is required that restructuring be given to debtors who are affected by the spread of coronavirus disease 2019 (covid-19) including micro, small and medium business debtors and be restructured after the debtor is affected by the spread of coronavirus disease 2019 ( covid-19) includes micro, small and medium business debtors. apart from restructuring, other stimulants provided to debtor customers can be in the form of credit or other new funding to debtors affected by covid 19 based on article 7 pojk number 11 / pojk.03/2020 that banks can provide credit or financing and / or provision. other new funds for debtors affected by the spread of coronavirus disease 2019 (covid-19), including micro, small and medium business debtors. determination of the quality of credit or financing and / or other new provision of funds is carried out separately from the quality of credit or financing and / or other provision of funds previously granted. determination of the quality of credit or financing and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 154 / or other new provision of funds is determined as follows: a. for credit or financing and / or other new provision of funds with a maximum ceiling of rp.10,000,000,000.00 (ten billion rupiah), quality determination credit or financing and / or other provision of funds as referred to in article 3 paragraph (1) or article 4 paragraph (1); or b. for credit or financing and / or other new provision of funds with a ceiling of more than rp.10,000,000,000.00 (ten billion rupiah), determination of the quality of credit or financing and / or other provision of funds in accordance with the provisions of the financial services authority regulations. regarding asset quality assessment. 4. conclusion covid 19 can be categorized as a state emergency, in civil law it can be included in a state of force or referred to as an overmacht and to improve economic stability and banking performance, ojk has provided solutions for debtors affected by covid 19 in the form of credit restructuring and new funding. it is hoped that through this program, debtors can pay installments and reduce bad credit. references abdulkadir muhammad, (2010). indonesian civil law, bandung: citra aditya bakti. djaja s. meliala, (2012). engagement law in bw perspective, bandung: aulia nuance. hermansyah, (2009). indonesian national banking law, jakarta. m yahya harahap (1986). in terms of agreement law, bandung: alumni. marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group. sutojo, siswanto,(1995). commercial bank credit analysis concepts and techniques, jakarta. marilang (2013), an agreement that was born from the agreement, makassar: alauddin university press. riduan shyahrani, (1992). ins and outs and principles of civil law, bandung: alumni. salim, hs (2008). introduction to written civil law (bw), jakarta: sinar grafika. salim ,, h.s,(2010). contract law theory & contract preparation techniques, jakarta: sinar grafika. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 43 legal gap in the determination of moderate wound by forensic doctors on visum et repertum in criminal case wahyu putra pratama, s.kep. faculty of law, university of hang tuah surabaya e-mail: waputs@gmail.com abstract the present research is about “legal gap in determination of moderate wounds by forensic pathologists on visum et repertum in criminal court”. there is a problem that legal concept of moderate wound on visum et repertum and legal gap for determining the state of moderate wounds by forensic pathologists at visum et repertum. this is a normative research with conceptual approach, statute approach, and case approach. legal experts acknowledge moderate wound, which is a kind of wound or injury in between a minor and severe conditions. a legal gap created by the absence of moderate wound in law which is a familiar term criminal court. regarding forensic pathologists competensies, they determine moderate injuries victims whose have economic impaired without physical disturbance. keywords: legal gap, moderate wound, visum et repertum 1. introduction for the purposes of the judiciary, in dealing with a victim, whether injured, poisoned or dead which is suspected to be due to an event which constitutes a criminal act, the investigator is authorized to submit a request for expert information from an expert in judicial medicine or a doctor or other expert. this article explains that the medical profession especially forensic doctor has an important role as an expert witness in examining victims of criminal acts as requested by investigators. for investigators (police/military police) visum et repertum (ver) is useful for revealing cases. for public prosecutor information is useful for determining the articles to be accused. meanwhile, for judges as formal evidence to impose a sentence or release someone from legal prosecution (rudianto & roesli, 2019). forensic doctors can determine whether a person's injuries, unhealthy conditions and death are caused by a criminal act. forensic doctors can provide assistance in the judicial process by: 1) examination at crime scenes; 2) examination of living victims; 3) examination of dead victims; 4) examination of the suspect; 5.) excavation of the corpse and 6) examination of evidence originating from or suspected of being a human body. in making ver, the forensic doctor can also determine the type of wound of the victim. this is required for the legal process of the perpetrator who gave injury to the victim in terms of the degree of the wound. types of wounds written by forensic doctors are: 1) minor injuries; 2) moderate injuries; 3) serious injury. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 44 there is no legal basis for determining moderate injury. however, forensic doctors often write this in the visum et repertum. for the investigation process, the forensic doctor's statement when writing the ver is very important because it is needed in the judicial process. this information can be used as a reference for judges to decide cases of the severity of the sentence for the convicted person. determination of moderate injuries on post mortem et repertum is a legal gap found in the field and requires legal politics for its resolution. 2. research methods this is a normative study with a conceptual approach, statute approach and case approach. normative legal research is legal research that is carried out by examining library materials or secondary data. this research is also called doctrinal legal research, library research, or documentary studies. conceptual approach is an approach that departs from the views and doctrines developed in the science of law. by studying the views and doctrines in the science of law, the researchers can find ideas that form legal notions, legal concepts, and legal principles that have relevance to the issues at hand. statute approach is an approach used to study and analyze all laws and regulations that are related to the legal issues that are being addressed. for example, if one studies about law number 48 of 2009 on judicial power, then what is studied in this law, covers the basics of law and its synchronization, i.e law number 48 of 2009 on judicial power with the constitution of 1945. the case approach can be done by conducting a study of cases related to the issues at hand that have become court decisions that have permanent legal force. the main object of study in the case approach is the ratio decidendi or reasoning, namely the court's consideration to arrive at a decision. in the approach, there are several cases that are reviewed for reference to a legal issue, while a case study is a study of a particular case from various legal aspects. 3. results and discussion visum et repertum (ver) is an investigation conducted by a doctor at the request of the police as the investigator regarding injuries to the human body. in the judicial process, visum et repertum is useful as evidence that meets various matters of judicial requirements with medical record writing standards. the term ver is not found in the criminal procedure code (kuhap) and rib (the revised indonesian reglemen), but only in staatsblad no. 350 of 1937 concerning reperta visa. visa reperta is latin, visa means testimony or acknowledgment of seeing something; and reperta means report. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 45 based on the type of crime, visum et repertum is divided into 4 (four) forms: a. injury ver (including poisoning) the purpose of forensic medical examination of a living victim is to determine the cause of the injury/illness and the severity of the injury or illness. this is intended to fulfill the formulation of offenses in the criminal code. b. sexual crime ver in general, victims of sexual crimes whose ver is requested from the doctor are cases of suspected sexual intercourse which are threatened by the criminal code. intercourse which is punishable by the criminal code includes rape, sexual intercourse with a defenseless woman and sexual intercourse with a woman who is underage. for the purposes of the judiciary, the doctor is obliged to prove the existence of intercourse, the existence of violence (including the administration of poison/drugs/substances to make one helpless and the age of the victim. in addition, doctors are also expected to check for sexually transmitted diseases, pregnancy, and psychiatric/psychiatric disorders as a result of these crimes. c. corpse ver forensic examination of the corpse includes examining the outside of the body without taking any action to destroy the integrity of the body's tissue. the examination is carried out in a thorough and systematic manner and was recorded in detail which was found all over the outside. a thorough post-mortem examination is performed by opening the skull, neck, chest, abdomen and pelvis. this is sometimes done with the necessary investigations, for example histopathology, toxicology, and serology. d. psychiatry ver this is intended for the suspect or accused as the perpetrator of a criminal act, not for the victim like other vers. in addition, ver psychiatry describes the human psyche, not the physical or the human body. the wound classification in visum et repertum: serious injuries are: 1) falling sick or receiving injuries without the possibility of a complete recovery, or which pose a deadly danger; 2) not being able to continuously carry out job duties or job search; 3) losing one of the five senses; 4) has serious disabilities; 5) suffering from paralysis; 6) impaired thinking for more than 4 weeks; 7) death of a woman's womb. the elucidation chapter of article 229 paragraph (3) of law states that "minor injuries are injuries that cause the victim to suffer pain which does not require inpatient care in a hospital or other than those classified as serious injuries". ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 46 the criminal code does not mention the definition of a medium wound. one of the articles in the criminal code mentions such wounds and causes disease and obstruction, yet it does not mention in detail about medium wounds. "anyone who causes injury to others in such a way as to cause illness or obstruction to carry out a job or search for a certain period of time, threatened with imprisonment for a maximum of six months or a maximum fine of three hundred rupiah". a wound or injury that lies between a minor wound and a serious one can be considered a moderate wound. for this type of violence, avoid using the words "blunt object" or "sharp object". in law enforcers' perspective, there must always be physical "objects" such as wood, stone and so on (for blunt objects) or knives, razors and so on (for sharp objects). a wound is not always caused by an "object", for example a bruise can be caused by a hand hit. the above case is classified as a second degree (moderate) wound because it requires treatment, has a fracture and affects a vital organ, namely the head. in the conclusion, we should not write second degree as a classification of injuries, but instead write it according to the sentence in the criminal code so that it will make it easier for law enforcement officials to make charges. in contrast to the case of dead victims, in the case of living victims, doctors are expected to understand the injury based on the pathophysiology and biomechanics of trauma. the combination of anatomical and physiological injury measurements is the ideal measurement for determining wound classification. examples of moderate injuries that have permanent legal force in indonesia: decision number 484/pid.b/2012/pn.sbg. according to visum et repertum number: 0744/001/rsud/iii/2012 dated march 6, 2012 signed by dr. yonatan lukas, a doctor at pandan regional hospital, a victim had an open fracture of the fourth finger of the second segment of the right leg, a torn wound on the fourth finger of the right leg and an abrasion on the ring finger of the left foot. the wound was thought to be due to blunt trauma. considering, that the defendant has been submitted to court with the following indictment: first: primair: violating article 310 paragraph (3) of law no. 22 of 2009 concerning road traffic and transportation. second: subsidair: violating article 310 paragraph (2) of law no. 22 of 2009 concerning road traffic and transportation.or second: primair: violating article 360 paragraph (1) of the criminal code. subsidair: violating article 360 paragraph (2) of the criminal code. considering, that with the fulfillment of all the elements of 310 paragraph (2) of the republic of indonesia law no. 22 of 2009, the assembly is of the opinion and concurs with the public prosecutor in their criminal charges that the public prosecutor's indictment on the one subsidair alternative charge has been legally and convincingly proven. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 47 to declare that the defendant romasti manalu was proven and convincingly guilty of committing a criminal act "because his/her negligence resulted in a traffic accident in which the victim suffered minor injuries and damage to the vehicle". 1. sentenced the defendant romasti manalu with imprisonment for 3 (three) months. 2. to stipulate that the defendant does not need to serve such imprisonment unless there is a judge's decision for that if the defendant commits a criminal offense which is punishable before probation for 6 (six) months. 3. order the evidence in the form of: a) 1 (one) unit of honda blade bb 5829 mm. b) 1 (one) yamaha vega bb 3977 nh motorcycle. to be returned to the rightful owner. 4. to burden the defendant with the court fee of rp. 1,000, (one thousand rupiah). conclusion of decision number 484/pid.b/2012/pn.sbg is charged under article 310 paragraph (2) of law no. 22 of 2009 because it fulfills the element of whoever is, negligence causes direct harm, results in minor injuries and damage to the vehicle and is tried with imprisonment for 3 (three) months. prior to imposing a sentence, the judge needs to consider incriminating matters and mitigating matters. the aspect that incriminated the defendant was an act that injured another person. aspects that helped out the defendant include 1.) the defendant behaved politely in court; 2.) the defendant confessed the actions; 3.) the defendant has never been convicted. from these considerations, the judge has the right to determine the severity of the criminal verdict. there is a gap in several cases in indonesia that forensic doctors determine the condition of moderate wounds in a visum et repertum, while the criminal code does not regulate the criminal law. 4. conclusion there is a definition of moderate injury according to legal experts i.e "a wound or injury that lies between a minor injury and a serious injury can be considered moderate injury". there is a legal gap due to the absence definition of injury in the law yet it appears in criminal cases. forensic doctors with competence determine the condition of moderate injuries to victims whose livelihoods are impaired and whose physical condition is not disturbed. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 48 references afandi, d. (2017). tata laksana dan teknik pembuatan visum et repertum. in university of riau press (vol. 2). aflanie iwan. (2017). ilmu kedokteran forensik & medikolegal. rajawali pers. fatriah, s. h., sampurna, b., & firmansyah, a. (2017). analisis medikolegal terhadap kriteria derajat luka menurut kitab undang-undang hukum pidana. journal indonesian medical association, november 2017, 514–521. ishaq h. (2017). metode penelitian hukum penulisan skripsi, tesis, serta desertasi. alfabeta. moeljatno. (1959). kitab undang undang hukum pidana. pt bumi aksara. putusan, d., agung, m., indonesia, r., keadilan, d., ketuhanan, b., & maha, y. (2012). putusan nomor 484/pid.b/2012/pn.sbg. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. soerjono soekanto, s. m. (2012). penelitian hukum normatif suatu tinjauan singkat. raja grafindo persada. uu no. 22 tahun 2009. (2009). uu no.22 tahun 2009.pdf. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 juridical implication of falsification of signature in minutes of deed of notary position (study of the supreme court's decision number 1234 k / pid / 2012) reza ardiyanto,s.h./moh. saleh, s.h., m.h. faculty of law, narotama universty surabaya e-mail: reza.ardianto11@gmail.com/saleh.nwa@gmail.com abstract problems in this study, first: how is the juridical implications forged the signatures on the minutes of the deed of the notary on the supreme court judgment no. 1234 k / pid / 2012? second, how is the legal effect of the minuta deed falsified by a notary? this study is normative, normative legal research. the study concluded, first: implications for the post of notary can be categorized into four (4) aspects namely,i) the implications of the engagement deed, ii) aspects of the administrative office; iii) professional aspects of the membership; vi), the criminal aspect. second, as a result of the law of minuta certificates were forged by a notary which resulted in deed only has the strength of evidence as the deed under hand, if the parties could prove the authentic act proficiency level in the trial court and resulted in the deed can be canceled and the strength of evidence as the deed under hand will not apply continuing involvement. keywords: notary, forgery of signatures, suspect 1. introduction the notary public official has a central role in upholding the law in indonesia, because in addition to the large quantity of notaries, the notary is known to be an elite in indonesia. society still needs a writer as long as there is writing, especially to serve those who do not master writing. the intended author will act as a witness for those who need it. the writing is clear and trustworthy and states what is done by those who ask for help. this function of writing skills is the basis of what is today called the notariat.1 notary is a respectable profession and is always related to morals and ethics when carrying out their duties. when carrying out their duties, the notary / ppat holds fast and upholds the dignity of his profession as an honorable position. because sticking ethics to the notary profession is called a noble profession (officium nobile).2 1 soertardjo soemoatmodjo, apakah notaris pejabat pembuat akta tanah pejabat lelang, liberty, yogyakarta, 1986, hlm3. 2 abdul ghofur anshori, lembaga kenotariatan indonesia,perspektif hukum dan etika, uii press, yogyakarta, 2009 hlm.6. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 the notary definition, contained in article 1 paragraph 1 of law number 2 of 2014 concerning the position of notary that states "notary public is authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws. "3 notary as a free human being and an important element in national development must be attached to the characteristics of humanism given its significant role in social traffic, the notary public as an authorized state official makes the deed more or less influential on the rights and obligations of the parties facing him, the existence legalization of a notary is indeed very necessary to prove the existence of an act and certain rights and obligations.4 the notary public is also obliged according to the notary's code of ethics, namely service ethics to clients, as a notary public official can provide legal services to the public who need his services as well as possible, completing the deed until the registration stage at the district court and announcements in state court, if the client the person expressly stated that he would submit his management to the notary concerned and his client would fulfill the necessary conditions.5 the authentic deed essentially contains formal truth in accordance with what the parties told the notary. however, the notary has the obligation to ensure that what is contained in the notarial deed is truly understood and in accordance with the wishes of the parties, namely by reading it so that it becomes clear the contents of the notary deed, as well as providing access to information regarding the relevant laws and regulations for the parties to the deed (yustianti & roesli, 2018). thus, the parties can determine freely to approve or disapprove the contents of the notarial deed to be signed. the signature on an authentic deed serves as a sign of agreement on the obligations attached to the deed.6 minutes of deed can be said to be the life of a notary, in the minutary it contains the wishes of the parties or parties and at the end of the deed the signatures of the parties and the notary public are signed. before the deed is signed, the notary is obliged to read the contents of the deed so that the parties understand it. even if it is not read, the parties must initial each deed. a copy of the deed is a verbatim copy of the entire deed and at the bottom of the deed is the phrase "given as an exact copy." it is intended for clients who request that the deed be made before a notary. making a copy of the deed must be guided by the minutes of the deed. a copy of the deed comes after the minutes of the deed were made by a notary. the definition of a copy of a deed is clarified in article 1 number 9 of the uujn, which is a verbatim copy of the entire deed and at the bottom of the copy of the deed the phrase "is given as a copy of the same sound". in the copy of the deed there is a notary statement starting from the beginning of the deed and the end of the deed. 3 pasal 1 ayat 1 undang-undang republik indonesia nomor 2 tahun 2014 tentang jabatan notaris 4 abdul ghofur anshori,op. cit... hlm 5. 5 sudikno mertokusumo, hukum acara perdata indonesia, liberty, yogyakarta, 1998, hlm 149. 6 www.fairuzelsaid.wordpress.com/cyber-law-tanda-tangan-digital/ diakses sabtu 17 mei 2020. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 the beginning of the deed states that the parties have faced the notary and at the end of the deed there is information about the minutes of the deed that has been signed completely and the copy is the same. the purpose of the same sound is a copy of the exact same contents as the minutes of the deed.7 the problem that arises is in the case which has received a decision from the supreme court of the republic of indonesia number 1234 / k / pid / 2012 which makes the notary and ppat ny. endang murniati, sh, a notary in sleman regency who has been proven legally and convincingly guilty of committing a criminal act that is making the minutes of the deed by faking the challenge sign, where the complainant suffered a material loss due to the defendant's actions. this is reinforced by the evidence of the minutes of the criminalistic laboratories lab. 416 / dtf / iv / 2011 dated may 3, 2011 signed by yayuk murti rahayu bsc, drs. moh. arief buudiarto, and budi santoso, s.sc. which concluded that the signature of ir. gregory daryanto or the sign is a different signature in the deed of sales authorization number 51, selling power of attorney number 52 and purchase agreement number 65. based on the incident the notary endang murniati, sh, was sued by the public prosecutor with article 263 paragraph 1 and article 264 paragraph 1 of the criminal code (hereinafter referred to as the criminal code) on charges of making fake letters / documents. formulation of the problem first, what is the juridical implication of falsifying signatures on the minutes of the deed against the position of the notary public on the decision of the supreme court number 1234 k / pid / 2012? second, how is the legal effect on the minutes of deed that was falsified by a notary? research purposes this study aims to, first, find out the juridical implications of falsifying signatures on the minutes of deed on the notary position on the decision of the supreme court number 1234 k / pid / 2012. second, to find out the legal consequences of the deed minutes that were falsified by a notary. 7 mulyoto, perjanjian (teknik,cara membuat, dan hukum perjanjian yang harus dikuasai), cakrawala media, yogyakarta, 2011, hlm. 8. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 2. research methods this type of research is normative research, so that more than one research approach can be used.8 while the object of this research is "juridical implications of falsification of signature on minutes of deed of notary position." (study of supreme court decision number 1234 k / pid / 2012) ". while the research material collection is done by studying data that has a relationship with the problem, obtained from secondary data supported by primary data in the form of interviews with resource persons, secondary data is data obtained from library materials.9 3. research results and discussion juridical implications of falsification of signals in the minutes of deed on the position of notary on the decision of the supreme court number 1234 k / pid / 2012 chronological in the supreme court decision number 1234 k / pid / 2012, case that occurred in yogyakarta, where the case between the defendant is notary ny. endang murniati, sh with victim witness namely ir. gregorius daryanto, the case has obtained permanent legal force from the supreme court number 1234 k / pid / 2012. whereas in the beginning of june 2004 the victim witness ir. gregorius daryanto was contacted by telephone by witness hendricus mulyono telling that there was someone who was interested and wanted to buy witness' land owned by ir. gregorius daryanto, then on june 5, 2004 dra. mawar muria rini (defendant in a separate case) accompanied by witness hendricus mulyono and witness edi purwanto came to the witness' house ir. gregorius daryanto with the intention to discuss the continuation of buying and selling land owned by witnesses ir. gregorius daryanto, after the bargaining was finally agreed the land was sold, then dra. mawar muria rini is willing to pay in cash to witness ir. gregorius daryanto while the rest of the payment will be paid by land swap dra. mawar muria rini, to follow up the sale and purchase by way of land swaps between witnesses ir. gregory daryanto with dra. mawar muria rini, on june 10, 2004 around 11:00 wib. witness ir. gregorius daryanto along with witness hendricus mulyono came to the defendant's office of notary / ppat endang murniati, sh having his address at jalan colombo no. 2a caturtunggal, depok, sleman, then at the notary / ppat office met with dra. mawar muria rini and defendant endang murniati, sh subsequently by defendant endang murniati, sh explained to witness ir. gregory daryanto and dra. mawar muria rini witnessed by henricus mulyono about the planned land swap between witnesses ir. gregory daryanto with dra. mawar muria rini. witness ir. gregory daryanto was immediately asked by defendant endang murniati, sh to sign a letter prepared by defendant endang murniati, sh, but 8 johnny ibrahim, teori dan metodologi penelitian normatif, bayumedia publising, malang, 2012, hlm. 300. 9 soejono soekanto, penghantar penelitian hukum, ui-press, jakarta, 2009 , hlm. 51. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 witness ir. gregory daryanto at that time did not have time to read the entire contents of the letter. thing this was carried out by witness ir. gregorius daryanto because the witness believed the defendant notary / ppat endang murniati, sh, that the letter the witness signed was a bolt exchange agreement, not a land purchase certificate and at the beginning of the witness arrival ir. gregory daryanto who was accompanied by witness hendricus mulyono had heard what was said and asked by defendant endang murniati, sh about the plan of land swaps between witnesses ir. gregory daryanto and dra. mawar muria rini. the judge in the decision of the supreme court no. 1234 k / pid / 2012 believed to be guilty of committing the crime of "forming letters in the form of authentic dictions", such as forging signatures. based on this category the notary is subject to 4 kinds of juridical implications for the notary position. implications of deed of agreement according to the author, the judge's conviction is indeed in accordance with what is in article 48 paragraph (1) of law number 2 of 2012 concerning the position of notary, that the contents of the deed are prohibited to be changed by: 1. replaced; 2. added; 3. strikethrough; 4. inserted; 5. removed; and / or 6. overwritten.notary in this case can be considered as committing and committing a crime, because there is evidence of discrepancy between the signature in the deed and the original signature of one of the parties based on evidence of lab results, but in this case the judge does not see the issuance of the deed made by notary endang murniati . sh .., entirely based on the depositor's statement, is a type of the parties' deed (partij's deed), notary criminal liability arising from the decision is not in accordance with law number 30 of 2004 concerning notary position and act number 2 of 2014 amendment to law number 30 of 2004 concerning notary position. based on article 1 number 7 of law number 30 year concerning position of notary, notary deed is an authentic deed drawn up by or before a notary, according to the form and procedure stipulated in the law. notary deed in this case can be divided into two types / notarial deed types, namely: deed drawn up by a notary (official deed or official deed), that is, a deed made by a notary contains a description of the notary of an action taken on a condition seen or witnessed by a notary. deed that is made before a notary (partij's deed), that is, a deed made before a notary contains a description of what is explained or told by the parties facing the notary. based on the above, a notary deed is a deed made by a notary as a means of proof, in making a deed, a notary must pay attention to these norms in addition to the code of ethics and other statutory provisions. then the author sees the sale and purchase deed no.65 and deed sell no.51 and deed sell no. 52 is made based on all the statements and statements explained by the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 parties, so that the deed is a deed made based on the willingness of the parties (deed partij), so that in making the deed a notary does not have any interest in the contents of the word made. notary endang murniati, s.h .., makes the deed based on the information and statements received, so that all contents and material of the deed are the responsibility of the parties, in the partij acte the notary does not need to prove the material truth of the statements of the parties. according to habib adjie,10 proof of material (materiele bewijskracht), constitutes certainty about the material of a deed, that what is in the deed is a valid proof of the parties making the deed or those who get the rights and apply to the public, unless there is evidence to the contrary (tegenbewijs). statements stated / contained in the official deed (or minutes), or statement or the parties given / submitted before the notary (party deed) and the parties must be judged correct said which then poured / contained in the deed must be assessed as having correctly said, if it turns out that the statements / statements of the parties become incorrectly said, then it is the responsibility of the parties themselves. notary apart from that kind of thing. thus the contents of the notarial deed have certainty as to be true, becoming valid evidence for / between the parties and the heirs and the recipients of their rights. the judge must see that in reality the deed made by notary endang murniati, s.h., is only based on statements, statements and made at the will or request of his client namely ir. gregory daryanto. as a notary in this case only make it in the form that has been determined according to the law, and also the notary public is not a party to the deed, the name of the notary is included in the deed because of the law's order. with regard to the deed, there is no legal relationship anymore, because the deed can be canceled with the existence of proof of untrue to the deed and the strength of proof as the deed under the hand is no longer valid and there has been a decision of the court of the supreme court that already has permanent legal force. aspects of the position of notary administration the notary in carrying out his duties after he reads the deed he should ask for the signature of the registrar because in the absence of a signer on the notary deed can express the notary, the possibility is always there, that a notary is facing a naughty client or (in the case of peace) one cannot overcoming aggravation and the client can always declare unable to write while in reality he is lying, if the notary is correct the person cannot sign the deed he can take his fingerprint and the notary mentions the reason that the user cannot write or is unable to affix his signature. administrative sanctions can take the form of, written warnings, temporary dismissals, dismissal with respect and dismissal with disrespect. 10 habib adjie, menilai pembuktian akta otentik, http;//habibadjie.dosen narotama.ac.id/files/2013/07/menilaipembuktin akta notaris.pdf, dikases pada tanggal 17 mei 2020. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 professional aspects of membership according to the author, the legal implications that can arise from the decision of the supreme court number 1234 k / pid / 2012 when viewed in terms of the profession of membership are as follows: criminal / criminal punishment to the notary will have an impact on the reduction of public trust in the position of notary public, which can lead to legal uncertainty that affects the performance of a notary public. sanctions shown to the notary also constitute awareness, that the notary in carrying out his office duties has violated the provisions regarding the implementation of the office of the notary office as stated in the lawjn. the application of criminal sanctions in court decisions that have obtained legal force which in a judgment ruling punishes a notary public to undergo certain criminal proceedings as the ruling shows criminal liability criminally against a notary who commits acts against the law as regulated in uujn may be subject to sanctions what kind of crime is regulated in the criminal law (kuhp). criminal aspects in essence, sanctions are juridical instruments that are given if obligations or restrictions in the legal provisions are violated.11 disobedience or violation of an obligation is stated in the rule of law which results in an irregularity that is actually not desired by the relevant legal rule. however, the notary may make a mistake in making the deed. errors that may occur, namely: 1. mistyping on the copy of the notary, in this case the error can be corrected by making a new copy that is the same as the original and only the same copy the new original has the same power as the original deed; 2. notary deed form, in this case where the minutes of the meeting should be made but by the notary made as a statement of the meeting; 3. error notary deed contents, in this case regarding the statements of the parties facing the notary, where when making the deed is considered correct but it turns out later to be incorrect.12 if there is a notarial deed at issue by the parties or interested parties, then to settle it must be based on the cancellation and cancellation of the notary deed as a perfect proof. errors that occur in the deeds made by the notary will be corrected by the judge when the notary deed is submitted to the court as evidence. in general, the deed is a signed letter, containing information about events or things that are the basis of an agreement. it can be said that the deed is a writing by 11 tatiek sri djamiati, dalam habib adjie, op.cit. hlm 90 12 mudofr hadi, varia peradilan tahun vi nomor 72, pembatalan isi akta notaris dengan putusan hakim, 1991, hlm. 142-143 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 which a legal action is stated. such deeds are authentic and some are underhanded. the meaning of the word "sign" (ondertekenen) ethymologically (the science of our origin) is easy to find, which is to give a sign (signed) under something, but in the practice of using these words, the definition written above is unsatisfactory and the daily use provide a more specific understanding, which may also be intended by lawmakers cannot be explained from the word "signature". according to hermin hediati koeswadji an act against the law in a criminal context or an act that is prohibited by law and threatened with crime has the following elements: a. objective elements are elements that exist outside of humans which can be in the form of: 1) an act or act that is prohibited and threatened with criminal sanctions, such as falsifying letters, perjury, theft; 2) a certain effect which is prohibited and threatened with criminal sanctions by law, such as murder, ill-treatment; 3) circumstances or things specifically prohibited and threatened with criminal sanctions by law, such as inciting, violating public decency. b. subjective elements are elements found in human beings. thus the punishment of a notary can only be done with restrictions if: 1) there is a legal action from the notary to the formal aspects of the deed which are deliberate, aware and conscious and planned, that the deed made before the notary or by a notary together (agreed) to be made the basis for committing a criminal offense; 2) there is a legal action from a notary in making a deed before or by a notary who if measured based on the notary position act is not in accordance with the amendment law to the said law and; 3) the notary action is not appropriate according to the authorized institution to judge a notary action, this is stated in the notary supervisory board.13 the occurrence of criminal punishment against a notary based on a deed made by or before a notary public as part of the performance of a notary's official duty or authority, without regard to the legal rules relating to the procedure for making a deed and only based on the provisions of the criminal code (kuhp) only, shows there has been a misunderstanding or interpretation of the position of the notary while the authentic deed made by the notary as evidence in the civil law. criminal sanctions are ultimum remedium, which is the last remedy, if sanctions or efforts at other branches of law are not capable or deemed not effective. a notary is required to always take a careful or cautious attitude in addressing each case in his assignment, bearing in mind that a notary has professional capacity both theoretically and practically. based on an interview with a notary, ety ermawati as a notary in the city of yogyakarta, that changes to the uujn so that the notary can avoid violations / legal actions, it is necessary for the notary to be smart in reading the situation with anticipation by making a statement, that what faces properly the truth and at the time of the signing process should be witnessed by two 13 habib adjie, 2005, batasan pemidanaan notaris, jurnal renvoi, nomor 10-22 tanggal 3 maret, h1m. 123 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 witnesses. in practice it was found that legal actions carried out by notaries can actually qualify as a criminal act committed by a notary public. aspects that are used as a limitation in terms of notary violations must be measured based on the amendment law on uujn, meaning whether the deed committed by the notary violates certain articles in the amendment law on uujn that the deed concerned is in accordance with the amendment law on the uujn, but if according to the investigator the act constitutes a criminal offense. therefore, before carrying out further investigation, it should ask for the opinion of experts who know for certain about this matter, namely from the organization of the position of notary. the threat of such sanctions is intended so that in carrying out their duties and positions, a notary is required to be able to be responsible for themselves, clients and also to god almighty. legal consequences for the minutes of actions falsified by a notary public. the legal impacts on the minutes of actions falsified by a notary. one of the legal conditions of the agreement contained in article 1320 of the civil code which contains the agreement of the parties, the ability to act, the existence of a certain thing that was agreed upon and the existence of a legal reason for the agreement. if a deed raises a criminal then the terms of the agreement are seen by the elements of the agreement contained therein. legal experts such as sudikno mertokusuno, mariam darus, and j. j. satrio agreed that the elements of the agreement consisted of essential elements, naturalia elements, and accidental elements.14 the first element is commonly referred to as the core part of the agreement, the second and third elements are called the non-core part of the agreement. the essential element is an absolute element that must be present for the agreement to occur, for the agreement to be valid and this is a legal condition of the agreement. so the four conditions in article 1320 of the civil code constitute an essential element of the agreement. in other words, the essential nature of a treaty is the trait that determines that agreement is created (constructieve oordeel). the naturalia element is an element that is commonly attached to an agreement, that is, an element that is not specifically agreed to in the agreement is secretly automatically considered to exist in the agreement. this element is inherited (natuur) or inherent on agreement. for example, the seller must guarantee hidden defects to the buyer. while the accidental element, means the element that must be contained or stated expressly in the agreement by the parties. for example if a dispute occurs, the parties have determined the chosen place. to prove a deed is valid or invalid in this study, the principle of presumption is valid. the principle of legal presumption 14 kartini muljadi dan gunawan widjaja, perikatan yang lahir dari perjanjian, (jakarta: raja grafindo persada,2010), hlm. 84. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 (vermoedenvanrechtmatigheid) or presumptio iustae causa is the principle that considers a legal product to be valid before a court decision has permanent legal force that states it is invalid. with this principle, the authentic deed made by a notary must be considered valid and binding on the parties before it can be proven the invalidity of the physical, formal and material aspects of the authentic deed. in the provisions mentioned in article 41 uujn-p which states that if the notary public violates the provisions as referred to in article 38, article 39, and article 40 of the uujn-p, the deed only has the power of proof as a deed under the hand, then the notary deed only has the power of proof as a deed under the hand, but if the parties can prove the truth of the authentic deed in a trial in court and cause the deed can be canceled and the strength of proof as a deed under the hand will not apply again. because the principle of legal presumption relates to a deed that can be canceled, it is an act that contains a defect that is not authorized by a notary to make the deed physically, formally, materially and not in accordance with the legal rules regarding making a notary deed. the legal consequences of an authentic deed made by a notary in a manner that violates the law causes an authentic deed to become a deed under the hand and the deed can be canceled in line with the theory of authority and the concept of legal protection. as stated in the theory of authority, the notary in making an authentic deed is included in the attribution authority, based on the provisions of article 15 paragraph (1) of the amendment law on uujn. the occurrence of a legal consequence in the form of an authentic deed becomes a deed under the hand and the deed was canceled due to abuse of authority carried out by a notary, in which the notary in exercising his authority violated the provisions of the law resulting in losses to the parties and resulted in changes in the strength of the proof of the deed and the existence of cancellation of the authentic deed by the court. 4. conclusion first, the implications for notary positions can be categorized into four (4) aspects, i.e. the implications of the binding of the deed,secondly the aspects of the administration positions; third, the professional aspects of membership; fourth, criminal aspects; secondly, due to the law against minuta deed that was falsified by a notary, which resulted in the deed only having the power of proof as a deed under the hand, if the parties can prove the truth of the authentic deed in the trial in court and result in the deed can be canceled and the power of proof as a deed under the hand will not apply again. because the principle of legal presumption relates to a deed that can be canceled, it is an act containing a defect that is not authorized by a notary to make the deed yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 outwardly, formally, materially and not in accordance with the legal rules regarding making a notary deed. refrences abdul ghofur anshori. (2009). lembaga kenotariatan indonesia,perspektif hukum dan etika, uii press, yogyakarta. habib adjie.(2005). batasan pemidanaan notaris, jurnal renvoi, nomor 10-22 tanggal 3 maret. johnny ibrahim. (2012). teori dan metodologi penelitian normatif, bayumedia publising, malang. kartini muljadi dan gunawan widjaja. (2010). perikatan yang lahir dari perjanjian, jakarta: raja grafindo persada. mudofr hadi. (1991). varia peradilan tahun vi nomor 72, pembatalan isi akta notaris dengan putusan hakim. mulyoto.(2011). perjanjian (teknik,cara membuat, dan hukum perjanjian yang harus dikuasai), cakrawala media, yogyakarta. soertardjo soemoatmodjo. (1986). apakah notaris pejabat pembuat akta tanah pejabat lelang, liberty, yogyakarta. soejono soekanto. (2009). penghantar penelitian hukum, ui-press, jakarta, 2009 sudikno mertokusumo. (1998). hukum acara perdata indonesia, liberty, yogyakarta. yustianti, s., & roesli, m. (2018). bank indonesia policy in the national banking crisis resolution. yurisdiksi: jurnal wacana hukum dan sains, 11(1), 77–90. laws and regulations kitab undang-undang hukum perdata. kitab undang-undang hukum pidana. putusan mahkamah agung nomor 1234/k/pid/2012. undang-undang nomor 2 tahun 2014 tentang perubahan atas undang-undang nomor 30 tahun 2004 tentang undang-undang jabatan notaris. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 imposition of sanctions for regional heads for disclaimer of violations of the covid 19 health protocol vania chrisdiana rejeki, habib adjie faculty of law, narotama university surabaya e-mail: vania.chrisdiana@gmail.com abstract covid pandemic has been determined by who which has an impact on all countries around the world, the impact of covid 19 is not only on the global economic sector but on the social and cultural sectors as well. to prevent and combat this pandemic, it is necessary to enforce legal rules regarding health protocols by the central and local governments along with the participation of the community to make indonesia free from covid 19. it was found that there were still violations of the covid 19 health protocol committed by the community, the regional head as the holder. regional authorities are liable for violations of health protocols. keywords: covid 19, local government, sanctions 1. introduction corona virus disease 2019, hereinafter referred to as covid-19, is an infectious disease caused by severe acute respiratory syndrome corona virus. in 2020, the world will experience the corona virus disease 2019 (covid-l9) pandemic. the spread of corona virus disease 2019 (covid19) has posed a risk to public health and has even claimed lives for the infected in various parts of the world, including in indonesia. the 2019 corona virus disease (covid-l9) pandemic has significantly disrupted economic activity and has major implications for the economies of most countries around the world, including indonesia. global economic growth is predicted to decline from 3% (three percent) to only 1.2% (one point five percent) or even lower than that. the development of the corona virus disease 2019 (covid-19) pandemic also has the potential to disrupt economic activities in indonesia. one of the implications is a decrease in indonesia's economic growth, which is estimated to reach 4% (four percent) or lower, depending on how long and how severe the spread of the corona virus disease 2019 (covid-19) pandemic affects or even cripples community activities and economic activities. one of the efforts to prevent the spread of covid 19 is carried out by psbb in various regions, the legal basis for psbb is based on the regulation of the minister of health of the republic of indonesia number 9 of 2020 concerning guidelines for large-scale social restrictions in order to accelerate the handling of covid 19. according to the permenkes large-scale social restrictions are restrictions certain activities of residents in an area suspected of being infected with corona virus disease 2019 (covid-19) in such a way as to prevent the possible spread of corona virus disease 2019 (covid-i9). psbb is carried out by submitting an application for large-scale social restrictions to the minister accompanied by the following data: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 a. increase in the number of cases over time; b. distribution of cases over time; c. local transmission events. data on the increase in the number of cases over time are accompanied by an epidemiological curve. article 13 permenkes psbb explains that the implementation of largescale social restrictions includes: a.school and work vacations; b. restrictions on religious activities; c. restrictions on activities in public places or facilities; d. restrictions on social and cultural activities; e. restrictions on transportation modes; and f. restriction of other activities specifically related to defense and security aspects. large-scale social restrictions are implemented during the longest incubation period and can be extended if there is evidence of dissemination. coaching and supervision of the implementation of large-scale social restrictions are carried out by the minister, the task force for the acceleration of handling of the corona virus disease 2019 (covid-19), the governor / regent / mayor, in accordance with their respective authorities. enforcement of health protocols both in the psbb era and in the new normal era requires the participation of various parties, such as in the province of bali in the governor of bali regulation number 46 of 2020 concerning the application of discipline and law enforcement of health protocols as efforts to prevent and control corona virus disease 2019 in living orders new era. the bali regional regulation in article 7 (1) states that individual stakeholders are required to follow health protocols in the form of: a. use personal protective equipment in the form of a mask that covers the nose and mouth to the chin if you have to leave the house or interact with other people whose health status is unknown; b. washing hands with soap in running water or with a hand sanitizer; c. limiting physical interactions and always maintaining a minimum distance (physical distancing) of 1 (one) meter, except for the education sector at least 1.5 (one point five) meters; d. not doing activities in public places / crowds if you experience clinical symptoms, such as fever / cough / runny nose / sore throat; e. implementing clean and healthy living behavior (phbs); f. willing to be examined by a health worker in order to prevent the spread of covld-19; and g. willing to comply with further handling procedures in the event that the examination http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 results show clinical symptoms of covid-19. business actors, managers, organizers or person in charge of places and public facilities are required to make health protocols such as carrying out socialization and education using various information media to increase compliance and compliance of related parties in preventing and controlling covid-19, providing means of preventing covid-19 -19 includes: a. a place to wash hands and their equipment at an adequate distance; b. signs indicating the location of the hand washing place and hand sanitizer in places that are easily seen; c. minimal hand sanitizer at the entrance and exit; and d. a body temperature measuring device (thermo gun / thermo scanner) with an adequate number. often found violations of health protocol to rises in the curve of patients who contracted the virus, it is the responsibility of the regional head for negligence in handling the practical implementation of prevention of transmission of covid 19. in this study, we review more about the imposition of sanctions for negligence regional heads up against abuse 19 covid health protocols. 2. research methods this research uses a normative research method, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues at hand. in this study, researchers used three methods of approaching the problem, namely, a statutory approach and a conceptual approach. this study used astatute approachwhich was carried out by examining all laws and regulations related to the legal issue being handled. in addition, a conceptual approach is used that comes from the views and doctrines that are developed in the science of law. 3. discussion pandemic covid 19 as a national emergency cicero, the italian philosopher said that "salus populi suprema lex esto", the safety of the people is the highest law for a country. satjipto rahardjo said that law exists in society with the aim of integrating and coordinating interests that can collide with one another. the coordination of these interests is carried out by limiting and protecting these interests (satjipto rahardjo, ilmu hukum, 2000). philipus m. hadjon argued that "the principle of legal protection for the people against government actions rests on and originates from the concept of recognition and protection of human rights. the birth of the concepts of recognition and protection of human rights is directed at limiting and placing obligations on society and the government. (philipus m. hadjon, protection of the people for the people in indonesia (a study of its principles, handling it by courts in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 general courts and establishment of state administrative courts), 1987) a protection can be said to be legal protection if it contains the following elements : a. there is protection from the government for its citizens. b. legal certainty guarantee. c. with regard to the rights of citizens. d. there are penalties for those who violate corona virus disease 2019, hereinafter referred to as covid-19, is an infectious disease caused by the severe acute respiratory syndrome corona. the spread of corona virus disease 2019 (covid19) is a non-natural disaster as in law of the republic of indonesia number 24 of 2007 concerning disaster management (hereinafter referred to as the disaster management law) nonnatural disasters are disasters caused by non-natural events or series of events which include failure. technology, failed modernization, epidemics, and disease outbreaks. article 5 of the law on emergencies states that the government and regional governments are responsible for implementing disaster management. the government's responsibilities in implementing disaster management include: a. disaster risk reduction and integration of disaster risk reduction with development programs; b. protection of the community from disaster impacts; c. guarantee the fulfillment of the rights of the community and refugees affected by the disaster in a fair manner and in accordance with the minimum service standards; d. recovery from disaster impacts; e. allocation of adequate disaster management budget in the state revenue and expenditure budget; f. disaster management budget allocation in the form of ready-to-use funds; and g. maintenance of authentic and credible archives / documents from the threat and impact of disasters. the authorities of the government in implementing disaster management include: 1. to stipulate disaster management policies in line with national development policies; 2. preparation of development plans that incorporate disaster management policy elements; 3. determining the status and level of national and regional disasters; 4. determining policies for cooperation in disaster management with other countries, agencies, or other international parties; 5. formulation of policies regarding the use of technology that is a potential source of disaster threat or danger; 6. formulation of policies to prevent control and exploitation of natural resources that exceed the capacity of nature to carry out restoration; and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 7. controlling the collection and distribution of money or goods on a national scale. determination of the status and level of national and regional disasters includes the number of victims, property loss, damage to infrastructure and facilities, wide coverage of the affected areas, and the resulting socio-economic impacts. the responsibilities of local governments in implementing disaster management include: a. guarantee the fulfillment of the rights of the community and refugees affected by the disaster in accordance with the minimum service standards; b. protection of the community from disaster impacts; c. disaster risk reduction and integration of disaster risk reduction with development programs; and d. allocation of adequate disaster management funds in the regional revenue and expenditure budget. disaster management is not only carried out by the central government, the emergency law gives regional governments authority in implementing disaster management, among others, stipulating disaster management policies in their regions in line with regional development policies, making development plans that incorporate disaster management policy elements, implementing cooperation policies. in disaster management with other provinces and / or regencies / municipalities, regulating the use of technology that has the potential as a source of threat or disaster hazard in its territory, formulating policies on preventing control and exploitation of natural resources that exceed the natural capacity in their territory, controlling the collection and distribution of money or goods at the provincial, district / city scale. the emergency law provides a legal basis for the formation of the national disaster management agency which has the following tasks: a. provide guidance and direction for disaster management efforts covering disaster prevention, emergency response management, rehabilitation and reconstruction in a fair and equal manner; b. stipulating standardization and requirements for disaster management based on legislation; c. convey activity information to the public; d. report disaster management operations to the president once a month in normal conditions and at any time in disaster emergency conditions; e. use and account for national and international donations / assistance; f. account for the use of the budget received from the state revenue and expenditure budget; the president has defined the covid 19 pandemic as a national disaster presidential decree of the republic of indonesia number 12 of 2020 concerning the determination of nonhttp://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 natural disaster for the spread of corona virus disease 2019 (covid-19) as a national disaster which states that non-natural disasters are caused by the spread of corona vints disease 2019 (covid-19) / as a national disaster). the government through law of the republic of indonesia number 6 of 2018 concerning health quarantine in article 4 the central government and local government are responsible for protecting public health from diseases and / or public health risk factors that have the potential to cause public health emergencies through the implementation of health quarantine. the role of central and regional governments and regional governments in handling pandemic covid 19 granting some authority (power) to the regions based on autonomy rights (a unitary state with a decentralized system), but at the final stage, the highest power remains in the hands of the center. so, the authority inherent in the regions does not mean that the regional government is sovereign because the supervision and supreme power still rests in the hands of the central government. the relationship between the central government and the regions in a unitary state that is decentralized, the central government forms regions, and delegates part of its authority to the regions. (agussalim andi gadjong, regional government for political and legal studies, 2007). in the concept of a unitary state, the responsibility for implementing governmental tasks basically remains with the central government. however, the indonesian government system, one of which adheres to the form of a decentralized unitary state, causes certain tasks to be managed by itself, which creates a reciprocal relationship that creates a relationship of authority and supervision (ni'matul huda, indonesian constitutional law, 2007). jimly asshiddiqie argues that the indonesian state is a unitary state. power rests with the central government, however the limits of the central government's authority are determined in the constitution and statutes, while the powers that are not stated in the constitution and statute are determined as the authority possessed by the regional government. with such constitutional arrangements. (jimly asshiddiqie, introduction to the thinking of the unitary state of the republic of indonesia, 2001) the essence of regional government is related to the authority it has in managing and managing its household. the authority of the local government is related to the distribution of power in government administration, which is patterned in the government system of the federal state or the unitary state. the federal state system is structured into three main level structures, namely the federal (central) government, state (provincial) governments, and autonomous local governments. meanwhile, the unitary state system is patterned into two main level structures, namely the central government and. government affairs are governmental powers that fall under the authority of the president whose implementation is carried out by state ministries and administrators of regional governments to protect, serve, empower and prosper the community. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 (rm.abkusuma, birth of the 1945 constitution, 2004). article 9 of law no. 23 of 2004 on regional government divides government affairs into absolute government affairs, concurrent government affairs, and general government affairs. absolute governmental affairs are governmental affairs that fall fully under the authority of the central government. concurrent government affairs are governmental affairs that are divided between the central government and provincial and district / city governments. article 10 of the regional government law becomes an absolute government affair covering: 1. foreign policy; 2. defense; 3. security; 4. yustisi; 5. national monetary and fiscal; and 6. religion. article 12 of the regional government law divides compulsory government affairs related to basic services including education, health, public works and spatial planning, public housing and residential areas, peace, public order, and community protection; and social. optional government affairs as meant in article 11 paragraph (1) of the regional government law are marine and fisheries, tourism, agriculture, forestry, energy and mineral resources, trade, industry, transmigration. article 65 (1) of the regional government law states that regional heads have the following tasks: a. lead the implementation of government affairs which become the authority of the region based on the provisions of laws and regulations and policies stipulated jointly with the dprd; b. maintain public order and peace; c. compile and submit draft perda on rpjpd and draft perda on rpjmd to dprd to be discussed with dprd, as well as compile and stipulate rkpd; d. compile and submit a draft perda on apbd, a draft perda on amendments to the apbd, and a draft perda on accountability for apbd implementation to dprd for joint discussion; e. represent the region inside and outside the court, and can appoint a legal representative to represent him in accordance with the provisions of laws and regulations; f. propose the appointment of deputy regional heads; and g. carry out other duties in accordance with the provisions of laws and regulations. article 67 of the regional government law provides for the obligations of regional heads and deputy regional heads including: g. uphold and practice pancasila, implement the 1945 constitution of the republic of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 124 indonesia and maintain and maintain the integrity of the unitary state of the republic of indonesia; h. comply with all provisions of laws and regulations; ' i. developing a democratic life; j. maintain ethics and norms in the implementation of government affairs which fall under the authority of the region; k. applying the principles of clean and good governance; l. implementing national strategic programs; and m. establish working relationships with all vertical agencies in the regions and all regional apparatus. apart from obligations and duties, there are prohibitions against regional heads as in article 76 (1) of the regional government law, namely making decisions that specifically provide benefits for personal, family, cronies, certain groups, or political groups that are contrary to the provisions of laws and regulations, making policies which is detrimental to the public interest and disturbs a group of people or discriminates against citizens and / or other groups of society that is contrary to the provisions of laws and regulations, becomes the administrator of a company, whether private or state / regional owned or management of foundations in any field, misuses the authority that benefit themselves and / or harm the region being led, commit corruption, collusion and nepotism and receive money, goods, and / or services from other parties which influence decisions or actions to be taken, abuse authority and violate their oath / promise of office, concurrently jaba tan as other state officials as stipulated in the provisions of laws and regulations, travel abroad without permission from the minister, leave the task and work area for more than 7 (seven) consecutive days or not in a row within 1 (one) time. months without the minister's permission for the governor and deputy governor and without the governor's permission for the regent and deputy regent or mayor and deputy mayor. regarding the handling of covid 19 by referring to the laws and regulations above, there is the responsibility of the regional head to prevent and handle the covid 19 pandemic as a national emergency. accountability is a concept used to explain the role of the state or corporation in complying with laws and regulations or caring about social aspects outside of legal obligations (hanif nurcholis, theory and practice of government and regional autonomy, 2005). in legal theory there are two kinds of definitions of responsibility. in a narrow sense, namely responsibility without sanctions and responsibility in a broad sense, namely responsibility with the existence of sanctions (ismail suny, pancasila democracy mechanism, 1987). responsibility or responsibility is the obligation of a person to carry out properly what has been obliged to him. it is also stated that accountability means that even though a person has the freedom to carry out a task that is assigned to him, he cannot free himself from the results or consequences of his freedom of action, and he http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 125 can be required to carry out appropriately what is required of him. (arifin pa, accountability mechanism, jakarta, 1986). there are still many cases of violations of health protocols that have been established by the government, such as creating crowds without paying attention to applicable regulations, this has led to an increase in the number of positive cases of covid 19. the government gives instructions to the minister of home affairs to the regional heads in the minister of home affairs instruction number 6 of 2020: a. consistently enforce the covid-19 health protocol to prevent the spread of covid-19 in their respective areas in the form of wearing masks, washing hands properly, maintaining distance, and preventing crowds that have the potential to violate the protocol b. take proactive steps to prevent transmission of covid-19 and not only act responsively / reactive. to prevent is better than to act. prevention can be carried out in a humane way and action including crowd dispersal is carried out in a firm and measured manner as a last resort. c. regional heads as the highest government leaders in their respective regions must be role models for the community in complying with the covid-19 health protocol, including not participating in crowds that have the potential to violate health protocols. d. whereas in accordance with law number 23 of 2014 concerning regional government, regional heads are reminded of the obligations and sanctions for regional heads as follows article 67 letter b which reads: "obey all statutory provisions. article 78 (1) regional heads and / or representatives regional head stops for: death, his own request or dismissed. the regional head and / or deputy regional head dismissed because: a. expired jabatann b. unable to carry out tasks on an ongoing basis or remains incapacitated consecutively for 6 months; c. is declared to have violated the oath / promise of office and deputy regional head as referred to in article 67 letter b; d. does not carry out the obligations of the regional head and deputy regional head as referred to in article 67 letter b; e. has committed a disgraceful act; f. is given a task in a certain position by the president prohibited from concurrently by the provisions of laws and regulations; g. use documents and / or notes false groans as a requirement at the time of the nomination of regional heads / deputy regional heads based on evidence from the institution authorized http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 126 to issue documents; and / or. h. get sanction of dismissal. based on the instruction in the fourth dictum, a regional head who violates the provisions of the legislation may be subject to dismissal sanctions. to reduce the rate of increase in covid patients, the provincial government of bali in local regulation no 46/2020 in article 8 (1) states that the governor provides guidance to the implementation of discipline and law enforcement of health protocols by stakeholders as an effort to carry out prevention and control of covid-19. guidance in the form of assistance to district / city governments. assistance can be in the form of massive socialization of the application of the health protocol in an effort to prevent and control covid-19. furthermore, article 9 (1) of the perda states that supervision and enforcement are carried out by: a. patrol; and / or b. curbing operations. the policing operation as intended includes elements of the traditional village mutual cooperation task force, the police, and / or the tni. 4. conclusion covid 19 is an emergency in the form of a disaster which causes the economy to weaken to a recession. to reduce the number of increases in covid 19 patients, regulation and law enforcement are needed by remembering that people's safety is the highest law. the regional head is responsible for the safety of its citizens, so he is obliged to take action for violations of covid 19. regional heads can be dismissed from their duties if they cannot carry out their duties. mandated by laws and regulations regarding the handling of covid 19 references agussalim andi gadjong,(2007). regional government; political and legal studies, first edition, bogor: ghalia indonesia. arifin atmadja, (1986). state financial accountability mechanism, jakarta,: gramedia. hanif nurcholis, (2005). theory and practice of government and regional autonomy, jakarta: grasindo. ismail suny, (1987). pancasila dernocracy mechanism, sixth printing, jakarta: new script. jimly asshiddiqie (2001), introduction to the thought of the unitary state of the republic of indonesia, jakarta: the habibie center marzuki, mahmud peter,(2011). legal research, jakarta: kencana prenada media group. ni 'matul huda, (2007). indonesian constitutional law, jakarta: pt. rajagrafindo persada. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 127 philipus m. hadjon, (1987). people's protection for the people in indonesia (an study of its principles, handling by courts within the general court and establishment of state administrative courts, surabaya: pt. bina ilmu. rm.abkusuma,(2004). birth of the 1945 constitution, jakarta: center for constitutional law studies, faculty of law, university of indonesia. satjipto rahardjo, (2000). law science, bandung: citra aditya bakti. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 urgency of cyber notary application in the pandemic of covid-19 for the need of authentic deed isa anshari arif, nynda fatmawati octarina faculty of law, narotama university surabaya e-mail :iceisa2@gmail.com dan nynda_f@yahoo.com abstract this article aims to find out the urgency about the application of cyber notary in the recent times that are experiencing a covid-19 pandemic, this research uses a normative method with deductive logic that explains a general thing then draws it to a specific conclusion. that cyber notary should have been implemented in indonesia where it has previously been provided with facilities in article 6 of the ite law and article 77 paragraphs (1) and (4) of the company law, but because the uujn-p has not yet regulated and as a lex specialis notary position, the cyber notary not applicable yet. however, this must be considered again, considering that during the covid-19 era, which was expected to reduce activities outside the home, to reduce the risk of covid-19 virus and not reduce legal services to the community in the form of making authentic deeds. for the implementation of cyber notary requires the requirements in the form of changes to several articles in the legislation namely: (1) article 1868 of the civil code, (2) articles in uujn-p, (3) article 5 paragraph (4) in uu ite, and ( 4) the stamp duty act which has always identified authentic deeds is always in the form of a written deed. and to reduce the security risks of cyber notary, external factors that must be considered are: (a) notary ethics, (b) ongoing notary education, (c) electronic data security techniques, and (d) certification authorization. keywords: cyber notary, electronic authentic deed, amendments to uujn-p. 1. introduction currently, countries in the world are experiencing a corona virus pandemic (covid-19) where almost all countries make every effort to safeguard and rescue their citizens, including restrictions on foreign nationals entering their territory. in indonesia, the government of the republic of indonesia also did the same thing so as to make a decision on the large scale social restrictions (psbb) that apply in provincial and city / regency areas. even including the villages now also set a total tightening of guests who come to the homes of residents. as a result of this virus pandemic, the government advised its people to conduct social distancing and physical distancing in order to reduce the spread of the virus to the community quickly, because this virus works very quickly to infect people who not yet exposed to a virus. and as a result of the implementation of the policy, many offices or companies dismiss themselves and ask their employees to work from home and then communicate through online media. this also applies to several notary / ppat offices, where they choose to close their offices and do work from their homes to limit meeting with others so that the possibility of contracting the covid-19 virus can be minimized. the question is how the quality of legal services to the community? is it permissible for a notary / ppat to provide his services without having a face to face meeting with the parties? and how is the procedure to overcome this where in law number 2 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 of 2014 concerning amendment to law number 30 of 2004 concerning position of notary public (uujn-p) requires notaries to read, sign deeds in front of the parties, witnesses and notary public officials alone. in the current situation, then inevitably and should not have to, we should turn back to the cyber notary discourse which used to be widely opposed because it is not in accordance with normative law. in fact, with the development of technology and science at this time, the concept of cyber notary is very common to do so there should not be any more opposition and obstacles to its application in the republic of indonesia.1 what must be underlined in the implementation of this cyber notary is to maintain the authenticity of the deed made by the notary public so that the legal force of the authentic deed is maintained as the main evidence in the trial and for that it requires a high degree of faith to maintain the dignity, dignity and reputation of the notary profession. what exactly is it called cyber notary? some opinions state that cyber notary is : a. the concept of cyber notary can be interpreted temporarily by a notary who carries out his work using an information technology base, specifically to make a deed.2 b. notary who carries out the role of a notary based on information technology.3 uujn-p provides a loophole for the application of cyber notary, although according to the author it is still in the category of gray areas where in the explanation of article 15 paragraph (3), the notary has the authority to certify transactions conducted electronically. many things have to be asked with this explanation because what is meant by transactions conducted electronically? about the transaction or the document? and what about the notary's product? just register and legalize or to make the deed? this is a question mark about the validity of cyber notary in indonesia. because the articles in uujn-p have not yet signaled that cyber notary is permitted, especially in making authentic deeds (roesli, heri, & rahayu, 2017). a ctually in other laws and regulations has facilitated the existence of cyber notary, for example by making law number 11 year 2008 on information and electronic transactions (uu ite), it's just that the article is still unclear because it still excludes deeds that are physically required ,. likewise article 77 paragraph (1) and paragraph (4) of law number 40 year 2007 concerning limited liability companies (uupt) which states that the implementation of the general meeting of shareholders (gms) can be conducted using teleconferencing media or other online media facilities that allow the participants of the gms can see and hear each other directly 1 edmon makarin, notaris dan transaksi elektronik, kajian hukum tentang cyber notary atau electronic notary, edisi ke-2, rajawali pers, jakarta, 2013, hlm. 133. 2 r.a. emma nurita, cyber notary, pemahaman awal dalam konsep pemikiran, refika aditama, bandung, 2012, page xii. 3 brian army prastyo, peluang dan tantangan cyber notary di indonesia, http://staff.blog.ui.ac.id/brian.army/2009/11/29/peluang-cyber-notary-di-indonesia/, accessed on march 30, 2020 at 05:30 a.m.diakses tanggal 30 maret 2020 pukul 05.30 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 and participate in the gms directly as well and on the gms must be made a notarial deed by the notary public. but with the current covid-19 virus pandemic without any time limit, is it possible for the parties, witnesses and notaries to meet directly and in one place? and that also becomes the object of research of the researcher so that he conducts research with the title "urgency of application of cyber notary in the pandemic of covid-19 for the need of authentic deed". formulation of the problem based on the description above, the formulation of the problems raised in this study is as follows: 1. is cyber notary able to answer the need for authentic deeds during the covid-19 pandemic? 2. what must be done the cyber notary can be implemented in indonesia? 2. research methodology research type the research used in this study is normative legal research. according to peter mahmud marzuki, normative legal research is a process of finding legal rules, legal principles, in order to answer legal problems, normative legal research is carried out to produce new arguments, theories or concepts as prescriptions (judgments) in the problems faced. 4 researchers use this type of normative research because this research is to find coherence, namely whether there are legal rules in accordance with legal norms and whether norms in the form of commands or prohibitions are in accordance with legal principles, and whether one's actions are in accordance with legal norms or legal principles.5 problem approach the approach used in this study is as follows: 1. statue approach this approach is carried out by examining the laws and legal regulations related to the legal issues being addressed.6 this approach is carried out to further study the validity of cyber notary in indonesia based on the applicable laws and regulations. 2. conceptual approach 4 peter mahmud marzuki, pengantar ilmu hukum, kencana prenada media group, jakarta, 2008, page 141. 5 peter mahmud marzuki, op. cit. page 47. 6 peter mahmud marzuki, op. cit., page 133. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 the conceptual approach moves from the views and doctrines that develop in the science of law. studying the views and doctrines in law, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles that are relevant to the issue at hand.7 legal material sources 1. primary legal material. 2. secondary legal material. 3. tertiary legal material. application of cyber notary in the pandemic of covid-19 covid-19 pandemic on march 11, 2020, the world health organization (who) has established the corona virus (covid-19) as a pandemic which means that covid-19 is a world disease and therefore all countries in the world are required to prepare themselves to treat victims infected with covid-19. pandemic in health terms is known as an outbreak of a new disease that attacks many victims and causes death and coverage is very broad and simultaneous. the rapid and widespread spread of covid-19 is causing public concern because one result is that sufferers may experience death. likewise, the transmission process is very fast so that only physical contact or contracting the patient's saliva can also be said to be a layman has been detected with the covid-19 virus. previously, this new type of corona virus appeared in wuhan, china. who first received a report on this virus on december 31, 2019, and due to the rapid spread of this virus caused who to establish an outbreak of this virus as the public health emergency of international concern. and for this, the who recommends governments throughout the country for emergency response to the spread of the covid-19 virus. the impact of the spread of this virus resulted in all governments in the world ordering its citizens to be vigilant and reduce physical contact with others. and therefore the campaign arises to stay at home or even work from home . it aims to break the chain of the spread of the covid-19 virus so it is not transmitted to more people, because a vaccine to cure or fight the virus has not yet been found. the impact of the covid-19 pandemic on notaries covid-19 pandemic has hit many parties, not least in the field of notary, so most of the notaries dismiss their offices and work at home so that some jobs become delayed for indefinite periods. whereas although the notary states that no party is harmed by this matter, the quality of 7 peter mahmud marzuki, op. cit., page 135-136. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 97 the notary's work must be disrupted and this is contrary to the notary's obligation as a legal service official for the community. as stated in article 15 paragraph (2) letter e, namely providing legal counseling in connection with the making of the deed. the indonesian notary association has issued a letter of appeal number 65/33-iii / ppini / 2020 dated march 17, 2020 stating that the notary office reduce activities in the office or outside the office and if there is no urgent need, the work must be completed , as much as possible resolved at home. in terms of guidelines for working at home, the indonesian notary association (pp-ini) central board provides rules which are:8 1. reorganize the schedule for signing the deed with the parties, until conditions allow it; 2. recommending other notary colleagues whose conditions allow for the position; 3. for agreements, deeds, or meetings which according to statutory regulations, documents can be made under the hand, to include the clause "will be made / restated in the authentic deed as soon as the emergency conditions of covid-19 are revoked by the government" that authentic deeds that can be included in the deed group in accordance with the pp-ini circular according to prita miranti suyudi, are divided into two, namely :9 a. the deed can be postponed; b. the deed cannot be postponed. included in this classification are several deeds as follows : 1. land certificates. 2. deeds concerning changes to the legal entity and its registration. 3. deeds relating to the relationship between individual legal subjects such as marriage agreements, accounts payable and notary wills and their registration. pp-ini has provided exceptions that for deeds whose settlement cannot be postponed, the notary can still serve the needs of the tappers in the notary office as stipulated in the notary code of ethics article 3 number 8.10 as a consequence, the notary is obliged to implement the protocol to prevent the spread of covid19 in accordance with government regulations. the exception has actually violated the regulations made by the government of the republic of indonesia related to handling the spread of the covid-19 virus, which in essence the government of the republic of indonesia wants its citizens to be submissive and obedient not to 8 surat edaran pengurus pusat ikatan notaris indonesia nomor 67/35-iii/pp-ini/2020 dated march 17, 2020. 9 prita miranti suyudi, https://www.hukumonline.com/berita/baca/lt5e8efcaac54aa/notaris-ppat-danpandemi-covid-19-oleh--prita-miranti-suyudi/kamis_09_april_2020, accessed on april 16,2020 at 08:00 p.m. 10 perubahan kode etik notaris yang ditetapkan di banten tanggal 29-30 mei 2015 dalam kongres luar biasa ikatan notaris indonesia, bab iii – kewajiban, larangan dan pengecualian, pasal 3 angka 8 : “menetapkan satu kantor di tempat kedudukan dan kantor tersebut merupakan satu-satunya kantor bagi notaris yang bersangkutan dalam melaksanakan tugas jabatan sehari-hari”. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 98 leave the house and carry out activities that intersect with many people so that the chain of the spread of the virus covid-19 can be disconnected or minimized. because it is violating, the need for the indonesian notary association to make a new breakthrough so that the regulations that have been made by the government of indonesia can run effectively and can help the government of indonesia's efforts to break the chain of spread of the covid-19 virus. the urgency of application of cyber notary in the covid-19 pandemic period the urgency of electronic notary functions and roles (cyber notary) has actually begun at the xxiv international congress of the latin notary in 2004 which was discussed in the working group for theme ii (the notary and electronic contracts), which is essentially a notary organization must realize to open themselves by accommodating all these developments, especially information technology, well, by not reducing the provisions as they should. this conference has realized the possibility of making authentic deeds electronically.11 several countries in the world have implemented electronic notary or cyber notary in their national legal systems, especially in the context of the need for guaranteed authenticity of electronic information regarding the implementation of digital signatures. the united states and france are two countries that represent two different legal traditions (common system and civil law system), but in terms of notary, both countries have included the concept of cyber notary in their national legal system. and some countries have also appreciated it the same.12 the use and making of notary deeds electronically is inseparable from the legal system adopted by a country. among the various legal systems that exist in the world are broadly divided into two legal systems, namely the anglo saxon legal system or also called the common law system and the continental european legal system which is generally referred to as the civil law system (civil law system).13 the authority of notaries in anglo saxon system countries is the registration of only letters, which for notaries in indonesia who adhere to the continental european legal system are waarmeking (under the hand registration), notaries in the anglo saxon legal system do not play a role in making and determining fill in the letter / deed. deed which is a product of the anglo saxon notary is not considered as evidence in court.14 11 edmon makarim, op. cit.,page 3. 12 edmon makarim, op. cit., page 5. 13 wasis s.p., pengantar ilmu hukum, umm press, malang, 2002, page 29. 14 anonim, notary represent the country, accessed through the website: http://taligara.wordpress.com., accessed april 23, 2020 on 06:00 a.m. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 99 the power of written evidence in the form of authentic deed has the highest, strongest and most complete place or perfect evidence in the continental european legal system, this causes the position of a notary in the system is very important considering its duties and authorities in making authentic deeds. indonesia as one of a country that adheres to the continental european legal system includes a country that glorifies an authentic deed and is therefore considered to have the most perfect legal force in court.15 during the covid-19 pandemic, the position of the notary public as the authorized official to make an authentic deed was a dilemma. on one side there is a legal service obligation to the community in accordance with the mandate given by uujn-p, but as a good citizen must also obey the rules made by the government which in essence is to protect their citizens from the possibility of contracting the covid-19 virus. therefore the need for cyber notary to meet the needs of authentic deeds by the community, for the time being is very important because without reducing the quality of legal services but also safe and sound from the covid-19 virus attack. so therefore the paradigm of normative law must immediately be abandoned and then move on to progressive law where the law follows the conditions so that all legal actions have a basis. the discourse was actually preceded by a speech by the president of the republic of indonesia ir. joko widodo at the opening of the 29th international notary congress which took place in jakarta on 27-30 november 2019, where the president had asked the notary organization (ini) to respond to the challenges of the industrial revolution era 4.0.16 requirements for implementation of cyber notary in indonesia opportunities for application of cyber notary the use of computers in making physical deeds and in the process of registering legal entities through the legal entity administration system (sisminbakum / sabh) indicates that the concept of cyber notary has actually been used in indonesia. sabh is a computerized system of establishing legal entities that is implemented in the ministry of law and human rights of the republic of indonesia (kemenkumham).17 in its development, the ministry then made ahu online which resulted in a shorter registration bureaucracy process because there was no need for physical meetings between service providers and users so as to minimize the possibility of corruption, collusion and nepotism. 15 emma nurita, op.cit., page 36. 16 state secretariat of the republic of indonesia, https://www.setneg.go.id/baca/index/buka_kongres_ke_29_notaris_dunia_presiden_ingatkan_tantangan_era _disrupsi_terhadap_layanan_kenotariatan, accessed april 23, 2020 on 06:15 a.m. 17 legal entity administration system, http://www.sisminbakum.go.id/kumdang/news1a.php, accessed april 23, 2020 on 07.00 a.m. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 100 the success of online services by the ministry of law and human rights has inspired many parties to use technological sophistication in the implementation of their daily work so that they are able to be more efficient and effective, including the role of a notary public and one way to answer these demands is to adopt the concept of cyber notary in our statutory system including uujn-p. the concept of cyber notary is a form of concept that adopts the use of computers by notaries in carrying out their duties and authorities. in indonesia, the deed that is made by and before a notary is an authentic deed. an authentic deed based on article 1867 of the civil code is a perfect proof. notary deed can be an authentic deed if it meets the requirements of the legislation, especially article 1868 of the civil code. various requirements that must be met in making authentic deed make the application of the concept of cyber notary in indonesia more difficult. indonesia as a modern law state certainly cannot escape from the development outside the law, but in order to absorb values that are outside the law, lawmakers must be careful with the community's readiness for change and the negative effects of the change itself. the impact of technological change more or less now has emerged. this is indicated by the misuse of the validity of technology through the process of dematerialization and the difficulty of determining one's existence (deteritoralization) because technology has created its own world, the virtual world. the problems of dematerilization and deteritoralization are of course very closely related to the authority of the notary civil law in making an authentic deed. if the requirements of this authentic deed are related to dematerilization and deteritorization, both of these are challenges for the application of cyber notary in connection with making an authentic deed by a notary public. the application of this concept will affect the signing of the deed, the requirement that the applicant must be introduced or introduced to the notary, the obligation to read the deed by the notary, the presence of the tappers and witnesses and the notary's jurisdiction. for territorial issues, the notary's authority will deal with the uujn and article 1868 of the civil code on the requirements for authentic deeds that the deed must be made by an authorized official at the place where the deed was made. while other problems are related to the strength of proof of deed. according to uujn, negligence in fulfilling several requirements will make a notarial deed become a private deed. the problem is that the strength of proof private deed is much weaker than the authentic deed and it will harm the parties. opportunities for the process of making authentic deeds can be done online or only through cyberspace without meeting directly between the parties can be done by removing the requirements that require the meeting of the parties. but of course it must be supported by technological sophistication such as teleconferencing facilities that allow the deed to be read by a yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 101 notary through the media and heard and witnessed by the parties online. but the problem is the truth of the parties to the teleconference and they can only be carried out under pressure that will not be seen through the teleconference media. in addition to the teleconferencing records, the truth must be tested in advance if there is a case in the future because the possibility of engineering may occur to the results of the technological sophistication. if this happens, the strength of proof of the results of teleconferencing is basically the same as the strength of proof under the hand. in fact, if there is a case in connection with the authentic deed, the reference is the result of the teleconference. so if this is done the same as reducing the power of proof from the notarial deed to be the same as the deed under the hand. this will result in people more inclined to ask for a private deed because it's easier and cheaper. in addition, the making of a notary deed online can only be applied to certain groups who understand technology and / or who have substantial funds. whereas for people who do not understand technology and / or weak people, it is difficult to be touched and they will still have a tendency to use manual deed making. with that in mind, extralegal work and legal counsel from a notary as theorized by a.w. voor and mandated by article 15 paragraph (2e) uujn-p will not run optimally. in addition to making authentic deeds, the notary also has the authority to ratify the signature and determine the certainty of the date of the privete document by registering in a registered book. this provision is the legalization of a private deed that is made by individuals or by parties on paper which is sufficiently stamped by registering in a registered book provided by a notary. the practice of legalizing electronic deeds is certainly very dependent on the ability to sign electronic deeds. until now there are no rules governing this matter. for that we need a signature deposit called the third third party (netherlands) or source code escrow (us). according to herlien budiono, a notary is the ideal trusted third party. 18 if this rule will be applied in indonesia, of course notaries who can play the role of trusted third party are only special notaries who have passed the certification process to become a trusted third party. electronic signing is very likely to be implemented in indonesia. the legalization process can only prove the truth of the party who signed the deed. the problem is that the legalization rules contained in article 15 paragraph (2a) of uujn-p also regulate not only the notarization of the notary's signature but also the certainty of the date of the private letter. in practice to establish certainty, the notary asks directly to the parties who will sign the legalization process regarding the truth of the date the letter is under the hand. so that if the rules are issued regarding the electronic signing of the deed then this provision must be amended, deleted or made an affirmation in the new regulation that with electronic signing in the framework of legalization means the parties have 18 herlien budiono, op. cit., page 221. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 102 agreed that the date contained in the electronic data is the date of the letter under the hand. whereas registration and bookkeeping of private documents on registered books can be done electronically as stipulated in the uujn-p. another notary authority is to record private documents by registering in a registered book. this authority only concerns registration so it does not matter whether it can be electronic or direct. likewise with the authority to make copies from original private document it can also be done electronically because it is not related to the authentication of the deed. but sending copies electronically, of course, must be done carefully. whereas the legalization authority is difficult to do electronically because the original evidence must be seen by a notary public. based on article 15 paragraph (2e) uujn-p, that in connection with the making of the deed, the notary has the authority to provide legal counseling relating to the notary's external duty. according to a.w. voor that the notary's extralegal work concerns aspects of service to weak parties and does not understand the law.19 legal basis for the application of cyber notary in indonesia the application of cyber notary in indonesia, especially to authentic deeds, does not have the perfect proofing strength as it should be. until now, the notary deed against the enactment of cyber notary has only been regarded as an private deed which is equated with electronic documents, letters and certificates. although article 15 paragraph (3) uujn-p states that the notary public has other authority regulated in the legislation, in this case the authority to certify transactions conducted electronically. however, the strength of the certification is not the same as the strength of the authentic deed as in article 1868 of the civil code.20 roscoe pound's theory of law as a tool for community renewal (law as a tool of society engineering) which explains that the law should be at the forefront in a development or change in society 21 because of the very importance of the degree of certainty and legal justice in a development resulting in the possibility of the concept of cyber notary will be accepted in indonesian society. the following are notes in an effort to legalize cyber notary in the indonesian national legal system: 1. deed must be made by (door) or in front of (ten overstaan) a public official 19 tan thong kie, op. cit., page 452-454. 20 eddy o.s. hiariej, telaah kritis konsep cyber notary dalam sudut pandang hukum pembuktian, paper presented at the national seminar, “membangun hukum kenotariatan di indonesia”, yogyakarta, 2014, page. 9. 21 salim. h.s., perkembangan teori dalam ilmu hukum, raja grafindo, jakarta, 2010, page 70. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 103 article 1 number 7 uujn-p states that a notarial deed can be an authentic deed if it is made by or before a notary public, meaning that the notary public must require the presence of physical documents as a means to make the wishes of the parties in his act constant. the article should be changed (or an explanation of the law), ie the user does not have to face physically, but it can be done through online media such as teleconference, skype or zooming, so that zooming can reduce barriers in the form of territorial boundaries. state / city / province boundaries.22 2. deed must be made in the form and procedure which determined by the law this refers to the provisions of chapter vii part one uujn-p. in that chapter, there are several articles that need to be changed so that the notary deed of cyber notary is authentic, including: a. article 38 uujn-p, this article regulates the form of deed. in this article, it is better to explain the notary deed in electronic form, because later the notary deed against cyber notary is paperless. b. article 39 paragraph (1) uujn-p, this article regulates those which must be known by a notary public, including witnesses who know and have the ability to do legal actions. the change that needs to be made is that in the concept of cyber notary the physical presence of the user is not necessary, so what must be an important point is that the notary can trace the validity of the supporting evidence of the parties to the organizer's website, for example the national identity card (ktp) and family card (kk), marriage certificate to the population and civil registry service (dispendukcapil), inheritance deed to the district court system and others, using certain accesses.23 according to edmon makarim, that the identity of the parties can use the electronic ktp (e-ktp) because the e-ktp contains a security code and electronic record as a means of verifying and validating data on the identity of the population and biodata, signature, passport photo and fingerprint fingers of the population concerned.24 so it can be seen that the parties to be conferred are actually the parties concerned and known by the notary. c. article 40 paragraph (1) uujn-p, this article regulates the reading of the deed in front of the parties. by cyber notary, the reading of the deed in front of the parties can be done online by using a media of view of hearing (such as teleconference, skype, or zoom). d. article 44 paragraph (1) uujn-p, this article regulates the signing of the deed by the parties, witnesses, and notaries. by cyber notary, the process can use digital signatures or 22 habib adjie, konsep notaris mayantara: notaris indonesia dalam menghadapi tantangan persaingan global, paper, presented at a national seminar “konsep cyber notary bagi notaris indonesia dalam menghadapi tantangan persaingan global”, yogyakarta, 2015, page 18. 23 ibid., page 16. 24 edmon makarim, op. cit., page 147. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 even can be added with digital fingerprints (article 16 paragraph (1) letter c uujn-p)25 as well as digital stamp and brand.26 3. the authority of notary to make and make it before him on the deed. the authority includes: a. the notary must be authorized as long as it concerns the deed that must be made. by cyber notary, the deed will be saved and / or submitted in the form of a microchip, microfilm or other media with password only for the parties, which can be printed as needed after obtaining prior notary approval. that already has a legal basis, namely in article 68 paragraph (1) of law no. 43 of 2009 concerning archives that allows archivists and / or archival institutions to make archives in various forms and / or other media.27 b. the notary must be authorized as long as it is for the benefit of whom the deed was made. in cyber notary, the status of the parties can be traced through e-ktp and / or e-passport as identity that contains biodata, signature, passport photo and fingerprints of the confronting hand. if it cannot be traced so that the notary's conviction is questioned, the notary has the right to refuse the request of the parties as required in the principle of "prudence" and its "renegade" rights. c. the notary must be authorized as long as regarding the place where the deed was made. with cyber notary, violations of occupational boundaries and leaving the place of occupation can be resolved, because by means of online media that are full of technology like today (teleconference, skype, zoom) so the parties can see and hear directly and at the same time because the ability of the media can penetrate boundaries and even borders without the parties coming in physically or requiring the notary to leave the place of domicile.28 d. the notary must be authorized as long as the time of making the deed. cyber notary can optimize the quality of the completion of the deed by fulfilling the required requirements quickly and accurately through information technology. 4. harmonization of laws and regulations. in addition to changes to uujn-p, cyber notary can be applied in indonesia, requiring harmonization with other laws and regulations, namely: a. article 5 paragraph (4) of law no. 11 of 2008 on information and electronic transactions (ite act) on a letter or document that must be in written form and in notary deed. 25 article 16 paragraph (1c) of the uujn-p regarding affixing letters and documents and fingerprints on the minutes of the deed. 26 habib adjie, op. cit., page. 16. 27 edmon makarim, op. cit., page 140. 28 habib adjie, op. cit., page 15. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 b. amendments to article 5 paragraph (4) of the ite law concerning content and / or deleting it contents so that the next notary deed made by cyber notary remains authentic, because article 5 paragraphs (2) and (3) of the ite law have stipulated that electronic documents are evidence which is legal if it uses an electronic system in accordance with the provisions stipulated in the ite law. c. law number 13 of 1985 concerning stamp duty (uubm) notary deed requires a stamp to be affixed to the minutes of the deed, so with the cyber notary the stamp attached to the electronic deed must be in the form of an electronic stamp as well. for this reason, the harmonization that must be done is by changing the contents of the uubm article that the stamp duty other than the official printed one can also be in electronic form. 5. other external factors in addition to factors in the form of legislation, the things that must be done to be able to legalize cyber notary and the deeds it produces to keep it authentic: a. notary ethics as a cyber notary, the notary public bound to the rules in the notary code of ethics requires a notary public to act professionally, independently and with integrity. because in the cyber notary is very prone to fraud that results in dragging the notary public towards a criminal case and it is very likely to be languishing in a prison cell, therefore the notary must always maintain the dignity, dignity and spirit of the notary as an officium nobile. b. continuing education ini participation as the only organization of notaries in indonesia in maximizing cyber notary, especially in the era of disruption and the covid-19 pandemic, must be carried out through making continuing education programs for notaries and notary candidates so that the quality of notaries and their products are maintained in accordance with mandate by law. c. electronic data security techniques to protect the confidentiality and security of electronic data relating to notarial deeds against the application of cyber notary in the electronic data exchange of cyber crime, several encryption-description techniques for electronic data are used, including cryptographic techniques and functions hash. d. certification authority to ensure security in the cyber notary, there must be a third party or special authority who authorized to examine the truth of the data, be independent, and be trusted (trusted third party), in this case known as the certification authority (c.a.). with c.a. then the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 notary before performing legal services in advance asks permission from c.a. on whom the party whose wish is conferred, besides the notary public checks on the validity of that desire for the indonesian legislation. 4. conclusions based on the results of research and discussion, the following conclusions are as follows: 1. during the covid-19 pandemic, where all parties were required to be careful in interacting because the nature of this virus was very contagious and could result in death of the patient so the government of the republic of indonesia had to issue regulations aimed at limiting transactions carried out in outside the house so that it can break the chain of spread of the covid-19 virus because the cure has not been found and when it will end, including in this case the notary is required to participate in regulations made by the government of indonesia and therefore the indonesian notary association (pp-ini) central board issue a circular advising notaries to limit activities outside the home and if so the obligation to make the deed to as far as possible be postponed. to succeed the republic of indonesia government regulation on the covid-19 virus and not to reduce the quality of legal services by the notary public, the application of cyber notary for now is very necessary because it can protect the parties, witnesses, notaries and deed products from the authorities obtained based on the law. 2. the implementation of cyber notary in indonesia requires support in the form of facilities and infrastructure both physically and non-physically. to legalize cyber notary, in this case for the authenticity of the deed that it generates, it is necessary to amend the articles contained in the uujn-p mainly related to (1) the obligation to meet physically and read and sign the deed in front of the notary at that time together with the parties and witnesses; (2) notary's obligation to physically print and save documents; (3) notary's obligation to carry out work must be in his domicile. because with cyber notary, it can all be overcome because of its nature that knows no boundaries (borderless) and time. amendments are also needed in article 5 paragraph (4) of the ite law and the uubm so that the cyber notary deed can be considered as an authentic deed and to succeed it must also consider factors: (1) notary ethics; (2) continuing education; (3) data security techniques; and (4) certification authority. recommendation upon the results of research on the urgency of implementing cyber notary, the advice that can be given are as follows: yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 1. the official notary organization (ini) should immediately act to socialize cyber notary with a legal basis in the form of indonesian government regulations to temporarily break the chain of the spread of the covid-19 virus, while subsequently making changes to the law by proposing to the house of representatives commission and the ministry law and human rights. this is to anticipate the covid-19 pandemic which has no time limit and for the future the legal services of the notary profession will not be disrupted again. 2. in order to the notary deed of the cyber notary can still be considered as an authentic deed in accordance with article 1868 of the civil code, the government of indonesia can immediately change the legislation related to the authenticity of the electronic deed of a notary product so that it can still become evidence that has perfect strength in court (article 1867 civil code). referrences abdul manan, (2009). aspek-aspek pengubah hukum, kencana prenada media group, jakarta. anonim, notaris mewakili negara, accessed through the website: http://taligara.wordpress.com., accessed on april 23, 2020 at 6:00 a.m. bernard l. tanya dkk.,(2010). teori hukum strategi tertib manusia lintas ruang dan generasi, genta publishing, yogyakarta. brian army prastyo, peluang dan tantangan cyber notary di indonesia, http://staff.blog.ui.ac.id/brian.army/2009/11/29/peluang-cyber-notary-di-indonesia/, accessed on march 30, 2020 at 05:30 a.m. eddy o.s. hiariej, (2014). “telaah kritis konsep cyber notary dalam sudut pandang hukum pembuktian”, makalah, disampaikan dalam seminar nasional bertema “membangun hukum kenotariatan di indonesia”, yogyakarta. edmon makarim, (2013). notaris dan transaksi elektronik: kajian hukum tentang cyber notary atau electronic notary, edisi ke-2, rajawali pers, jakarta. fardhian, legalisasi dokumen publik dan transaksi elektronik, http://lkhat.org/diskusi-terbukacybernotary-5-februari-2014/, accessed on april 16, 2020 at 8:30 p.m. habib adjie,(2018). hukum notaris indonesia: tafsir tematik terhadap uu no. 2 tahun 2014 tentang peubahan atas uu no. 30 tahun 2004 tentang jabatan notaris, refika aditama, bandung. __________,(2015). “konsep notaris mayantara: notaris indonesia dalam menghadapi tantangan persaingan global”, makalah, disampaikan dalam seminar 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(2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 166 implications of article 28 h verse (1) uud 1945 related to state responsibilities in the pandemic of covid-19 yusuf mardhani faculty of law, mayjen sungkono mojokerto university e-mail: daniucup89@gmail.com abstract the 1945 constitution has regulated the state's obligation to fulfill the right to life of its citizens, namely in article 28 paragraph (1) of the 1945 constitution. "everyone has the right to live in physical and mental prosperity, to live and get a good and healthy living environment and the right to obtain health services". this means that in relation to this concept, the government is fully tasked with fulfilling all aspects needed by the community to comply with the rules in the article. with the danger of infectious diseases like what is happening today, namely the presence of covid-19, the government must work harder in fulfilling its obligations. meanwhile, citizens have the right to sue the government when their constitutional rights are deemed neglected by the government. this study uses a descriptive normative method, namely by combining the analysis of a legal rule that has been in effect and presented using an explanation and depiction of the flow and the results of the author's analysis with in-depth data presentation. citizens who consider the government not taking proper covid-19 precautions, not fully serious in providing health services to citizens who test positive for covid-19, or not maximizing efforts to prevent the spread of covid-19, then these citizens can apply lawsuits against the government. the lawsuit is addressed to the state administrative court with evidences where when the lawsuit is granted by the court, the citizen can claim compensation against the government regarding the losses suffered by the citizen. keywords: government responsibility, lawsuit, covid-19 1. introduction china has issued an alarm to the world about the danger of corona virus disease 2019 (covid-19) which has occurred in its country in early 2020. after that, several countries have been aware of the development of this virus. a brief study by the bandung institute of technology's center for mathematical modeling and simulation predicts that the pandemic will peak at the end of march and end in mid-april 2020. even with the dynamics of the data, these predictions can certainly continue to change (cnn.com). april 10, 2020, exactly 1 month after the president announced that there were positive patients with covid-19 in indonesia, positive patients with covid-19 had reached 4,557 cases. at its peak, the government through the president issued presidential decree (keppres) number 12 of 2020 concerning the determination of the non-natural disaster for the spread of corona virus disease 2019 which was ratified by the president on april 13, 2020. this decision was considered by some to be a very late decision. in fact, there are several msme community alliances that have http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 167 explicitly challenged the presidential decree by filing a lawsuit for the losses they experienced due to the covid-19. the reason for the lawsuit is that the government is deemed late in anticipating and handling these infectious diseases, thus harming the public in the economic sector, as well as their constitutional rights. as a part that cannot be separated from a country, society has constitutional rights that must be protected and guaranteed by the state as the highest supremacy institution for the continuity of law in a country. the right to live a decent life, the right to feel calm and peaceful to live in the country where he lives is the highest right in the regulations concerning human rights. the 1945 constitution regulates the existence of the state's obligation to fulfill the right to live of its citizens, namely in article 28 paragraph (1) of the 1945 constitution. "everyone has the right to live in physical and mental prosperity, to live and get a good and healthy living environment and the right to obtain health services ”, there are at least several important points related to the fulfillment of the state's obligations towards its people according to this article. first, the concept of living physically and mentally prosperous, having a place to live and getting a good and healthy living environment is a sub-system in the environment of every community. this means that in relation to this concept, the government is fully tasked with fulfilling all aspects needed by the community to comply with the rules in the article. the concept of a prosperous life and living in a decent environment is the most basic right for everyone. if the government wants to fulfill its obligations, one of the things that must be prepared by the government is a livable house, a clean environment and free from viruses or diseases. with the danger of infectious disease as is currently happening, namely the presence of covid-19, the government must work harder in fulfilling its obligations. how can people live properly when the environment where they live has been infected with a dangerous virus. the concept of living well and physically and spiritually cannot be realized by the state, because people live with an inner state of depression and are constantly haunted by the fear of contracting the virus. second, adequate health services is one thing that is very much needed by the community in the midst of a viral pandemic like now. how people can meet their needs for health is also the main task of the government contained in the article above. the problem then arises with the fulfillment of obligations by the government which is considered by the community to be less responsible. the extent to which the government as the highest law supremacy institution is able to fulfill these responsibilities, and how when many people think that their rights as citizens are not fulfilled by the state. 2. research method http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 168 this study uses a descriptive normative method, namely by combining the analysis of a legal rule that has been in effect and presented using an explanation and depiction of the flow and the results of the author's analysis with in-depth data presentation. problems that arise will be analyzed using the applicable legal rules with synchronization between the existing rules and the theory that should apply, then presented in the form of a description with an explanation for each problem and solving the problem. according to peter mahmud marzuki, normative legal research is a process to find a rule of law, legal principles, and legal doctrines to answer legal issues at hand. 3. results and discussion the covid-19 disaster outbreak does not only have implications for the country of indonesia, but is a global outbreak in which all countries in the world are infected with the virus. this then has a significant impact on all aspects of community life. various things have an impact, especially namely economic, social and of course the survival of the community. the affected sectors then become a serious problem related to how the state can guarantee a decent life for its citizens amid the current outbreak. there are several things that have become the starting point for recent problems, namely the readiness of the state as the highest institution to guarantee and overcome the spread of the covid19 virus outbreak, and also the health services provided by the state to citizens who are positively infected with the virus. the high ratio of transmission of the covid-19 virus that has occurred recently indicates that the government's unpreparedness in protecting the constitutional rights of citizens from the threat of covid-19 as stipulated in article 28 h paragraph (1) of the 1945 constitution ,. "everyone has the right to live in physical and spiritual prosperity, to have a place to live and get a good and healthy living environment and has the right to obtain health services". in addition, the rules regarding the fulfillment of health and prevention of infectious diseases are contained in the international covenant on economic, social and cultural rights, which has been ratified into law number 11 of 2005 concerning the ratification of the international covenant on economic, social and cultural rights (international covenant on economic, social and cultural rights). economic, social and cultural rights) (ecosob covenant) which in this regulation obliges the state to recognize the right of everyone to the fulfillment of health and is responsible for the prevention of infectious diseases: article 12 of the covenant on economic, social and cultural rights states that: 1. the states parties to the present covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental healt http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 169 2. the steps which a state party to the present covenant will take to achieve the full realization of this right shall include those necessary to achieve: a. provisions for the reduction of the stillbirth and mortality rates of children and the healthy development of children; b. improvement of all aspects of environmental and industrial health; c. prevention, treatment and control of all infectious, endemic and other occupational diseases; d. creation of conditions which will warrant all medical care and attention in the event of a person's illness. the above rules are also mutually sustainable with article 152 paragraph (1) and (2) of law number 36 year 2009 concerning health, which regulates namely: 1. the government, regional governments and the community are responsible for making efforts to prevent, control and eradicate infectious diseases and their consequences 2. efforts to prevent, control and eradicate infectious diseases as referred to in paragraph (1) shall be carried out to protect the public from contracting diseases, reduce the number of sick, disabled and / or dead, and to reduce the social and economic impacts of infectious diseases the high number of covid-19 sufferers has led to various perceptions from the public that the state as the party that should be responsible for the current conditions has not been able to fulfill the needs and constitutional rights of its citizens optimally. so that many of the people then want to sue or just question about the extent of responsibility that the government should take in relation to the outbreak that occurs. there are various kinds of allegations and speculation that state the government's unpreparedness in dealing with the covid-19 outbreak which is the background of the decreasing level of public confidence in government performance. in the face of an epidemic that occurs in the country of indonesia, the government should have a basis for acting in accordance with article 33 letter a of law number 24 of 2007 concerning disaster management (disaster management law), which in this article has been written in full about how it should be. the government behaves and acts, before and when an epidemic occurs in indonesia. there are various stages that should be carried out by the government when referring to these regulations, namely the existence of pre-disaster and disaster management stages when a disaster does not occur and in a situation there is a potential for disaster to occur. disaster management operations where a disaster does not occur may include: a. disaster management planning; b. disaster risk reduction; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 170 c. prevention; d. integration in development planning; e. disaster risk analysis requirements; f. implementation and enforcement of spatial planning; g. education and training; and h. disaster management technical standard requirements. meanwhile, the implementation of disaster management when there is a potential for disaster, namely: a. preparedness; b. early warning; and c. disaster mitigation. when looking at how systematic the mitigation stages are in the above rules, there are indications that these pre-disaster stages were not or had not been carried out optimally by the government. when the pre-disaster stages have been carried out by the government, at least after the state of china announced that its citizens have been infected with the covid-19 virus, indonesia has been alert with all kinds of things, including how to prevent the virus from being massive in indonesia. in addition, article 5 paragraph (1) of law number 4 of 1984 concerning outbreaks of infectious diseases also regulates the following: plague prevention efforts include: a. epidemiological investigations; b. examination, treatment, care and isolation of patients, including quarantine measures; c. prevention and immunization; d. elimination of disease causes; e. handling of bodies due to the plague; f. outreach to the community; g. other countermeasures. the efforts that should have been carried out by the government before a disaster occurred in indonesia have not been fully implemented by the government. this has led to the public suspicion that the government is not fully responsible for safeguarding the constitutional rights of its citizens when the covid-19 outbreak occurs. however, is it possible? when citizens want to hold the government accountable. fulfillment of their constitutional rights when they feel they have been violated. is it possible for the public to sue the government for their alleged unpreparedness and negligence in responding and overcoming the threat of the covid-19 outbreak in indonesia. referring to supreme court http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 171 regulation number 2 of 2019 concerning "guidelines for dispute resolution government actions and the authority to adjudicate unlawful acts by government bodies and / or officials (onrechtmatige overheidsdaad)" (perma no.2 2019), has explained how the public can sue against government agencies and / or officials to declare invalid and / or cancellation of actions of government officials, along with compensation. after this regulation, citizens who consider the government to not take proper covid-19 preventive measures, have not been fully serious in providing health services to citizens who have tested positive for covid-19, or have not maximized efforts to prevent the spread of covid-19 these citizens can file lawsuits against the government. this lawsuit is in accordance with the provisions contained in article 2 paragraph (1) of the regulation no.2 2019 "cases of unlawful acts by government agencies and / or officials (onrechtmatige overheidsdaad) are the authority of the state administrative court". this lawsuit will then be processed by the state administrative court, where it will prove the violations committed by the government against citizens regarding their constitutional rights. these constitutional rights are in accordance with those contained in article 28 h paragraph (1) above, so that if the lawsuit has been granted and it has been proven that the government is considered negligent in fulfilling constitutional rights, or has not fully met the prevention of the covid-19 outbreak, citizens can ask for the right of harm to the government in accordance with the losses suffered by citizens during the covid-19 outbreak. the claim for damages that can be made by the public is a civil suit which is written in article 1365 of the civil code regarding acts against the law (onrechtmatigdaad), namely: "every act violating the law that brings harm to others, obliges the person who due to his wrongdoing to issue the loss, to compensate for the loss" the concept of accountability in article 1365 then becomes the absolute basis that anyone who by his actions can cause harm to someone, then the person who has done that can be asked for damages for it. this also becomes the basis that the state as one of the legal subjects can be asked for losses if the decisions taken can cause harm to the community. 4. conclusion the state as one of the legal subjects in fulfilling its duties and obligations has the same responsibilities as other legal subjects. when the state is deemed to have committed an act that violates the law and is indicated to have resulted in losses incurred to a person, the state is also obliged to compensate for the losses suffered by that person. this is also the basis that the constitutional rights of citizens are an absolute obligation of the government in fulfilling them. when it is felt that the constitutional rights of the community have not been fulfilled, or the community feels that they have been disadvantaged, then the community has the right to ask for losses for what has been done by the state to them in relation to the fulfillment of these rights. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 172 references https://www.cnnindonesia.com/teknologi/20200326144636-185-487127/itb-prediksi-akhirpandemi-corona-ri-bergeser-hingga-lebaran. kitab undang – undang hukum perdata. marzuki, peter mahmud. (2010).“ penelitian hukum” jakarta,:kencana prenada. peraturan perundang – undangan. peraturan mahkamah agung nomor 2 tahun 2019 tentang pedoman penyelesaian sengketa tindakan pemerintahan dan kewenangan mengadili perbuatan melanggar hukum oleh badan dan/atau pejabat pemerintahan (onrechtmatige overheidsdaad) berita negara republik indonesia tahun 2019 nomor 940. undang – undang dasar negara republik indonesia tahun 1945. undang – undang nomor 4 tahun 1984 tentang wabah penyakit menular lembaran negara republik indonesia nomor 20 dan tambahan lembaran negara tahun yang telah dicetak ulang ln 1984/20; tln no. 3273. undang undang nomor 11 tahun 2005 tentang pengesahan international covenant on economic, social dan cultural rights (kovenan internasional tentang hak – hak ekonomi, sosial, dan budaya) (kovenan ekosob) lembaran negara republik indonesia tahun 2005 nomor 118. undang – undang nomor 24 tahun 2007 tentang penanggulangan bencana lembaran negara republik indonesia tahun 2007 nomor 66. undang undang nomor 36 tahun 2009 tentang kesehatan lembaran negara republik indonesia tahun 2009 nomor 144. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.cnnindonesia.com/teknologi/20200326144636-185-487127/itb-prediksi-akhir-pandemi-corona-ri-bergeser-hingga-lebaran https://www.cnnindonesia.com/teknologi/20200326144636-185-487127/itb-prediksi-akhir-pandemi-corona-ri-bergeser-hingga-lebaran yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 137 protection from the government related to manpower rights handling covid-19 patients hendro suwono faculty of law, mayjen sungkono university mojokerto e-mail: hendrosuwono20339@gmail.com abstract health workers have a very important role in the implementation of health efforts carried out in terms of providing health services for the community in accordance with laws and regulations. during the covid 19 pandemic it was recorded that a number of medical personnel died due to exposure to covid 19. this legal research aims to determine the role of the government in providing protection for medical personnel who handle covid 19. keywords: medical personnel, covid 19, government 1. introduction addressing the preamble of the 1945 constitution clearly states the ideals of the indonesian nation which are also the national goals of the indonesian nation, namely protecting the entire indonesian nation and all indonesian bloodshed and advancing public welfare, educating the nation's life and participating in implementing world order. based on freedom of eternal peace and social justice. in order to achieve this national goal, a sustainable development effort is carried out which is a series of comprehensive and integrated development, including health development. health, which is a basic right as in human rights, must be realized in accordance with the ideals of the indonesian people as referred to in pancasila and the preamble to the 1945 constitution of the republic of indonesia. therefore, every activity and effort to improve the public health status as high as possible implemented based on the principles of non-discrimination, participation, protection, and sustainability which are very important for the formation of indonesia's human resources, enhancing the nation's resilience and competitiveness, and national development. efforts to increase the level of health begin with efforts to cure diseases which then develop into health efforts for the entire community by involving the community at large which includes promotive, preventive, curative and rehabilitative efforts that are comprehensive, integrated and sustainable. a medical action can never be separated from the participation of health workers. the definition of health workers according to the law of the republic of indonesia number 36 of 2009 concerning health (hereinafter referred to as the health law) is anyone who devotes himself to the health sector and has knowledge and / or skills through education in the health sector which for certain types requires the authority to perform health efforts. who has http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 138 declared corona virus disease 2019 (covid-19) a pandemic. the spread of covid-19 in indonesia is now increasingly widespread across regions and across countries accompanied by an increase in the number of cases and / or the number of deaths. this situation is increasingly having an impact on the political, economic, social, cultural, defense and security aspects, as well as the welfare of the people in indonesia, so a comprehensive strategy and efforts are needed to accelerate the handling of covid-19. observing the spread and transmission of covid-19 in indonesia which is increasingly concerning, the government through presidential decree no.11 of 2020 concerning the determination of public health emergencies for corona virus disease 2019 (covid-19) has declared covid-19 as a type of disease that causes public health emergencies and stipulates public health emergencies for corona virus disease 2019 (covid-19) in indonesia, which requires countermeasures in accordance with the provisions of laws and regulations. in addition to presidential decree number 11 of 2020, the president has also issued presidential decree number 12 of 2020 concerning the determination of non-natural disaster for the spread of corona virus disease 2019. reporting from the electronic media compass, it was noted that 130 medical personnel had died due to exposure to the corona virus and 92 nurses. of course this is a red report card for the government in terms of controlling the covid virus and protecting medical personnel. this legal research aims to determine the protection of the rights of medical personnel who treat covid 19 patients from the government of the republic of indonesia and provide contributions to the authorities in the health sector. 2. research methods this type of research in legal research is normative legal research, which is a process of finding legal rules, legal principles, and legal doctrines in order to answer legal issues faced (peter mahmud marzuki, legal research, 2011). researchers use the normative type of research because this research is to find coherence, namely whether there are legal rules in accordance with legal norms and are there norms in the form of orders or prohibitions in accordance with legal principles, and whether one's actions are in accordance with legal norms or legal principles (peter mahmud marzuki, revised edition of legal research, 2014) as this research is to find. in this study, researchers used three problem approach methods, namely, the statutory approach, the conceptual approach. the statutory approach is carried out by examining all laws and regulations related to the legal issue being handled. [1] in this study, the laws used are law no. 36 of 2009 concerning health, law no. 36 of 2014 concerning health workers and the decree of the minister of health of the republic of indonesia number hk.01.07 / menkes / 392/2020 concerning providing incentives and compensation deaths for health workers handling corona virus disease 2019 (covid-19). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 139 the conceptual approach departs from the views and doctrines developed in the science of law. studying views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. in the conceptual approach, new legal knowledge will be found. the formulation of the problem will then be analyzed with the existing concepts and theories. in this study, researchers used legal material sources, including: primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. primary laws to be used in this research include law no. 36 of 2009 concerning health, law no. 36 of 2014 concerning health workers and decree of the minister of health of the republic of indonesia number hk.01.07 / menkes / 392/2020 regarding providing incentives and compensation for health workers who deal with corona virus disease 2019 (covid-19). secondary legal materials are in the form of all legal publications that are not official documents. publications on law include text books, legal dictionaries, legal journals, and commentaries on court decisions. in this research, the secondary legal materials used include books in the field of law, papers, articles, and theses. 3. discussion legal position of health workers in legislation invitation human beings as dignified beings have a number of basic rights that must be protected, such as the right to life, the right to speak, the right to assembly, and the right to religion and belief. human rights values emphasize basic rights that must be protected and respected. human rights have the principles of equality and human freedom so that there is no discrimination, exploitation and violence against humans in any form and there are also no restrictions and restrictions on basic human freedoms. human rights as a gift from god almighty are formulated as inherent natural rights possessed by humans as gifts from god to human beings in sustaining and maintaining their life and pre-existence on earth. (nurul qamar, 2013, human rights in a state of law democracy, sinar grafika, jakarta, p. 10). the health law defines that a health worker is anyone who devotes himself to the health sector and has knowledge and / or skills through education in the health sector which for certain types requires the authority to carry out health efforts. article 11 (1) of the law of the republic of indonesia number 36 of 2014 concerning health workers (hereinafter referred to as the law on health workers) classifies health workers including: a. medical personnel; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 140 b. clinical psychologist; c. nursing staff; d. midwifery staff; e. pharmaceutical personnel; f. public health workers; g. environmental health personnel; h. nutritionist; i. physical energy; j. medical technical personnel; k. biomedical engineering staff; l. traditional health workers; and m. other health workers. the government as the authority in regulating health workers has assigned duties and authorities as in several articles, namely: a. article 4 of the law on health workers it states that the government and local governments are responsible for regulating, fostering, monitoring and improving the quality of health workers, planning, procuring and utilizing health workers according to their needs, protecting health workers in carrying out their practices. b. article 5 of the health workforce law in carrying out its responsibilities, the government has the authority to: establish a national scale health worker policy in line with national development policies, plan the needs of health workers, procure health workers, utilize health workers, develop, supervise and improve the quality of health workers through implementation of competency certification activities and implementation of health worker registration. the health workforce law qualifies that health workers under article 8 consist of health workers and assistant health workers. the basic difference is that health workers have a minimum diploma 3 education while assistant health workers are at least senior high school in the health sector. a health profession has rights and obligations, especially health workers as stipulated in article 57 of the health workers law, which states that in carrying out their practice, health workers have the right to: a. obtain legal protection as long as they carry out their duties in accordance with professional standards, professional service standards, and standard operating procedures. ; b. obtain complete and correct information from health service recipients or their families; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 141 c. receive fees for services; d. obtain protection for occupational safety and health, treatment in accordance with human dignity, morals, morals, and religious values; e. get the opportunity to develop his profession; f. rejecting the wishes of health service recipients or other parties that are contrary to professional standards, code of ethics, service standards, standard operating procedures, or the provisions of laws and regulations; and g. obtain other rights in accordance with the provisions of the laws and regulations. in order to maintain a balance between the rights and obligations of health workers, the obligations of health workers are regulated in article 58 (1) that in carrying out the practice, health workers are obliged to: a. provide health services in accordance with professional standards, professional service standards, standard operating procedures, and professional ethics as well as health needs of health service recipients; b. obtain approval from the health service recipient or their family for the action to be given; c. maintain health confidentiality of health service recipients; d. make and keep records and / or documents regarding examinations, care, and actions taken; and e. refer recipients of health services to other health workers who have the appropriate competence and authority. not only rights and obligations, health workers have responsibilities stipulated in article 60 of the law, including: a. obliged to devote oneself in accordance with the scientific field they have; b. increase competence; c. behave and behave in accordance with professional ethics; d. prioritizing the interests of society over personal or group interests; and e. carry out service quality control and cost control in carrying out health efforts. the role of the government in the protection of health workers who deal with covid patients 19 the state is an institution that provides protection to the people and their staff, legal protection of human rights is carried out to achieve the welfare of each of its citizens. according to fitzgerald, quoted by satjipto raharjo as saying that the origin of the emergence of this theory of legal protection comes from the theory of natural law or the flow of natural law. this flow was pioneered by plato, aristotle and zeno. according to the flow of natural law, it states that the law comes from god who is universal and eternal, and between law and morals cannot be separated. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 142 adherents of this school view that law and morals are internal and external reflections and rules of human life which are manifested through law and morals (satjipto raharjo, ilmu hukum, pt. citra aditya bakti, 2000). satjito rahardjo argues that legal protection is an effort to protect someone's interest by allocating a human right to the power to act in his interests. in 2020 there has been a covid 19 emergency which has harmed the state and society, in an effort to handle the covid-19 case the ministry of health has established a referral hospital for handlinginfectious diseases emerging certainand a hospital that can provide services for covid-19 patients and operate hospitals. emergency covid-19, such as at wisma athlete, galang island special hospital for covid-19 infection. in addition to hospitals, in an effort to handle covid19 cases, there are laboratories capable of providing services in the form of examiningspecimens corona virus disease 2019 (covid-19). public health centers (puskesmas) and health institutions such as the provincial health service, district / city health office, port health office (kkp), as well as the environmental health and disease control engineering center (btkl-pp) and the center for environmental health engineering and control diseases (bbtkl-pp) technical implementation unit of the ministry of health which is involved in covid-19 health services and other health service facilities, both hospitals owned by the central government, hospitals owned by the regional government and private hospitals. the covid-19 pandemic situation requires the participation of all parties to contribute to its handling. efforts to handle covid-19 are the responsibility of the central government, provincial government, regency / city government, the private sector, and all elements of society in the territory of the republic of indonesia. that the presence of health workers is an important factor and determines the success of these efforts. the role and real work of health workers from various types of professions as the frontline in efforts to deal with covid-19 are very important and needed to accelerate the handling of this pandemic. the task force for the acceleration of handling of corona virus disease 2019 (covid-19) and governors, regents and mayors as chair of the task force for the acceleration of handling corona virus disease 2019 (covid-i9) in the regions, in determining policies in each region must pay attention to government policies center. it has been regulated by the decree of the minister of health of the republic of indonesia number hk.01.07 / menkes / 392/2020 concerning the providing of incentives and death compensation for health workers handling corona virus disease 2019 (covid-19) with several things stipulated in the decree, including that: 1. health workers those who handle corona virus disease 2019 (covid-19) are given incentives and death benefits. 2. guidelines for the implementation of incentives and compensation for death as referred to in the first dictum are listed in the appendix which is an integral part of this ministerial decree. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 143 3. the guidelines as referred to in the second dictum aim to provide a reference for every leader of health service facilities, leaders of health institutions, central government, provincial government, and regency / city government in providing incentives and death benefits for health workers who handle corona virus disease 2019 ( covid-19). 4. incentives and death benefits for health workers who handle corona virus disease 2019 (covid-19) are given starting from march 2020 to may 2020, and can be extended in accordance with the provisions of laws and regulations. the scope and objectives of the decree of the minister of health of the republic of indonesia number hk.01.07 / menkes / 392/2020 concerning the providing of incentives and death compensation for health workers handling corona virus disease 2019 (covid-19) includes: 1. criteria for health service facilities or health institutions who are entitled to receive incentives and death benefits. 2. the criteria for health workers who are entitled to receive incentives and death benefits. 3. procedures for paying incentives and compensation for death, starting from the process of proposing, verification to disbursing incentives and compensation for death. the purpose of establishing the minister of health's decision cannot be separated as a reference for leaders of health service facilities, leaders of health institutions, the central government, provincial governments and regency / city governments in providing incentives and death benefits for health workers handling covid-19. the target of providing incentives and compensation for death consists of health workers, both state civil servants, state civil servants, and private employees. in the minister of health's decision, there is a mechanism for providing incentives and compensation for death. incentives for health workers: amount of incentives for health workers a. the maximum incentive for health workers who provide covid-19 services in the hospital is: 1. specialist idr 15,000,000 / ob 2. general and dental doctor idr 10,000,000 / ob 3. midwives and nurses idr 7,500,000 / ob 4. other medical personnel idr 5,000,000 / ob the amount of incentives given to doctors who take part in special assignments for residents and doctors who take part in the indonesian doctors internship program at hospitals involved in handling covid-19 is a maximum of idr 10,000,000 ( ten million rupiah) while doctors who take part in the indonesian doctors internship program at puskesmas who are involved in handling covid-19 are at a maximum of rp.5,000,000 (five million rupiah). the maximum amount of incentives given to doctors who participate in specialist doctor utilization involved in handling covid-19 is idr 15,000,000 (fifteen million rupiah). the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 144 amount of incentives for health workers at the institute for environmental health and disease control engineering (btkl-pp) and the center for environmental health and disease control engineering (bbtkl-pp) for the technical implementation unit of the ministry of health, is given according to the size of each type of health worker. incentives for health workers at the port health office (kkp), provincial health office and district / city health office, puskesmas including health workers who participate in the special assignment of health workers in supporting the healthy nusantara program, a maximum of idr 5,000,000 (five million rupiah) equivalent to the incentive amount for other medical personnel. incentives for health workers and other personnel involved in carrying out examination ofspecimens corona virus disease 2019 (covid-19)directly in the laboratory set by the ministry of health at a maximum of idr 5,000,000 (five million rupiah) equivalent to the amount of labor incentives other medical. in the case of health workers and other personnel who conduct examination ofspecimens corona virus disease 2019 (covid-19)directly in a laboratory with a strata 3 (s3) education, clinical pathology specialists and clinical microbiology specialists, the amount of the incentive is equal to the amount of the doctor's incentive specialist. the amount of incentives given to health workers at the center for community lung health, the ministry of health's technical implementing unit for handling covid-19 is equivalent to the incentive for health workers handling covid-19 at the puskesmas. in the event that health workers who participate in the special assignment of health workers in support of the healthy nusantara program are involved in handling covid-19 at the hospital, incentives are given in the amount according to the size of each type of health worker handling covid-19 in the hospital. in order to verify the proposed incentives for health personnel, a verification team was formed at the ministry of health, provincial government, regency / city government, health service facilities, and health institutions. health research and development agency. the ministry of health verification team is appointed by the secretary general of the ministry of health, consisting of at least the main units of the ministry of health: 1) secretariat general; 2) directorate general of health services; 3) directorate general of public health; 4) directorate general of disease prevention and control; 5) health human resources development and empowerment agency; and the tasks of the ministry of health verification team include: 1. verifying and validating proposals made by leaders of health service facilities, health http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 145 institutions, or the head of the ppsdm health agency; 2. make notes on the results of verification and validation if necessary; and 3. submitting recommendations on the results of verification and validation through the head of the ppsdm health agency to: a) the head of the health service facility or the head of the proposing health institution if the results are not suitable; or b) commitment making officer (ppk), if the results are appropriate, then the incentive payment disbursement will be processed. the provincial health office verification team is appointed by the head of the provincial health service, with the elements at least consisting of the internal supervisory unit (spi), service elements in health service facilities or health institutions; and management elements of health service facilities or health institutions. the duties of the verification team at the provincial health office include: a) verifying and validating proposals submitted by the head of health service facilities or leaders of health institutions; b) make notes on the results of verification and validation if necessary; and c) prepare and submit a recapitulation of the verification results to the head of the provincial health office. 4. conclusion covid 19 has an impact on aspects of life globally that are detrimental to all parties so that the government and society are required to join hands to break the chain of the spread of covid 19, the role of health workers during the covid 19 pandemic is very important, to appreciate medical action is necessary incentives are given to health workers who work as the frontline for handling covid 19 and in practice, not only health workers will be exposed to the risk of covid 19 transmission, the government needs to review conditions in the practice of parties other than health workers who are at high risk of covid transmission 19. references johan, bahder,(2005). doctor's accountability health law, jakarta: rineka cipta. marzuki, mahmud peter, (2011). legal research, jakarta: kencana prenada media group. ns. ta'adi, (2013). health law (sanctions & motivation for nurses), jakarta: medical books. notoatmodjo, soekidjo, (2010). ethics and health law, jakarta: rineka cipta. praptianingsih, sri, (2006). the legal position of nurses in health service efforts in hospitals, jakarta: pt. rajagrafindo persada. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 146 qamar, nurul, (2013). human rights in a state of democratic law, jakarta: sinar grafika. raharjo, satjipto, (2000). law science, bandung: pt. citra aditya bakti. soeprapto, pitono, (2006), ethics and law in the health sector, surabaya: airlangga university press. soerjono, s.s.h.prof.dr.ma, herkunto, dr. (1987), introduction to health law. bandung: youth work. theresia louize pesulima1, yosia hetharie,(2020). legal protection of work safety for health workers due to the covid-19 pandemic, ambon: sasi. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 173 digitalization of notary deeds in the era of industrial revolution 4.0 in facing the covid-19 pandemic yoga andriyanto, sh / dr. rusdianto sesung, sh, mh faculty of law, narotama university surabaya e-mail: yogaandriyanto15 @ gmail.com / dean.fh @ narotama.ac.id abstract purpose of this research is first, to analyze the digitization of deeds and notary deeds that do not conflict with the law on notary position. second, to analyze legal certainty in changing the behavior of notaries who use digital media in the era of the industrial revolution 4.0 and facing the covid-19 pandemic when making and storing minimum deeds. this research uses normative legal research methods. this research concludes, firstly: notary deed and minuta deed are very important state documents, so that in their storage the notary is obliged to maintain and safeguard them properly, regulated in uujn article 1 point 13. storage of notary deed minuta documents using electronic media has not been regulated in uujn, however, article 6 of the ite law considers the validity of an electronic document, even though the evidence according to article 1866 of the criminal code and article 184 of the criminal procedure code does not explain the existence of electronic evidence, in which a notary deed is an authentic deed in accordance with uujn article 1 point 1. second: changes in the work behavior of notaries in the era of the industrial revolution 4.0 and facing the covid-19 pandemic, the creation and storage of digital notary deeds requires certainty and protection from the government and the indonesian notary association (ini). digitalization as a form of notary adhering to health protocols and protection for minimum notary deeds from damage caused by natural disasters, fire and being eaten by termites and excess space. keywords: notary, minuta akta, industrial revolution 4.0, covid-19 pandemic 1. introduction changes in the times are getting faster and force every individual human being to follow these changes. the changes that exist cannot be separated from the intervention of humans themselves, who are willing to innovate for the sake of survival and use their minds to the maximum extent possible, this is done for the benefit of every human being. changes in the human mindset from traditional relying on the tools available in nature, then studying it carefully, and gradually so that humans find a science that is used to create new discoveries in the field of technology. in the 1.0 industrial revolution, it began with the invention of the steam engine, then entered the 2.0 industrial revolution which was marked by the discovery of electrical energy, the industrial revolution 3.0, which was marked by the discovery of digital technology and the internet and now it has entered the era of the 4.0 industrial revolution which is marked by its existence the use of the internet, making it possible to make a connection between machines in the form of electronics, even machines nowadays can think of themselves like living things, which is known as artificial intelligence (ai), which is an artificial intelligence added to a system. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ about:blank yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 174 the government is committed to building a manufacturing industry that has global competitiveness by accelerating the implementation of the industrial revolution 4.0. as a basic rule of implementation, the ministry of industry issued a program called making indonesia 4.0. this program is an integrated roadmap and strategy for indonesia to enter the digital era that is currently running to implement a number of strategies in entering the industrial era 4.0. this aims to create sustainable economic growth (ministry of industry, 2018).1 the industrial revolution 4.0 is atransformation comprehensive of all aspects of production in industry through the combination of digital technology and the internet with conventional industries according to angela merkel (2014). meanwhile, according to schlechtendahl et al. (2015) the industrial revolution 4.0 emphasizes the definition of the speed element of information availability, namely an industrial environment in which all entities are always connected and able to share information with one another. a more technical understanding is conveyed by kagermann et al (2013) that industry 4.0 is an integration of cyber physical systems (cps) and the internet of things and services (iot and ios) into industrial processes including manufacturing and logistics and other processes.2 in today's world conditions that force all human activities to be carried out with social distancing, it can be concluded thatsocial distancingis an act of staying away from and limiting direct contact with other individuals to avoid spreading the disease. especially the corona virus (covid-19) which is currently rife.3 even working at home for the sake of breaking the chain of spread of the corona virus or covid-19, the use of technology in this case the internet is needed to help human work in the midst of the current covid-19 pandemic, with the use of the internet this makes changes in human behavior at work increasingly required to further increase knowledge about the use of the internet itself, so that work can continue even in the midst of a pandemic. the use oftechnology internet as a very capable tool in the era of industrial revolution 4.0 and the covid-19 pandemic is very influential in aspects of human work, such as making deeds in notary offices, and storing data that is done electronically can save space and space compared to conventional storage and coupled with risks such as fire, flood, earthquake, tsunami, liquefaction, and being eaten by termite insects. the development of the world of digitization is what makes every job easier, data creation and storage in electronic form, this can be done by utilizing information 1 edison h manurung's, the role of law and the challenges of law enforcers in facing the era of the industrial revolution 4.0, faculty of engineering, mpu tantular university, vol. 1, no. 2, 2019, p. 131 2 https://id.wikipedia.org/wiki/revolusi_industri_4.0, diakses selasa, 24 november 2020, pukul 20.22 3 mareta fauziah, https://campuspedia.id/news/social-distancing-ini-arti-danmanfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam .,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit, diakses senin, 07 desember 2020, pukul 23.38 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://id.wikipedia.org/wiki/komprehensif https://id.wikipedia.org/wiki/angela_merkel https://id.wikipedia.org/w/index.php?title=schlechtendahl&action=edit&redlink=1 https://id.wikipedia.org/w/index.php?title=kagermann&action=edit&redlink=1 https://id.wikipedia.org/wiki/revolusi_industri_4.0 https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 175 technology such as email, whatsapp, telegram and storage media like, google drive, cloud and others. notary is one of the professional positions which in practice requires the storage of important documents for the parties, namely, in the form of a notary protocol containing the minutes of notary deeds. this is regulated in article 1 number 13 of law number 2 of 2014 concerning regulation of notary position "notary protocol is a collection of documents which are state archives which must be kept and maintained by a notary in accordance with the provisions of laws and regulations", then article 16 paragraph ( 1) letter b uujn 2014 "make a deed in the form of minuta deed and keep it as part of the notary protocol". changes in behavior in the midst of the covid-19 pandemic and the current development of the 4.0 industrial revolution era, forcing all parties, including notaries, to change their work behavior towards tappers who come to their offices, so that the implementation of health protocols continues to run well and services to the users can also be fulfilled. in this case, the indonesian notary association needs to fully control the process of changing the work behavior of notaries at this time and be supervised by the ministry of law and human rights, with strong security when notaries use digital media at work. first, does digitizing deeds and notary deeds not contradict the law on notary position? second, what is the legal certainty in changing the behavior of notaries who use digital media in the era of the industrial revolution 4.0 and facing the covid-19 pandemic when making and storing minimum deeds? 2. research method this research method is normative legal research, so that more than one research approach can be used.4 the object of this research is "digitalization of notary deeds in the era of the industrial revolution 4.0 in facing the covid-19 pandemic." meanwhile, the collection of research material was carried out by studying the laws and regulations that have a relationship with the problem, in the form of primary data and secondary data. the main secondary is textbooks because textbooks contain basic principles of law science and classic views of highly qualified sajrajana5 3. results and discussion notaries in practice always refer to uujn as rules that guide notaries in making and storing minuta deed as a notary protocol. regarding the storage of the deed minuta, most notaries in 4 johnny ibrahim dalam reza ardiyanto dan moh. saleh, juridical implication of falsification of signature in minutes of deed of notary position (study of the supreme court's decision number 1234 k / pid / 2012), fakultas hukum, universitas narotama, vol. 16 no. 1, 2020, hlm. 4 5 peter mahmud marzuki, penelitian hukum edisi revisi, prenadamedia group, jakarta, 2005, hlm. 182-183 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 176 indonesia still use the conventional system (paper documents), and it is a habit that occurs in notary offices. this is also because uujn has not directly regulated the making and storage of deed minuta.as a notary protocol in digital form, so options in digital form are still difficult to implement, even though technological developments in the era of industrial revolution 4.0 and the covid-19 pandemic are currently very much required to use digital technology as best as possible and as much as possible for ease of work and still obeying social distancing as a form of health protocol. a pandemic is an epidemic that occurs on a scale that crosses international borders, usually affecting large numbers of people.6 with a pandemic like this, many countries, including indonesia, have implemented health protocols in order to break the chain of the spread of the corona virus, a change in behavior in activities like this has also been experienced by notaries throughout indonesia. there is a change in the behavior of notaries who are required to continue to open their offices and apply health protocols with staff and other parties who need notary services to make deeds. the application of digitizing deeds and notary deeds in the era of the industrial revolution 4.0 and the current pandemic certainly poses a challenge for notaries. the change in the behavior of notaries who are in direct contact with the parties to make deeds conventionally must comply with the rules of the health protocol, up to making deeds and storing conventional deeds (paper documents) to electronic documents, of course the notary must review all relevant laws and regulations. and increase their knowledge and skills in operating internet-based digital media applications which will become a place for notaries to make deeds and save their interests. when meeting with the parties, making deeds and storing minuta in electronic form, the notary needs to prepare several important aspects, including the following: a. implementing the covid-19 protocol rules and providing the infrastructure for enforcement of health protocols. running wash basin. provide soap for hand washing. mandatory use of masks. require distance between staff, tappers and notaries themselves. not making physical contact such as shaking hands with tappers. b. storing the minimum deeds into a database. database can be defined or interpreted as a collection of data stored systematically on a computer that can be processed or manipulated usingsoftwareprograms or 6 https://id.wikipedia.org/wiki/pandemi#cite_note-porta2008-3, diakses jumat, 04 desember 2020, pukul 22.37 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://id.wikipedia.org/wiki/pandemi#cite_note-porta2008-3 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 177 applications to produce information. database definition includes specifications in the form of data types, data structures and also limitations on the data that is then stored.7 c. there is the hardware needed to store the database. hardware or hardware are various things that act as support for data processing operations. hardware thisincludes memory, terminals and other computer devices.8 d. have an it support team. it support is a technician whose role is to evaluate and improvements to the technology company's three main objects, namely computers, software, and network systems development(networksystem).9 the it support team has several responsibilities and duties, namely: ● ensuring all computers can be used. ● make sure all computers are connected to the network. ● ensuring all applications can be used and run smoothly. ● store all data on the computer used by the user. ● making technical reports by means of documentation. ● understand and master computer basics. ● understand the working principles of switches, routers and others. ● restore data if you experience problems with your computer. ● make settings on the browser. ● repair and get your broken computer ready in the shortest possible time.10 some of the important aspects above support the implementation of deeds and storage of notary deeds in digital form, so that the notary office is following developments in the era of the industrial revolution 4.0 and the current covid-19 pandemic. digitizing deeds and minutes of notary deeds. notary deeds are authentic evidence which contains the interests of the parties, so the notary deed is a state document that must be properly guarded by a notary as a notary protocol as stipulated in article 1 number 13 uujn. it is very important that the notary keep the deed of minuta very carefully so that the notary must have very good security from various forms of risk that the deed minuta can experience. fires, natural disasters and being eaten by termites are some of the threats that notaries will face in storing paper documents. 7 https://www.termasmedia.com/lainnya/software/69-pengertian-database.html, diakses jumat, 27 november 2020, pukul 23.25 8 https://qwords.com/blog/komponen-basis-data/, diakses jumat, 27 november 2020, pukul 00.00 9 https://www.linovhr.com/tugas-it-support/, diakses jumat, 27 november 2020, pukul 23.48 10 ibid. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://www.termasmedia.com/lainnya/software/69-pengertian-database.html https://qwords.com/blog/komponen-basis-data/ https://www.linovhr.com/tugas-it-support/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 178 the notary is responsible for maintaining and maintaining the minimum deed as a notary protocol, here are some theories regarding responsibility: a. the fautes de service theory, which is a theory which states that losses to third parties are borne by the agency of the official concerned. in its application, the losses incurred are also adjusted to whether the mistakes committed are serious or minor mistakes, where the severity of an error has implications for the responsibility that must be borne. b. the theory of fautes personelles, which is a theory which states that losses to third parties are borne by employees because their actions have caused losses. in this theory, the burden of responsibility is shown to humans as individuals.11 it is a fact that conventional transactions using paper seem to have turned into transactions using electronic systems.12 likewise, what has been experienced in the implementation of the notary's performance, which is starting to be faced with the times, so that all forms of transactions carried out by clerk have often used electronic media, such as paying notary fees using the digital transfer method through a bank account. then the use of internet media in registering legal entities in the form of pt, cv and so on, the use of technology media should be utilized maximally by notaries so that notaries in carrying out their positions can keep up with the changing times. it becomes a challenge in itself for notaries when the minimum deed is turned into an electronic document, the notary who carries out his duties and authority to make a deed based on uujn must pay attention to the advantages and disadvantages of storing the deed minuta electronically, with conventional storage of minutas (paper documents). in this connection, the urgency of the function and role of notaries electronically has surfaced in the 2004 international coongress from latin notary which was discussed in the working group on theme ii (the notary and electronic contracts).13 in the era of the industrial revolution 4.0 and accompanied by the covid-19 pandemic, forcing notaries to participate in using technology massively, in its services to the notary community using digital media such as zoom applications, email, whatsapp, telegram to conduct virtual meetings. the existence of covid-19 has triggered the use of technology to become more massive, this should be addressed more carefully by the government, by making a special rule for notaries when a formal activity is carried out with digital media has a protection, even though at this time uujn itself does not regulate regulations. to digitizing the creation and storage of the notary deed minimum and still applying the conventional system, must be present in front of the notary directly and the notary does not yet have the means to make and save the minuta deed. 11 ridwan hr, hukum administrasi negara, pt. raja grafindo persada, jakarta, 2006, hlm. 365 12 edmon makarim, notaris dan transaksi elektronik, rajawali pers, depok, 2018, hlm. 9 13 ibid, hlm. 10 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 179 legal certainty for notaries article 1 number 1 uujn "notaries are public officials who are authorized to make authentic deeds and have other powers as referred to in this law or based on other laws." the notary makes an authentic deed, then from the deed made, the notary keeps the original deed in the form of a minimum, then a copy is given to the authorized parties in the deed, this is in accordance with article 15 paragraph (1) uujn "notaries are authorized to make authentic deeds of all actions. , agreements, and stipulations required by laws and regulations and / or those interested in being included in the authentic deed, guaranteeing the certainty of the making of the deed, keeping the deed, giving grosse, copy and excerpt of the deed, all as long as the making of the deed is not also assigned or excluded to other officials or other people by law. " according to philipus m. hadjon's opinion, authority (bevoegdheid) is expressed in the concept of public law relating to legal power or defined as legal power (rechtsmacht).14 the notary's authority in making authentic deeds as referred to in article 1 number 1 uujn "notaries are public officials who are authorized to make authentic deeds and have other powers as referred to in this law or based on other laws". in this case, authority is defined as the ability to act to carry out an act and a legal relationship that is given by law.15 when a notary makes a deed as a notary protocol based on uujn, it has not been regulated regarding the storage of deed minutes electronically, this is also a debate among notaries who are already in office, and it becomes a legal vacuum for notaries who want to digitize the minimum amount of deeds. article 1 point 13 uujn explains "notary protocol is a collection of documents which is a state archive which must be kept and maintained by a notary in accordance with the provisions of the legislation". here the notary is obliged to maintain the minimum amount of the deed as well as possible, so that there is no accident that could endanger the minuta deed itself. proof of notary deed in digital form in the era of therevolution industrial4.0 in facing the covid-19 pandemic in this difficult time, remember that each of us has an important role. together we can protect ourselves and protect others and survive the covid-19 outbreak. we can deal with the outbreak faster with the right actions.16 the covid-19 pandemic forces humans to work more creatively and innovatively, so that every job can continue even though they still carry out health protocols. in the era of the industrial 14 philipus m. hadjon, tentang wewenang, makalah bulanan yuridika no. 5-6 tahun xii september desember, universitas airlangga, 1997, surabaya, hlm. 1 15 sf. marbun, peradilan administrasi negara dan upaya administrasi di indonesia, liberty, yogyakarta, 1997, hlm. 154 16 https://covid19.go.id/edukasi/pengantar/pengantar, diakses sabtu, 05 desember 2020, pada pukul 02.20 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://covid19.go.id/edukasi/pengantar/pengantar yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 180 revolution 4.0 at this time is also a form of progress made by humans in the form of the use of internet technology that has been carefully developed by humans. it becomes an advantage for humans when the use of the internet is used wisely and well so that the benefits of the internet can be felt in everyday life, especially in the world of professional work, such as a notary. industry terminology 4.0 was first introduced at the hannover fair, germany in 2011 which later introduced the term industry 4.0. at first, industrial terminology 4.0 was the name for the initiation of the german government's technology strategy towards 2020. in a literature review conducted by a research team from the university of dortmund, germany (hermann, mario pentek, tobias otto and boris, 2015) found several key concepts in industrial terminology. 4.0, which according to them the concept is a component of industry 4.0, namely: (1) cyber-physical system (cps); internet of things (iot); internet of services (ios); and smart factory. from these key components, hermann, et al defined industry 4.0 as follows: “we define industrie 4.0 as follows: industrie 4.0 is a collective term for technologies and concepts of value chain organization. within the modular structured smart factories of industrie 4.0, cps monitor physical processes, create a virtual copy of the physical world and make decentralized decisions. over the iot, cps communicate and cooperate with each other and humans in real time. via the ios, both internal and cross-organizational services are offered and utilized by participants of the value chain ”.17 deeds and deeds made by notaries, in this case, should be able to keep up with the increasingly advanced times in the technology sector, so that these deeds and deeds can be made not only in conventional form (paper documents) but can also be made in the form of digital documents. minuta notary deed is a very important state document and must be guarded and cared for by a notary public. the importance of these deeds should be given special attention by notaries so that they are not damaged by natural disasters, fires and eaten by termites. there are currently pros and cons among notaries, when a deed is turned into an electronic document, how can it prove it in court as perfect evidence if the deed is turned into an electronic document. in article 6 of law number 11 year 2008 concerning electronic information and transactions or it can be called the ite law "in the event that there are provisions other than those regulated in article 5 paragraph (4) which require that information must be in written or original form, electronic information and / or electronic documents are considered valid as long as the information contained therein can be accessed, displayed, guaranteed its integrity, and can be accounted for so as to explain a situation. " with article 6 of the ite law, there should be a guarantee that electronic documents can be created and their protection guaranteed, in article 32 paragraph (1) of the ite law "every person intentionally and without rights or against the law in any way changes, adds, reduces, carries out transmitting, destroying, removing, transferring, hiding any electronic 17 edison h manurung, op. cit., hlm. 130 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 181 information and / or electronic documents belonging to other people or public property. " paragraph (2) "any person who knowingly and without rights or against the law in any way transfers or transfers electronic information and / or electronic documents to the electronic system of another person who is not entitled." protection of these electronic documents is regulated by the ite law, so that the security in their storage can be guaranteed and protected from people who are not entitled to the minuta deed. this is the same as uujn article 54 paragraph (1) “notaries can only give, show, or provide the contents of the deed, grosse deed, copy of deed or quotation of deed, to people with direct interest in the deed, heirs, or people who obtain rights, unless stipulated otherwise by the laws and regulations. " this is actually in line with article 32 paragraph (1) and (2) of the ite law above because of the laws and regulations governing these electronic documents, in this case the minimum notary deed. even though article 1866 of the criminal code and article 184 of the criminal procedure code have not explained the issue of proof in the form of electronic documents, sufficient legislation is needed to ensure legal certainty for the minimum amount of deeds in electronic form which is equivalent to the minimum strength of deeds in conventional form (paper documents). inner constraints transition of the notary protocol the notary protocol must be implemented by all notaries in indonesia, in keeping the minimum amount of the act, the notary is always emphasized to maintain and maintain the deed as a state document, however, notaries are in the times of increasing development, especially in the use of digital media. in the current era of the industrial revolution 4.0, the use of internet-based technology is very helpful in every modern human work, one of which is in professional work such as a notary, which demands that a job be made as well as possible, and quickly in order to serve the parties interested in making a deed . however, in the implementation of this digitization, the notary cannot fully implement it, one of which is in making the minimum deed into an electronic document, the notary is still faced with enormous obstacles, according to gatot triwaluyo, sh, m.kn. notaries and land deed making officials (ppat) domiciled in the city of surabaya, east java province, iya said related to the constraints in digitizing the minuta notary deed, namely, that:18 a. there is no law specifically made to regulate the digitization of notary deed minutes, in this case uujn. 18 wawancara dengan gatot triwaluyo, sh, m.kn. notaris dan pejabat pembuat akta tanah (ppat) di surabaya, 1 desember 2020 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 182 b. there are differences in existing infrastructure facilities in each region in indonesia, which of course areas in remote areas still have very minimal infrastructure compared to urban areas. c. costs that will be incurred for managing the minimum deed deposit in electronic form will be borne by the notary only or will be borne by the government. d. there is no special agency such as cyber notary to secure the data of notary public. e. it is feared that there will be an error in the system when the notary carries out electronic data input activities, so that the data of the parties will not be inputted into the electronic data database. when the notary is faced with the above problems when he wants to follow the current era of the industrial revolution 4.0, the notary is still very difficult to keep up with these changes. however, seeing the current work of notaries in the field of digitization, namely, in the form of registering the names of pt, cv, and so on through the website of the ministry of law and human rights, so that the work of a notary is faster and does not require a very long time. 4. conclusion notaries in carrying out their positions are always required to act professionally and always comply with laws and regulations relating to notaries, such as uujn, kuhperdata and so on. the digitization of deeds and notary deeds is a good move for the security of state documents. the covid19 pandemic demands that every job, including notary professional positions, work in compliance with applicable health protocols, and with technological advances in the era of the industrial revolution 4.0, currently, it becomes a supporter of human work who must continue to maintain social distancing. the advantages of digitizing deeds, namely, being able to continue to apply the covid-19 pandemic health protocol and digitizing the minimum certificate can reduce the risk of damage to the minimum certificate in the event of fire, natural disasters and being eaten by termites. the drawback is that currently the implementation of digitization of deeds and notary deeds is still faced with inadequate infrastructure in several regions in indonesia, there are no specific laws and regulations related to the notary position that specifically regulates the digitization issue so that it will risk causing new problems for notary public and parties with an interest in the deed. the author hopes that there will be more advanced developments by the government and notaries in the implementation of digitizing deeds and keeping the minuta deeds, so that in the era of the industrial revolution 4.0 and the current covid-19 pandemic, notaries can continue to work by implementing health protocols to protect notaries personally and their the party that will make the deed, and can better protect a very important state document, namely the minimum of a notary deed. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 183 references civil code (kuhper). criminal procedure code (kuhap) edmon makarim. (2018). notary and electronic transactions, rajawali pers, depok. peter mahmud marzuki. (2005). revised edition of legal research, prenadamedia group, jakarta. edison h manurung. (2019). the role of law and challenges of law enforcement in facing the era of the industrial revolution 4.0, faculty of engineering, mpu tantular university, vol. 1, no. 2, p. 130-131. https://id.wikipedia.org/wiki/rev revolusi_industri_4.0, accessed tuesday, 24 november 2020, at 20:22software/69-pengentuk-database.html. https://www.termasmedia.com/ other/, accessed on friday , 27 november 2020, 23.25 https://qwords.com/blog/komponen-basis-data/, accessed on friday, 27 november 2020, at 00.00. https://www.linovhr.com/tugas-it-support/, accessed on friday, 27 november 2020, at 11:48 p.m. https://id.wikipedia.org/wiki/pandemi#cite_note-porta2008-3, accessed on friday, 04 december 2020, at 22:37. https://covid19.go.id/edukasi/ introduction / introduction, accessed saturday, december 5, 2020, at 02.20benefits/#:~:social% johnny ibrahim in reza ardiyanto and moh. pious. (2020). juridical implication of falsification of signature in minutes of deed of notary position (study of the supreme court's decision number 1234 k / pid / 2012), faculty of law, narotama university, vol. 16 no. 1, p. 4. law number 11 of 2008 concerning electronic information and transactions. no. invitelaw number 30 of 2004 concerning the position of notary public. mareta fauziah,text=20distancing%20sself https://campuspedia.id/news/social-distancing-ini-artidan-% 20 has% 20% 20% 20% 20 very% 20 diverse., direct% 20% 20% 20% 20% 20% 20% 20 avoid% 20% 20 disease, accessed monday, 07 december 2020, 23.38 philipus m. hadjon. (1997). about authority, yuridika monthly paper no. 5-6 year xii september december, airlangga university, surabaya. ridwan hr (2006). state administrative law, pt. raja grafindo persada, jakarta. sf. marbun. (1997). state administrative courts and administrative efforts in indonesia, liberty, yogyakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://id.wikipedia.org/wiki/revolusi_industri_4.0 https://www.termasmedia.com/lainnya/software/69-pengertian-database.html https://qwords.com/blog/komponen-basis-data/ https://www.linovhr.com/tugas-it-support/ https://id.wikipedia.org/wiki/pandemi#cite_note-porta2008-3 https://covid19.go.id/edukasi/pengantar/pengantar https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit https://campuspedia.id/news/social-distancing-ini-arti-dan-manfaatnya/#:~:text=social%20distancing%20sendiri%20memiliki%20arti%20yang%20sangat%20beragam.,langsung%20dengan%20individu%20lain%20untuk%20menghindari%20penyebaran%20penyakit yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 191 legis ratio of school zonation system in receiving new students megantara hanandyo mulyono, indriyanti ayu trisnawati, pongga adji ardiansyah faculty of law, narotama university surabaya e-mail: megantaramulyono@gmail.com abstract education is a process or effort of every nation that is unbroken in nature at all levels of human life, in accordance with the development of society and culture that aims to achieve perfection and maturity in humans, so that with awareness and responsibility can face various problems of life. [1] it can be said that education is the key to the success of a nation, because education can improve the nation's human resources. based on this the government issued regulations that regulate everything about education so that education in indonesia is right on target and in line with expectations. one of them is the minister of education and culture regulation number 20 of 2019 concerning amendments to the minister of education and culture regulation number 51 of 2018 concerning the acceptance of new students in kindergartens, elementary schools, middle schools, high schools, and vocational high schools . wherein the minister of education and culture regulation no. 20 of 2019 is regulated regarding the school zoning system. in which regulates the school zoning system. the research method used in this study is to use normative juridical legal research methods, with 2 (two) approaches, namely: statute approach and conceptual approach. the formulation of the problem of this research is: what is the legis ratio in minister of education and culture regulation number 20 year 2019? the results of this study indicate that the legis ratio of the minister of education and culture regulation no. 20 of 2019 is that the acceptance of new students can be done objectively, accountably, transparently, and without discrimination. in addition, there is also an equitable distribution of quality education. keywords: ppdb, education, national education, school zoning 1. introduction education is a conscious and planned effort to create an atmosphere of learning and learning process so that students actively develop their potential to have spiritual spiritual strength, self-control, personality, intelligence, noble character and skills needed by themselves, society, nation and state. this is in accordance with law no. 20 of 2003 concerning the national education system (purbopranoto, 1976). one of the efforts of each nation to improve the quality of human resources so as to help facilitate the implementation of development is through education. it can be said that education is a basic aspect of life of a nation. the future of a nation is strongly influenced by the quality of the human resources of society formed through education. the directed education process will bring this nation towards a better civilization (roesli et al., 2018). on the other hand, the undirected education process will only take up time, energy and funds without results. it can be said that every country or nation always organizes education for the national ideals of the nation concerned. education is one of the human rights regulated in article 31 paragraph 1 of the 1945 constitution of the republic of indonesia. even in article 31 paragraph 4 of the constitution of the republic of indonesia it is stated that the state prioritizes the education budget of at least 20% http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 192 (twenty percent ) from the state budget (apbn) and from the regional budget (apbd) to meet the needs of national education. this shows that the country is really serious about advancing the nation through education. for the sake of achieving a good and appropriate education system, the government has issued various regulations on education. among them is law number 20 year 2003 concerning the national education system (p. m. pendidikan & indonesia, n.d.). the law is an embodiment of the 1945 constitution of the republic of indonesia in the field of national education. under law no 20 of 2003 concerning the national education system there is the minister of education and culture regulation number 20 of 2019 concerning amendments to the minister of education and culture regulation number 51 of 2018 regarding the acceptance of new students in kindergartens, primary schools, schools junior high school, senior high school, and vocational high school. wherein the minister of education and culture regulation no. 20 of 2019 is regulated regarding the school zoning system (haji, 2016). what is the legal ratio of the minister of education and culture regulation number 20 of 2019 concerning amendments to the minister of education and culture regulation number 51 of 2018 regarding the acceptance of new students in kindergartens, elementary schools, middle schools, high schools, and vocational high school? 2. research methods 1. types of research this type of research used in this study is normative legal research, this research focuses on basic legal norms or the constitution and statutory regulations (statute approach), which relates to the issues examined as main data, namely investigating or reviewing constitutional issues related to the process of accepting new students using the school zoning system 2. research approach the approach used in this research is the 1945 constitution approach and other statutory regulations (statute approach) 3. results and discussion education is the spearhead of the football of a country or nation. through state education trying to improve the quality of the community. because of high human resources, the opportunity to become a developed country is also higher (kristiawan & sari, n.d.). through high human resources, it is expected to be able to increase national development. the pace of development is always pursued along with the times. for this reason, the government has made various efforts and innovations in the world of education. this was done no other than because they wanted to make the indonesian people more advanced and prosperous as our founding fathers had hoped. even http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 193 education is a mandate from the 1945 constitution of the republic of indonesia specifically regulated in article 31 paragraph 1 to paragraph 5 (indonesia, 2003). education is divided into two namely formal and non formal education. formal education is through school bodies either from the government or managed by the private sector. form of education is formal education where we know schools, from kindergarten level, elementary school and madrasah ibtidaiyah, junior high school or which we often know by the name of junior high school or junior high school and madrasah tsanawiyah or better known as mts, secondary school above or often we are familiar with the names of high school (high school) and vocational high school (vocational high school) or other forms of equivalent such as madrasah aliyah or ma, to the level of tertiary education. while non-formal education can be in the form of tutoring outside of school such as private tutoring, home schooling and the like. it is no longer counted how much money has been poured out by the government for the smooth teaching and learning process in indonesia (k. pendidikan & indonesia, 2019). there are several breakthroughs made by the government in order to achieve educational goals. starting from the government program on compulsory education for 12 years where students can study free of charge at government-run schools, school operational assistance funds, scholarships for outstanding students such as bidik misi, and many others until the enactment of several regulations on education such as law number 20 of 2003 concerning the national education system, minister of education and culture regulation number 20 of 2019 concerning amendments to the regulation of the minister of education and culture number 51 of 2018 concerning the acceptance of new students in kindergartens, elementary schools, schools junior high school, senior high school, and vocational high school (ahmad et al., 2019). what we need to pay attention to is in article 16 paragraph 1 of the regulation of the minister of education and culture number 20 year 2019 which reads "registration of ppdb is carried out through the following types: a. zoning b. achievement c. transfer of duties of parents / guardians ". whereas in paragraph 2 it is stated that "the zoning route as referred to in paragraph (1) letter a is at least 80% (eighty percent) of the school's capacity". whereas article 18 paragraph 2 of the minister of education and culture regulation number 20 year 2019 reads "domicile of prospective students as referred to in paragraph (1) based on the address on the family card issued at least 1 (one) year prior to the implementation of ppdb." from the aforementioned article, the application of the zoning system requires prospective new students to study in schools that have the closest radius of their homes or domiciles. the government wants a student acceptance system that is objective, accountable, transparent, and without discrimination in order to increase access to education services. so far, the method of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 194 accepting new students is always based on the report card grades or the value of the results of the joint entrance of the school concerned considered ineffective no longer effective. because with such a system there will be an uneven education where smart students will gather to become one in a favorite school. thus prospective students who have below average ability do not have the opportunity to receive education in a bona fide school. the formation of favorite school blocks like this will make education uneven and have a negative impact on the quality of human resources in indonesian society. making friends with our perfumer will join us, our friend with our oilman will smell the oil. this proverb might be suitable to describe the student acceptance system based on values. prospective students who have above average academic abilities will gather together and become increasingly smart because every day they hang out and gather with children who are smart and have good ethics too. vice versa, prospective students who have below average academic ability will gather into one in a school that might be rated as a non-bona fide school and there is a possibility that they will be difficult to be invited forward and have good ethics because every day they gather with students the less clever and less ethical. with the enactment of this school zoning system, it is expected that there will be an even distribution of education. students who are smart or above average academic ability are able to control their friends who are still academically behind. there is no longer a school customization, there are no more favorite and non-favorite schools, no more smart students gathering with smart students, no more rich students gathering with rich students and poor students gathering with poor students, all schools which is managed by the government has the same quality and quantity of education so that it will give birth to good, qualified, and equitable human resources. with the school zoning system that requires schools managed by the government to accept at least 90% (ninety percent) of new students based on zoning as regulated in minister of education and culture regulation number 20 year 2019 concerning amendments to the minister of education and culture regulation number 51 year 2018 about the acceptance of new students in kindergartens, elementary schools, middle schools, high schools, and vocational high schools. , it will suppress the practice of kkn (corruption collusion of nepotism) in the world of education, especially in the acceptance of new students (arifin & irsan, 2019). it is common knowledge that for prospective new students whose grades are below average but want to go to a favorite school through the back track or we usually call it the term "bribing" interested parties. prospective students are required to prepare some "facilitation payments" to buy a seat in the desired school. that way prospective students can certainly be accepted at the desired favorite school even though the value of the selection results is less or does not meet the standards to be accepted at the school. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 195 in article 16 paragraph (1) letter c permendikbud number 20 of 2019 it is mentioned about registration of ppdb with the transfer of duties of parents / guardians. this aims to facilitate the supervision of parents of children, while the parents are on duty outside the city or far from the address indicated on the family card such as members of the military or police who work outside the city. in addition to some of the above, with the enactment of this school zoning system, the distance from home to school will be getting closer. the risk of accidents on the way to and from school will be minimized because of the close distance (rudianto & roesli, 2019). parents find it easier to supervise their children attending school because of the distance that is easily reached. parents make it easy to monitor their children's relationships and activities at school. thus it is expected that students and the young generation of the nation will not be wrong in association and fall on the wrong paths such as juvenile delinquency to consuming drugs. 4. conclusion school zoning system implemented by the government through minister of education and culture regulation number 20 year 2019 concerning amendment to minister of education and culture regulation number 51 year 2018 regarding acceptance of new students in kindergartens, elementary schools, junior high schools, senior high schools, and the vocational high school aims to create an even distribution of education where school castration has been happening all along. with the regulation of this zoning system there will be no more favorite schools where students who are good at gathering to become one, rich students will become one. students will blend into one based on the school zone regardless of their background. the school zoning system regulations will suppress and even eliminate the practice of buying and selling school benches which are rife when the new student registration season. because the acceptance of new students is not based on report card grades or the results of joint selection, but based on the distance between home and school. the school zoning system will bring students closer to their families, so that parents of students will be easier to supervise or control the activities and relationships of students in schools. in addition it will minimize the risk of accidents on the way to and from school. suggestions 1. the government should equalize facilities in each school before implementing the zoning system. 2. the government should equalize the human resources of teaching staff in each school before implementing the zoning system http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 196 3. the government prioritizes equal distribution of education in remote areas so that the quality of education in indonesia is more equitable. refrences ahmad, m. k., adnan, a. h. m., azamri, n. m., idris, k. b., norafand, n. n., & ishak, n. i. (2019). education 4.0 technologies for english language teaching and learning in the malaysian context. proceedings of the international invention, innovative & creative (iniic) conference, series, 6–16. arifin, z., & irsan, i. (2019). korupsi perizinan dalam perjalanan otonomi daerah di indonesia. lex librum: jurnal ilmu hukum, 5(2), 887–896. haji, j. j. s. (2016). effectiveness of the service certification for land (larasita) in west lombok. jurnal ius kajian hukum dan keadilan, 4(1). indonesia, p. r. (2003). undang-undang republik indonesia nomor 20 tahun 2003 tentang sistem pendidikan nasional. jakarta: pemerintah republik indonesia. kristiawan, m., & sari, a. p. (n.d.). the influence of education, training, and experience towards teacher’s professionalism. pendidikan, k., & indonesia, k. r. (2019). peraturan menteri pendidikan dan budaya nomor 20 tahun 2019 tentang ppdb. kementerian pendidikan dan kebudayaan republik indonesia. jakarta. pendidikan, p. m., & indonesia, k. r. (n.d.). nomor 51 tahun 2018 tentang penerimaan peserta didik baru pada taman kanak-kanak. sekolah dasar, sekolah menengah pertama, sekolah menengah atas, sekolah menengah kejuruan, atau bentuk lain yang sederajat. purbopranoto, k. (1976). hak-hak azasi manusia dan pancasila. pradnya paramita. roesli, m., syafi’i, a., & amalia, a. (2018). kajian islam tentang partisipasi orang tua dalam pendidikan anak. jurnal darussalam: jurnal pendidikan, komunikasi dan pemikiran hukum islam, 9(2), 332–345. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 analysis of the principle of freedom of contract in a work agreement containing non-competition clause wahyu tri yuliana1, n.santy parnasari2 faculty of law, airlangga university, surabaya e-mail : wahyutyuliana@yahoo.com, santyparnasari@gmail.com abstract legal relations between workers and companies is inseparable from work agreements. the formation of work agreements between workers and companies must be in accordance with legal requirements and agreement principles. one of the principles used is the principle of freedom of contract as stipulated in article 1338 burgelijk wetboek voor indonesie (bw). however, the existence of a company that includes a non-competition clause in a work agreement is one of the preventive measures in order to maintain the company's trade secrets which results in limited space for workers and is contrary to several laws and regulations. this study aims to analyze the principle of freedom of contract in a work agreement that contains a non-competition clause. this is a normative juridical method research with a comparative approach to compare laws and regulations governing the principle of freedom in contracting with non-competition clause of the work agreement. analytical descriptive is used to describe the principle of freedom in contract with the theory of noncompetition clause, thus, this research is qualitative research. however, the principle of freedom of contract cannot be interpreted as absolutely free, the essence must be a balance between the rights and obligations of workers and companies in work agreements. in the inclusion of non-competition clauses, it can limit the movement of workers to find work and this clause basically contradicts several regulations relating to the right to get a job. work agreement containing non-competition clause does not meet the legal agreement. therefore, it can be canceled by law based on the provisions of article 52 paragraph (3) of law number 13 year 2003 concerning labor. keywords: the principle of freedom of contract, non-competition clause 1. introduction the lack of jobs and the high qualifications demand in finding workers creates many requirements for workers. however, this conditiom still makes many people willing to be bound by any situation and with many conditions determined by the company, even with unnegotiated work agreements. agreement according to article 1313 burgelijk wetboek (bw) or better known as the civil code is an "act where one person or more ties himself to one person or more." in the case of work, an agreement arising from an agreement is called work agreement, where the rights and obligations 1 wahyu tri yuliana is a student of the faculty of law, airlangga university, surabaya – indonesia. 2 n. santy parnasari is a student of the faculty of law, airlangga university, surabaya – indonesia. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 between the company and workers are contained in it. work agreements according to article 1 number 14 of act number 13 of 2003 concerning manpower (labor law) state that, "work agreements are agreements between workers/laborers with employers that contain work conditions, rights, and obligations the parties." work agreements made by companies and workers bind both parties according to their respective rights and obligations. this is in accordance with the provisions of article 1338 paragraph 1 bw states that, "all agreements made in accordance with the law apply as laws for those who make them." the provisions of the article contain the principle of freedom of contract. with the existence of the principle of freedom of contract, the work agreement and the contents of the free agreement are determined by the worker and the company and are binding as the act for the parties. non-competition clause according to the law dictionary (featuring black’s law dictionary 2nd edition) is defined as, “a clause in a business sale transaction that denied access to the seller from conducting a similar business in the specified area for a certain period of time, usually three years.” definisi yang dijabarkan oleh the law dictionary fokus kepada kondisi dimana antara para pihak tidak boleh melakukan pekerjaan yang sama dalam periode tertentu. the work agreement contains a non-competition clause; where workers may not do the same work for a certain period. this is one of the preventive measures taken by the company to maintain the company's trade secrets that have economic value. the existence of the principle of freedom of contract allows companies and workers to make a non-competition clause in the employment agreement between them. however, non-competition clauses limit the space for workers because indirectly when workers have quit the company, workers are not allowed to work in similar company both within a certain period of time and unlimited time. this is contrary to article 27 paragraph (2) of the 1945 constitution which states that, "every citizen has the right to work and livelihood that is appropriate for humanity." non-competition clause tersebut menimbulkan pro kontra, di sisi lain adanya kekosongan hukum dimana klausula ini dilarang secara tegas oleh pemerintah dalam suatu peraturan perundang-undangan sehingga perusahaan masih dapat menggunakannya, ketidakpahaman pekerja pun membuat klausula ini dianggap dapat digunakan dan merupakan suatu kewajiban bagi pekerja walaupun sudah tidak bekerja pada perusahaan tersebut. based on the brief description above, the authors are interested in analyzing the principle of freedom of contract in a work agreement containing non-competition clause. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 2. method the approach method used in this study is normative jurisdiction with the reason that this study uses a statute approach and conceptual approach to legislation governing agreements, the principle of freedom of contract, non-competition clause in work agreements. those aspects are then compared with each other with use the basis of applicable legislation and existing legal theory. this study uses specification descriptive analysis because it describes the laws and regulations that apply with the principle of freedom of contract and the theory of non-competition clause. therefore, this research is a qualitative research, i.e a method that emphasizes the research process on the formulation of the problem to construct a complex and holistic legal phenomenon3. 3. finding and discussion general review of work agreements agreement in the provisions of article 1313 burgelijk wetboek voor indonesie (bw) or also known as the civil code is an "act where one person or more ties himself to one or more people." the agreement must fulfill the legal conditions of the agreement in accordance with article 1320 bw, they are: 1. the agreement of those who bound themselves; 2. skills for creating an engagement; 3. a particular subject matter; 4. a cause that is not forbidden. legal relations between workers and companies are basically contained in an agreement called a work agreement. workers according to article 1 number 3 of act number 13 of 2003 concerning manpower (labor law) are, "every person who works by receiving wages or other forms of remuneration." while employers in article 1 point 5 of the manpower act are defined as: a. an individual, partnership, or legal entity that runs a self-owned company; b. individuals, partnerships, or legal entities that independently run the company are not theirs; c. individuals, partnerships, or legal entities located in two indonesia represent the companies as referred to in letters a and b domiciled outside the territory of indonesia. 3 petrus soerjowinoto, et.al, 2006, buku pedoman metode penelitian karya hukum & skripsi, semarang: fakultas hukum unika soegijapranata, p. 5. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 work agreement must fulfill the basic requirements as stated in article 52 (1) of the manpower act, namely: a. both side agreement; b. ability or ability to carry out legal actions; c. the existence of the work agreed; and d. the promised work does not conflict with public order, decency, and legislation. in his book lanny ramli said that for the validity of the labor agreement, formal material requirements and requirements were requested. the material requirements are the legal requirements of an agreement, namely4: 1. prohibited from containing rules that require an employer to only reject or accept workers from particular group only, whether in relation to religion, national or national class, or because of political beliefs or union members of a society. 2. prohibited from containing rules that require a worker to only work or not be able to work for an employer of a group, whether in relation to religion, national or national group, or because of political beliefs or members of an association. 3. prohibited from containing rules that are contrary to the law on public order and moral conduct. there are 2 (two) legal consequences of a work agreement that are not in accordance with the legal terms of the work agreement according to article 52 paragraph (2) and (3) of the manpower act, namely: (1) work agreements made by the parties that are contrary to the provisions referred to in paragraph (1) letters a and b can be canceled. (2) work agreements made by the parties that are contrary to the provisions referred to in paragraph (1) letters c and d are null and void by law. in seeking employment, workers are protected by the state as stated in a number of laws and regulations, namely: 1. article 27 paragraph (2) of the 1945 constitution which states that, "every citizen has the right to work and livelihood that is appropriate for humanity." 4 lanny ramli, 2008, hukum ketenagakerjaan, surabaya: airlangga university press, p. 28. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 2. article 38 paragraph (2) of law number 39 of 1999 concerning human rights which states that, "every person has the right to freely choose the job he likes and has the right to fair employment conditions." 3. article 5 of law no. 13 of 2003 employment which states that, "every workforce has the same opportunity without discrimination to obtain employment." article 61 paragraph (1) of the manpower act states matters which cause the end of an agreement. work agreements can expire if: a. workers die; b. end of work period; c. the existence of court decisions and/or stipulation of institutions for settlement of industrial relations disputes that have permanent legal force; or d. there are certain circumstances or events that are included in the work agreement, company regulations, or cooperation agreements that can cause the end of the employment relationship. overview of the principle of freedom of contract agreement law contains several important principles which are the basis of the parties' will in achieving the goal. some of these principles are5: 1. the principle of consensualism, with the adjustment of the will of the agreement. 2. the principle of binding power, both parties are bound by an agreement in the agreement they made. 3. the principle of freedom of contract, everyone is free to hold and determine the contents of the agreement. the freedom for the community to be able to make their own agreement rules that deviate from what is provided by bw, makes the terms of the agreement will be able to reach unlimited areas6. this is an openness for one party with the other party to make a bond without any restrictions other than those regulated by bw provisions. through the agreement, the community is given the freedom to set their own business needs, whether it is enough to use what is provided by the rules in bw, welcome to use it7. this provision is a principle of freedom of contract provided by a regulatory designer on the basis that business / economic activities will continue to 5 i made sara, et.al., 2018, aspek hukum dalam bisnis, sidoarjo: indomedia pustaka, p. 6. 6 moch. isnaeni, 2017, selintas pintas hukum perikatan (bagian umum), surabaya: pt. revka petra media, p. 77. 7 ibid, p. 78. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 develop and this is one way of adjusting regulations. according to article 1338 bw which states that, "agreements made legally apply as laws for those who make them." the scope of the principle of freedom of contract is interpreted by sutan remy sjahdeini as follows8: 1. freedom to make and not make agreements; 2. freedom to choose with whom he wants to make an agreement; 3. freedom to choose causa agreement to be made; 4. freedom to determine the object of an agreement; 5. freedom to determine the form of an agreement; 6. freedom to accept or deviate optional legal provisions. however, the freedom of the parties to make the contents of the agreement cannot be interpreted as absolute freedom, but still there must be limits. indeed, the principle of freedom of contract contains an understanding of the balance of rights and obligations of the parties. the freedom of the parties to make an agreement does not always reflect the balance of the position of the parties in the agreement9. one party is often charged more rights than the other party because the position of one party is weaker. implementation of freedom of contract must pay attention to several things, namely10: 1. freedom of contract alludes directly to aspects of justice. the freedom of contract that is reflected in the clauses of the agreement must pay attention to the balance aspects of the rights and obligations of each party. the balance of rights and obligations is not in the same and equal sense, but the balance in question is a balance that takes into account the position or position and the proportion of rights and obligations that should be on the part of each party. 2. freedom to contract is limited by general norms, such as propriety, decency, and other general norms. 8 sutan remy sjahdeini, 1993, kebebasan berkontrak dan perlindungan yang seimbang bagi para pihak dalam perjanjian kredit di indonesia, jakarta: institut bankir indonesia, p. 61. 9 https://drive.google.com/file/d/0b5uqvcj8df8wr1hfd1bunc1zzg8/view diunduh pada tanggal 19 april pukul 15.49 wib. 10 ibid yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 3. freedom to contract is also limited by the principle of propriety in imposing obligations on other parties. even if the parties are free to declare their will regarding an achievement that will be borne by another party, this still has to pay attention to the fatual ability of the party to be burdened with obligations. compliance is therefore one measure that limits the application of the principle of freedom of contract. overview of trade secrets in indonesia, the protection of trade secrets has been regulated in law number 30 of 2000 concerning trade secrets. trade secrets are defined as article 1 paragraph (1) trade secret law as, "trade secrets are information that is not known by the public in the field of technology and / or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the trade secret . in practice certain steps can be taken to maintain trade secrets including11: 1. disclose trade secrets only to people who need to know them on the basis of a trade secret agreement. 2. make trade secret agreements with employees or third parties. 3. store confidential data by creating a secret code. 4. store confidential documents in a safe place and cannot be easily accessed by employees or other parties. 5. include the word "secret" on the outside of the confidential document. 6. limiting employee access to other units or departments of a company. 7. prohibiting employees from working outside specified working hours. basically the government has protected the company in terms of trade secrets as article 17 of the trade secret law states that, "violations of trade secrets can be subject to a maximum jail sentence of 2 (two) years and/or a maximum fine of rp. 300,000,000.00 (three hundred million rupiah). " overview of non-competition clause non competition clause according to the law dictionary (featuring black’s law dictionary 2nd edition) is defined as a clause in a business sale transaction that denied access to the 11 iman sjahputra tunggal dan heri herjandono, 2000, rahasia dagang (trade secret) seluk beluk tanya jawab, teori dan praktek, jakarta: harvarindo, p. 28-29. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 seller from conducting a similar business in the specified area for a certain period of time, usually three years12. generally, non-competition clauses are used by companies in the form of articles which state that they may not work in similar companies in a certain time. this was proposed by the company in an effort to prevent the company from experiencing losses related to trade secrets. in a work agreement generally a non-competition clause is included, as follows: while in a work relationship, workers will not, without the consent of the company, be involved in other employment relationships, freelance work, consulting work, both paid and voluntary, unless prior written approval from the company has been obtained. as of the signing of this agreement up to 24 (twenty four) months from the last date of work, the worker will not: a. conduct, establish or obtain ownership or top ownership or top economic interests; or b. employed, involved or subject to any way as an advisor to; every business that is similar can compete, either directly anywhere in indonesia. non competition clause can be interpreted as an obligation to do nothing. in article 1234 bw states that an agreement which is a form of achievement / obligation is "to do nothing". so actually the person concerned is burdened with a "prohibition" to do a certain legal act. the netherlands is one of the countries that has become indonesia's guideline for the implementation of its law, the application of the non competition clause itself in the netherlands has been applied with certain conditions concerning the type of work agreement, namely: “the inclusion of a non-competition clause in a dutch fixed-term employment agreement concluded for a maximum duration of six months is not permitted. this is indeed possible in fixed-term employment contracts lasting longer than six months, but only if the employer can demonstrate that a compelling business or service interest exists for the inclusion of such a clause. justification of this interest is required in the employment agreement. without justification, the clause is not valid. for permanent employment contracts, the requirement of justifying a compelling business or service interest in the employment agreement does not apply”.13 12 moch. isnaeni, op.cit., p.185. 13https://www.amsadvocaten.com/practice-areas/employment-law/the-non-competition-clause/ downloaded on 15 august 2018 at 23.00 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 the above statement is one example that a non-competition clause can be used in a work agreement provided that the type of work agreement has a period of more than 6 (six months), but it will not apply to employment agreements with permanent workers. other provisions regarding noncompetition clause, namely: “a non-compete clause prohibits employees for a certain period beyond the term of their employment contract from being directly or indirectly active or involved in a business performing similar activities. starting point is that a non-compete and non-solicitation clause are not valid in temporary contracts. the reason for this is that it would doubly disadvantage the employee: such a provision obstructs the transition to another job while it is clear from the beginning of the contract that it is just a temporary one. a provision is valid only if it contains the substantial business interests which require such a provision. if the employer has provided reasons but they fail to convince the court, the provision can be declared void retrospectively”.14 this statement explains that non competition clauses can be used only in non-permanent employment agreements. in addition, the employment agreement that has a non-competition clause will be followed by a penalty clause. the purpose of the penalty clause is that if the worker is proven to violate the provisions of the non-competition clause, the worker must pay a fine in the amount specified in the agreement. this is considered as a form of material or immaterial loss from the company. the principle of freedom of contract that arises from burgelijk wetboek voor indonesie (bw) basically enables the existence of the creation of non-competition clauses in work agreements for workers and companies along with the times to prevent any trade secret leaks by workers who stop in the company. however, the principle of freedom of contract is not merely free, but means free is limited because of other laws and regulations. actually, there is no direct provision of legislation that prohibits the use of noncompetition clauses. so that for the company it is still possible to use this clause in the work agreement. indeed, basically the government has protected the company in terms of trade secrets as article 17 of the trade secret law states that, "violations of trade secrets can be subject to a maximum of 2 (two) years imprisonment law and / or a maximum fine of rp. 300,000,000.00 (three hundred million rupiah). " even though it has been protected by the government, delinquents from workers who seek profit from the economic value of the trade secrets still occur. the company also thinks that one of 14https://www.russell.nl/publication/non-compete-clause-non-solicitation-clause-temporarycontract downloaded on august 15, 2018 at 23.10 wib. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 the preventive measures is to use a non-competition clause on the basis of the principle of freedom of contract. however, if the principle of freedom of contract is broadly interpreted, it is feared that there will be more provisions from companies that will violate the basic principles of legislation. so that the principle of freedom of contract must be strictly limited so that it is not misinterpreted. 4. conclusion not all work agreements contain non-competition clauses, but there are still some companies that still use this clause, generally this is an attempt by the company to maintain the trade secrets that workers know while working at their company so that they are not known by other companies. this article is expected by the company to be able to keep workers from taking advantage of the economic value of trade secrets with other companies if the worker has quit his job. companies with the principle of freedom of contract can basically make a clause like this with article 1338 burgelijk wetboek voor indonesie (bw). employers and workers if they agree to implement this article as a company right and obligation for workers. however, the principle of freedom of contract cannot be interpreted as absolutely free, the essence must be a balance between the rights and obligations of workers and companies in work agreements. in the inclusion of a non-competition clause it can limit the movement of workers to find work and this clause basically contradicts several regulations relating to the right to get a job. so that it can be said that the work agreement which contains the provisions of this clause does not meet the legal requirements of the agreement. if it continues to be applied, then this clause can be declared null and void in accordance with the provisions of article 52 paragraph (3) of law number 13 year 2003 concerning labor. suggestion the principle of freedom of contract indeed frees the company and workers to make the contents of the agreement or agreement in accordance with the agreement of the parties. however, this freedom is relative where there are some things that are not contradictory. therefore article 1338 wetboek voor indonesie burgelijk can also be used in an agreement called a confidentiality agreement. generally a confidentiality agreement is an accesoir agreement from a work agreement as a preventive effort for the company to maintain trade secrets. the contents of the confidentiality agreement essentially regarding the obligations of workers while still working or if they have stopped working to keep all known secrets about the company while they work, do not allow to yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 provide such information to any party and are bound by law no. 30 of 2000 concerning trade secrets . references isnaeni, m. moch. (2017). selintas pintas hukum perikatan (bagian umum). surabaya: pt. revka petra media. ramli, lanny. (2008). hukum ketenagakerjaan. surabaya: airlangga university press. sara, i made sara., komang adi kurniawan saputra, dan i wayan kartika jaya utama. (2018). aspek hukum dalam bisnis. sidoarjo: indomedia pustaka sjahdeini, sutan remy. (1993). kebebasan berkontrak dan perlindungan yang seimbang bagi para pihak dalam perjanjian kredit di indonesia. jakarta: institut bankir indonesia. soerjowinoto, petrus., et.al. (2006). buku pedoman metode penelitian karya hukum & skripsi, semarang: fakultas hukum unika soegijapranata. tunggal, iman sjahputra., & heri herjandono. (2000). rahasia dagang (trade secret) seluk beluk tanya jawab, teori dan praktek. jakarta: harvarindo. undang-undang dasar 1945. burgerlijk wetboek voor indonesie (kitab undang-undang hukum perdata) undang-undang nomor 39 tahun 1999 tentang hak asasi manusia undang-undang nomor 30 tahun 2000 tentang rahasia dagang undang-undang nomor 13 tahun 2003 tentang ketenagakerjaan https://www.amsadvocaten.com/practice-areas/employment-law/the-non-competition-clause/ diunduh pada tanggal 15 agustus 2018 pada pukul 23.00 wib. https://www.russell.nl/publication/non-compete-clause-non-solicitation-clause-temporary-contract diunduh pada tanggal 15 agustus 2018 pada pukul 23.10 wib. https://drive.google.com/file/d/0b5uqvcj8df8wr1hfd1bunc1zzg8/view diunduh pada tanggal 19 april pukul 15.49 wib. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 development of regulations and procedures and constraints in the process of criminal procedures in the corona virus pandemic (covid-19) didit agung nugroho*1, denny iswanto2, masrun3, oula dewi nurlaily4 faculty of law, airlangga university, surabaya e-mail: *1nugrohodiditagung@gmail.com dennyiswanto39@gmail.com, masrun381@gmail.com, ouladewinurlaily@gmail.com abstract the first case of covid-19 was in march 2020, the government continues to make efforts to take mitigative steps and handle them as optimally as possible so that this virus does not spread further and brings fatalities. various policy options were adopted to block the rate of spread, starting from the application of physical distancing, to large-scale social restrictions in various areas mapped as the epicenter of the spread. the impact of the covid-19 corona virus pandemic has changed the pattern of human life from conventional to online. this also occurs in the criminal court trial process in indonesia, with the issuance of supreme court regulation number 4 of 2020 concerning administration and trial of criminal cases in electronic courts (online criminal court) so that criminal proceedings were initially conducted face-to-face but are now being carried out online / electronically. with this writing, it is hoped that it can provide benefits to legal practitioners and the general public regarding the mechanisms for online / electronic criminal case proceedings. the research method used is a normative juridical approach to legislation and a conceptual approach. supreme court regulation number 4 of 2020 concerning administration and trial of criminal cases in electronic court (online criminal trial) guarantees the proceedings of the case without being constrained by forced or emergency situations so that it can better ensure the rights of the defendant with due process of law certainty laws are fulfilled. since the holding of an electronic criminal trial, several obstacles have been identified, particularly regarding the uneven and unstable internet connection throughout indonesia; the ability and knowledge of court officials of electronic trial support technology; as well as the uneven court equipment and equipment with adequate technology that can support the holding of electronic trials. advocates and legal aid organizations also voiced objections to the existence of regulations that allow defendants to attend electronic hearings without being accompanied by lawyers, as well as questioning how the guarantee of fulfilling the right to a fair trial can be adopted in electronic trials. keyword : regulations, procedures, resistance, online trial, corona virus 1. introduction in early march 2020, the first covid-19 patient was found in indonesia. since then the number of daily findings for covid-19 has continued to grow. to prevent the increasing number of infections, since april 2020 the government has implemented large-scale social restrictions in various regions in indonesia which are still ongoing today. however, the daily finding of covid-19 patients has still reached 1,078,314 positive people. (nuryanti, 2021). in trend, the number of positive covid-19 findings at the national level is still increasing every day. as is well known recently, the corona virus (covid-19) forces all human life to change or in other words, an unusual lifestyle. humans are required to change quickly and adapt in any case. this forces human activities that were initially carried out offline (conventional) to become online ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 (online). the more rapid development of technology towards being completely digital at this time has led to a new human lifestyle. technology is a tool that can help most human needs so that it is considered capable of making tasks and jobs easier. the importance of the role of technology is the entry point for the digital era that brings new habitual civilizations (rudianto & roesli, 2019). of course every change can always bring positivity where new habits in this digital era can replace old habits that are still conventional. but at the same time, this digital era also brings many negative impacts, so that it becomes a new challenge in human habits in this digital era. the challenges in the digital era and the existence of the corona virus (covid-19) pandemic with this new habit have entered into various fields, including the criminal justice process in indonesia. in law, the material criminal law (material strafrecht) contained in the criminal code is very old but still valid until the criminal code bill is passed, as well as formal criminal law (formeel strafrecht) which is 39 years old through law number 8 1981 concerning the criminal procedure code (kuhap). if you look at its history, internet services through the world wide web (www) were discovered and developed in 1989 by a scientist named tim berners-lee who works for the european organization for nuclear research (cern), it cannot be denied and it must be understood that our criminal procedure code does not follow developments era and do not recognize electronic systems. although indonesia already has law number 11 of 2008 as amended by law number 19 of 2016 concerning electronic information and transactions (hereinafter referred to as the ite law), the ite law does not accommodate the procedural law provisions at the trial. (karo, 2020). prior to the corona virus pandemic (covid-19), the supreme court made a breakthrough in the procedural law system, namely online trials which are regulated in supreme court regulation no.3 of 2018 but have been revoked and replaced by supreme court regulation no.1 of 2019 concerning case administration and trial in court electronic but e-court (e-filing; epayment; e-summons; e-litigation). however, this rule is still limited to the settlement of civil cases, cases of religious courts, military administration and state administration. this is reinforced by number 2 letter e circular of the supreme court number 1 of 2020 concerning guidelines for implementing tasks during the prevention period for the spread of corona virus disease 2019 (covid-19) in the supreme court and the judiciary bodies that are under it, it is stated that justice seekers are recommended to take advantage of the e-litigation application for trials in civil, religious, and state administrative cases while criminal case trials are still carried out specifically for cases where the defendant is being detained or whose detention cannot be extended again during the corona virus prevention period. then the supreme court reissued the supreme court regulation number 4 of 2020 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 concerning the administration and trial of criminal cases in an electronic court (online criminal trial). this supreme court regulation the procedures for conducting criminal proceedings, both criminal cases within the general court, military, and online jurisdictions (rudianto & roesli, 2019). that supreme court regulation number 4 of 2020 is basically a legal umbrella for the implementation of electronic criminal proceedings which binds all relevant law enforcement officials. however, what needs to be paid attention is that supreme court regulation number 4 of 2020 does not only regulate the trial process, but also the process of delegating cases and administering the cases. with the resolution of cases that are constrained by certain circumstances (including the covid-19 pandemic) it requires quick resolution and still respects human rights.(supreme court regulation number 4 of 2020, 2020). it is undeniable that during the current covid-19 pandemic there are indeed several differences and obstacles when conducting electronic hearings, with the issuance of supreme court regulation number 4 of 2020 it is hoped that there will be a uniform understanding of the criteria and procedures. it is undeniable that during the current covid-19 pandemic there are indeed several differences and obstacles when conducting electronic hearings, with the issuance of supreme court regulation number 4 of 2020 it is hoped that there will be a uniform understanding of the criteria and implementation procedures. (sekayu, 2021). this research aims to provide a more detailed explanation or elaboration of the proceedings in criminal proceedings during the corona virus pandemic (covid-19) so that this research is expected to provide benefits to practitioners and the public regarding the online judicial process mechanism in accordance with the regulations applies after the supreme court has reissued supreme court regulation number 4 of 2020 concerning the administration and trial of criminal cases at the court electronically (online criminal trial). it should also be borne in mind that indonesia has a very large area to remote villages which sometimes has not been facilitated by an adequate internet network so that sometimes this condition is an obstacle in conducting criminal proceedings in court electronically. 2. research method research methodology is a way to solve existing problems by collecting, compiling and interpreting data in order to find, develop or test the truth of a scientific research, because the quality of the validity value of the results of scientific research is largely determined by the accuracy of selecting the appropriate method so the research can be carried out. well and with satisfactory results. the methods used in this study are as follows: ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 type and research approaches the type of legal research used is normative juridical research, which is the type of research by reviewing or analyzing laws and regulations as well as from various other literature sources that can explain and provide a juridical basis (soekanto, 1985), related to issues related to the provisions of the enforcement of the legal umbrella for the implementation of electronic criminal cases through the supreme court regulation number 4 of 2020 concerning the administration and trial of criminal cases at court electronically (online criminal trial). therefore, this research includes normative legal research, namely legal research carried out by examining various bibliographies using deductive thinking methods. as for what is meant by the deductive thinking method is a way of thinking in drawing conclusions drawn from something that is general in nature that has been proven correct and the conclusion is aimed at something specific in nature.(sedarmayanti and syarifudin hidayat, 2002). the approach used in this research is the statute approach and the conceptual approach (ibrahim, 2005). what is meant by the statute approach is an approach that is carried out on various legal rules relating to the online trial process of criminal cases. meanwhile, what is meant by a conceptual approach is an approach aimed at understanding the concept of legal concepts and legal principles that can be applied in solving problems related to the online criminal court process. sources of law the sources of legal materials used in this doctrinal research consists of primary and secondary legal. (soemitro, 1990). a. primary legal material primary legal materials are binding legal materials in the form of statutory regulations that will be used as the basis for analysis in this research, including supreme court regulation number 4 of 2020 concerning administration and trial of criminal cases in electronic courts (online criminal trial) b. secondary legal material secondary legal materials are materials that are closely related to primary legal materials and can help analyze and understand primary legal materials, such as books, research result, legal journals, scientific articles, mass media and so on. method of collection in order to be able to collect some legal materials systematically, comprehensively and indepth, this research used data collection methods in the form of literature and documentation (library and documentation research). in this library research and documentation, it is intended ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 to collect, identify and analyze various sources of legal material originating from several laws and regulations, scientific writings and various other legal documents relating to the issues to be discussed in this study. 3. result and discussion it is well known that the supreme court issued the supreme court to reissue the supreme court regulation number 4 of 2020 concerning the administration and trial of criminal cases in electronic court (online criminal trial), this accommodates the situation of social restrictions to reduce the spread of the corona virus (covid19). the procedure for the trial is divided into several stages, namely as follows: preparation of the court article 7 paragraph (1) supreme court regulation 4/2020 : before the trial begins, the substitute clerk / clerk checks the readiness of the participants and the trial and reports to the judge / panel of judges. article 7 paragraph (2) supreme court regulation 4/2020 : in a trial conducted electronically, the defendant who is accompanied by a legal advisor must physically be in the same room as the legal advisor. article 7 paragraph (3) supreme court regulation 4/2020 : the room where the defendant participates in an electronic trial which is attended by the defendant, legal advisers, prison / prison officers, and it officers, except for officers / other parties determined by statutory regulations. article 7 paragraph (4) supreme court regulation 4/2020 : in addition, the room must also be equipped with a recording device / camera / cctv that can show the overall condition of the room. indictments and objections article 8 ayat (2) jo. article 3 paragraph (1), (2), dan (3) supreme court regulation 4/2020 : the objection / exception documents are sent to the judge / panel of judges and the file is forwarded to the prosecutor provided that the file is in form portable document format (pdf), to the court's email address before reading, and must be verified between read and downloaded. article 8 paragraph (3) supreme court regulation 4/2020 : the prosecutor's opinion regarding the defendant's objection / exception is sent to the judge / panel of judges in the same manner as above. examination and expert article 11 paragraph (2) supreme court regulation 4/2020 : the examination of witnesses and / or experts is carried out in the courtroom, even though the trial is conducted electronically. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 article 11 paragraph (3) supreme court regulation 4/2020 : however, for certain provisions, the judge / panel of judges can determine the examination of witnesses / or experts who are present at: a. the prosecutor’s office in his jurisdiction; b. the court where the witness / expert is located if the person concerned is located inside and outside the jurisdiction of the court hearing the case; c. the embassy / consulate general of indonesia with the approval / recomendation of the minister of foreign affairs, in the event that the witness / expert is abroad; d. tempat lain yang ditentukan oleh hakim/majelis hakim. examination of the accused article 13 paragraph (2) supreme court regulation 4/2020 : in the examination of the accused which was carried out electronically : a. the statement of the defendant who is in detention can be heard from the place where id is being held accompanied / not accompanied by a legal advisor. b. the defendant was in detention, but the place where the defendant was detained did not have facilities for electronic trial. the statement was heard from the prosecutor's office; or c. if the defendant is not detained, his testimony will be heard at the court, prosecutor's office, or other places determined by the judge / panel of judges through a ruling. article 13 paragraph (3) supreme court regulation 4/2020 : for defendants who are not detained, the head / head of the court where the defendant's testimony was heard provides electronic trial facilities and appoints 1 judge and 1 substitute clerk / clerk of the court without using trial attributes to oversee the proceedings of the defendant's examination. examination of evidence article 14 paragraph (1) supreme court regulation 4/2020 : in a trial conducted electronically, the evidence to be examined will remain at the prosecutor's office article 14 paragraph (2) supreme court regulation 4/2020 : where the prosecutor of evidence to the judge / panel of judges electronically. article 14 paragraph (3) supreme court regulation 4/2020 : the evidence is a printed document, the judge / panel of judges will match the scanned document in the case file with the original document shown by the prosecutor electronically. article 14 paragraph (4) supreme court regulation 4/2020 : but if the evidence is not a printed document, it can be photographed / videotaped and sent to the court's e-mail address before being submitted as evidence. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 article 14 paragraph (5) supreme court regulation 4/2020 : in the event that the defendant delivers mitigating evidence, whether in the form of printed documents or not, the evidence is treated the same as above. article 14 paragraph (6) supreme court regulation 4/2020 : the judge / panel of judges electronically matches the evidence sent with the original. claim, advocacy, replik, dan duplik article 5 paragraph (2) jo. article 3 paragraph (2) and (4) supreme court regulation 4/2020 : in a trial that is held electronically, criminal documents, advocacy, replik, and duplik are sent to the court's e-mail address before they are read out, and after being read, they are sent to the e-mail address of the prosecutor / defendant and / or legal contract. verdict and notification verdict article 16 paragraph (1) supreme court regulation 4/2020 : in actual fact, the verdict is pronounced by the judge / panel of judges at a trial which is open to the public attended by prosecutors and defendants / legal situations, as determined otherwise by law. article 16 paragraph (2) supreme court regulation 4/2020 : however, in certain circumstances, based on the determination of the judge / panel of judges, a hearing for pronouncement of the verdict can be held electronically. article 16 paragraph (3) supreme court regulation 4/2020 : if the defendant is not present at the reading of the verdict, the court will send a notification of the decision to the defendant via electronic domicile in the form of e-mail, whatsapp address, or sms. then, other matters that need to be considered in the conduct of an electronic criminal trial are : 1. all trial participants must be seen on the monitor screen with a bright and clear voice. 2. the substitute clerk / clerk of the court reports the readiness of the trial and ensures that it is connected with the trial participants to the judge / panel of judges. 3. judges, substitute clerks / clerks, prosecutors, legal advisors use their respective trial attributes. 4. every electronic document submitted by the prosecutor, legal adviser and the defendant must be in a portable document format (pdf). 4. conclusion basically, the criminal justice process in indonesia has been regulated in law number 8 of 1981 concerning the criminal procedure code which has been implemented since december 31, 1981 but with the corona virus pandemic situation (covid-19). therefore, the criminal procedure ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 code is deemed unable to accommodate the online criminal court trial process so that an umbrella is needed. supreme court regulation number 4 of 2020 concerning administration and trial of criminal cases in electronic court (online criminal trial) guarantees the proceedings of the case without being constrained by compelling or emergency situations so that it can better ensure the rights of the defendant with due process. law of legal certainty is fulfilled. however, on the other hand, there are challenges in holding criminal trials electronically, which can also have an impact on the human rights of defendants, victims of crime and society in general. since the holding of an electronic criminal trial, several obstacles have been identified, particularly regarding the uneven and unstable internet connection throughout indonesia; the ability and knowledge of court officials of electronic trial support technology; as well as the uneven court equipment and equipment with adequate technology that can support the holding of electronic trials. advocates and legal aid organizations also voiced objections to the existence of regulations that allow defendants to attend electronic hearings without being accompanied by lawyers, as well as questioning how the guarantee of fulfilling the right to a fair trial can be adopted in electronic trials. references ibrahim, j. (2005). teori dan metode penelitian hukum normatif. in bayumedia publishing. karo, r. k. (2020). mengisi kekosongan hukum sidang tindak pidana secara online di pandemi covid-19. nuryanti. (2021). update corona indonesia 31 januari 2021: tambah 12.001 kasus, total 1.078.314 positif. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. sedarmayanti and syarifudin hidayat. (2002). metodologi penelitian. in mandar maju. sekayu, d. c. (2021). sosialisasi perma nomor 4 tahun 2020 tentang administrasi dan persidangan perkara pidana di pengadilan secara elektronik. soekanto, s. dan s. m. (1985). penelitian hukum normatif suatu tinjauan singkat. rajawali. soemitro, r. h. (1990). metodologi penelitian hukum dan jurimetri. ghalia indonesia, jakarta, 167. supreme court regulation number 4 of 2020, (2020). vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 475 issn print 2086-6852 and issn online 2598-5892 discrimination on the immigrants: migration venezuelan to the colombia yordan gunawan 1 , arqam muhammad amrullah 1 , muhammad fauzi 1 1 faculty of law, universitas muhammadiyah yogyakarta, indonesia * corresponding author e-mail: yordangunawan@umy.ac.id article history: received: december 20, 2022; accepted: february 25, 2023 abstract venezuela is facing a severe economic, political, and social crisis, with acute shortages of food, medicine, and other basic goods. at the same time, large numbers of venezuelans left the country to migrate, causing latin america to be hit by a massive migration crisis that never happened before. on the other hand, the venezuelan population who migrated, especially to colombia, experienced discrimination. covid 19 is also making the venezuelan conditions worsen, along with shortages of food, medicine, and health, as well as access to social services. this research aims to analyze various aspects of the venezuelan immigrant crisis in recent years. emphasis is placed on the importance of regional migration issues and the participation of the international community. the research used normative juridical legal research methods. the main points of this research are: a) the main social, economic, and political factors related to the humanitarian crisis, especially discrimination and migration issues in venezuela; b) venezuelan migration and refugee issues; c) response and participation of the international community, with particular emphasis on the activities of the european union, the united nations, and latin america, in particular, colombia. the results of this research are the discrimination that refugees from venezuela receive due to the lack of funds they must migrate due to a corrupt government which results in them looking for easy and inexpensive alternatives to flee to other countries. keywords: humanitarian crisis in venezuela, venezuelan immigrant discrimination, international relations in latin america 1. introduction the bolivarian republic of venezuela or commonly called venezuela, is a country located in latin america. venezuela adheres to the system government of the federal republic, and there are 23 states in the regional organization. venezuela is a country located on the north american continent, adjacent to brazil to the south, neighboring colombia to the west, and guyanas to the east. (richard cooker, 2016) venezuela is currently facing major security, political, economic, and health crisis that has triggered a massive exodus of venezuelans to countries throughout the region (shannon doocy et al., 2019). it is now estimated that the number of venezuelan nationals worldwide reached over three million. most of them are hosted in latin america and the caribbean (international organization for migration, 2019). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 476 issn print 2086-6852 and issn online 2598-5892 in early 2016, venezuela experienced a decline in the oil sector, economics, and politics, and it caused hyperinflation in the world's oil-producing countries. the current crisis in venezuela forces venezuelan to flee from their country to the neighboring countries to survive, for example, peru, brazil, colombia, ecuador, and bogota (evan ellis, 2017). based on estimates from the un high commissioner for refugees (unhcr), as of november 2018, more than 3 million venezuelans were living outside the country. of those, more than 2.3 million were estimated to have left after 2015 (congressional research service, 2019: 1-3). the complete collapse of venezuela's economy has triggered a large-scale, complex, and underfunded humanitarian crisis. an estimated 4.5 million venezuelans have fled to other countries through infiltration. as refugees, women are most vulnerable to labour, sexual exploitation, human trafficking, and violence. the covid-19 outbreak has made this situation even worse. immigrants from venezuela cannot migrate to neighboring countries by smuggling. even smugglers and armed groups charge them to cross the venezuela-colombia border, despite that it is not a legal and unsafe crossing point. there is no guarantee you will succeed, especially if you are a woman. a former venezuelan prostitute who is now a women's activist says venezuelan refugees from bogotá to lima are forced to become sex workers to survive and have no choice but to keep working amid the coronavirus pandemic. the covid-19 pandemic may have arrived late in latin america, but its effects so far have laid bare the strains that states and societies face in trying to curb contagion while keeping economies afloat and public order intact. as most of the region's governments close borders, ground air traffic, impose stiff social distancing and send police and military to patrol the streets, simmering grievances and violent conflicts come under new pressures. now that virus fears have closed these frontiers again and forced venezuela and colombia into nationwide lockdowns, the danger of bottling up the poor and shutting down ailing economies at a time of continued political hostilities is becoming more evident (international crisis group, 2020). during 2018 more than 838,000 venezuelans exited colombia, of whom more than 70 percent crossed into ecuador. in europe, spain has witnessed the largest influx of venezuelans, with more than 150,000 people have entered the country over the past three years. the united nations high commissioner for refugees (unhcr) and the international organization for migration (iom) estimate that the number of venezuelan international refugees will reach 5,385,000 by the end of 2019, some of whom have prospects of returning in the short term. (cesar castilla & ninna sørensen, 2019). venezuela itself is also amid a political and humanitarian crisis that has emerged from hyperinflation, total power outages, and years of food and medicine shortages – with more than 3 million venezuelans have fled the country. venezuela is also facing a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 477 issn print 2086-6852 and issn online 2598-5892 leadership crisis. despite claims of interim election fraud, us-backed opposition leader juan guaido nevertheless declared himself the country's legitimate leader on january 23, 2019. maduro rose to power following the death of president hugo chavez, a leftist populist elected in 1998 who ruled until his death in 2013 (third way, 2019). on the other hand, institutionalize and liberal scholars see the crisis mainly due to the deterioration of governance mechanisms that have undermined checks and balances, the independence of institutions and ultimately turned the country into an autocracy (polga-hecimovich 2019). public services severely deteriorated, if not collapsed. over 4 million people have fled the country in the past few years because of this crisis. the venezuelan crisis has been described as a multidimensional one, stemming from its political system and economic structures and touching on significant social and even cultural dynamics (legler, serbin pont & garelli-ríos, 2018). according to the last-mentioned data obtained by the congressional research service in 2018, colombia received more than 1.4 million refugees from venezuela. this large number of refugees makes colombia the country with the largest number of refugees in latin america (congressional research service, 2019: 1-3). the crisis in venezuela has posed profound challenges to theories in contemporary social science but can also inform them at the same time. therefore, the author tried to analyze the dimensions leading to the crisis of humanity in venezuela, the condition of venezuelan immigrants in latin america, especially colombia, and the role of international organizations in the issue. 2. research method this research applied normative legal research. normative legal research or commonly known as library research, is research conducted by examining library materials such as laws, books, journals, and other reading materials related to the issue (novrianto et al., 2016). 3. results and discussion humanitarian crises in venezuela in early 2019, among others, the european union countries and the united states government recognized the chairman of the venezuelan national assembly – juan guaido, as the interim president of venezuela, which resulted in a state of internal diarchy in venezuela (o'neil, 2019). it also causes widespread humanitarian crises, problems of corruption, political persecution, and hyperinflation (coronel, 2008). under these circumstances, many latin american countries, the european union, the us government, and international organizations tried to improve the socio-economic situation of venezuela by attempting to adapt the necessary and integrated public http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 478 issn print 2086-6852 and issn online 2598-5892 policies (international monetary fund, 2019). according to the united nations high commissioner for refugees (unhcr), 27,000 venezuelans worldwide applied for asylum in 2016; from january to july 2017 alone, more than 52,000 asylum applications were submitted. more than 15,000 of them submitted their requests to the united states, making venezuelans the most asylum seekers in the country. often these numbers leave venezuelans with other visa classifications and through unofficial channels. unhcr conservatively estimates that there are currently five thousand venezuelans in curacao, twenty thousand in aruba, thirty thousand in brazil, forty thousand in trinidad and tobago, and over six hundred thousand in colombia (o`neil, 2018). the worsening situation in venezuela, making the citizens decide to migrate, which is known as venezuelan migration. in march 2019, the united nations estimated that more than 3 million venezuelans (one in ten) had left venezuela, with many moved to other countries in latin america and the caribbean (third way, 2019). on april 5, 2021, un agencies also estimate that more than 5.6 million venezuelans had fled the country. about 4.7 million (about 85%) refugees and migrants are accommodated in latin american and caribbean countries, while more than 1.7 million venezuelans are in colombia. venezuelan migrants escape to neighboring countries – primarily to colombia (bahar and dooley, 2019). however, around 2.5 million venezuelans in neighboring latin america lack identity documents, leaving them vulnerable to exploitation (congressional research data, 2021: 1-3). the deteriorating humanitarian situation in venezuela has raised congressional concerns about the country, which remains in deep crisis under president nicolás maduro's authoritarian rule. even before the coronavirus disease 2019 (covid-19) pandemic, venezuelans faced shortages of food, medicine, and health, as well as access to social services. also, political persecution, hyperinflation, loss of income, and oppressive poverty contribute to the dire situation. along with covid-19, previously eradicated diseases have become a major concern. fuel shortages, exacerbated by the expiration of the u.s.-licensed oil swap for diesel in fall 2020, are reportedly impacting humanitarian aid deliveries (congressional research service, 2021: 1-3). venezuelan immigrants surviving immigrants are defined as immigrants who migrate because of threats to their fundamental rights. they cannot access mechanisms in their home countries and do not allow them to improve the situation. venezuelans fit this definition because they are fleeing severe economic pressures and collapsing livelihoods caused by hyperinflation, rising unemployment, and a lack of basic services such as health and safety, while the political system does not allow them to vote the current government out of power (botia, 2019). also, based on unhcr data, the main challenges http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 479 issn print 2086-6852 and issn online 2598-5892 faced by the refugee population are related to lack of access to asylum procedures; documentation; livelihood options; food, health, and nutrition, as well as being affected by incidents of sexual and gender-based violence (sgbv) and insecurity. based on data r4v (inter-agency coordination platform for refugee and migrants from venezuela) coordination platform for refugees and migrants from venezuela (response for venezuelans, 2020): a. refugees and migrants face additional stigmatization, discrimination, racism, and marginalization by host communities, including negative perceptions associated with a fear that refugees and migrants spread the virus. already stigmatized refugees and migrants from venezuela can be exposed to an increased risk of exploitation and abuse as they are denied access to livelihood opportunities. b. victims, most of them women and girls, can be stigmatized and isolated from the support of their communities and left with no means of shelter and livelihood. in addition, orphaned children are at particular risk of being shunned from their community and leaving them vulnerable to exploitation and abuse without income or adult support. during the pandemic, every person who wants to cross from venezuela to colombia by illegal/informal routes with the goods they carry is usually charged between $1 and $25. venezuelan migrants and refugees, as well as residents living near the border, use these informal crossings on a regular basis during periods when the border is officially closed or to bypass authorities when transporting contraband or travel without the necessary documents when the border is opened. on average prior to the most recent border closure, more than 50,000 venezuelans used the official crossings daily (international crisis group, 2020). the venezuelancolombian conflict affected them, causing venezuelan immigrants to be discriminated against. in fact, women who cannot afford the migration costs are sexually harassed and abused. otherwise, the venezuelan women who migrate will sell their bodies to meet their needs upon their arrival in colombia. derived from unhcr data in its supplementary appeal in 2018 (unhcr, 2018), as a preventive unhcr has made efforts to protect refugees from violence and exploitation by focusing on: a. promote sgbv and child protection safe room networks for identification, case management and referral of specialist services to enhance comprehensive prevention and response mechanisms. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 480 issn print 2086-6852 and issn online 2598-5892 b. collaborate with unicef and unfpa to strengthen sgbv and child protection programs to improve coordination and provide more comprehensive services to the people concerned. c. training and provision of equipment to the national women's institute to improve response to sgbv survivors; and disseminate sgbv and child protection links in community networks to improve case-specific identification and response. despite having procedures for dealing with violence and exploitation of refugees since before the pandemic, it turns out that the system cannot run optimally, because the venezuelan government cannot cooperate. public and international community responses to resolve and overcome the humanitarian crisis in venezuela, it is necessary to have a strong public policy, both at the national and international levels (iga kleszczyńska, 2020). effective public policy requires several approaches to at least three levels of action. the first and foremost approach is multidimensional, which would allow for the adaptation and implementation of sectoral policies that could lead to a deep analysis of the scale of the problems and their dependence on individual policies. the next level focuses on humanitarian and migration issues. this will allow indicating the range and the occurrence of a given problem, which may become the subject of a more detailed analysis and attempts to solve them. the last important thing is the normative orientation, which is rooted in humanistic values. keep in mind that there are many important choices in public policy. this category includes sectoral (economic, health, education) policies, but also horizontal (regional, family, social), strategic, or redistributive, regulatory, and administrative policies towards venezuela. (wiseman, beland, 2010: 143-144). prompted by the crisis, a major receiving country like colombia has granted temporary residence permits through the colombian special stay permit (pep). in colombia, venezuelans have access to basic social rights and may work. for agencies acting to address migration issues are unchr and iom, where they have advocated a coordinated and comprehensive approach across the latin american region to address the scale of venezuelan inflows. (césar castilla & ninna sørensen, 2019). unhcr's protection strategy in venezuela focuses on four main areas: (i) border control and bilateral coordination; ii) a community-based approach to assessing and responding to protection risks and basic needs of refugees, asylum seekers and host communities; iii) strengthening the asylum system; and iv) promoting solutions for refugees, particularly voluntary return, and legal integration of refugees through documentation and citizenship. the strategy includes strengthening bilateral protection networks: i) identify persons with special needs who need international protection; ii) strengthening referral channels; iii) provide information on http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 481 issn print 2086-6852 and issn online 2598-5892 how to obtain asylum and alternative forms of legal residence along major migration routes; and iv) provide humanitarian assistance to those with the most urgent special needs (unhcr, 2018). as for venezuela's health issues during this pandemic, unhcr and iom have coordinated the international response to the needs of venezuelan refugees and host communities in the region, which includes governments, un entities, ngos (national and international), the red cross movement, faith-based organizations, and civil society. based on the cartagena declaration on refugees in 1984, it gave a broad meaning to refugees through the 1951 un convention on the status of refugees and the 1967 protocol. accordingly, the experts emphasize that venezuelan immigrants should have individual rights to obtain asylum and become the responsibility of the state that provides asylum. (congressional research service, 2021: 1-3). also, since 2016, the organization of american states (oas) has attempted to criticize and boycott the venezuelan government to change its political behavior, because the maduro government has had an excessively negative impact on its people and neighboring fellow latin american countries. however, the effort yielded no results. until now, the organization of american states has brought maduro's government to the international criminal court for crimes against humanity, including political and human rights violations against the opposition. at least twelve nations — including argentina, brazil, canada, and mexico — have also been formed to condemn venezuela's undemocratic practices (o`neil, 2018). 4. conclusion the problem of discrimination and humanization against venezuelan immigrants has occurred since president nicolás maduro took office in 2013 until now, which is caused by several factors: a. hyperinflation, economic crisis, and internal politics. b. the bad system of venezuela in responding to the issue had led many people to flee to other latin american countries. c. the poverty of the venezuelan population prevents them from migrating through legal channels, causing them to choose shortcuts. coupled with the pandemic, which has made things worse, women have become commercial sex workers. the corruption of the maduro government resulted in many negative impacts on its citizens, so that the rights that venezuelans should have were not fulfilled which resulted in them wanting to seek welfare in other countries by shortcuts/illegally. this has been warned by other latin american countries, but the government of venezuela is still turning a deaf ear which has resulted in countries that are echoed in the oas taking the initiative to bring this case to court. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ vol. 18 no. 4 march 2023 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2023 author(s) 482 issn print 2086-6852 and issn online 2598-5892 also, international organizations such as unchr and iom have to advocate a coordinated and comprehensive approach across the latin american region to address the scale of venezuelan migration inflows, have also coordinated international responses to the needs of venezuelan refugees and host communities in the region, which include governments, un entities, ngos (national and international), the red cross movement, trust-based organizations, and civil society. coupled with the cartagena declaration on refugees in 1984, which gave a broad meaning to refugees through the 1951 un convention on the status of refugees and the 1967 protocol. from that point, venezuelan immigrants should get protection. references bahar, d., dooley, m. (2019). venezuela refugee crisis to become the largest and most underfunded in modern history. brookings institution. retrieved july 11, 2021 from: https://www.brookings.edu/blog/up-front/2019/12/09/venezuela-refugee-crisis-to-become-thelargest-and-most-underfunded-in-modern-history/ botia, a. (2019) the venezuelan diaspora: toward a new understanding of forced migration. thesis, vanderbilt university castilla, c., & sørensen, n. (2019). (rep.). danish institute for international studies. retrieved july 12, 2021, from http://www.jstor.org/stable/resrep21353 coronel, g. (2008, march 4). the corruption of democracy in venezuela cato institute. coronel, g. (2008). the corruption of democracy in venezuela. washington dc: cato institute retrieved on may 13, 2021, from https://www.cato.org/commentary/corruptiondemocracyvenezuela. congressional research service. (2021). the venezuela regional humanitarian crisis and covid-19. p1-3 crooker, richard a. 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(2010). the politics of institutional change in venezuela: oil policy during the presidency of hugo chavez. canadian journal of latin american and caribbean studies, 35 (70): 141–164. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://crsreports.congress.gov/product/pdf/if/if11029/3 https://fas.org/sgp/crs/row/if11029.pdf http://latinamericagoesglobal.org/2017/04/impact-collapse-venezuela-colombia https://www.r4v.info/en/human_trafficking_and_smuggling http://www.jstor.org/stable/resrep20131 yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 117 responsibilities and notary law as a legal consultant reidha novyca putri n.s, habib adjie faculty of law, narotama universty surabaya e-mail: reidhanirmalasari91@gmail.com dan adjie61@gmail.com abstract notary is a public official with the authority to make authentic deed as strong evidence. in the process of making an authentic deed, the client needs advice about legal actions that will be recorded in the authentic deed, this is referred to as legal consulting services by a notary. in practice found a notary as a legal consultant with the inclusion in a separate sign in the notary's office. the purpose of this study is to examine the actions of a notary as a legal consultant. this research method uses a normative juridical method with a conceptual approach and legislation. the conclusion of this research is that the act of installing a signboard as a legal consultant is an unjustified act and the notary can be held accountable for the results of the consultations given. keywords: liability, notary, legal consultant 1. introduction in conducting civil transactions, the parties need someone's help to record their legal actions. rules regarding notary office in law no. 30 of 2004 concerning the position of notary amended by law no. 2 of 2014 concerning amendment to law no. 30 of 2004 concerning the position of notary public. notary based on article 1 number 1 of law no. 2 of 2014 concerning amendments to law no. 30 of 2004 concerning notary position, is a public official who is authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws (roesli, heri, & rahayu, 2017). furthermore, the notary authority is regulated in article 15 of law no. 2 of 2014 which states that "notary is authorized to make an authentic deed regarding all deeds, agreements, and stipulations required by statutory regulations and / or desired by the interested parties to be declared in an authentic deed, guaranteeing the certainty of the date of making the deed, keeping the deed, giving the grosse, copy and quotation of the deed, all of it as long as the drafting of the deed is not also assigned or excluded to other officials or other people determined by law. "to provide limits regarding the obligations and prohibitions of notaries in accordance with the principle of legality, the notary position law and its amendments regulate the notary liability as referred to in article 16 of law no. 30 of 2004 namely in carrying out his position, the notary must: " act trustfully, honestly, careful, independent, impartial, and safeguarding the interests of the parties involved in legal actions, making the deed in the form of deed minutes and keeping it as part of the notary protocol, attaching letters and documents and fingerprints to the duta minutes, issuing grosse deed, copy of deed, or deed quote based on deed minutes, providing services in accordance with the provisions in this law, unless there is a reason to reject yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 118 it, keep everything confidential about the deed that was made and all information obtained for making the deed in accordance with oaths / promises, except the law the law determines otherwise, binding the deed he makes in 1 (one) month becomes a book that contains no more than 50 (fifty) deed, and if the number of deed cannot be contained in one book, the deed can be bound to more than one book, and records the minutes of deed, month, and year of making it on the cover of each book, making a list of the deed of protest against not being paid or not receiving the securities, making a list of deed with regard to the will according to the time series of making the deed every month, and so on. notary in working in accordance with the authority given by the undnaggiven rules regarding prohibition as a guideline in carrying out his duties and positions, article 17 of law no. 30 of 2004 provides a prohibition to notaries including: "not carrying out a position outside of the jurisdiction, leaving the territory more than 7 (seven) consecutive working days without valid reason, concurrently serving as a civil servant, concurrently serving as a state official, concurrently serving as an advocate, concurrently serving as a leader or employee of a state-owned enterprise, regionally-owned enterprise or business entity private sector, concurrently serving as an official of land deed makers outside the area of the position of notary public, becoming a substitute notary; or do other work that is contrary to religious norms, decency, or propriety that can affect the honor and dignity of the position of notary. in working as an active notary and as a member of the indonesian association of notaries, each notary is bound by the rules of law and code of ethics to avoid the things that are not desired and maintain the spirit of the notary public. basing on the moral values and ethical values of a notary, the development of the position of notary is a service to the community (client) independently and not taking sides in the field of notary living which is lived out as a vocation of life based on the spirit of dedication to fellow human beings for the public interest and rooted in respect for dignity humans in general and notary dignity in particular. (herlien budiono (2007), notary and its code of ethics, upgrading and refreshing course national indonesian notary association). the legal basis for the code of ethics article 83 of law no. 30 of 2004 which states that the notary organization establishes and enforces the notary ethics code. this code of ethics was established by members of the indonesian notary association in 2005 and 2015, the concept of the code of ethics according to article 1 of this code of conduct is amoral code determined by the indonesian association of notaries, hereinafter referred to as associations based on congressional decisions of associations and / or as determined by and stipulated in the legislation governing it and which applies to and must be obeyed by each and every member of the association and all those who carry out their office assignments as notaries, including the temporary notary officials, substitute notaries at the time of their positions. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 119 article 15 paragraph 2 letter e of law no. 2 of 2014 states that the notary is authorized to provide legal counseling in connection with the deed, this article is used by the notary public to open legal consulting services and in practice there are notaries who put up a signboard and are mentioned as legal consultants . legal issues in the regulation are not explained regarding legal counseling, resulting in various interpretations in the article. furthermore, article 3 of law no. 2 of 2014 states that one of the requirements to become a notary is someone who is not an advocate. so that when drawn in conclusion there are several legal issues / issues, namely the position of a notary as a legal counselor in the process of making a deed, interpretation of the meaning of legal counsel is associated with the legal advocate and legal consultant profession, responsibility and accountability in the process of providing legal counseling services, the role and supervisory assembly regions in applying the indonesian notary public code of ethics to notaries who put up a nameplate as a legal consultant and what sanctions are most appropriate given to notaries who violate the code of ethics. on the legal issues in the description, the researcher is interested in making a study with the title liability and notary law as a legal consultant 2. research methods this type of research in legal research is normative legal research, which is a process for discovering the rule of law, legal principles, and legal doctrines in order to address the legal issues encountered (peter mahmud marzuki, legal research, 2011). researchers use this type of normative research because this research is to find coherence, namely whether there are legal rules in accordance with legal norms and whether norms in the form of commands or prohibitions are in accordance with legal principles, and whether one's actions are in accordance with legal norms or legal principles (peter mahmud marzuki, legal research revised edition, 2014) as this research is to find. in this study, researchers used three methods of problem approach namely, including the legislative approach, conceptual approach. the statutory approach is carried out by examining all laws and regulations relating to the legal issues being addressed. [1] a regulatory approach is needed to further study the responsibilities and responsibilities of notary public as legal consultants. in this study, the legislation used is law number 30 of 2004 concerning notary position, law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary position, code of ethics of indonesian notary association and its amendments. the conceptual approach moves from the views and doctrines that develop in the science of law. studying the views and doctrines in law, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles that are relevant to the issue at hand. in the conceptual approach, new concepts will be found in accordance with the objectives of this study, yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 120 namely the responsibility and accountability of a notary public as a legal consultant. the formulation of the problem will then be analyzed with existing concepts and theories. in this study, the theories and concepts used include the concept of a code of ethics and the concepts of responsibility and accountability. in this study, researchers used sources of legal material, including: primary legal material is legal material that is authoritative, meaning that it has authority. primary legal materials consist of legislation, official records or minutes in the making of legislation and judges' decisions. primary law that will be used in this study include act number 30 of 2004 concerning notary position, act number 2 of 2014 concerning amendment to law number 30 of 2004 concerning notary position, act number 30 of 2004 concerning position notary, law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary position, code of ethics of indonesian notary association 2005 and amendments thereto. secondary legal material in the form of all legal publications which are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and comments on court decisions. in this study, secondary legal materials used include: books in the field of law, papers, articles, and theses. 3. discussion notary as a legal consultant a legal scholar should be able to provide legal advice or opinions to people who need his help. the act of providing legal advice / opinion can be categorized as providing legal consulting services. in practice, legal consultancy offices are often found, but a legal consultant is not an advocate, the concept of an advocate of a person who provides legal services, both inside and outside the court, who meets the requirements based on statutory provisions. to become an advocate must pass a number of conditions such as a citizen of the republic of indonesia, residing in indonesia, not having the status of a civil servant or a state official, at least 25 (twenty-five) years old, having a bachelor's degree with a legal tertiary education background, graduating an examination held by an advocate organization, an internship of at least 2 (two) years continuously at the advocate's office, has never been convicted of a criminal offense threatened with imprisonment of 5 (five) years or more, behaves well, honestly, is responsible , is fair, and has high integrity, and is obliged to go through the oath swearing procedure before the high court. activities undertaken by legal consultants such as activities carried out by paralegals, definition of paralegals according to the black law dictionary " a person who has been trained, and holds authority to provide a specified number of legal services. a paralegal is not a lawyer, but is usually on their way to becoming one. neither legal consultants nor paralegals are allowed to yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 121 provide legal aid services and practice as advocates because they do not meet the requirements set in the legislation. allowed paralegal activities such as legal counseling, legal consultation, case investigations both electronically and non-electronically, legal research, mediation, negotiation, community empowerment, legal document drafting, policy advocacy. in the notary position law, a notary public can provide legal counsel in connection with the making of the deed. legal education is one of the activities of disseminating information and understanding of legal norms and legislation in force to create and develop public legal awareness so as to create a legal culture in the form of orderly and obedient or obedient to the legal norms and laws and regulations that apply for the upholding rule of law. the legal counseling method consists of persuasive methods meaning that legal counselors in carrying out their duties must be able to convince the instructed community, so that they feel interested and pay attention and interest in the things delivered by the instructor, the second method is an educative method meaning that the instructor must behave and behave as an educator who with patience and perseverance guides the community toward the goal. communicative method means that legal counsel must be able to communicate and create climate and atmosphere in such a way as to create a conversation that is friendly, open and reciprocal, and accommodative method means that with the submission of legal problems by the community, legal counsel must be able to accommodate, accommodate and provide solutions to languages that are easily understood and understood by the public. legal counseling conducted by a notary is given in order to assist in making the required deed and this is a unity that cannot be separated from one another. notaries in providing legal counseling in the form of legal consultations to their clients are prohibited from collecting fees as advocates do. these provisions contain the value of service, prioritizing the interests of its clients. in carrying out his position, the notary has two essential characteristics and characteristics, namely impartiality and independence (independence) in providing assistance to his clients.impartiality. thiscan be fulfilled properly if the parties have given a thorough explanation of all the provision of legal counseling by a notary public that can affect the client in determine the choice to determine legal action depending on the client to determine his choice, while the notary to maintain the legal signs. in practice, a notary is often found putting up a legal consultant's signboard. if related to the law of notary position and notary professional code of ethics, this is not appropriate. provisions regarding nameplate are regulated in the indonesian notary association code of ethics article 3 number 9: installing 1 (one) nameplate in front of / in the office environment with a choice of rules of 100 cm x 40 cm, 150 cm x 60 cm or 200 cm x 80 cm which loading: a. full name and legal title; yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 122 b. date and number of the last appointment decision letter as a notary public; c. domicile; d. office address and telephone / fax number. the base of the signboard is white with black letters and the writing on the signboard must be clear and easy to read. unless the office environment is not possible for the installation of the intended signboard. the notary position law does not regulate the prohibition of a notary to serve as a legal consultant, only that there are a number of article 17 (1) notaries are prohibited from: a. carry out office outside the area of office; b. leaving the area of office for more than 7 (seven) consecutive working days without a valid reason; c. concurrently as a civil servant; d. concurrently serving as a state official; e. concurrently serving as an advocate; f. concurrently serving as a leader or employee of a state-owned enterprise, a regionally-owned business entity or a private business entity; g. concurrently a position as acting officer for land deed and / or class ii auction officer outside the domicile of the notary; h. become a substitute notary; or i. do other work that is contrary to religious norms, decency, or propriety that can affect the honor and dignity of the position of notary. so that the conclusion of the discussion above that the notary can provide legal consultation in making an authentic deed, but not as a legal consultant accompanied by the installation of a signboard. notary liability and liability as a legal consultant in this study the concept of responsibility cites several theories put forward by several experts. according to hans kelsen in his theory of legal responsibility states that: "a person is legally responsible for a certain act or that he bears legal responsibility, the subject means that he is responsible for a sanction in the case of a contradictory act (hans kelsen, general theory law and state basics of normative legal studies as empirical descriptive legal studies, 2007). furthermore, hans kelsen states that "failure to carry out the precautions required by law is called negligence and negligence is usually seen as another type of error (culpa), although not as hard as the mistakes that are fulfilled because of anticipating and desiring, with or without the intention of negligence. evil, dangerous consequences. yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 123 according to abdulkadir muhammad, the theory of responsibility in unlawful acts (tort liability) is divided into several theories, namely (abdulkadir muhammad, indonesian company law, 2010): a. liability due to unlawful acts that are done intentionally (intertional tort liability), the defendant must have committed the act in such a way that is detrimental to the plaintiff or know that what the defendant will do will result in losses. b. liability due to unlawful acts committed due to negligence (negligence tort lilability), is based on the concept of error (concept of fault) relating to morals and laws that have been intermingled (interminglend). c. absolute responsibility due to acts that violate the law without questioning the mistake (stirck liability), is based on his actions both intentionally or unintentionally, meaning that even though it is not his fault he remains responsible for the losses arising from his actions. according to agus yudha hernoko,matter accountability is a the circuit to bear the losses that are caused due to errors or risks (siti kotijah, corporate liability due to management of coal mining, 2011). according to nieuwenhuis, 10 responsibilities a lawsuit arises because of an act breaking the law (onrehmatige daad) and is the cause (oorzaak) emergence loss. while the culprit is guilty (schuld), then that person must be accountable claim for the loss (jh nieuwenhuis, hoofdstuken verbintenissenrecht, 1985). the term onrechmatige daad dalam dutch usually has meaning narrow, that is the meaning used in article 1365 bw and only related with interpretation of the article. while the term "misconduct law "is directed to that law generally applies in indonesia and some of it is legal custom. the concept of violating the law is every tort by hence causing harm to other people, oblige people who are due his mistake caused that loss compensate. form of accountability according to acts that violate the law is a form of accountability that emphasizes the factor of error (liability based on fault), so if unlawful acts are the basis of a lawsuit, the injured party has an obligation to prove the existence of mistakes that caused the loss. on unlawful acts apply conditions that in general the plaintiff must be able to prove the loss suffered is a result of actions breaking the law committed by defendant. someone must be held accountable for other people's loss, if an action is committed an unlawful act is preceded by an act of the offender. generally accepted the assumption that by doing here it is meant, either doing something or not doing something, for example not doing something, intended, either doing something, even though he has a legal obligation to make it an obligation which arises from the applicable legal provisions (because there are also obligations that arise from the provisions of applicable law (because there are also obligations arising from an agreement.) yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 124 besides that what is meant regarding legal actions can be said but also violates the rights of others, contrary to the legal obligations of the offender, contrary to decency, contradicting meticulousness that must be heeded in community traffic towards self and goods others, there are losses to parties others, the existence of a loss (schade) for the victim is also a requirement that lawsuits against unlawful acts can be used. in the discussion above, it can be concluded that the notary who provides legal services to clients other than outside the making of the deed, then he can be sued personally if the legal services provided are wrong / inappropriate. it can be said that consulting services in making authentic deeds should be provided, so that clients feel safe and there are no demands in the future with the argument that the notary does not explain the contents of the deed. 4. conclusion in the discussion, the act of notary putting up a name as a legal consultant cannot be ethically generated on the grounds that the nameplate in the code of ethics only explains the name, appointment letter, and office address for the purpose of publication of the notary's office. for violations of the code of conduct, the notary may be subject to sanctions. the definition of sanctions in the indonesian notary association code of ethics in article 1 number 12 is a sentence imposed by an honorary council intended as a means, effort and means of forcing obedience and discipline of members of the association as well as other people who assume and carry out the notary's position, as for the rules regarding sanctions as referred to in article 6 of the indonesian notary association code of ethics, that: 1. sanctions imposed on members who violate the code of ethics can be in the form of: a. rebuke b. warning c. temporary termination of association membership d. termination with respect from membership of the association e. disrespectful dismissal of membership of the association 2. imposition of sanctions as outlined above for members who violate the code of ethics adjusted to the quantity and quality of violations committed by the member 3. the central honorary council is authorized to decide and impose sanctions for violations committed by ordinary members (notary active) the association, against violations of moral norms or behaviors that demean the notary's dignity and dignity or actions that can reduce public trust in the notary yurisdiksi jurnal wacana hukum dan sainsuniversitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 125 4. violations of the code of conduct committed by other people who are carrying out notary positions) sanctions can be issued a reprimand and / or warning 5. decision of the honorary board in the form of a warning or warning cannot be appealed 6. decision of the regional honorary board / regional honorary council in the form of a temporary dismissal or dismissal with respect or dismissal with no respect from the membership of the case an assembly can be appealed to the central honorary board 7. the decision of the first-level central honorary council in the form of a temporary dismissal or dismissal with respect or dismissal with respect from the membership of the association can be appealed to the congress 8. the central honorary board is also authorized to provide recommendations accompanied by proposals for dismissal as notary to the minister of law and human rights of the republic of indonesia the second conclusion is that the notary in providing legal consultation in making the deed is a free actions in the hope that the client understands what deed will be made by the notary and the contents of the deed. references hans kelsen (2007), general theory of law and state, fundamentals of normative legal studies as empirical descriptive legal studies, jakarta: bee media indonesia. jh nieuwenhuis (1985), hoofdstuken verbintenissenrecht, translation of djasadin saragih, surabaya. kotijah, siti (2011), corporate legal liability resulting from the management of coal mining, yuridika journal volume 26, surabaya. marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group 2011. muhammad, abdulkadir (2010), indonesian corporate law, bandung: citra aditya bakti. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 1 criminal appropriation from money laundering and corruption crime andy rachman, r. bayu probo s1*, aditya budi susetyo2, inal sainal saiful3 *faculty of lwa, airlangga university, surabaya e-mail: andypayrachman@yahoo.com1, bayu_nindy@rocketmail.com2, popeye130184@yahoo.com3, yhinalkah@gmail.com4 abstract the rampant criminal acts of corruption in the country have not only affected the country's finances but have violated the social and economic rights of the people, corruption is no longer a national problem, so it has become a transnational phenomenon to eradicate it. the difficulty in eradicating criminal acts of corruption, including money laundering (money laundering), is because our legal norms are still very dependent on the criminal procedure act (kuhap), the principle of which is the acusatoir principle, including the principle that can be guessed or accused as a topic related to an examination trial case. the freedom of giving and obtaining legal freedom that governs shows the principle of acusatoir, which means the difference between preliminary hearings and court hearings on the principle has been eliminated. after the entry into force of the criminal procedure code, the rights of the suspect are questioned. this is because whoever indicted, namely the prosecutor, is he who is obliged to prove the indictment. authority of the prosecutor's office in the field of prosecution and education for special crimes, based on article 30 paragraph (2) of law number 16 year 2004 concerning the republic of indonesia prosecutor's office, namely: courts for and on behalf of the state or government." keyword: criminal appropriation, money laundering, corruption crime. 1. introduction the practice of money laundering in indonesia does not show clear or transparent activities as does ordinary crime, such as theft, murder or rape. however, the symptoms of an increase in money laundering can be felt by bank indonesia (bi) or a bank with the entry of large amounts of money without knowing who the real owner is. if it is tracked by the bank, the owner is found using a fake name or the name of someone else to trick the identity of the owner of the money. this is due to the unknown origin and activities of the perpetrators in committing crimes that are very "hidden" by storing their currency as a "good" bank customer. even though this event is reported to law enforcement officers, it is not uncommon to consider it only as the dark numer crime, which is a crime that is not clear even though there are real moral and material losses to other parties.1 money laundering from proceeds of crime must be addressed, because it can damage the economic stability and mentality of officials. the impact of money laundering crimes, as stated by bambang setijopradjo, is felt in 3 (three) terms, namely: 1) the creation of unfair competition 1 suhartoyo, argumen pembalikan beban pembuktian sebagai metode prioritas dalam pemberantasan tindak pidana korupsi dan tindak pidana pencucian uang, depok: rajawali pers, 2019, h. 110. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 2 (unfair competition) between economic and business actors; 2) the degradation or decline in morale of officials due to the entrance and many circulation of "illicit money" in the country so that it encourages the temptation to do corruption, collusion and nepotism; 3) damage to the national political and economic system.2 the rampant criminal acts of corruption in the country have not only harmed state finances but have been a violation of the social and economic rights of the wider community, that corruption is no longer a national problem, but has become a transnational phenomenon3 so that international cooperation is essential in preventing and eradicate it. in its development, corruption has to do with other organized crime, especially in the efforts of corruptors to hide the proceeds of corruption through money laundering using effective international transfers. not a few public assets are corrupted, rushed and stored in financial centers in developed countries that are protected by the legal system in force in the country and by the services of professionals hired by corruptors, so it is not easy to track let alone to recover these assets . developing countries where corruption generally occurs, feel this reality as a difficulty in recovering assets that have been stolen and hidden in the world's financial centers.3 for example, regarding corruption in the bureaucracy, based on available data, starting from 2004 to mid-june 2011, there were 158 regional heads, covering 33 provinces and 524 regencies / cities in indonesia, involved in legal cases, both of whose status is still active or not served. every week the head of the regions involved in legal cases continues to grow, from the start of the process to being convicted. five years ago, the eradication of corruption began to improve as evidenced by the increase in indonesia's gpa in 20016 to 3.7. up compared to 2014 and 2015, which were each given a score of 3.4 and 3.6 so that indonesia ranks 90th out of 180 countries. it's just that the gpa score remained stagnant when measured again in 2017. indonesia's score remained at 3.7 and ranked 96th out of 180 countries. even though there is progress, the data shows that the process of eradicating corruption is proceeding very slowly.4 this also shows that the level of corruption eradication in indonesia is still quite weak. this fact can be further seen from the results of the cpi based on data held by indonesia international transparency (it) in 2017 which states indonesia is at 3.7 points. this fact shows that indonesia's gpa is still very far behind when compared to the gpa of neighboring countries such as singapore with a score of 8.4 and malaysia with a score of 5.0. even though the device to eradicate corruption has been prepared, with the passing of many laws and regulations. no less 2 ibid. 3 konsideran undang-undang nomor 20 tahun 2001 tentang perubahan atas undang-undang nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi. 4 ibid, h. 3 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 3 than nine laws and regulations related to corruption, both in the form of laws, government regulations in lieu of laws, government regulations, presidential decrees, and presidential instruction. for example, the legal instrument for eradicating corruption is based on presidential instruction number 5 of 2015 concerning the prevention and eradication of corruption act of 2015, in fact the spirit of fighting corruption in indonesia is still very weak and far from expectations.5 along with technological developments in various fields, criminal acts of corruption and misappropriation of state finances are increasingly complex and complex. to ensnare and prove the perpetrators of corruption properly is not only applied to all articles of the relevant legislation, but also requires more ability from judges to improve the accuracy of fair decisions. meanwhile, if you remember or consider the value of the assets that were charged to the perpetrators who are litigating as big, while the evidence that shows that the assets as goods resulting from corruption cannot be demonstrated then the charges themselves become weak.6 further explanation regarding the difficulty in eradicating criminal acts of corruption, including money laundering, is because our legal norms are still very dependent on the criminal procedure code (kuhap), the principle of which is the principle of acusatoir, the principle that places suspects or the defendant as a subject in the examination of criminal cases. the freedom to give and get regulated legal counsel shows the adoption of the acusatoir principle, which means the difference between the preliminary hearing and the trial hearing on the principle has been eliminated. after the entry into force of the criminal procedure code, the rights of the suspect get even more recognition. this is because whoever indicted, namely the prosecutor, is he who is obliged to prove the indictment.7 in a broad sense, basically the nature of corruption places more emphasis on unlawful behavior by means of betraying a trust. corruption is an immoral act to obtain a method of carrying out acts of theft and fraud. syed hussein alatas also formulated the concept of corruption simply. according to alatas, "corruption is the abuse of trust in the interest of private gain," namely the misuse of the mandate for personal gain.8 the crime of money laundering or known as money laundering as a crime has a characteristic that is that this crime is not a single crime but a double crime. this is characterized by a form of money laundering as a crime that is a follow-up crime or a follow-up crime, whereas the main crime or original crime is referred to as a predicate offense or core crime or formulated by 5 ibid. 6 ibid, h. 5. 7 ibid., h. 6 8 ibid., h. 67 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 4 a country as unlawfull actifity, namely the original crime that produces money which is then carried out the laundering process.9 according to article 2 paragraph (1) which is determined as predicate crime, there are 25 types of criminal acts, and paragraph (2) confirms to be equated as the result of a criminal act as referred to in paragraph (1) letter n, including wealth assets that are known or reasonably suspected to be used and / or used directly or indirectly for terrorism activities, terrorist organizations, or individual terrorists. 10 according to the provisions of article 1 paragraph (1) of law number 8 of 2010 it is stated that the theft of money is any act that fulfills the elements of a criminal act in accordance with the provisions in the law. in this sense, the elements in question are elements of the perpetrators, elements of acts against the law and elements are the result of criminal acts. the definition of money laundering can be seen in more detail in the provisions in article 3, article 4, and article 5 of the tppu. the point is that money laundering is a form of crime committed either by a person and / or corporation intentionally placing, transferring, transferring, spending, paying, granting, entrusting, bringing abroad, changing forms, exchanging with currency or letters valuable, or other acts of assets that are known to be or reasonably suspected are the results of criminal acts with the aim of concealing or disguising the origin of those assets, including those who receive and control them. various ways have been taken to save state finances, among others by tracking / pursuing and confiscation of goods / wealth that are allegedly related to corruption crimes. law number 31 of 1999 jo. law no. 20/2001 concerning eradication of corruption, the law regulates the sanction of payment of fines and compensation for acts of corruption committed by individuals or legal entities with the aim of maximizing the return of corrupted state money. based on article 35 paragraph (1) of law number 17 of 2003 concerning state finances: "every state official and non-treasurer public servant who violates the law or neglects his obligations either directly or indirectly that harms state finances is required to compensate the intended loss". the provision is one of the efforts to settle the state's loss recovery which was taken by the corruptors. efforts to recover state financial losses as stipulated in the corruption act in reality still face obstacles both at the procedural level and at the technical level. at the procedural level, certain legal instruments that are in accordance with legal issues are needed. in corruption, the 9 suhartoyo, op. cit., h. 92. 10 pasal 2 ayat (1) dan (2) uu ri no. 8 tahun 2010 tentang pencegahan dan pemberantasan tindak pidana pencucian uang. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 5 proceeds of crime in the form of assets are not only enjoyed by the defendant, but also by third parties who are not accused. one of the law enforcement agencies that is given the authority to enforce law in the handling of acts of corruption other than the corruption eradication commission (kpk) is the attorney general's office of the republic of indonesia as affirmed in law number 16 of 2004. at present, the eradication of corruption has been carried out by various institutions such as the attorney general's office and the police and other bodies related to eradicating criminal acts of corruption, therefore regulating the authority of the corruption eradication commission (kpk) in this act is done carefully so that there is no overlapping of authority with these various agencies.11 authority of the prosecutor's office in the field of prosecution and investigation for special crimes, based on the provisions of article 30 paragraph (2) of law number 16 year 2004 concerning the attorney general's office of the republic of indonesia, namely: act both inside and outside the court for and on behalf of the state or government. " the authority in the field of civil service and state administration by the prosecutor, including if the convicted corruption criminal is unable to pay replacement money if the insufficient amount of replacement money or goods have been used up, the public prosecutor as the executor can wait until the defendant has more assets . if it turns out that after some time (having finished serving a criminal offense) has wealth, the public prosecutor can request the underpaid payment of compensation through a civil suit to the district court in accordance with the circular letter of the supreme court of the republic of indonesia number 3 of 1990. the prosecutor as a state attorney in handling the return of corruption assets, can be seen that the act of seizure carried out based on a criminal justice decision, there are several obstacles including: the perpetrator fled, died, had immunity, had debate or power and the perpetrator was not known to be domicile, the asset was in third party, and lack of sufficient evidence.12 the return of assets by the state is carried out with the confiscation of these assets is a series of investigative actions to take over and or save under the control of movable or immovable, tangible and intangible objects for the purposes of proof and investigation, prosecution and trial.13 in the case of asset recovery, there is also a method of seizing assets that is different from confiscation, namely revoking the right of a person to an object. given the legislation system that is not flexible and is always required to do changes and updates according to the circumstances that occur. it becomes a polemic when corruptors enjoy the proceeds of their crime (assets) by using it for personal interests or even shared interests with other 11 undang-undang nomor 30 tahun 2002 tentang komisi pemberantasan tindak pidana korupsi. 12 www.kejaksaan.go.id, humas_i. diakses pada tanggal 03-09-2019 13 pasal 1 butir 16 kuhap. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 6 parties, therefore there will be a mixture of existing interests, and the integration of assets. an example is if the assets of a corruption crime are made a part of an alliance for a business, so there is a merging of assets that will be used as business capital so that under these conditions there are parties involved in their interests (third parties).14 article 38 of the criminal procedure code has stipulated that an investigator can confiscate on the basis of a permit from the local district court (or without a permit from the judge if in an urgent situation and only on movable objects but after confiscation is obliged to provide an investigative report to the relevant local district court in his interest in the case of deprivation, efforts can be made to recover if there are interests or rights of a disadvantaged third party, related to the deprived assets, a third party can prove that the interests or rights are true and do not form part of a criminal act of corruption or belongs to the convicted person (article 19 paragraph (1) of the anti-corruption law) if there is a third party who submits an objection letter to the court, the time is no later than 2 months after the court's decision is decided in a public hearing (article 19 paragraph (2) of the anti-corruption law). if in the case of confiscation of assets that have been transferred by a third party, it must be done based on what has been explained above that there must be a court decision that has permanent ownership which states that the defendant is proven to have committed a criminal act of corruption and is declared as a convict by being charged with being seized. his assets which are the proceeds of crime from corruption. and if the crime property has changed hands or is ruled by another party, then directly or indirectly the act of seizure is carried out on the asset regardless of the existence of the asset under whose control, and based on legal protection in article 19 of the corruption act, an effort is made against those parties. the party who feels aggrieved over the act of appropriation of these assets to object to the reverse evidence. so in this position of course the role of the reverse proof mechanism is very dominant in the mechanism of appropriation of assets where the asset is controlled or is in the hands of a third party. one way of transferring to third parties with various modes is also inevitable assets that are suspected of proceeds of corruption have been carried out buying and selling by a criminal offense to a third party with the deed of the authorized official namely through the sale and purchase deed (ajb) issued by the official land deed makers (ppat), if seen from the process and requirements to conduct the sale and purchase, there are no problems or violate the legal provisions, the requirements to make the ajb have been fulfilled, but what becomes a problem after the buying and selling process is carried out or marked by surrender ( levering) i.e. the transfer between one 14 purwaning. m. yanuar, pengenmbalian aset hasil korupsi, pt. alumni, bandung, 2007, h. 51. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 7 owner to the other owner legally,15 the object, in this case the land, house or assets promised will be surrendered by the state for allegedly obtained from the results of criminal acts of corruption and money laundering committed by the seller. it is clear that the third party as a buyer in good faith is harmed by the confiscation carried out on the basis of a court decision because there are allegations that the assets were obtained from the results of corruption and money laundering, in the law the civil code clearly provides protection for buyers in good faith namely article 1338 paragraph (3) explains that each agreement must be implemented in good faith, this explains that each party making the agreement must be based on good faith, in this case including the sale and purchase agreement where the object is fixed and movable objects. criminal appropriation of crimes related to money laundering and corruption crimes deprivation is an additional type of crime aimed at assets that are used or obtained from crime. in ancient times, the emperors of the roman empire were a criminal offense as legal politics which intended to rake as much wealth as possible to replenish their cash. criminal plunder appeared in the roman code of justice in 1810 and was removed in the netherlands in the 18th century. then the criminal robbery reappeared in wetboek van strafrecht (wvs) in the netherlands and based on the principle of concordance was imposed in indonesia. through law no. 1 of 1946 concerning criminal law rule jo. law number 73 of 1958 concerning declaring law number 1 of 1946 applies to all parts of indonesia (hereinafter referred to as the criminal code). in the criminal code the provisions related to seizure are regulated in article 39. according to the provisions of article 39 of the criminal code, what can be carried out is the possession of the defendant used to commit a crime, the goods have been confiscated.16 the goods belonging to the convicted person obtained from crime. the confiscation of goods regulated in article 39 of the criminal code is facultative, which is divided into two groups, namely :17 a. goods obtained from crime, for example money obtained from crime theft. these goods are called corpora delicta and these items are always confiscated as long as they belong to the midwives and come from crimes, both dolus and culpose crimes. in the case that corpora delicta is obtained by violation (overtredingen), the goods can only be confiscated in matters 15 andi muhammad anas, 2011, penyerahan atau levering, dikutip dari http:andianas.blogspot.com/2011/12/levering-penyerahanoperdraeht.html, diakses pada tanggal 3 oktober 2013 pukul 14.02 wib. 16 supardi, perampasan harta hasil korupsi “prespektif hukum pidana yang berkeadilan”, prenadamedia group, jakarta, 2018, h. 47. 17 ibid., h. 48. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 8 determined by law, for example article 502 paragraph (2), article 519 paragraph (2), article 549 paragraph (2) criminal code (related to weapons, fake money, livestock that causes violations); b. goods that are intentionally used to commit crimes, for example; firearms, daggers, poisonous materials, unauthorized abortion and others. these items are called instrumenta delicta and can always be seized as long as they are used to commit a crime. if the offense instrument is used to commit dolus or colpus crimes or violations, then the instrumental delicta can only be deprived in matters specified in the law, for example article 205 paragraph (3), article 519 paragraph (2), article 549 paragraph (2) of the criminal code. the general provisions apply to the two things above, namely the possession of the convicted person, but there are exceptions, namely crime related to counterfeit currencies contained in article 250 of the criminal code bus and also in legislation outside the criminal code. in accordance with the provisions of the article, in a crime of currency the appropriation is imperative even though it does not belong to the convicted person, in contrast to the general provisions which are facultative. according to jonkers, as quoted by aruan sakidjo and bambang purnomo, in the general rules in book i of the criminal code, deprivation is determined as punishment or criminal, but the implementation is as stipulated in book ii of the criminal code.18 types of punishment or criminal according to the provisions of article 10 of the criminal code are divided into two parts, are:19 a. principal sentences consisting of, (1) capital punishment; (2) imprisonment; (3) incarceration; and (4) fines; b. additional penalties consisting; (1) revocation of certain rights; (2) confiscation of certain goods; and (3) announcement of the judge's decision. based on the provisions of article 10 of the criminal code, confiscation is one of three additional types of punishment, ubi non est principalis, non potest esse accessorius, where there is no main point, then there is no additional matter. such is the postulate which underlies the principal and additional matters. the general principle that applies is that additional crimes may not be imposed without the principal criminal, but on the contrary the principal criminal can be imposed without additional criminal. judges may impose only one main criminal with more than one additional criminal.20 mardjono reksodiputro explained that the legal concept of confiscation of assets or assets according to indonesian and dutch criminal law is an additional sentence that can be imposed by 18 ibid. 19 ibid., h. 49. 20 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 9 the judge together with the principal crime. according to jonkers, the basic punishment is different from the additional punishment, as the name suggests additional punishment can only be handed down along with the basic punishment. the law recognizes several exceptions to the application of this hope. deprivation, for example, can be imposed on children surrendered to the government, only regarding confiscated goods (article 39 paragraph (3) of the criminal code). so, here is an additional sentence imposed but not subject to basic crimes (only an act). as in the case of possessing, loading or transporting goods that are contrary to the rules of the law, which are carried out by persons under the age of sixteen know, the judge can drop the seizure of these items, even if the child is not subject to a basic sentence (only returned to parents).21 according to p.a.f. lamintang and theo lamintang, according to article 39 paragraph (3) of the indonesian criminal code from the words of "guilty person" and placed under government surveillance, it can be seen that the perpetrators of the criminal offenses concerned by the judge were not subject to a criminal (principal). the statement of confiscation of objects as referred to in article 39 paragraph (3) of the criminal code is a question, is it still appropriate to be called a temporary additional criminal without the principal criminal.22 although in the explanation of article 39 paragraph (3) of the criminal code says zonder hoofdstraf geen bijkomende straf, which means that without the main criminal offense there may be no additional criminal sanctions, but according to the provisions of the article the government has permitted the imposition of additional criminal offenses in the form of seizure of objects without the imposition of objects basic crime. this is repeated again in the explanation of the establishment of article 40 of the criminal code which expressly recognizes the seizure of certain objects is not a crime as referred to in the criminal code, but only as a politiemaregel or a mere precautionary measure. therefore, the general concept of yam est principalis, non potest esse accessorius, in the criminal code does not apply absolutely because there are several provisions that deviate from it.23 regarding the foregoing, pompe said, "one must make a distinction first between the statement of seizure of an object as a criminal offense, and the statement of seizing an object as an act. furthermore, the person who feels aggrieved always has the right to express an objection to hakum against the appropriation. in addition, langenmeijer also revealed "a statement of seizure of an object for the benefit of the state, must never harm the rights of others, unless the law expressly permits that against such things can also be done against objects belonging to another person. the character of the action (matregel) is attached to the reading of the additional sentence 21 ibid. 22 ibid., h. 50. 23 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 10 "announcement of the judge's decision" in a hearing that is declared open to the public (openbaarmarking van de rechtelijke uitspraak). in addition to containing elements of punishment, concerning the offense of the good name of the convict, the announcement referred to also functions as a warning to the general public. the same thing also concerns additional crimes in the form of revocation of certain rights. part of it is suffering that is felt by the convict at the same time as aiming to protect certain social interests.24 additional crimes of confiscation of assets resulting from corruption as one type of crime, are specifically regulated in article 18 and article 19 of law number 31 of 1999 concerning eradication of corruption acts as amended by law number 20 of 2001 concerning amendments to laws law number 31 of 1999 concerning corruption eradication of corruption corruption (anti-corruption act). in accordance with article 18 paragraph (1) letter a, confiscation is carried out on goods obtained from criminal offenses in addition to those used or items that replace them. this means, the seizure of property can be done even though the defendant / convict does not enjoy it. giving, surrendering, transferring the transfer so that the defendant does not enjoy the assets obtained from the criminal act of corruption does not reduce the right of the state to seize the property, especially for corruption assets that have been made in other forms (goods that replace it). such deprivation must pay attention to the rights of third parties in good faith. if it is proven that a third party receiving the gift, transfer, transfer or transfer of assets of the convicted person is proven in good faith, then the provisions of article 18 paragraph (1) letter b shall apply, namely the payment of replacement money sourced from the legal assets of the convicted person at most the same as the assets obtained from criminal acts of corruption.25 the provision of article 19 paragraph (1) regulates the protection of the confiscation of assets produced by third parties, which reads "the court's decision regarding the confiscation of goods not belonging to the defendant is not handed down, if the rights of third parties in good faith will be impaired". the third party to whom the seizure was subjected to further may submit an objection as referred to in the next paragraph, namely:26 (2) in the event that a court decision as meant in paragraph (1) includes third party goods of good faith, the third party may submit an objection letter to the court concerned, no later than two months after the court decision is declared open to the public. (3) submission of objection letters as referred to in paragraph (2), does not suspend or stop the implementation of court decisions. 24 ibid. 25 ibid,. h. 56. 26 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 11 (4) in the circumstances referred to in paragraph (2), the judge requests information from the public prosecutor and interested parties. (5) judge's determination of the objection letter as referred to in paragraph (2) may be appealed to the supreme court by the applicant or the public prosecutor. the meaning contained in the provisions of article 19 is very appropriate as a complement to the provisions of the confiscation of assets and payment of compensation money to the convicted person, bearing in mind that the assets obtained from the criminal act of corruption are not always enjoyed by the convicted person. not infrequently the results of criminal acts of corruption obtained by third parties, meaning that third parties receive property as part of the proceeds of crime committed along with the convicted person. the convicted person gets a part of the proceeds of crime, so does a third party but has not / has not been legally processed.27 additional criminal formulations related to the seizure of goods or property regulated in the anti-corruption act (article 18 including article 19) are different from what is stated in the criminal code. the articles in the criminal code receive additional materials and formulations adjusted to the current condition of criminal acts of corruption. in addition to the confiscation of assets or property obtained from criminal acts of corruption, the most important thing related to the restoration of ownership rights (state) is the existence of criminal payment of compensation in the amount of as much as the assets obtained from criminal acts of corruption. this additional criminal payment of replacement money is not known in the criminal code.28 additional penalties according to the criminal code in the form of a confiscation of objects belonging to the convicted person obtained from a crime are actually a crime, which is a bermofensstraf or a criminal intended to negate or reduce the property of the convicted person, especially those obtained from the crime. for this reason the establishment of the law requires that objects seized must belong to the convict himself.29 therefore, the essence that underlies the norms of imposing criminal assets seizure in a criminal act of corruption that takes state money unlawfully, the principle is the same as the spirit that is harmed by the perpetrators of a crime and in a criminal act of corruption is the state or society. recovery of the financial losses of the said country through the methods regulated in article 18 paragraph (1) to letters a and b jo. article 19 paragraph (1) of the law on corruption in the form of confiscation of goods or assets obtained from a criminal act of corruption or goods that replace it and payment of compensation in the amount of as much as the assets obtained from a criminal act of corruption. 27 ibid. 28 ibid., 57. 29 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 decidendi ratio according to law no. 48 of 2009 concerning judicial power in article 4 letter b, it states that the court helps justice seekers and tries to overcome all obstacles and obstacles in order to achieve a simple, speedy and low cost trial.30 in connection with this matter, judges in the court are required to use the principle of the ratio decidendi or decision based on clear and sufficient considerations. in this case, in addition to having to contain the reasons and basis for the decision, it also contains certain articles and relevant laws and regulations (unwritten legal sources) that are used as the basis for hearing, and each decision must contain legal considerations based on the reasons for the assessment. and the right and correct legal basis.31 regarding legal considerations from judges or ratio decidendi means that an argument / reason used by the judge as a legal consideration is the basis before deciding on a case. regarding legal considerations from judges or ratio decidendi means that an argument / reason used by the judge as a legal consideration is the basis before deciding on a case.32 judges' considerations, known as ratio decidendi, are legal reasons or rationale used by a judge in deciding a case. the legal considerations or ratio decidendi are contained in the consideration considering the main case, which starts with the opinion of experts (doctrine), evidence, and jurisprudence which must be arranged systematically, logically, and interconnected (samenhang) and complementary. concrete legal considerations must be set forth as an analysis, argumentation, opinion, and conclusions of the judge.33 in general, the function of ratio decidendi or legal reasoning, is as a means of presenting the main points of thought about the problematic of legal conflicts between one person and another, or between the community and the government of cases that are controversial or counterproductive to become a replica and duplicate of the pilot, especially concerning the good and bad system of law enforcement and application, the attitude of the law apparatus, and the judiciary.34 asset seizure mechanism in indonesia current criminal law is seriously considered in jurisdiction in indonesia. the current penal code in indonesia is basically a legacy from the dutch east indies colonial government called 30 uu no. 48 tahun 2009 tentang kekuasaan kehakiman. 31 ahmad mujahidin, pembaharuan hukum acara peradilan agama, ghalia indonesia, bogor, 2012, h. 40-41. 32 i.p.m. ranuhandoko, terminologi hukum inggris indonesia, sinar grafika, jakarta, cetakan ketiga, 2003, h. 475. 33 lilik mulyadi, pergeseran perspektif dan praktek dari mahkamah agung mengenai putusan, citra aditya bakti, bandung , 2009, h. 164. 34 abraham amos h.f, legal opinion teoritis & empirisme, grafindo persada, jakarta, 2007, h. 34. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 wetboek van strafrecht vor nederlandscg indie (wvsni) imposed under the konlulijk besluit dated october 15, 1915 staadsblad 1915 number 732 and came into force on january 1, 1918, under the law of the netherlands number 1 of 1946 the official name of wetboek van strafrecht vor nederlandscg indie (wvsni) was changed to wetboek van strafrecht (wvs) which can be referred to as the criminal code (kuhp). the penal code is based on the "principe de la légalité" (principle of legality), which means that a person can be found guilty only on the basis of violations that are included in the criminal code. the latin word "nullum crimen nulla poena sine lege" (no punishment without law). this must be understood as a "stronghold" against the arbitrariness of the powers of law enforcement officers. in all cases, the claimant must prove that a violation has taken place and that the asset is the result of an illegal act or is intended to be used in criminal activities or as a result of the crime thereof. in the global seizure of assets, of course, in terms of the term "assets" must be widely understood. they can be objects or values, or any type of economic benefit that can be estimated, either by increasing assets or decreasing liabilities. to be seized, assets must be the result of a violation or crime. the result can be from any type of crime, as long as it has been determined in the criminal code or other criminal acts regulated in the provisions of other laws (for example, the law on non-criminal corruption, money laundering and trafficking, etc.). based on the criminal justice system in indonesia which is based on the laws and regulations that govern it, in the context of legal settlement against corruption, criminal acts are carried out based on a criminal justice system mechanism for criminal acts of corruption in order to recover assets from efforts to restore the results of criminal acts of corruption and recovery of the country's economy. the mechanism is based on law number 20 year 2001 concerning amendments to law number 31 year 1999 jo. law number 31 of 1999 and law number 46 of 2009 concerning corruption court. the asset seizure mechanism is based on article 18 letter (a) of the tipikor law which states:35 “confiscation of tangible or intangible immovable property or immovable property used for or obtained from a criminal act of corruption, including a convict-owned company where a criminal act of corruption was committed, as well as the price of the goods that replace the items”. based on this article, the act of seizure of assets has been regulated and used as sanctions against perpetrators of criminal acts of corruption, in terms of efforts to return the proceeds of crime. furthermore, the criminal act of corruption places the act of appropriation of assets not only as a criminal sanction, in the event that an act of appropriation of assets can be carried out in 35 undang-undang ri nomor 20 tahun 2001 tentang perubahan atas undang-undang nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 the event that the defendant dies before a verdict is rendered against him by obtaining strong enough evidence that the relevant person has committed a criminal act of corruption, then the judge for the demands of the public prosecutor determined the act of confiscation of goods that had been confiscated previously (article 38 number (5) of the corruption act). in the positive law provisions of indonesia as a law that has been determined and applies in a binding manner (ius constitutum), namely law number 31 of 1999 which is then updated through the provisions of law number 20 of 2001 concerning eradication of corruption, there is a criminal law policy against ownership of assets of perpetrators of corruption. basically, the criminal law policy which is applied to the formulative policy determines that the regulation of ownership of assets of a criminal act of corruption can be done through 2 (two) channels, namely criminal law through the decision of a criminal court and through a civil law that is through a civil procedure (civil procedure). the provisions of the civil law line are based on article 32 paragraph (1) of the corruption crime act:36 “in the event that the investigator finds and believes that one or more elements of a criminal act of corruption do not have sufficient evidence, whereas there is clearly a state financial loss, the investigator immediately submits the case file of the investigation to the state attorney for a civil lawsuit or submitted to the agency disadvantaged to file a lawsuit. " paragraph (2) determines: "a free decision in a criminal act of corruption does not nullify the right to sue for losses to the state finances.” and article 33 of the corruption crime act:37 “ in the event that the suspect dies at the time of the investigation, while there is clearly a state financial loss, the investigator immediately submits the case file of the investigation result to the state attorney or submitted to the aggrieved agency for a civil suit against his heirs.” article 34 of the corruption crime act:38 “in the event that the defendant dies during an examination at a court hearing, whereas there is clearly a state loss, the public prosecutor shall immediately hand over a copy of the proceedings to the state attorney or handed over to the injured institution for a civil suit against his heir.” article 38 c of the corruption crime act:39 “if after the court's decision has obtained permanent legal force, it is known that there are 36 ibid. 37 ibid. 38 ibid. 39 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 still assets belonging to the convicted person which is allegedly or reasonably suspected to also originate from a criminal act of corruption that has not been subject to seizure for the state as referred to in article 38c paragraph (2), then the state can make a civil suit against the convicted and / or his heir.” law number 20 year 2001 concerning amendment to law number 31 year 1999 through a civil claim and the provisions of article 38 paragraph (5) determine:40 “in the event that the defendant dies before the verdict is handed down and there is sufficient evidence that the person concerned has committed a criminal act of corruption, then the judge of the prosecution demands the confiscation of confiscated goods.” article 38 paragraph (6) :41 “appropriation of appropriation as referred to in paragraph (5) cannot be appealed for.” article 38b paragraph (2):42 “in the event that the defendant cannot prove that the assets referred to in paragraph (1) were obtained not due to a criminal act of corruption, the property is deemed obtained also from a criminal act of corruption and the judge has the authority to decide all or part of the assets are seized for the state.” the provisions as mentioned above authorize the state attorney or the injured institution to file a civil suit against the convicted and / or heirs at the level of investigation, prosecution or examination at a court hearing. 2. conclusion based on the explanation above, the writer concludes that: 1. the characteristics of confiscation of assets resulting from money laundering from corruption are different from the confiscation of assets of general criminal acts, in the case of confiscation carried out in the legal process, namely regarding confiscation of assets belonging to the suspect / defendant if the confiscation of general criminal acts of confiscation is only carried out against proceeds of crime. because deprivation is a type of punishment the act of deprivation is always related to the judge's decision to be carried out by the prosecutor as the executor. according to the anti-corruption law, additional punishment can be in the form of seizure of tangible movable or immovable property, which 40 ibid. 41 ibid. 42 ibid. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 is categorized as used to commit a criminal act of corruption, the results of a criminal act of corruption, a company owned by a convict where a criminal act of corruption is committed. 2. legal considerations of judges or ratio decidendi are arguments / reasons used by judges as legal considerations which are the basis before deciding cases. legal considerations or known as ratio decidendi, are legal reasons or rationale used by a judge in deciding a case. the legal considerations or ratio decidendi are contained in the consideration considering the main case, which starts with the opinion of experts (doctrine), evidence, and jurisprudence which must be arranged systematically, logically, and interconnected (samenhang) and complementary. concrete legal considerations must be set forth as an analysis, argumentation, opinion, and conclusion of the judge. in making legal considerations before issuing a judge's decision based on the facts of the trial revealed in the trial as well as the evidence presented in the trial, in addition to deciding the judge also considers the opinions of experts (doctrina), evidence, and jurisprudence which must be arranged systematically, logically, and are interconnected (samenhang) and complement each other so that the court's decision can be accounted for and fulfill a sense of justice for the community. in making legal considerations related to the decision of a criminal offense the judge must also pay attention to the evidence in the trial in order to obtain certainty that an event / fact that was submitted actually happened, in order to obtain the judge's decision accordingly and fairly. then the judge cannot render a decision before it is real for him that the event / fact really happened, that is proven first, so that a legal relationship between the parties appears. references anas, andi muhammad. 2011, penyerahan atau levering, dikutip dari http:andianas.blogspot.com/2011/12/levering-penyerahanoperdraeht.html, diakses pada tanggal 3 oktober 2013 pukul 14.02 wib. amos h.f, abraham. (2007). legal opinion teoritis & empirisme, grafindo persada, jakarta. i.p.m. ranuhandoko. (2003). terminologi hukum inggris indonesia, sinar grafika, jakarta, cetakan ketiga. mulyadi, lilik. (2009). pergeseran perspektif dan praktek dari mahkamah agung mengenai putusan, citra aditya bakti, bandung. mujahidin, ahmad. (2012). pembaharuan hukum acara peradilan agama, ghalia indonesia, bogor. purwaning. m. yanuar. (2007). pengenmbalian aset hasil korupsi, pt. alumni, bandung. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 rihantoro bayuaji. (2019). hukum pidana korupsi prinsip hukum perampasan aset koruptor dalam prespektif tindak pidana pencucian uang, laksbang justitia, jakarta. suhartoyo. (2019). argumen pembalikan beban pembuktian sebagai metode prioritas dalam pemberantasan tindak pidana korupsi dan tindak pidana pencucian uang, depok: rajawali pers. supardi. (2018). perampasan harta hasil korupsi “prespektif hukum pidana yang berkeadilan”, prenadamedia group, jakarta. undang-undang nomor 8 tahun 1981 tentang kitab undang-undang hukum acara pidana. undang-undang nomor 20 tahun 2001 tentang perubahan atas undang-undang nomor 31 tahun 1999 tentang pemberantasan tindak pidana korupsi. undang-undang nomor 30 tahun 2002 tentang komisi pemberantasan tindak pidana korupsi. undang-undang nomor 17 tahun 2003 tentang keuangan negara undang-undang nomor 48 tahun 2009 tentang kekuasaan kehakiman. undang-undang nomor 8 tahun 2010 tentang pencegahan dan pemberantasan tindak pidana pencucian uang. www.kejaksaan.go.id, humas_i. diakses pada tanggal 03-09-2019 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 231 legal enforcement efforts on traffic violations made by students under the age in surabaya city ebit rudianto 1 , vivin indrianita 2 , mohammad roesli 1 1 faculty of law, merdeka university surabaya, 2 faculty of health sciences, merdeka university surabaya e-mail : ebietrudianto@gmail.com, vivin.carissa89@gmail.com abstract law enforcement in the state is carried out in a preventive and repressive manner. preventive law enforcement is in place to prevent violations of the law by citizens and this task is generally assigned to the executive bodies and the police. repressive law enforcement at the operational level (its implementation) is supported and through various institutions that are organizationally separate from one another, but remain within the framework of law enforcement, starting from: the police, the attorney general's office, the courts, to correctional institutions. there are many problems related to law violations, ranging from minor to severe. minor offenses that often occur in traffic problems, such as not wearing a helmet, running a red light, not having a sim or stnk, not turning on the lights during the day, and hitchhiking are considered cultured among the community and school students. traffic violations like that are considered to have become a habit for road users, so that every time an orderly operation of traffic is carried out on the highway by the authorities, not a few cases of traffic violations are caught and often because these violations often lead to traffic accidents. cross. driving a vehicle inadvertently and exceeding the maximum speed seems to be an immature behavior. however, most drivers are aware of the dangers faced when driving a vehicle over this maximum speed. however, in reality, there are not a few drivers who do this, especially school students, so that many traffic violations cause traffic accidents. keywords: law enforcement, traffic violations, underage students 1. introduction traffic violations today are increasingly alarming, recorded in the jurisdiction of the traffic unit (satlantas) of the surabaya big city police in 2018, members of the indonesian police have taken direct action against 139,291 [1] cases of traffic violators (ticket). traffic violation cases that occur are directly proportional to traffic accidents, it is proven that during 2018 there were 1,702 traffic accidents [2]. the data also recorded that as many as 77,988 direct actions against traffic violations were committed by school children. there are many problems related to law violations, ranging from minor to serious [3]. minor violations that often occur in traffic problems, such as not wearing a helmet, running a red light, not having a sim or stnk, not turning on the lights during the day, and hitchhiking are considered to be cultured among the community and school children. traffic violations like that are considered to have become a habit for road users, so that every time an orderly operation is carried out on the highway by authorities, there are many cases of traffic violations and not infrequently because these violations often lead to traffic accidents. law enforcement officials (traffic police) have a role as deterrent (politie toezicht) and as a(perpetratorpolitie dwang) in political functions. in addition, the traffic police also carry out http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 232 regulatory functions (for example, regulating the obligation for certain motorized vehicles to equip a safety triangle) andfunctions bestur, especially in terms of licensing or begunstiging (for example,issuing a driving license). driving a vehicle inadvertently and exceeding the maximum speed seems to be an immature behavior. however, most drivers are aware of the dangers faced when driving a vehicle over this maximum speed. however, in reality, there are not a few drivers who do this, especially school children, so that many traffic violations cause traffic accidents. the laws and regulations governing road traffic and transportation problems are not completely synchronous and there are provisions that have been left behind by the development of society. however, it is not an exaggeration to suggest several ways of enforcing traffic regulations which according to experience will be more efficient. the usual way is periodic reinforcement or partial reinforcement. this method is applied when certain behaviors are not always rewarded or punished. if a driver is accustomed to following certain highway routes, there is a tendency to exceed the maximum speed. this is because the driver considers himself familiar with this part of the highway. if a road patrol officer is stationed at certain places on the road, then he does not have the opportunity to violate the maximum speed limit. however, if the placement of officers is done regularly, then the driver will know when he has to comply with traffic regulations. this method aims to produce well-behaved drivers. the second method is usually called conspicuous enforcement, which usually aims to prevent drivers from dangerous driving. in this way it is intended as a way to place a police car or other means prominently so that the driver sees it as clearly as possible. this will usually prevent someone from breaking the rules. this method aims to maintain the safety of the human soul and of course, that both methods require adequate facilities and capable and skilled human resources. 2. research method the approach to the problem in this study uses the normative juridical method, namely: an approach that has a starting point from the provisions of legislation and is examined in the field to obtain supporting factors and obstacles. 3. results and discussion the legal arrangements regarding traffic violations committed by underage students contained in law number 22 year 2009 are divided into two parts, namely in the form of violations and crimes. in the form of violations, namely: violations of motorized vehicle equipment, violations of traffic and driving procedures, and violations of road functions and traffic signs (article 281 to article 313 of law number 22 of 2009). in the form of crime, namely: which results in damage and / or disruption to the function of the road, because it will cause accidents for http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 233 other people as road users, this prohibition is contained in article 28 paragraph (2), this means that everyone is prohibited from destroying facilities and infrastructure. traffic and road transportation such as traffic signs, road markings, traffic signaling devices, pedestrian facilities and road user safety devices. based on the data obtained from the surabaya city police (the last 3 years), it can be concluded that there has been a decrease in the number of traffic violations committed by underage students. data can be presented in table form as below: table1. decrease in the number of traffic violations committed by underage students. year number of violations 2018 32. 066 cases 2019 31.970 cases 2020 16.990 cases after looking at the data above, it can be concluded that the application of the law in cases of traffic violations committed by underage students is strictly obeyed by students. in an application of the law against traffic violations committed by underage students, several supporting factors are needed so that the application of the law can run smoothly. application of the law of traffic violations by underage students according to law number 22 year 2009 traffic in law number 22 year 2009 concerning road traffic and transportation is defined as "the movement of vehicles and people in the road traffic space", meanwhile what is meant by road traffic space is infrastructure designated for the movement of vehicles, people and / or goods in the form of roads and supporting facilities. the government has the aim of realizing road traffic and transportation that is safe, safe, fast, smooth, orderly and orderly, comfortable and efficient through d the traffic managementan traffic engineering. themethod of traffic on the road is regulated by the relevant laws and regulations traffic direction,prioritize using roads, traffic lanes, traffic lanes traffic andflow control at intersections. in implementing traffic law, it must have components so that traffic interactions can occur, namely humans as users, vehicles, and roads. in the application of the law on traffic violations, a mature and well-organized concept is needed so that the implementation of the law can run smoothly. the elaboration of the analysis of article 245 of law number 22 year 2009 concerning road traffic and transportation, namely http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://wapedia.mobi/id/manajemen_lalu_lintas http://wapedia.mobi/id/manajemen_lalu_lintas http://wapedia.mobi/id/rekayasa_lalu_lintas http://wapedia.mobi/id/rekayasa_lalu_lintas http://wapedia.mobi/id/arah_lalu_lintas http://wapedia.mobi/id/arah_lalu_lintas http://wapedia.mobi/id/jalan http://wapedia.mobi/id/jalan http://wapedia.mobi/id/jalan http://wapedia.mobi/id/jalan http://wapedia.mobi/id/jalan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 234 with the following concepts: traffic management, traffic planning activities, traffic control activities, traffic control activities, and traffic control activities. with the various concepts described above, the implementation of the law against traffic violations committed by underage students can run well and smoothly so that it can cause comfort in traffic. in applying the law regarding traffic violations, the police are guided by law number 22 of 2009 concerning road traffic and transportation, wherein in imposing sanctions on traffic offenders, the police use the law as a reference. there is no difference in the punishments given, both violations committed by underage students and those committed by other communities. supporting factors for the application of the law of traffic violations committed by underage students in an application of the law against traffic violations committed by underage students, several supporting factors are needed so that the application of the law can run smoothly. the supporting factors for the application of the law must be carried out in accordance with the principles of road traffic and transportation as stated in article 2 of law number 22 year 2009 concerning road traffic and transportation, namely the principle of transparency, accountability principle, sustainability principle, participatory principle, principles of benefit, principles of efficiency and effectiveness, principles of balance, principles of integrity, and principles of independence. with the application of these principles, in article 3 of law number 22 of 2009 concerning road traffic and transportation, the objectives of road traffic and transportation are stated, namely the realization of safe, safe, orderly, smooth, and integrated road traffic and transportation services. with other modes of transportation to encourage the national economy, promote public welfare, strengthen national unity and integrity, and be able to uphold the dignity of the nation, the realization of traffic ethics and national culture and the realization of law enforcement and legal certainty for the community. barriers to application of law against traffic violations committed by underage students in general, there are no obstacles in implementing the law, in general the community has accepted and understood the application of the law to this traffic regulation, it's just that the level of awareness is still very lacking. in an effort to implement the law, traffic violations have not been implemented optimally because there are still many factors that become obstacles in its implementation, namely as follows. there are still a lot of road users who do not comply with traffic regulations and still often violate, especially underage students. inadequate facilities and infrastructure in realizing order in traffic, lack of awareness in orderly traffic activities, lack of coordination between law enforcement officers and the community so that there are still many traffic violations, implementation of police operations, especially traffic units is still lacking right on target, implementation of traffic training and education to schools is still lacking, lack of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 235 socialization in driving on the highway so that there are still many traffic violations. lack of service quality in realizing orderly and smooth road traffic and transportation, lack of vehicles to synergize the main tasks and functions of each traffic and road transportation agency, lack of supervision of policy implementation, accident handling, and reporting of traffic-related events cross and road transport countermeasures to overcome barriers to law application against traffic violations committed by underage students the efforts made by the national police to overcome obstacles in the application of the law against traffic violations can be carried out through 2 policies, namely penal policies and non-penal policies.also called penal policies arecriminal law policies, namely policies that regulate people's behavior through criminal (legal) sanctions. criminal law is almost always used to frighten or secure various criminal acts that may arise in various fields, a product of legislation will feel less than perfect if it does not have one criminal provision. the functional stage of prevention and overcoming of crime must go through several stages, namely the formulation stage (legislative policy), the application stage (judicial policy) and the execution stage (executive / administrative policy). policies for overcoming criminal acts by using non-penal means are policies to prevent the occurrence of a crime before the occurrence of a crime or violation. prevention of violations and crimes in the field of road traffic and transportation can be carried out in various ways, namely socializing the law, establishing guard posts at every major road intersection, carrying out random patrols, increasing the participation of the community, conducting special operations (raids), organizing competitions / contests, providing education and introduction to traffic from an early age and conducting traffic discipline education. 4. conclusion the legal arrangements regarding traffic violations committed by underage students contained in law number 22 of 2009 are divided into two parts, namely in the form of violations and crimes. in the form of violations, namely: violations of motorized vehicle equipment, violations of traffic and driving procedures, and violations of road functions and traffic signs (article 281 to article 313 of law number 22 of 2009). in the form of crime, namely: which results in damage and / or disruption to the function of the road, because it will cause accidents for other people as road users, this prohibition is contained in article 28 paragraph (2), this means that everyone is prohibited from destroying facilities and infrastructure. traffic and road transportation such as traffic signs, road markings, traffic signaling devices, pedestrian facilities and road user safety devices. factors supporting the application of law against traffic violations include 1) the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 236 application of the law is carried out with the participation of the community. 2) providing guidance, training, certification, and permits to underage students in traffic. 3) quality assurance of environmental functions by setting technical requirements. 4) community participation in the policy making process. 5) supervision of the implementation of traffic carried out by underage students so that there are no violations that could disturb the order and smoothness of traffic. 6) testing and issuing motorized vehicle driving licenses (sim) for school students who own motorized vehicles references barda nawawi, arief.(1998). several policy aspects of criminal law enforcement and development. bandung: pt. citra aditya bakti. barda nawawi, arief.(2005). several aspects of policy and development of criminal law, pt. citra aditya bakti, bandung. barda nawawi, arief.(2004). interest of criminal law policy, bandung; pt citra aditya. kansil,(1994). cst introduction to indonesian law and legal system, jakarta: balai pustaka, 1994 moeljatno,(1992). criminal code, jakarta: bumi aksara. mertokusumo, sudikno.( 1993). chapters on legal inventions, yogyakarta:, pt citra adityabakti. mulyadi, mahmud.(2011). criminal law politics, lecture material at the usu faculty of law. mertokusumo, sudikno.(1999). knowing the law, yogyakarta: liberty. prodjodikoro, wirjono.(2003). principles of criminal law in indonesia, bandung: refika aditama, poerwagarnminto, wj.(1989). big indonesian dictionary, jakarta: balai pustaka. poernomo, bambang.(1982). criminal law collection of scientific essay, jakarta: bina aksara. prasetyo, teguh, and halim barkatullah, abdul. (2005). criminal law politics criminalization and decriminalization policy study, yogyakarta: student library. prakoso, djoki.(1987). criminal law reform in indonesia, yogyakarta: liberty. ramadahann naning. to stimulate public awareness of law and discipline of law enforcers in traffic, surabaya: bina ilmu, 1983. soekanto, soerjono. (1989). an overview of legal sociology of social problems, bandung: citra aditya bakti. soekanto, soerjono.(1983). factors affecting law enforcement. jakarta: pt. raja grafindo persada. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 237 sunggono, bambang.(2002). legal research methods, raja grafindo persada, jakarta. waluyo, bambang.(1996). legal research in practice, sinar grafika, jakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ template jurnal ijccs ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 legal remedies of victim of online sales and buying fraud and authority to block account of criminal banks annas huda sofianuddin*1, ferry hary ardianto, sulfikar, eko budisusanto faculty of law, airlangga universty surabaya e-mail: *1annashudasofianuddin@gmail.com abstrak information technology has grown rapidly lately, especially in the internet media. there are so many positive benefits with the presence of this internet media, which is that it can simplify one's work or communication, including buying and selling which is usually done face-to-face, which is now sufficient through the internet media even though it has a positive impact, buying and selling online also has a negative impact, namely that someone can commit fraud. there have been many victims as a result of online buying and selling fraud committed by irresponsible individuals or parties so that it is hoped that this article can provide insight and knowledge to practitioners and the general public regarding what legal measures can be taken to restore their rights. this article uses a normative juridical writing method with a statutory approach and a conceptual approach. the result of this writing is that if someone feels aggrieved and is a victim of online buying and selling fraud, that person can make a police report and then can submit an application to the bank to block the account of the criminal buying and selling online. keyword : online buying, selling fund, block bank account. 1. introduction the development of information technology that is growing rapidly lately can affect the pattern of human life because with this technology, people can easily obtain information without any limitations on distance, space and time. along with the development of this information technology is not only used as a means of communicating with each other but also as a means of socializing. the development of technology called the internet has changed the community's communication pattern which was initially carried out through face-to-face but has now replaced with video calls (virtual meetings) so that this has also caused human interaction to begin to change and these changes have entered into various fields, namely : economic, social, business and cultural interactions. the presence of the internet has a positive impact, namely there is no need to be present in person in a place to interact, thereby saving costs and time. although it has a positive impact, in fact it also has a negative impact, namely being used as a means of fraud. the development of internet communication technology is considered as a new loophole for criminals to carry out their actions in committing fraud, especially in buying and selling activities or what is commonly called buying and selling online (rudianto & roesli, 2019). buying and selling online can be well accepted by the public, because buyers can easily pick and choose goods and do not need to go to the seller's location to buy goods. it only remains ijccs, vol.x, no.x, july xxxx, pp. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 to choose the desired item then the money is transferred to the seller and then the goods can be sent by the seller. this convenience is what gave birth to many sellers in indonesia. there are several types of online shopping sites, namely online shops (one seller), social networks, buying and selling forums (multiple sellers), websites, online communities, messengers and mailing lists / mailing lists. (asosiasi penyedia jasa internet indonesia, 2015). as for the promotional activity model in offering an item, we can find it on various pages, as follows: (fauzi, 2018) e-retail an online shop with its own website address (domain) where the seller has stock of products / services and sells them online. example: blibli.com, lazada.co.id, tiket.com. online advertising is a classified ad site, where the site concerned does not facilitate online transaction activities. example: kaskus, olx.co.id. market place a business model like this is a website that not only helps advertise merchandise, but also facilitates online money transactions for online merchants. example: blanja.com, tokopedia, bukalapak.com. existing online buying and selling sites make the flow of buying and selling online the goal of some buyers. the many benefits of buying and selling online have risks that cause concern for online buying and selling actors. this risk arises because transactions between sellers and buyers are carried out without going through face to face, but through the internet (cyberspace), which is often difficult to trace. therefore, the most common risks are related to security issues, fraud and dissatisfaction. (pusat data dan sarana informatika kementerian komunikasi dan informatika, 2013). it is not uncommon for fraud perpetrators to use banking facilities to store the proceeds of their crimes in certain bank accounts so that victims find it difficult to get back the money that has been transferred to the perpetrator of the fraud. the chronology of online buying and selling fraud in general is as follows: after the buyer gets the item to be purchased, the buyer contacts the seller to communicate further regarding the details of the item and the price of the item. after the buyer and seller agree on the goods and price, the seller sends the account number to the buyer as payment for the purchase of the goods. after the buyer sends a certain amount of money to the seller, it turns out that the seller has not delivered the goods. with this, it is very clear that the buyer is the victim and suffers losses as a result of the online buying and selling, so that the buyer as a party with good intentions must be protected and their rights restored. ijccs, vol.x, no.x, july xxxx, pp. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 2. research methods this type of research uses normative legal research, normative legal research is research conducted to collect and analyze secondary data. in normative legal research, usually only secondary data sources are used, namely books, diaries, laws and regulations, court decisions, legal theories and opinions of leading legal scholars (marzuki, 2005), related to the authority to block the bank account of the criminal buying and selling online . this research is a descriptive library research, which is to reveal the contents of legislation that has been systematically described (muhajir, 1998). this method aim to collect data and information with the help of various books, legal magazines, legal articles, and other documents (soekanto, 2010). the research approach is carried out so that researchers get information from various aspect to find the issues to be answered, while the approach in the research is: statute approach or a juridical approach, namely research on legal products (nasution, 2008). this statutory approach is carried out to examine all laws and regulations related to the research to be studied. this statutory approach will open up opportunities for researchers to study whether there is consistency and suitability between one law and another. conceptual approach (ibrahim, 2007), this approach is taken because there is no legal rule or rule of law for the problem approached, this conceptual approach departs from the views and doctrines developed in legal science, thus giving birth to legal notions and legal principles that are relevant to the problem under control. 3. result and discussion online fraud is in principle the same as conventional fraud, except that the difference is in the means of action, namely using electronic systems (computers, internet, telecommunication equipment). so that legally, online fraud can be treated the same as conventional offenses regulated in the criminal code (arifiyadi, 2019). pasal 378 the criminal code: “items with the intention of unlawfully benefiting themselves or others, by using a false name or false dignity, by deception or with a series of lies to motivate another person to give up something given, or to give a debt or write off a debt, is threatened because of fraud by maximum imprisonment of 4 years.” meanwhile, if charged with using law number 11 of 2008 as amended by law number 19 of 2016 concerning amendments to law number 11 of 2008 concerning electronic information and transactions, as follows: article 28 paragraph (1) ite law: ijccs, vol.x, no.x, july xxxx, pp. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 “everyone knowingly, and without right, spreads false and misleading news that results in consumer losses in electronic transactions.” regarding the criminal threat of online fraud in article 28 paragraph (1) of the ite , that is: article 45a paragraph (1) ite law : "anyone who knowingly and without right spreads false and misleading news that results in consumer losses in electronic transactions as referred to in article 28 paragraph (1) shall be sentenced to imprisonment of up to 6 (six) years and / or a maximum fine of rp. 1,000. 000,000.00 (one billion rupiah). ". with regard to proving a criminal act online, electronic evidence and / or printouts can be used as an extension of evidence as described in: article 5 ite law : electronic information and / or electronic documents and / or printouts thereof are valid legal evidence. electronic information and / or electronic documents and / or printouts thereof as reffered to in paragraph (1) constitute an extension of valid evidence in accordance with the applicable law of procedure in indonesia. electronic information and / or electronic documents shall be declared valid if using electronic system in accordance with the provisions regulated in this law. provisions regarding electronic information and / or electronic documents as intended in paragraph (1) do not apply to: a letter which according to the law must be in writing; and a letter and its documents which according to the law must be made in the form of a notary deed or a deed prepared by the deed maker official. with regard to bloking account at a bank, it can be refer to bank indonesia regulation number 2/19/pbi/2000 corcerning requirement and procedures for granting written orders or permits to open bank secrets (pbi 2/19/pbi/2000) article 12 paragraph (1) pbi 2/19/pbi/2000: “blocking and / or confiscation of deposits on behalf of a depositor who has been declared a suspect or defendant by the police, prosecutors or judges, may be carried out in accordance with the prevailing laws and regulations without requiring permission from the management of bank indonesia.” for parties or victims who have been harmed by the occurrence of this online sale and purchase, they can make a complaint or report to the police, this has been regulated in law number 8 of 1981 concerning the criminal procedure code, as follows: article 1 paragraph (24) the criminal procedure code: "a report is a notification given by a person due to a right or obligation based on law to the competent authority regarding whether a criminal event has occurred or is currently or is suspected of occurring." article 108 paragraph (1) the criminal procedure code: ijccs, vol.x, no.x, july xxxx, pp. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 "every person who experiences, sees, witnesses and or is a victim of an incident which constitutes a criminal act has the right to submit a report or complaint to the investigator and / or the investigator, both orally and in writing." 4. conclusion basically, every person who becomes a victim and suffers loss as a result of a criminal act can report to the police both orally and in writing. regarding the criminal act of buying and selling fraud carried out conventionally has the same thing as the criminal act of buying and selling fraud online in accordance with article 378 the criminal code it's just that the criminal act of buying and selling fraud online is regulated in article 28 paragraph (1) ite law done by eletronic means or the internet. regarding the criminal threat of criminal acts, online buying and selling is regulated in article 45a paragraph (1) of the ite law with a maximum imprisonment of 6 (six) years and / or a maximum fine of rp. 1,000,000,000.00 (one billion rupiah). higher when compared to the criminal act of fraud in article 378 of the criminal code with a maximum imprisonment of 4 (four) years. regarding the mechanism of blocking an account, blocking deposits at a bank can be done only if the depositing customer has committed a criminal act and has been declared a suspect or defendant, whereas in practice it is not uncommon for banks to apply their own rules regarding the account blocking mechanism in the account opening form that has been signed by the customer. so that if the victim of online buying and selling fraud wants to block the perpetrator's account, the victim can report the perpetrator to the police and then based on the police report certificate, the victim can apply for blocking the perpetrator's account to the bank or the victim can also ask the police to apply for a block. the perpetrator's bank account. references arifiyadi, t. (2019). cara penyidik melacak pelaku penipuan dalam jual beli online. asosiasi penyedia jasa internet indonesia. (2015). profil pengguna internet indonesia 2014. asosiasi penyedia jasa internet indonesia. fauzi, s. n. and l. p. (2018). tindak pidana penipuan dalam transaksi di situ jual beli online (e-commerce). recidive, 7(3), 251. ibrahim, j. (2007). teori & metodologi penelitian hukum normatif. bayumedia publishing. marzuki, p. m. (2005). penelitian hukum. kencana. ijccs, vol.x, no.x, july xxxx, pp. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 muhajir, n. (1998). metode penelitian kualitatif. rake sarasin. nasution, b. j. (2008). metode penelitian ilmu hukum. mandar maju. pusat data dan sarana informatika kementerian komunikasi dan informatika. (2013). laporan potret belanja online di indonesia. pusat data dan sarana informatika kementerian komunikasi dan informatika. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. soekanto, s. and s. m. (2010). metode penelitian hukum. rajawali press. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 155 the concept of state defense in the millennial era and in the midst of the pandemic covid -19 according to the foundation of state defense in article 27 paragraph (3) and article 30 paragraph (1) of uud 1945 (by ppwk activities national insight education center) ragil ira mayasari faculty of law, mayjen sungkono university, mojokerto e-mail : maiaiga38@gmail.com abstract based on article 27 paragraph (3) and article 30 paragraph (1) of uud 1945 in increasing the sense of state defense, bakesbangpol mojokerto city plays an active role among high school students in mojokerto city with the ppwk activity "education center with national insights"the method used in this research is using the juridical empirical method. what is meant by juridical empirical is that in analyzing problems, it is done by combining legal materials (which are secondary data) and primary data obtained from the field. as a scientific activity, this research is not based on reviewing only one discipline, but is based on the perspective of the relevant educational disciplines. however, although the research carried out uses the perspective of educational disciplines, it is still a legal research where in this study the perspective of the discipline of law is only used as a tool in its implementation. with the research conducted for ± 10 months, namely in februarynovember, significant results were obtained where the data was obtained from the comparison of the average student answers through the pre-test and post-test. so it can be concluded, that with the ppwk activity "national insights education center" carried out in high schools in mojokerto city, it can help realize the concept of state defense in the millennial era and in the midst of the covid 19 pandemic according to the foundation of state defense in article 27 paragraph (3) and article 30 paragraph (1) of uud 1945. keywords: legal basis,state defense 1. introduction the legal basis for implementing state defense is contained in the body of uud 1945. basically, the love of the fatherland and being willing to sacrifice for the sake of the nation and the state are attitudes that must be possessed by every citizen. likewise with indonesian citizens, where placing unity and integrity above personal and group interests is an absolute obligation that must be carried out. this is stated in article 27 paragraph (3) which reads "every citizen has the right and obligation to participate in efforts to defend the state" and article 30 paragraph (1) mandates that "every citizen has the right and obligation to participate in defense efforts and state security ”. love and an attitude of self-sacrifice for the state and nation itself have an important role in dealing with various conditions that occur within the country, namely in the form of tcod (threats, challenges, obstacles and disturbances) both from within and from outside. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:maiaiga38@gmail.com yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 156 when covid-19 pandemic, all indonesian people remain and must always instill the character and spirit of defending the nation. the students in indonesia are no exception, where during the covid-19 pandemic that occurred in indonesia and also hit almost all corners of the world, of course it had a big impact on various sectors of government, both in the economic, political, social, cultural and sectors. education. with the enactment of the local lockdown, it requires the government to take firm steps towards the world of education in indonesia. especially with the number of positive cases that are increasing day by day, the government is also implementing physical distancing to avoid viruses through physical contact. national movements that are usually carried out at the school level, such as flag ceremonies every monday, extra-curricular activities and other activities aimed at increasing the attitude of state defense for students are reduced and it is feared that they will reduce the spirit of state defense. students in indonesia. where in accordance with the regulations of the minister of education and culture (mendikbud) nadiem makarim, who has established a learning policy to be a distance learning system since march 2020, where teaching and learning activities are carried out online or online from their respective homes. this is considering the high number of indonesians exposed to the covid-19 virus. the regulation of the minister of education and culture also makes the regional government to take a firm stance on the possibility of new covid-19 clusters in the education sphere, so that in mayor regulation number 47 of 2020, third part of article 15 paragraph 4, during the covid pandemic -19 implemented through online learning / online. in the implementation of online / online learning, of course, it has many difficulties in its implementation and creates new problems, including students who do not have the necessary facilities, such as android-based cellphones, difficulty in internet networks in remote areas, limitations in understanding and using technology, and things that might happen and are very dangerous, namely the decreased personal resilience of students in carrying out learning activities carried out online. with the decline in personal resilience experienced by these students will have a major impact on national defense in the education sector.1 2. research methods the method used in this research is using the juridical empirical method. what is meant by juridical empirical is that in analyzing problems, it is done by combining legal materials (which are secondary data) and primary data obtained from the field.2 the data taken, which came from respondents from the implementation of the ppwk activity "education center for national insights" in 2020 organized by the national unity and political body of mojokerto city. 1wahab, r. (2020). tantangan dan kesempatan pendidikan era covid-19. https://arbaswedan.id/tantangandan-kesempatan-pendidikan-era-covid-19/ 237 abdulkadir muhammad, “ hukum dan penelitian hukum” , citra aditya bakti, bandung, 2004, hlm 134 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 157 as a scientific activity, this research is not based on reviewing only one discipline, but is based on the perspective of the relevant educational disciplines. however, although the research carried out uses the perspective of educational disciplines, it is still a legal research where in this study the perspective of the discipline of law is only used as a tool in its implementation. 2. finding and discussion the online learning system certainly affects the time used in teaching and learning activities, where the time used is shorter and not the same as when learning in class. attendance, lack of personal touch, and lack of interaction due to connectivity issues were found to be significant drawbacks of online learning.3 based on the basic principles that form the basis for state defense as stated in article 27 paragraph (3) and article 30 of the 1945 constitution which are applied, the ppwk program which is implemented by bakesbangpol kota mojokerto refers to the kemhan icon (ministry of defense), namely: the realization of a state defense awareness development system involving ministries / agencies, regional governments and other national components, by: a) goals increasing synergy between ministries / institutions, regional governments and other national components in fostering awareness of state defense. b) strategy 1. increasing cooperation and partnerships between ministries / institutions, regional governments and other national components in the implementation of awareness building for state defense. 2. improved coordination between ministries / agencies, regional governments and other national components in fostering awareness of state defensethe existence of an daring/online learning system, affects the time spent learning. the time used is shorter and is not the same as when studying in class. attendance, lack of personal touch, and lack of interaction due to connectivity issues were found to be significant drawbacks of online learning.4 the rise of juvenile delinquency is also an indication of the weakening sense of state defense among young people. this problem was felt by our educators during the covid-19 pandemic, namely the difficulty in teaching ethics, norms and morals to students. this is because there are difficulties in meeting face to face. with the problems that occur, it makes a separate concern for the future, where ethical discipline and having moral based on pancasila are provisions 3arora, a. k., & srinivasan, r. (2020). impact of pandemic covid-19 on the teaching –learning process: a study of higher education teachers. prabadhan: indian journal of management, 13(4) 4.kemhan.go.id http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 158 for students to instill a sense of love for the country. this is also stated in the preamble of the 1945 constitution which explains that one of the goals of national development is to educate the nation, so that quality, responsible, advanced and independent human resources can be created in accordance with the order of community life based on pancasila. the concept of state defense in the millennial era and in the midst of the covid 19 pandemic should indeed not come out and refer to the foundation for state defense in article 27 paragraph (3) and article 30 paragraph (1) of the 1945 constitution, where moral education or ethical values should be focused on moral thinking and moral action. the conception of morality itself needs to be integrated with the experience in the life of a student which is found in the basic elements of state defense which have cognitive and affective components that are indispensable in moral development. the cognitive aspect allows a person to make appropriate moral choices, while the affective aspect sharpens the sensitivity of the conscience, which provides an impetus for moral action. there are 10 aspects of moral degradation that afflict a country which are signs of the destruction of a nation. these ten signs (1) increased violence in adolescents, (2) worsening use of words, (3) the influence of strong peer groups in acts of violence, (4) increased use of drugs, alcohol and free sex, ( 5) blurred moral boundaries of good and bad, (6) decreased work ethic, (7) low respect for parents and teachers, (8) low sense of individual and citizen responsibility, (9) a culture of dishonesty, (10) mutual suspicion and hatred among each other.5 bakesbangpol "national unity and political organization" mojokerto city which is located on jl. benteng pancasila no.21b, mergelo, balongsari, kec. magersari, mojokerto city, east java has a superior program in cultivating and maintaining the love of the homeland in the ethics and morals of students based on pancasila. the activity is called ppwk "national insight education center", where the program refers to the mayor's decree number: 188.45 / 102 / 417.111 / 2020 which reads: a. that in order to carry out the order of article 11 of the minister of home affairs regulation number 71 of 2012 concerning guidelines for national insights education, it is necessary to establish a national education center in mojokerto city. b. that based on the considerations referred to in letter a, it is necessary to stipulate a mojokerto mayor's decree regarding the "education center for national insights" ppwk for mojokerto city for the 2020-2023 period6 the shs targets were the focus of the team in implementing ppwk "education center for national insights", namely all shs in mojokerto, including: 5sutawi, mp, 2010, restorasi keberadaan bangsa melalui pendidikan karakter, malang : malang post 6keputusan walikota mojokerto, 2020, pusat pendidikan wawasan kebangsaan kota mojokerto periode tahun 2020-2023 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 159 table 1. list of schools’s target numb target school address 1 public senior high school 1 mojokerto jl.jawa 2 public senior high school2 mojokerto jl. raya ijen 3 public senior high school3 mojokerto jl. pemuda no.33 4 public high school major1 mojokerto jl. kedungsari 5 public high school major2 mojokerto jl. raya pulorejo 6 senior high school muhammadiyah mojokerto jl. sinoman 7 high school majortaman siswa mojokerto jl. taman siswa no. 30 8 high school major taman siswa mojokerto jl. panderman wates 9 madrasah aliyah negeri (man) 1 mojokerto jl. cinde 10 high school major raden patah mojokerto jl. mayjen sungkono no 78 in its implementation, the ppwk program "education center for national insights" in 2020 starts for 10 months, namely in february-november. with the target of senior high schools (shs) in the city of mojokerto. for the time of delivering the material itself, it is carried out during the monday ceremony activities and is added to the scout extracurricular activities. this ppwk activity also involved speakers from several mojokerto city government agencies, including: table 2. names of speakers and institutions of the 2020 mojokerto city national insights education working group working group team numb institution name name position 1 secretary of the city of mojokerto harlistyati, s.h., m.si chairman 2 head of the national unity and political organization of mojokerto city anang fahruroji, s.sos., m.si vice chairman 3 head of the department of ideology and national insight at the national unity and political organization of mojokerto city masruroh agustin, s.t, m.t secretary 4 head of the mojokerto city development planning agency agung moelyono, s.h., m.h member 5 the territorial section officer of the 062 military resort command / citra panca yudha jaya mojokerto komang dharma laksamana member 6 head of the mojokerto city police community development unit iptu anang leo afera, s.h member 7 head of mojokerto city education office amin wachid, s.sos., m.si member 8 general secretary of the indonesian ulema council, mojokerto city drs. moch dahlan, m.m member 9 deputy dean ii, faculty of law / national resilience& security lecturer, major general sungkono mojokerto university's pancasila & citizenship lecturer ragil ira mayasari, s.pd., m.sc member 10 1 (one) executive board of the educational institution of the indonesian teachers association in dra. enny rahmawati, m.s member http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 160 mojokerto city 11 secretary of the indonesian teachers association in mojokerto drs. j. teguh pribadi, m.pd member 12 deputy chairman of the mojokerto city education council ir. drs. h. soelistyo pribadi, m.m member 13 secretary general of the student council of tarbiyah science high school raden wijaya mojokerto muhammad lutfi hermansyah member 14 head of sub division of national insight at the national unity and political organization of mojokerto city ery emy budi soelityo, s.h member 15 head of sub division of ideology at the national unity and political organization of mojokerto city maria lucia ansartin, s.sos member 16 head of the subag of finance at the mojokerto city political and national unity agency sa’adiah nur’aini, s.e., m.m member 17 1 (one) data processor in the field of ideology and national insight at the national unity and political organization of mojokerto city eni pujiastuti member the presenters come from several background concentrations in accordance with the materials that have been prepared and will be used by bakesbangpol in the implementation of the ppwk program "education center with national insights" picture 1. the team of ppwk program "education center for national insights" in 2020 implementation the main objective in implementing ppwk activities "education center for national insights" at the shs level in mojokerto city, namely as a manifestation of the implementation of the basic principles of state defense as stipulated in article 27 paragraph (3) and article 30 paragraph (1). in this ppwk activity, there are several criteria, including national insight, which is an insight into the archipelago which is nothing but a guideline for the national development process towards national goals. meanwhile, national resilience is a condition that must be realized so that the process of achieving these national goals can run successfully. in summary, it can be http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 161 said that the insight of nationality and national resilience are two basic conceptions that support each other as guidelines for the conduct of the life of the nation and state in order to remain victorious and develop continuously. there are score assessment criteria in measuring someone's national insight, namely: source: table 3. score criteria for national insights numb score score criteria 1 0% 20% very bad 2 21% 40% bad 3 41% 60% good enough 4 61% 80% good 5 81% 100% very good source: ridwan (2013:89) 7 so that with the score criteria it will make it easier to assess the level of national resilience of a person in their own personal resilience. a) implementation of activities before the covid-19 pandemic in its implementation, namely in early february students are given several questions or what we usually call the pre test to find out the ability or initial knowledge of students regarding the national insight before participating in the ppwk activity "education center for national insights". after doing the pre test, the following data are obtained: picture 2. pre test result data 7riduwan, 2013. belajar mudah penelitian untuk guru-karyawan dan penelitian pemula. bandung: alfabeta shs a shs b shs c shs d shs e shs f shs g shs h shs i shs j understand of nationality 45% 56% 50% 54% 47% 30% 58% 42% 53% 60% a sense of nationality 50% 54% 52% 60% 61% 35% 62% 50% 55% 58% spirit of nationality 65% 50% 60% 62% 54% 45% 58% 51% 60% 85% average 53% 53% 54% 59% 54% 37% 59% 48% 56% 68% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% pre test result data http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 162 from picture 2 it can be concluded that there is a lack of understanding and a lack of national feeling and enthusiasm. the data is obtained from the highest percentage of answers, namely 58% (good enough) on the indicator of national understanding, 62% (good) on the indicator of a sense of nationality and national spirit. after getting the data through the pre test, the ppwk team began to refine the materials that would be given to students according to the needs and knowledge required from the lowest score obtained based on table 3.3. after perfecting the materials, the presenters began to provide material according to the concentration of each speaker with an implementation schedule that had been coordinated and determined by the respective schools. implementation of activities during the covid-19 pandemic in the implementation of the "national insights education center" in the 2nd month, namely march, the team experienced problems in delivering material due to the covid-19 pandemic, where the distance learning system policy began to be implemented in march 2020. besides that, the impact felt in the future the covid-19 pandemic has made many parties feel difficult in their activities, especially students with distance learning policies are applied. so that students are also required to maintain a sense of nationality, enthusiasm and personal resilience in studying. with the personal resilience possessed by students, it will become a basis for national insight, so that national resilience will be created in the education sector. so that the ppwk team itself has multiple tasks during the covid-19 era, namely "how to grow and maintain the love of the country in the ethics and morals of students based on pancasila during the covid-19 pandemic". so that the team carries out ppwk activities by delivering material using the online method and it is still carried out every week with an allocation of time that has been determined by each school. after several meetings and the delivery of material according to their respective fields of study, the ppwk team also conducted a post test to find out the progress of students after receiving the material given. thus, the following data are obtained: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 163 picture 3. post test result data from picture 2 it can be concluded that there has been an increase in understanding, feeling and national spirit. the data is obtained from the percentage of "very good" answers on the indicator of national understanding of 92% and "very good" on the indicator of a sense of nationality of 90% achieved by shs j, while the indicator of national spirit is achieved by shs a and shs b. in addition, there is a positive relationship between national insight and personal resilience of students at shs a, shs b, shs c, shs d, shs e, shs f, shs g, shs h, shs i, and shs j with the strength of the relationship between variables, where resistance is individuals are not only cultivated by the pancasila moral which is the basis for national insight, but there is a need for other factors, namely the existence of operational guidelines for teachers, schools and national education curriculum developers to integrate the values of national insight.the following is a comparison of students' answers through the pre and post tests that were carried out: shs a shs b shs c shs d shs e shs f shs g shs h shs i shs j understand of nationality 80% 87% 85% 87% 90% 83% 90% 88% 90% 92% a sense of nationality 80% 84% 87% 88% 88% 82% 85% 78% 82% 90% spirit of nationality 90% 90% 88% 85% 90% 87% 85% 88% 87% 85% average 83% 87% 87% 87% 89% 84% 87% 85% 86% 89% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% post test result data http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 164 picture 4. pre-test and post-test average value from picture 4, it can be seen that a significant increase in the personal resilience of high school students in mojokerto city.with an increase in the sense of state defense for the younger generation, it will reduce the level of delinquency and crime rates among adolescents and in the internalization of education with a national perspective, there is a need for educational facilities that support the development of the national character of students and there is a need for exemplary parents and teachers and increased cooperation with related institutions in order to instill awareness of the importance of national insight for the nation's future generations. as is the case with the ppwk program "center for national insights education" which is centered on developing the national character of students. 4. conclusion with the ppwk activity "education center for national insights" which was carried out in sma in mojokerto in ± 10 months, namely in february-november, significant results were obtained where the data was obtained from a comparison of the average student answers through the pre and post test. test performed. so it can be concluded, that the ppwk activity "national insights education center" which was carried out in high schools in mojokerto city could help realize the concept of state defense in the millennial era and in the midst of the covid 19 pandemic according to the foundation of state defense in article 27 paragraph (3) and article 30 paragraph (1) of the 1945 constitution. where the main purpose of this ppwk activity itself has indicators that must be achieved, including students' understanding of nationalism, a sense of nationality and national spirit can be maximally enhanced during the activity. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 165 the advantages of this ppwk activity are that the related schools can be helped in increasing the personal resilience of students in learning activities during the pandemic-covid 19, so that students remain excited about studying despite the various constraints and limitations that exist. the shortcomings of the ppwk activity "national insight education center" in 2020, namely with limitations in face to face face to face so that the interactions and field activities that the team has prepared to maximize the theory rather than the material presented have been delayed and have not received an improvement evaluation. for implementation in the following year. our hopes for the future are related to the development of the ppwk program "education center for national insights" with different targets and with further refinement of materials and methods of implementation as well as possible. and can be a refinement in further research. references abdulkadir muhamad, (2004). hukum dan penelitian hukum, citra aditya bakti, bandung. arora, a. k., & srinivasan, r. (2020). impact of pandemic covid-19 on the teaching –learning process: a study of higher education teachers. prabadhan: indian journal of management, 13(4). https://doi.org/10.17010/pijom/2020/v13i4/151825 keputusan walikota mojokerto, (2020). pusat pendidikan wawasan kebangsaan kota mojokerto periode tahun 2020-2023 “pertanyaan dan jawaban terkait coronavirus disease, (2019). (covid-19)” (http://stoppneumonia.id/wpcontent/uploads/2020/03/qna_coronavirus_updated_06032020.p df, diakses pada 06 maret 2020)riduwan,2013. belajar mudah penelitian untuk gurukaryawan dan penelitian pemula. bandung: alfabeta riduwan, (2013). belajar mudah penelitian untuk guru-karyawan dan penelitian pemula. bandung: alfabeta sutawi, mp, (2010), restoasi keberadaan bangsa melalui pendidikan karakter, (edisi 20), malang, malang post. undang-undang dasar negara republik indonesia 1945, batang tubuh. wahab, r. (2020). tantangan dan kesempatan pendidikan era covid-19. https://arbaswedan.id/tantangan-dan-kesempatan-pendidikan-era-covid-19/\ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://doi.org/10.17010/pijom/2020/v13i4/151825 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 49 notary criminal responsibility in terms of notary workers doing criminal following letters oktadevi nurfildzah, moh. saleh faculty of law, narotama universty surabaya e-mail: oktadvnf12@gmail.com/saleh.nwa@gmail.com abstract writing this journal aims to analyze and examine how accountability notary in the case of workers committed the crime of forgery. in article 1, paragraph 1 of law notary mention that notary public officials authorized to make authentic act and have more authority as referred to this act or under another act. notary otherwise authorized by the attribution of the state through law notary. that is, authority attached to office of notary. carrying out his duties as well as the notary public in general assisted by notary workers. in terms of preparing everything what is needed in the manufacture of an authentic deed. one of the documents tobe prepared by notary public workers is letter. notary workers only be assistance in carrying out his job. responsibility for authentic act remains the responsibility of notary. if the workers notary committed the crime of forgery that resulted his disability certificate is authentic, then it possible the notary must responsible. forgery that can occur because the fake letter, fake powers and authority of the contents of the letter. forms criminal liability notary notary worker if proof acriminal act of forgery is acriminal participation in the crime of forgery contained in article 55 juncto article 263 paragraph 1 and (2) penal code or article 264 or article 266 of the criminal code, and article 56 paragraph 1 and article 263 paragraph 1,2 penal code or article 264 or 266 of the criminal code. because notary considered negligent in carrying out his duties as well. key words: criminal liability, notaries, notary public workers, forgery letter 1. introduction the notary public official authorized to make an authentic deed can be held liable for his actions in relation to his work in making the deed. the scope of the responsibility of the notary includes the material truth of the deed he made. notaries who are public officials, based on the law are appointed by the government, and the government as a state organ appoints a notary not only for the benefit of the notary, but also for the benefit of the wider community. the services provided by a notary to the public are closely related to the issue of trust (trust) of a large notary, therefore it can be said that giving trust to a notary means that the notary inevitably bears responsibility for it. this responsibility can be either legal or moral. notary is a combination of theory and practice in an ideal level between theory and practice in line or sometimes not in line with each other. it means that not always the theory supports practice, a notary must be built not only taken and developed by or from existing legal science, but the notary must can develop their own theories to support the implementation of the duties of a notary public office and the experience available during carrying out the office of a notary public. notaries in carrying out services in the field of services cannot work alone. a notary yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 50 official generally has at least 2 (two) workers. because usually in making a deed, a notary requires 2 (two) witnesses mentioned at the end of the deed. the involvement of the notary office workers includes: making the deed technically means preparing the deeds that have been drafted by the notary, then tidying up the deed files, communicating with parties or clients, or as in the provisions of article 16 of law number 2 of 2014 concerning position the notary in helping the notary to do his work is as follows: make a list of deeds (reportorium). making the bundle of minuta deed becomes one bundle. making a book listing waarmerking, list of legalization, and a list of other letters required by law. make a protest list book. noting in the botherorium the date of sending a list of wills every month. making book lists for clappers, legalization and waarmerking. not infrequently usually in carrying out his work, to speed up administration and administration, notary workers do ways that violate the law, for example, falsification of letters or documents, both in terms of content and others such as falsification of signatures, and so forth. this does not rule out the possibility of being able to drag notary as an employer, in an issue. therefore in the formulation of the problem of this journal is how the criminal liability of a notary in the case of a notary worker committing a falsification of a letter. 2. discussion in this journal the author will examine how the responsibility of a notary public if a notary worker commits a falsification of a letter. in sub the first discussion, the researcher will divide into three parts of the discussion namely the first is forgery related to the contents of the letter, the second is related to the authority and the content of the authority and the third is related to the form of the letter. notary criminal liability in the case of a notary worker committing falsification of letters the general public only understands that the notary is what makes an authentic deed. they do not understand that the information contained in the authentic deed is their own information as the parties in accordance with what they want in making an agreement. the notary as the official in charge of making the deed who understands the law of the agreement, when the reading of the deed must be done, it is best to explain the position or capacity of each with all the consequences, especially concerning rights and obligations and the consequences that arise in the future, without giving rise to the impression that if the notary has a particular interest, because it is not uncommon now to make a deed before a notary, there are certain parties who direct to make a deed before a yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 51 notary that has been prepared, so that a client feels uncertain about his notion that the prepared notary might defend the interests of certain parties by abusing the situation in making the deed and even more dangerous if the notary is misused by his client. notary is not a person who makes a deed or a person who has a job to make a deed, but a notary in carrying out his position is based on or equipped with a variety of legal knowledge and other sciences that must be mastered in an integrated manner by a notary and the deed made before or by a notary has a position as evidence, thus the notary must have good intellectual capital in carrying out the duties of his position. an examination of a notary is inadequate if carried out by those who have not yet studied the world of notaries, meaning that those who will examine the notary public must be able to prove the wrongdoing of the notary properly according to the law of notary position and not to use power and interests for certain parties. falsification of the contents of the letter that often occurs by notary workers, for example in the case of signing of letters that should have been signed by a more authorized person. it is also possible for a notary worker to make a fake letter against a letter that should have been made by another agency authorized for that. where the letter is as a complementary condition in making an authentic deed. in the decision number 535 / pid.b / 2013 / pn.pdg, the falsification of the letter made by a notary worker is the falsification of the power of attorney. in the power of attorney made by the defendant who is also a notary worker, there is a falsification of the signature by the notary worker. making fake letters can also occur if there is an incorrect signature. this can happen in terms of for example making by imitating the signature of someone who has no one, such as someone who has died. it can also be interpreted that an incorrect signature is by imitating the signatures of others whether they agree or not.1 in the book of falsified crime a letter written by adami chazawi stated that there was an arrest hr (14-4-1913) stating that "whoever under an article affixes the signature of another person even if at the instruction and agreement of the person has falsified the writing ".2 notary is not a person who makes a deed or a person who has a job to make a deed, but a notary in carrying out his position is based on or equipped with a variety of legal knowledge and other sciences that must be mastered in an integrated manner by a notary and the deed made before or by a notary has a position as evidence, thus the notary must have good intellectual capital in carrying out the duties of his position. an examination of a notary is inadequate if carried out by those who have not yet studied the world of notaries, meaning that those who will examine the notary must be able to prove the wrongdoing of the notary properly 1 adami chazawi, kejahatan mengenai pemalsuan, (jakarta : rajagrafindo persada, 2005), hlm. 100. 2 ibid., hlm. 101. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 52 according to the law of the notary position and not only use power and interests for certain parties. as the author has explained in the literature review chapter that the nature of the authority given by a notary to employees is assisting, so the notary must be thorough and always check the letters which later as the basis for making an authentic deed. so the notary worker only helps to complete the documents needed in making the deed to be made. for example, a deed of purchase will be made for a land and building object in the area of a notary public office. so what must be prepared in relation to the object by the notary worker is the original objet's land certificate, the land and building tax of the object as well as proof of income tax payment for the transfer of land and or building (pph) or what is commonly referred to as seller's tax and rights acquisition fees on land and buildings or what is commonly referred to as bphtb. falsification of the contents of the letter that often occurs by notary workers, for example in the case of signing of letters that should have been signed by a more authorized person. it is also possible for a notary worker to make a fake letter against a letter that should have been made by another agency authorized for that. where the letter is as a complementary condition in making an authentic deed. in general explanation of law number 30 year 2004 in conjunction with law number 2 year 2014 concerning the position of notary, it is stated that authentic deed contains essentially formal truth in accordance with what the parties have notified the notary. however, the notary has the obligation to include that what is contained in the notarial deed is truly understood and in accordance with the wishes of the parties, namely by reading it so that it becomes clear the contents of the notary deed.3 this means that even though the notary's responsibility is limited to the formal responsibility for the deed he made, the notary in making an authentic deed must be careful in expressing the wishes of the parties into the contents of the deed he made. in the case of a notary worker committing the falsification of a letter against a deed to be made by a notary, the notary must be careful and pay close attention to all letters used as material in making authentic deeds. because if negligent and falsified criminal acts are proven by a notary worker, it is possible for the notary to be responsible for what is done by the workers. counterfeiting related to authorization and content of authority there is almost no notary in carrying out his duties and positions, he works alone. in general, notaries are assisted by notary workers. both in terms of internal office and external office. in the case of an internal office, the intention is that the notary worker assists the notary in 3 penjelasan umum undang-undang nomor 30 tahun 2004 juncto undang undang nomor 2 tahun 2014 tentang jabatan notaris. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 53 administering the notarial deeds, preparing the deed documents to be made, recording the deed in the deed register book and so forth. whereas in the external office, for example, arrangements are related to other agencies, for example the office of the national land agency (bpn), the tax office, the regional revenue service (dispenda), the licensing office, and so forth. the notary takes responsibility for every work given by the client to him. every job will always be accompanied by things that are its responsibility. the responsibility according to the indonesian dictionary is human awareness of their intentional or unintentional behavior or actions.4 responsibility also means acting as an expression of awareness of its obligations. responsibility can also be interpreted by acting appropriately without needing to be warned. whereas responsibility is an independent attitude and sensitivity towards others. it can also be interpreted that responsibility is an awareness that exists in a person that every action will affect other people or on himself. hans kelsen divides responsibility into 4 (four) types, that is:5 accountability of an individual, that is, an individual is responsible for the violations he committed himself. collective responsibility means that an individual is responsible for an offense committed by another person. liability is based on mistakes which means that an individual is responsible for an offense that was committed intentionally and is expected with the aim of causing harm. absolute liability which means that an individual is responsible for violations he committed because of accidental and unexpected. this concept of liability if associated with the position of a notary, then the notary can be held accountable for his mistakes and omissions in carrying out his duties and positions. the notary is not responsible for the contents of the deed made before him, but the notary is only responsible for the formal form of the authentic deed as stipulated by the law. unless in making the authentic deed, there is an element of falsification of the letter in it which is done by a notary or notary worker. regarding the authority and content of the authority, as the researcher has explained, it is not certain that the person facing the notary office who is a legal subject has the authority to take legal action in the deed that will be made by the notary. likewise with regard to taking care of and addressing the officials of the relevant agencies, not necessarily also the notary worker authorized 4 pusat bahasa departemen pendidikan nasional republik indonesia. kamus besar bahasa indonesia. 5 hans kelsen, terjemahan raisul mutaqien, teori hukum murni, (bandung: nuansa & nusamedia, 2006), hlm. 140. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 54 to appear. what often happens in the case of falsification of the letter of authority and the contents of the authority is the falsification of the power of attorney. notary workers who make fake power of attorney to obtain authority to face officials in connection with helping to arrange in related agencies, is one form of counterfeiting of authority and contents of authority. also notary workers can make fake letters that result in someone obtaining the authority to appear before the competent authority. forms of notary criminal liability in the case of a notary worker committing a letter falsification crime criminal responsibility, in foreign terms, is also called criminal responsibility which leads to the criminal punishment of the offender with a view to determining whether a suspect or defendant is responsible for a criminal offense or not. criminal acts refer to prohibited acts. the basis for a criminal act is the principle of legality, the principle that determines that an action is prohibited and is threatened by criminal whoever commits it. accountability contains the principle of error (the principle of culpability), which is based on a monodualistic balance that the principle of error based on the value of justice must be aligned in pairs with the principle of legality based on the value of certainty. although the concept is based on the principle that criminal liability is based on mistakes, in some cases it does not rule out the possibility of vicarious liability and strict liability. the problem of error (error) both error about the situation (error facti) and error regarding the law in accordance with the concept of forgiving reasons so that the perpetrators are not convicted unless the error is worthy of blame.6 in the case of the notary as the employer has the responsibility to the notary worker who helped him. in carrying out their duties and positions, the notary is always assisted by his workers, both in preparing the documents relating to the deed that will be made by the notary. that is, the notary is fully responsible for what the notary worker does. the notary criminal liability if the notary worker is proven to have committed the crime of falsification of the letter is a notary public can be entangled in the criminal act. because notaries are supposed to understand and know what the notary worker does. if the notary does not know what the employee is doing, it can be said that the notary as the employer has committed negligence (culpa) in carrying out their duties and positions. negligence (culpa) lies between intentional and accidental, however culpa is considered lighter than intentionally, therefore culik offense, culpa is an apparent offense (quasideliet) so that criminal deduction is held. culik offense contains two kinds, namely negligence offense that 6 nawawi arief barda. masalah penegakan hukum dan kebijakan penanggulangan kejahatan, (bandung: citra aditya bakti, 2001), hlm. 23. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 55 causes an effect and which does not cause an effect, but which is threatened with crime is the act of carelessness itself, the difference between the two is very easy to understand namely negligence that results from the occurrence of that effect then creates offense negligence, for those who do not need to cause consequences with negligence itself has been threatened with crime.7 the scope of the responsibility of the notary includes the material truth of the deed he made. the notary is not responsible for the invalidity of the contents of the deed made before him based on the statements of the parties. the notary is responsible for the formal form of the authentic deed as required by the law. however, the notary may not be negligent and must be careful in pouring all formal evidence into the deed. the notary, with his legal knowledge and intellect as an official, must be clever in analyzing logically and critically on the letter or formal evidence submitted to the notary by the parties. especially in preparing the notary agreement file assisted by the workers, who are scientifically and intellectually under the notary, the notary as the employer must be careful and careful of what is done by the workers. in the example of decision number 535 / pid.b / 2013 / pn.pdg. the power of attorney forged by his notary worker, is a power of attorney containing the certificate and its retrieval with the transfer of right registration process for a parcel of land. the next element is to intend to use the letter as if it were authentic and not forged. this can happen if after the falsification of the letter, the letter is used to deceive others about the truth of the letter. for example in decision number 535 / pid.b / 2013 / pn.pdg. the power of attorney is used for the transfer of land rights in the land office, so that where the letter is used, it is as if the signature of the notary worker in accordance with the truth is proven legally and convincingly. the last element is causing harm. the losses referred to in this element are not only material losses, but also moral losses in the form of losses in the field of society as well as losses of decency, honor and so forth. while the loss does not need to be really there, it is enough if only then there is a possibility that there will be a loss. the notary liability aspect arises because of negligence (culpa) which results in an error (schuld) made by a notary worker in carrying out a position assignment and the error causes harm to others who request the services of a notary (client) service. so that the act against the law (wederrechtelijk) for the negligence of the notary can be held accountable from the point of view of civil, administrative and from the point of view of criminal law even though the law does not regulate criminal sanctions. the falsification of a letter which is often done by a notary worker and is often disputed by the parties or other parties as a party participating in committing or assisting in committing a 7 ibid, hlm. 48. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 56 criminal offense, namely making or giving false information into a notarial deed. according to habib adjie, the qualification is related to aspects such as:8 certainty of day, date and time the parties facing the notary public signature of the parties the copy of the deed does not match the minutes of the deed a copy of the deed exists without making a deed of minutes minutes of deed are not signed in full, but a copy of the deed is issued. notary workers often falsify these aspects, and notaries generally consider this to be an ordinary administrative violation. however, if investigated more deeply, what is done by a notary worker can be qualified to be a criminal offense. according to habib adjie, in criminal cases often notaries are ensnared by the articles in the criminal code as follows:9 making fake / forged letters and using fake / forged letters (article 263 paragraph (1) and (2) of the criminal code). falsifying an authentic deed (article 264 of the criminal code) asking to include false information in an authentic deed (article 266 of the criminal code). conduct, order to do, participate in doing (article 55 jo. article 263 paragraph (1) and (2) of the criminal code or article 264 or article 266 of the criminal code). help make fake / or falsified letters and use fake / falsified letters (article 56 paragraphs (1) and (2) jo. article 263 paragraphs (1) and (2) of the criminal code or article 264 or article 266 of the criminal code). if a notary worker commits the falsification of a letter, the notary can be charged under article 55 jo. article 263 paragraph (1) and (2) of the criminal code or article 264 or article 266 of the criminal code, and article 56 paragraphs (1) and (2) jo. article 263 paragraph (1) and (2) of the criminal code or article 264 or article 266 of the criminal code. article 55 and article 56 number (1) and number (2) of the criminal code which formulates the inclusion in a criminal offense can be applied to a notary public if a notary worker commits a criminal offense. inclusion in a crime exists if in one crime several or more people are involved. the relationship:10 some people commit come together. 8 habib adjie, buku i, op.cit., hlm. 48. 9 habib adjie, buku i, op.cit., hlm. 67. 10 didik endro p, hukum pidana, (surabaya: khusus untuk mahasiswa fakultas hukum universitas airlangga, 2007), hlm. 55. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 57 maybe only one person has a "will" and "plans" a crime, but the crime is not done alone, but he uses someone else to commit the crime. it can also happen that only one person commits a crime, but he uses that other person to carry out the crime. if after providing information regarding an event requested by inserting it into an authentic deed to the official maker, while the deed itself has not been made or the information regarding the incident has not been entered into the deed, the crime has not occurred perfectly, but only a crime trial has just taken place. the object of this crime is false information, meaning a statement that is contrary to the truth, which information about something / event. not all things / events apply here, but events that must be proven by the authentic deed. similar to the object of the letter intended to prove a matter from article 263 of the criminal code, the element of something from this article is the same as a matter of article 266 of the criminal code. a thing or event intended is something that is the main content of the authentic deed made. like the marriage certificate, the main content is marriage, the sale and purchase certificate of the main content is about the sale and purchase, birth certificate of the main content is about the birth and not about things outside of the main contents of the deed. for example in a marriage certificate or marriage certificate proves that there is a marriage between a woman and a man, a sale and purchase certificate between two people / parties regarding an object and in the birth certificate proves the birth of a baby from a mother. the element of error in crime article 266 (1) of the criminal code is with the intention to use a deed containing such a false event as if the information in the word is in accordance with the truth. regarding this element of error is basically the same as the element of error in article 263 (1) of the criminal code that has been explained on the front. likewise with regard to the element "if the use causes losses, it has been explained sufficiently in the discussion of articles 263 and 264 of the criminal code. in the scope of the notary we know the adage that "everyone who came before the notary had properly said. so that true saying is directly proportional to saying true ". if it is true to say, it is not directly proportional to telling the truth which means a lie or giving false information, then that becomes the responsibility of the person concerned. if something like that happens, then often the notary is reported to the authorities in this case is the police apparatus. in the examination of a notary public, it is lashed with various questions, which in essence, the notary is herded as the party making false statements. the imposition of a criminal sanction against a notary can be carried out as long as the limitations mentioned above are violated, meaning that besides fulfilling the formulation of the violation mentioned in the notary position act (amendment law to uujn) and the notary position professional code of ethics which must also fulfill the formulation in the law book criminal law (kuhp). with the explanation above the notary can be punished criminal, if it can yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 58 be proven in court, that intentionally the notary together with his workers to make a deed with the intent and purpose to benefit the party or the tapping party by harming the other tapping parties. if this is proven, then the parties that harm other parties and the notary must be punished. the notary can be said to have committed acts of inclusion and committed acts against the law in the context of the criminal law while also violating the code of ethics and the amendment law on uujn, so that the criminal penalties become stronger. if this is not accompanied by a violation of the code of ethics or even justified by the amendment law to the uujn, then this may be able to eliminate the unlawful nature of an act with a justification. the criminal prosecution of a notary may be carried out with the following restrictions: there is a legal action from a notary worker on the formal aspects of the deed which are intentional, full of awareness and conviction and planned, that the deed made before the notary public or by a notary together (agreed) to be used as a basis for committing a crime. there is a legal action by a notary worker in helping the notary to make a deed in front of or by a notary who if measured under the amendment act on uujn is not in accordance with the amendment act on uujn. the act of a notary worker results in the notary being negligent so that it is not appropriate according to the authorized institution to assess the actions of a notary public, in this case mpn.11 if a notary worker falsifies a letter so as to cause the notary to deviate from a deed he made so as to cause a criminal case, the notary must be held criminally responsible for what the worker has done. criminal liability is born with the continued reproach (verwijbaarheid) of an act declared as a criminal offense under applicable criminal law, and subjectively to an offender who fulfills the requirements for being subject to a criminal offense for his actions.12 this is based on the principle of not being convicted if there is no error or "actus non facit reum nisi mens sit rea". people may not be held accountable and convicted of a criminal if they do not make a mistake. however, someone who commits a criminal offense, may not be convicted. those who commit criminal acts will be convicted if he has a mistake.13 a notary who is proven to know that his employees commit the crime of falsification of letters, the notary in carrying out his profession is obliged to account for the deeds he did. the magnitude of the responsibility of the notary in carrying out his profession requires the notary to always be careful and careful in all his actions. however, as a normal human being, of course, a notary in carrying out his duties and positions is sometimes not free from mistakes either because of deliberate or because of negligence which can then harm other parties. in imposing sanctions on 11 habib adjie i, op.cit., hlm. 124-125. 12 dwidja priyatno, kebijakan legislasi tentang sistem pertanggungjawaban pidana korporasi di indonesia, (bandung: utomo, 2004), hlm. 30. 13 ibid., hlm. 56. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 59 notaries, there are several conditions that must be fulfilled, namely acts the notary must fulfill the formulation of the act which is prohibited by law, the loss caused by the act of the notary and the act must be against the law, both formal and material. formally this has been fulfilled because it has fulfilled the formula in the law, but materially must be tested again with a code of ethics, the amendment law on uujn. a notary may knowingly, intentionally to work together with the workers to carry out or assist or order the worker to take a legal action which he knows is illegal. if this is done, in addition to harming the notary, the parties, and in the end the person who carries out his job as a notary, is welcomed as a person who always violates the law.14 with the explanation above the notary can be punished criminal, if it can be proven in court, that intentionally the notary together with his workers to make a deed with the intent and purpose to benefit the party or the tapping party by harming the other tapping parties. if this is proven, then the parties that harm other parties and the notary must be punished. the notary can be said to have committed acts of inclusion and committed acts against the law in the context of the criminal law while also violating the code of ethics and the amendment law on uujn, so that the criminal penalties become stronger. if this is not accompanied by a violation of the code of ethics or even justified by the amendment law to the uujn, then this may be able to eliminate the unlawful nature of an act with a justification. in article 263 paragraph (1) jo article 55 paragraph (1) of the criminal code there are elements that must be fulfilled, including: participate in doing making fake letters can issue a right with the intention of using the letter as if it were authentic and not fake that can bring harm. medepleger can also be meant in the sense of the word "together do". at least there must be two people consisting of people who commit (pleger) and people who take part (medepleger) for a criminal act. in this case the notary and notary workers. the element of making a fake letter. whereas before the act was committed, there were no letters, and the letters made were entirely or partially contrary to the truth; and as in the previous explanation that falsifying signatures means faking letters. in the sample decision number 535 / pid.b / 2013 / pn.pdg. the notary worker falsifies the power of attorney in this case the signature in the contents of the letter. element issues a right. in the example of decision number 535 / pid.b / 2013 / pn.pdg. the power of attorney forged by his notary worker, is a power of attorney containing the certificate 14 habib adjie i, op.cit., hlm. 124. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 60 and its retrieval with the transfer of rights registration process for a parcel of land. the next element is to intend to use the letter as if it were authentic and not forged. this can happen if after the falsification of a letter, the letter is used to deceive others about the truth of the letter. for example in decision number 535 / pid.b / 2013 / pn.pdg. the power of attorney is used for the transfer of land rights in the land office, so that where the letter is used, it is as if the signature of the notary worker in accordance with the truth is proven legally and convincingly. the last element is causing harm. the losses referred to in this element are not only material losses, but also moral losses in the form of losses in the field of society as well as losses of decency, honor and so forth. while the loss does not need to be really there, it will be enough if it is new it's likely that there will be a loss. whereas those who order a notary public to make a false deed may be subject to criminal sanctions under article 266 of the criminal code. as in the decision number: 535 / pid.b / 2013 / pn.pdg. a client tells the notary to do false information in an authentic deed: article 266 of the criminal code 1) articles concerning something whose truth must be stated by the deed, with the intention to use or order others to use the deed as if the statement is in accordance with the truth, is convicted. if the use can cause harm, with a maximum imprisonment of 7 years. the deed becomes null and void if the contents of the deed do not meet the objective conditions, namely the conditions relating to the agreement itself or relating to the object which is made a legal act by the parties, which consists of a certain thing and a reason that is not prohibited, namely who is asking to enter information into in an authentic deed 2) convicted of the same crime, whoever intentionally uses the deed as if the contents are in accordance with the truth, if due to such use it can cause a loss. there are 2 crimes in article 266 of the criminal code (kuhp), each formulated in paragraphs (1) and (2). paragraph (1) has the following elements:15 1. objective elements: deeds: telling to enter the object: fake information; in the authentic deed; regarding something whose truth must be stated with the deed; if its use can cause harm; 2. subjective elements: with the intention to use or order to use as if the information is in accordance with the truth. paragraph (2) has the following elements: objective elements: 15 adami chazawi, op.cit, hal. 112 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 61 z's use the object: the authentic deed paragraph (l); as if the contents are true; subjective elements: on purpose. in the formulation above, it is not stated who is told to enter the false information, but can be known from the elements / sentences into the authentic deed in the formulation of paragraph (1). that the person is the authentic deed. as above it has been explained that the authentic deed was made by a public official who according to the act is authorized to make it, for example a notary, civil registry officer, land deed making officer (ppat). this official in making an authentic deed is fulfilling the request. the person who asked for this is what is meant by the person who ordered to enter false information. the act of ordering to include contains the following elements: initiative or the will to make a deed, which deed contains what (object namely: regarding something or event) which is put into it is from people who enter, not and the official official of the certificate; in connection with the origin of the initiative of the person asking for an authentic deed, then in the words / element of asking to enter means that person in fact he is giving information about something, which is contrary to the truth or false. the official who makes an authentic deed does not know that the information submitted by the person who ordered him to submit information is incorrect. because the official of the authentic deed maker does not know about the incorrect information about something, he cannot be held accountable for his actions which gave birth to an authentic deed. whose contents are false, and therefore they cannot be convicted. article 55 and article 56 number (1) and number (2) of the criminal code which formulates the inclusion in a criminal offense can be applied to a notary public if a notary worker commits a criminal offense. inclusion in a crime exists if in one crime several or more people are involved. the relationship:16 some people together commit one crime; maybe only one person has a "will" and "plans" a crime, but the crime is not done alone, but he uses someone else to commit the crime; it can also happen that only one person commits a crime, but he uses that other person to carry out the crime. if after providing information regarding an event requested by inserting it into an authentic deed to the official maker, while the deed itself has not been made or the information regarding the 16 didik endro p, op.cit., hlm. 55, yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 62 incident has not been entered into the deed, the crime has not occurred perfectly, but only a crime trial has just taken place. the object of this crime is false information, meaning a statement that is contrary to the truth, which information about something / event. not all things / events apply here, but events that must be proven by the authentic deed. similar to the object of the letter intended to prove a matter from article 263 of the criminal code, the element of something from this article is the same as a matter of article 266 of the criminal code. a thing or event intended is something that is the main content of the authentic deed made. like the marriage certificate, the main content is marriage, the sale and purchase certificate of the main content is about the sale and purchase, birth certificate of the main content is about the birth and not about things outside of the main contents of the deed. for example in a marriage certificate or marriage certificate proves that there is a marriage between a woman and a man, a sale and purchase certificate between two people / parties regarding an object and in the birth certificate proves the birth of a baby from a mother. conclusion the author is of the opinion that criminal liability for a notary public is proven to be a notary worker committing the crime of falsifying letters. in this case if the notary worker falsifies a letter both on the contents of the letter and relates to the authority and content of the authority of the letter forged by the notary worker. that the authority of notary workers in carrying out work to help notaries carry out their duties and positions is the principle of assistance. while the notary himself gets attributive authority from the law, so the notary is personally responsible for what is his duty and authority. with regard to criminal liability, a notary public may be subject to inclusion in article 55 and article 56 (1) and (2), due to his negligence on the falsification of the letter carried out by a notary worker. references asshiddiqie, jimly.(2006). perihal undang-undang. jakarta: rajawali pers. budiono, a. rachmad.(1995). hukum perburuhan di indonesia. jakarta: raja grafindo persada. dwidja, priyatno.(2004). kebijakan legislasi tentang sistem pertanggungjawaban pidana korporasi di indonesia. bandung: cv utomo. g.h.s. lumban tobing.(1999). peraturan jabatan notaris. jakarta: erlangga. gandasubrata, h.r. purwoto s.. renungan hukum. jakarta: ikatan hakim indonesia cabang mahkamah agung ri. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 adjie, habib.(2011). hukum kenotariatan indonesia tafsiran tematik terhadap undang-undang nomor 30 tahun 2004 tentang jabatan notaris. cetakan ke-3. bandung: refika aditama. kelsen, hans. terjemahan raisul mutaqien.(2006). teori hukum murni, bandung: nuansa & nusamedia. nawawi, arief barda, (2001). masalah penegakan hukum dan kebijakan penanggulangan kejahatan. bandung: citra aditya bakti. laws and regulations undang-undang nomor 30 tahun 2004 tentang jabatan notaris. undang-undang nomor 13 tahun 2003 tentang ketenagakerjaan. kitab undang undang hukum pidana. kitab undang-undang hukum perdata (burgerlijk wetboek). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 legal efforts of justice collaborator in corruption crime ferry vincentius faculty of law, narotama university surabaya e-mail: ferry.vincentius@gmail.com abtract in writing this paper the author discusses about legal effort for cooperating witness (justice collaborators) in corruption crime. this is motivated by legal effort because of the lack of legal protection for the actors who cooperating witness (justice collaborators) in indonesia. so the author wants to do a juridical study of the status of the cooperating witness (justice collaborators) and the legal effort of the witnesses who are status as cooperating witness (justice collaborators).this is done to find a concept that can be incorporated into the criminal justice system in indonesia. so that it is hoped that a good form of protection will be created for the cooperating witness (justice collaborators) who in the end can be a good step to provide opportunities for the public to provide information and information in uncovering serious and organized crimes in the future. keywords: justice collaborator, corruption 1. introduction in june 2020, the status of justice collaborator named m. nazaruddin was highly discussed. the directorate general of correctional affair at the ministry of law and human rights previously appointed nazaruddin as a justice collaborator by the corruption eradication commission hukumonline, (hukumonline.diakses tanggal 23 nopember 2020). (indonesian: komisi pemberantasan korupsi) based on letter number r-2250/55/06/2014 dated june 9, 2014 regarding a certificate on behalf of muhammad nazaruddin; letter number r.2576/55/06/2017 dated june 21, 2017 regarding requests for information that he has collaborated with law enforcement (mietzner, 2015). however, kpk denied issuing this status. the cooperation certificate was issued on the grounds that m. nazaruddinsince the investigation, prosecution and trial processhas revealed the corruption case for the construction of the hambalang national sports facilities education and training center, the case for procuring e-ktp at the ministry of home affairs and the case with the defendant anas urbaningrum and on the basis of that m. nazaruddin has paid the fine in full to the state treasury. this raises legal uncertainty over the legal protection of a justice collaborator (thalib et al., 2017). the absence of legal certainty regarding the status of justice collaborator makes it difficult for law enforcement officers to reveal the main controllers of a criminal act of corruption. in 2019 indonesia was ranked 85 out of 180 countries in the world according to the list of countries suspected of corruption issued by transparasi international. indonesia scored 40 with a 0 (zero) for ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 32 the ‘cleanest’ country and 100 for the most corrupt one. the similar data in 2018 showed that indonesia scored 38 out of 100 and was ranked 89th out of 180 countries. corruption is one of organized crimes that occurs in almost all countries in the world. it has been described by sanford h. kadish as an act that benefits a person or party by betraying a trust or to bribe public officials or their subordinates for a particular interest. the criminal act of corruption is said to be one of the extra ordinary crimes in which the process of prosecution and execution of the punishment also requires extra ordinary measures. several characteristics and characteristics of corruption crimes make it classified as an extra ordinary crime. according to the records of the indonesia corruption watch (icw), the value of the potential loss and real wealth of the country due to corruption cases during the first semester of 2020 was rp. 39.2 trillion (diansyah & sari, 2008). the amount was not proportional to the total fine imposed by the panel of judges on the defendant which was only around rp. 102,985,000 and a replacement money of rp. 625,080,425,649, us $ 128,200,000 and sgd 2,364,325 or a total of around 2.3 trillion. it is not easy to reveal a criminal act of corruption, because the modus operandi used by the perpetrators is neat and difficult to identify by law enforcement officials. on the other hand, law enforcement officials are fully aware that disclosing the veil of transnational organized crime requires the participation of witnesses. the role of perpetrator witnesses is very important in assisting law enforcement officials to uncover this crime to its roots. the perpetrator's witness testimony can determine the success of disclosing the crime. the testimony by the perpetrator's witness is very influential for the judge when making decisions (roesli et al., 2017). in fact, in the practice of the criminal justice system, perpetrator witnesses are often unable to provide the best and true testimony during the trial process due to threats, terror, and intimidation against themselves, their families, their assets or their livelihoods. this affects the courage and ability of perpetrator witnesses to provide true testimony based on what they have seen and experienced. given the strategic position of witnesses in exposing transnational organized crime, several countries have constructed laws that aim to provide protection to witnesses and victims. the aim is to encourage someone who is aware of a crime to be willing to report it to law enforcement officials. the reward is a guarantee of security and safety as well as legal relief from the witness. in indonesia "spb" is regulated in law no. 31/2014 concerning amendments to law no. 13/2006 concerning protection of witnesses and victims, sema no. 4/2011, pbmenhum & ham (m.hh-11.hm.03.02.th.2011), attorney general of the republic of indonesia (per-045 / a / ja / 12/2011), chief of police (no.1 of 2011), kpk ri (kepb -02 / 01-55 / 12/2011) and the chairperson of lpsk ri (no. 4 of 2011) concerning protection for reporting parties, reporting witnesses and collaborating perpetrator witnesses (doddema et al., 2020). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 33 "spb" is explained in article 1 paragraph (2) of law no. 3/2014 as the protection of witnesses and victims explaining that "spb" witness is one of the suspects, defendants, or convicted in a corruption case where he is willing to provide true testimony to law enforcement. his testimony is the key to uncovering a criminal act in the same case. the indonesian government has signed new provisions in uncac in 2003 which were later ratified by law no. 7/2006 concerning ratification of uncac 2003 and uncatoc which have been ratified by law no. 5/2009 concerning uncatoc ratification of "spb". article 37 paragraph (2) and paragraph (3) uncac year 2003 is one of the references for the emergence of sema no. 04/2011. article 37 paragraph (2) of uncac of 2003 states that each country party to the convention is required to consider the possibility of providing reduced sentences to the perpetrators of certain cases where their testimony is the key to the process of investigation and/or prosecution of crimes agreed in this convention. sema no. 04/2011 numbers 6 and 9 state that "spb" is one of the subjects of criminal acts in certain cases where witnesses, who are not the main perpetrators of the crime, commit the crimes committed and provide their testimony in the judicial process. criminal action in certain cases as referred to in sema no. 04/2011 is a criminal act of money laundering, narcotics crime, corruption, terrorism, trafficking in persons, and other structured and organized crimes so as to cause serious problems and threats to the security and stability of the condition of society which results in the collapse of the institution and the values of democracy, ethics and justice and jeopardizes the continuation of development and the rule of law. supreme court circular no. 04/2011 provides guidance for judges when imposing criminal decisions on "spb" with the following criteria: 1. the witness is the perpetrator or one of the perpetrators of a certain crime who has confessed his criminal act, in which he is not the main perpetrator of the crime and is willing to give his testimony as a witness in the case. 2. the public prosecutor provides an explanation of his charge regarding the witness who has actually testified in order to obtain important information and evidence which can be used to uncover the criminal case. while various rules and regulations regarding legal protection of an "spb" have been stipulated, in fact the practice of justice that occurs is as follows: 1. the determination of the status and rights of an "spb" by law enforcement officers is frequently neglected during judicial proceedings. information and/or testimony of an "spb" is not maximized to find the main perpetrator of the particular crime; ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 34 2. as an "spb" who is also a witness to a perpetrator who is involved in a certain crime, his involvement makes his status change from being not the main actor to being one of the main perpetrators. this change in status resulted in the revocation of the "spb" status so that the right to protection and leniency was also lost; 3. law enforcers may think that without the "spb" testimony, the defendant can also testify as a crown witness; 4. the status of "spb" can be misused to protect the interests of a person or certain party or to obtain benefits thereof; 5. there is a stigma that the opportunity to become "spb" makes it easy for someone to apply for a reduction or leniency. the courage of the witness "spb" to give real testimony and become a witness in court is a way for these witnesses to get forgiveness from the judge; 6. there are several technical obstacles in connection with the institutional authorization to determine the status of "spb" and a clear and transparent procedure system is needed for determining the authority of each law enforcer in determining the status of "spb"; 7. there is no definite procedure in determining the amount of penalty relief given to "spb". based on the description above, the author is interested in taking a closer look at the application of collaborating perpetrator witnesses in indonesia with the formulation of the problem as follows: what legal effort can justice collaborator take to obtain their rights in the judicial system in indonesia? and what is the form of legal protection for the status of justice collaborator in the judicial system in indonesia? 2. research methods this is a research based on juridical normative, which is a descriptive documentary study. this legal research is conducted by examining library materials and/or secondary data which is also called literature law research. the approach used in this study focuses on the level of horizontal legal synchronization. therefore the material being studied is the compatibility of written positive law with its practical conditions. 1. approach the research approach used is as follows: a. statute approach the legal approach is the approach taken by reviewing all legal regulations and regulations related to legal issues being addressed. in the method of legislative approach researchers need to understand the hierarchy and fundamentals in the regulation of legislation. b. conceptual approach ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 35 the approach is carried out by referring to the concepts and doctrines of legal science that have been developing so far. by studying these things, ideas will be found that give birth to principles, concepts, and legal definitions related to the problems discussed in this study (sofyan & asis, 2014). c. case approach in the case approach, the ratio decidendi will be examined, i.e. the legal reasons underlying the judge in deciding a court decision that has permanent legal force. in this case the decision to be examined is the decision of the supreme court number 331 pk/pid.sus/2019. 2. legal source sources of legal materials consist of: a. primary legal materials as a source of primary legal material for this study, the authors took several sources of law applicable in indonesia related to spb, both regarding rights and obligations as well as the determination of spb status. the primary legal sources used are as follows the 1945 constitution, the criminal code (kuhp), law no.31/1999 as amended by law no. 20/2001 concerning the eradication of corruption crime, law no. 31/2014 concerning amendments to law no. 13/2006 concerning protection of witnesses and victims, sema no. 4/2011 concerning treatment of whistle blowers and justice collaborators in certain criminal acts, pbmenhum & ham (m.hh-11.hm.03.02.th.2011), indonesian attorney general's office (per-045 / a / ja / 12/2011) , chief of police (no.1 of 2011), kpk ri (kepb-02 / 01-55 / 12/2011) and chair of lpsk ri (no. 4 of 2011) concerning protection for whistler blower, reporting witnesses and justice collaborator of central jakarta district court no. 100/pid.sus tpk/2017/pn jkt.pst dated 21 december 2017, and court decisions and supreme court decisions (asmuni et al., 2020). b. secondary legal materials books on law, legal journals and scientific research results. c. tertiary legal materials legal dictionary, kbbi and legal encyclopedia. 3. results and discussion legality principle the idea of legality principle was coined by montesqueau in 1748 (l'esprit des lois) and j.j. rousseau in 1762 (du contract social) to avoid arbitrary actions by the king/ruler against the people at that time. anselm von feuerbach in his book lehrbuch des peinlichen recht (1801) formulated the legality principle of "nullum delictum, nulla poena sine praevia lege poenali" ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 36 (no crime, without preceding criminal law) which is related to the theory of psychological coercion that he sparked. the three basic legality principles according to anselm von feuerbach in his book lehrbuch des peinlichen recht (1801) include: 1. nulla poena sine lege (no crime without law) 2. nulla poena sine crimine (no crime without a criminal act) 3. nullum crimen sine poena legali (there is no criminal act without the previous criminal law) legal system in indonesia indonesia adheres to the european continental legal system which is a legacy of the colonial era. written law is the basis for the application of the europe continental legal system. a crime or violation can be criminalized if there is a statutory regulation or written law that regulates it in advance . the efforts provided by the positive law of indonesia guarantee the rights and obligations of victims or suspects that the constitution delegates to through legislation (burns, 2004). legal protection 1. according to satjipto raharjo, legal protection is a protection given to the community from human rights losses due to the actions of others so that they can enjoy all the rights provided by the law. 2. legal protection according to philipus m. hadjon's opinion is the protection of the dignity of a human being, and recognition of the human rights of a legal subject is based on the legal provisions of arbitrary actions. indonesia applies the european continental legal system. this legal system is based on positive law that adheres to the principle of legality. julius stahl as quoted by azhary mentioned the main elements in the continental european system as follows: 1. recognizing and protecting human rights; 2. to protect these human rights, state administration must be based on the trias politic theory (separation); 3. in carrying out its duties, the government is based on law (welmatigh bestuur); 4. if in carrying out its duties based on law the government still violates human rights (government interference in a person's personal life), then a court will resolve it. because of the adherence to the european continental legal system, in carry out law enforcement functions judges in indonesia based on the prevailing laws and regulations, although in their development judges cannot reject cases that are submitted on the grounds that there is no legal basis but they still refer to the applicable written law. therefore, the european continental legal system is very thick with elements of legal certainty (azhary, 1995). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 37 according to ade saptomo, there are 3 approaches used by judges in judging concrete legal matters: 1. legalistic approach (formal) this is a model used by judges in solving concrete legal cases whose laws (read: laws) have clearly regulated. judges seek, sort, and select legal elements in the concrete legal cases referred to and then meet them with the relevant articles in the said law. 2. interpretative approach in reality, it is possible that the normative rules are incomplete or vague. in an effort to uphold the law with justice and truth, judges must be able to make legal discoveries (rechtsvinding). 3. anthropological approach regarding concrete legal cases that have not been regulated by law, judges must find law by exploring, following and living up to the legal values that live in society. the operation of legal certainty is closely related to legal effectiveness where legal certainty is only guaranteed if the state government has sufficient means to ensure the existing laws and regulations. law enforcement one aspect of legal certainty is law enforcement. the comprehensive role of law enforcement officials greatly determines the occurrence of law enforcement and legal certainty. the component consisting of the police, prosecutors, advocates and judges has main duties and responsibilities and plays a role according to their respective functions. good synergy between the components of the law enforcement apparatus is needed to formulate laws that are implemented so that there are no gaps when practicing law inside and outside the court. the implementation of law based on principles will directly affect the legal system both vertically and horizontally. this means that the duties and powers of law enforcers can provide guarantees for legal certainty for offenders or victims proportionally (vertically). on the other hand, a good implementation of law enforcement can be seen when law enforcers jointly make legal compromises based on their tufoks to carry out norms well (horizontally). good vertical and horizontal legal system can avoid overlaps and gaps between law enforcement officials in carrying out written law enforcement and the community as the target of these norms. legal protection legal protection is defined by satjipto raharjo as protection provided to the community from human rights losses due to the actions of others so that they can enjoy all the rights provided ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 38 by law. philipus m. hadjon defines it as the protection of the dignity of a human being, as well as recognition of the human rights of a legal subject based on the legal provisions of arbitrary actions. legal efforts in indonesian legal system legal effort are efforts given by law to a person or legal entity in certain cases against a judge's decision. this is related to human rights which apply to the rights of a person who is subject to the judge's decision. there are 2 (two) types of legal effort: 1. ordinary legal effort (gewone rechtsmiddelen) it is the right of the defendant and the public prosecutor not to accept the decision of the district court or the first level (judex factie). the purpose is to correct mistakes made by previous agencies, for the unity of the court and as a protection against arbitrary acts by judges or courts (sofyan & asis, 2014). this can be in the forms of: a. appeal (revisi/hoger beroep) appeal is one of the common legal effort that can be requested by one or both parties in a case against a decision of the district court. the parties submit an appeal if they are not satisfied with the content of the district court's decision to the high court through the district court where the decision was passed. b. cassation (cassatie) cassation is one of the common legal efforts that can be requested by one or both parties in a case against a high court decision. the parties can file an appeal if they are not satisfied with the content of the high court's decision to the supreme court. cassation comes from the word "cassation" with the verb "casser" meaning to cancel or solve. cassation trial can be interpreted as breaking or canceling the verdict or decision of the courts, because they are considered to have wrongly applied the law. although normatively the supreme court has the authority to hear cassation cases, it does not automatically and definitely do it, but it depends on the justice seeker or the public prosecutor, whether to file an appeal or not and it depends on other conditions that must be met. 2. extraordinary legal effort (buiten gewone rechtsmiddelen) a. examination at the cassation level for legal purposes (cassatie in het belang van hetrecht) cassation for the sake of law can only be filed against decisions of district courts and high courts which have permanent legal force, this is different from a judical review, not only limited to district court decisions and/or high court decisions, but also to decisions of the supreme court. b. review of court decisions that have permanent legal force (herziening) ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 39 judical review or commonly called request civiel is reviewing civil decisions that have obtained permanent legal force, because the judge finds out about new things, so that if they are known, the judge's decision will be different. the difference between ordinary and extraordinary efforts is that in principle ordinary effort can postpone execution (unless a decision is granted the lawsuit and the lawyers are granted) and extraordinary effort do not delay execution. collaborative perpretator witnesses ("spb")/ justice collaborator referring to sema no. 4/2011 collaborative perpretator witnesses are the perpetrator or one of the perpetrators of a certain crime, who has confessed his criminal act, not the main perpetrator of the crime. in addition, he is willing to provide important testimony as a witness in the judicial process so that the criminal cases in question can be exposed and his testimony can be used as a basis for disclosing other actors in the criminal case who have a bigger role. it eventually can be used to return the assets / proceeds of the state lost due to a certain crime (muhammad, 2015). corruption crime 1. according to article 2 of law no. 31/1999 concerning the eradication of tipikor, every legal subject who commits acts against the law to enrich himself or other parties or corporations that have the potential to harm state assets can be sentenced to life imprisonment or sentenced to imprisonment of at least 4 years and a maximum of 20 years and a fine minimum of rp. 200,000,000.00 and a maximum of rp. 1,000,000,000.00. 2. according to article 3 of law no. 31/1999 concerning the eradication of tipikor, any person who aims for the benefit of himself or another party or corporation, uses his / her authority and opportunity, or facilities entrusted to him that can result in the loss or reduction of state assets or the state's economic condition can be sentenced to life imprisonment or criminal imprisonment of at least 1 (one) year and a maximum of 20 (twenty) years and or a minimum fine of rp. 50,000,000 (fifty million rupiah) and a maximum of rp. 1,000,000,000.00 (one billion rupiah). " this research aims to: 1. to analyze the application of legal effort by justice collaborator who work together to obtain their rights in the judical system in indonesia; 2. to analyze the legal consequences of the application of legal protection for justice collaborator s in the judical system in indonesia. this research is expected to provide the following benefits: 1. insight in the field of legal science in general, especially criminal law regarding witnesses of justice collaborators in criminal cases of corruption in indonesia. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 40 2. the results of this study are expected to provide useful information for the public regarding witnesses of justice collaborators in criminal cases of corruption in indonesia 3. as input and information for students 4. conclusion the form of justice collaborator arrangement in indonesia is contained in the following laws and regulations: a) article 142, and article 168 letters a and b of law no. 8 of 1981 concerning criminal procedure law (kuhap); b) article 3 and article 6 of the presidential decree no. 174 of 1999 concerning remission; c) article 5 paragraph (2) government regulation number 71 of 2000 concerning procedures for implementing community participation and giving awards in the prevention and eradication of corruption crimes; d) articles 28, 29, 30, 31, and article 33 of law number 31 of 2014 concerning amendments to law no. 13 of 2006 concerning protection of witnesses and victims; e) letter of the supreme court number 4 of 2011 concerning the treatment of whistle blowers and justice collaborators in certain criminal acts. in addition, justice collaborators are also regulated through a memorandum of understanding and joint regulations as follows: a) memorandum of understanding between the witness and victim protection agency and the republic of indonesia prosecutor's office number: nk-003 / 1.6 / lpsk / iv / 2011, number: kep-069 / a / ja / 04/2011 dated april 20, 2011 concerning witnesses and victims b) memorandum of understanding between the corruption eradication commission of the republic of indonesia and the witness and victim protection agency number: spj12/01/08/2010, number: kep-066 / 1.6 / lpsk / 08/2010 dated august 9, 2010 concerning cooperation in the implementation of protection witnesses or reporters c) memorandum of understanding between the financial transaction reports and analysis center with the witness and victim protection agency number: nk-46 / 1.02 / ppatk / 04/2011, number: nk 002 / 1.6 / lpsk / iv / 2011 dated april 18, 2011 regarding cooperation in providing protection for reporters, witnesses and / or korabn of the crime of money laundering d) joint regulation of menhumham ri, attorney general ri, kepolri, kpk ri, lpsk ri number: m.hh-11hm.03.02.th. 2011 number: per-045 / a / ja / 12/2011, number: 1 of ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 41 2011, number: kepb-02 / 01-55 / 12/2011 number: 4 of 2011 regarding protection for reporters, whistler blowers and justice collaborators. protection provided to spb includes a) protection of physical and psychological condition b) special handlers c) legal protection. d) awards all protections and awards are given to spb in accordance with certain conditions and limitations. the criminal justice system that currently applies to spb in criminal acts of corruption is not regulated in detail where there has not been sufficient regulation to become a legal basis for law enforcement officials. until now the regulation on spb is only regulated in sema no. 4 of 2011 and the joint regulation on the treatment of reporters of crime and perpetrator witnesses who collaborate in certain criminal cases. sema and pb do not have binding legal force such as law. suggestion further regulation on spb in indonesian laws and regulations is needed. spb in this case is referred to as the crown witness has been discussed in article 200 of the academic manuscript of the 2012 criminal code bill. unfortunately, the draft law on criminal procedure code has not yet been discussed by the indonesian parliament in session period in 2018. therefore, it takes the seriousness of the government and the dpr in realizing this. this statutory regulation is needed to avoid multiple interpretations in the application of spb by law enforcement officials in indonesia. the upcoming spb may have a greater opportunity given its very strategic role in efforts to uncover organized criminal networks, in this case corruption. firmness is needed regarding legal protection of an spb by law enforcement officials in indonesia. law enforcement officials can pay more attention to the existence of spb and can provide optimal legal, physical and psychological protection so that the existence of spb in criminal justice can provide a maximum role in uncovering criminal acts and other main actors in organized criminal networks. references asmuni, a., hasibuan, p., & maswandi, m. (2020). criminal law study behind the polyandri marriage in indonesia. international journal for innovative research in multidisciplinary field, 6(9), 110–114. azhary, n. h. i. (1995). penerbit universitas indonesia. ui-press), jakarta. burns, p. (2004). the leiden legacy: concepts of law in indonesia. kitlv press leiden. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 42 diansyah, f., & sari, i. d. a. (2008). corruption assessment and compliance united nation convention against corruption (uncac)-2003 in indonesian law. indonesia corruption watch. doddema, m., spaargaren, g., wiryawan, b., & bush, s. r. (2020). fisher and trader responses to traceability interventions in indonesia. society & natural resources, 33(10), 1232–1251. mietzner, m. (2015). dysfunction by design: political finance and corruption in indonesia. critical asian studies, 47(4), 587–610. muhammad, r. (2015). pengaturan dan urgensi whistle blower dan justice collaborator dalam sistem peradilan pidana. jurnal hukum ius quia iustum, 22(2), 203–222. roesli, m., heri, a., & rahayu, s. (2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. sofyan, a., & asis, a. (2014). hukum acara pidana suatu pengantar. jakarta: kencana. thalib, h., rahman, s., & semendawai, a. h. (2017). the role of justice collaborator in uncovering criminal cases in indonesia. diponegoro law review, 2(1), 27–39. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 141 legal protection costumer about manipulation fake import beauty cream agung hari laksono, soemali faculty of law, narotama university surabaya e-mail: agunk2u@gmail.com abstract cosmetics are one of the necessities of human life, especially women in fulfilling the demands of their beauty. there have been many cases of counterfeit and / or illegal cosmetics circulating in the cosmetics distribution. rahajeng ratnasari alias sari is a business actor who sells fake cosmetics with his own concoctions in the city of mojokerto. the objectives of this study are: 1) to identify and analyze the actions of the business actor as an act against the law. 2) to find out and analyze the form of legal protection for consumers due to illegal acts committed by the business actor. this type of research is normative using the statute approach method. this study also uses the conceptual approach method. the result of this research is that the actions of business actors in marketing their products can be categorized as acts against the law and law number 8 of 1999 concerning consumer protection. the form of legal protection for consumers due to illegal acts committed by business actors is the formation of a consumer protection agency as a consumer that builds protection and provides space in consumer dispute disputes through the consumer dispute resolution agency as a small lawsuit court body. keywords: cosmetics, fake cosmetics, legal protection 1. introduction the life of modern society today does not only require development progress. but it is also related to the appearance of values and beauty in humans. especially for women who have been dissolved in various beauty competitions that are presented in the world of women, they will do various ways to obtain them, one of which is by using various kinds of beauty products, ranging from beautiful postures, bright faces and charming appearance. women have competence in a wide selection of products to be used. in fact, it is not uncommon for many women to spend large amounts of money to get that beauty. cosmetics are a form of secondary needs in people's lives. based on article 1 number 1 regulation of the minister of health of the republic of indonesia number 1176 / menkes / per / viii / 2010 concerning cosmetics notification, what is meant by "cosmetics are ingredients or preparations intended for use on the outside of the human body (epidermis, hair, nails, lips). and external genital organs) or teeth and oral mucosa especially for cleaning, deodorizing, changing appearance and / or improving body odor or protecting or maintaining the body in good condition ”. nowadays, not only safe cosmetics are circulating, but also cosmetics that are dangerous. this kind of condition is also experienced in several big cities in indonesia. dangerous cosmetics are cosmetics that contain dangerous chemicals that can cause side effects or health problems for the user. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 142 lack of public understanding of the ingredients contained in cosmetics and a lack of public understanding in terms of distinguishing which cosmetics are dangerous and which are not. the circulation of fake cosmetics occurs in mojokerjo city in the panggreman neighborhood, kelurahan / kecamatan kranggan. the officers secured a business actor named rahajeng ratnasari alias sari, 29 years old along with hundreds of cosmetics and cosmetic brands that are suspected of being illegal. all these beauty products are the result of this housewife's hand concoction. with such a mode, bpom again reminds consumers to make observati 2. method research covenant theory according to subekti, an agreement is an event where a person promises to another person or where two people promise to do something. according to suharnoko, the legal problem that occurred before the agreement was declared valid and binding on the parties, namely in the preliminary negotiation process, one of the parties had committed a legal action such as buying a cosmetic product even though a final agreement had not been reached between them. but if the agreement has been declared valid, it means that two people promise each other, then a legal consequence will be born in carrying out the agreement if the agreement is broken. legal certainty theory according to jan michiele otto, legal certainty in certain situations requires the following: 1) the availability of clear and clear, consistent and accessible legal rules issued by the state power. 2) that the ruling (government) agencies implement the said legal rules consistently and obey them. the majority of citizens in principle agree with the content and therefore resolve their behavior towards the rules. 3) that independent and impartial judges (judiciary) apply these legal rules consistently when they resolve disputes. 4) judicial decisions are implemented in a concrete manner. according to jan michiele otto, the better a legal state functions, the higher the level of legal certainty in fact. on the other hand, if a country does not have a legal system that functions autonomously, there is little level of legal certainty. in a legal event, the sale and purchase will give birth to an agreement, and if an agreement is considered valid, the agreement will be born. then if the agreement arises as a result of the unlawful act of the seller, namely fake beauty products, there will be sanctions. according to the theory of schuld and hafting, which are the special elements that exist from an engagement. schuld is the debtor's obligation to carry out his performance, regardless of whether or not http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 143 there is a sanction / property at stake as a consequence of this obligation. meanwhile, hafting means a liability or juridical responsibility / property of a debtor, regardless of who has to carry out the achievement. legal certainty as one of the objectives of the law cannot be separated from the law itself. the most important function of law is to achieve order in human life in society. order will cause people to live with certainty, meaning that people can carry out the activities required in social life because that person can make calculations or predictions about what will possibly happen or what might be expected. according to utrecht, law has a duty, namely to ensure legal certainty in human relations. the certainty guaranteed by the law is the certainty of one party to another. the concept of legal protection according to salim hs and erlies septiana nurbani, theoretically, the form of legal protection is divided into two, namely: 1) protection that is preventive in nature 2) protection that is repressive in nature. preventive legal protection is a preventive legal protection. this protection provides an opportunity for the people to object (inspraak) their opinion before a government decision takes a definitive form. so that it aims to prevent disputes and has a very large meaning for a government based on freedom of action. with this preventive legal protection, it will encourage the government to be careful in taking actions or decisions related to the ermessen freies principle, and the people can raise objections or be asked for their opinions regarding the plan of the decision. repressive legal protection serves to resolve if a dispute occurs. currently, in indonesia there are various bodies that partially handle legal protection of the people which are grouped into two bodies, namely: 1) courts within the scope of general courts. 2) government agencies which are administrative appeals agencies in statutory regulations, the forms of legal protection provided by the community for the arbitrariness of other parties, be they the authorities, or entrepreneurs, or people who have an economic level higher than the victims. 3. results and discussion the actions doing by businesses are unlawful acts against the law (pmh) are contained in article 1365 of the civil code, which reads: "every act that violates the law and brings harm to others, obliges the person who incurs the loss because of his fault to compensate for the loss." in general, what is meant by "action" in terms of an act against the law is: 1) noneasance, namely not doing something that is required by law. 2) misfeasance, is an act that is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 144 done wrong, which action is an obligation or an act for which he has the right to do it. 3) malfeasance, namely an act committed even though the perpetrator is not entitled to do. in accordance with the provisions contained in article 1365 of the civil code, an act against the law must contain the following elements: 1) the existence of an act; 2) the act is against the law; 3) there was an error on the part of the perpetrator; 4) there is a loss for the victim; 5) there is a causal relationship between actions and losses. forms of legal protection for consumers due to activities obtained by business personnel legal protection for consumers article 1 point 1 of law number 8 year 1999 concerning consumer protection (uupk) explains the definition of consumer protection which reads "consumer protection is all efforts that ensure legal certainty to provide protection to consumers." explanation of the sentence " all efforts to ensure legal certainty " protection against the imposition of unfair conditions to consumers. this includes the relation to promotions and prices made by the business, for example, business actors promote very cheap and guaranteed authentic cosmetics. however, when consumers want to buy cosmetics, the business actor requires that to get the promotion they must buy at least 1 (one) dozen cosmetics. therefore, this consumer protection regulation is carried out by: 1) creating a consumer protection system that contains elements of openness to information access and ensuring legal certainty. 2) protecting the interests in particular and the interests of all business actors. 3) improve the quality of the traded goods and / or services. 4) providing protection for consumers due to deceptive and misleading business practices. 5) promote the implementation, development and regulation of consumer protection with other protection fields. legal relationships that occur between business actors and consumers as well as regulation of the circulation of goods and / or services legal relationship between business actors and consumers a legal relationship (rechtbetrekkingen) is a relationship between two legal subjects or two parties and more about the rights and obligations of one party with the rights and obligations of the other. legal relations that occur between business actors and consumers occur when business actors provide promises and information related to goods and / or services being traded, because since then the rights and obligations of the parties, both business actors and consumers, arise. the legal relationship is based on article 1320 bw and article 1338 bw where the business actor has agreed on what has been promised when giving promises in an advertisement, or leaflet or brochure, so that the promises will act as law against the parties who made it. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 145 prohibition of business actors related to the trade or distribution of goods and / or services in essence, according to nurmadjito, the intended prohibitions are intended to ensure that goods and / or services circulating in society are products that are fit for circulation, including origin, quality that is in accordance with the information of entrepreneurs either through labels, etiquette, advertisements. , and so forth. with such protection, business actors should not provide products of lower quality than the price they paid, or which are not in accordance with the information they obtain. supervision in the circulation of goods and / or services the implementation of supervisory duties is not only borne by the government, but also delegated to the community, whether in the form of groups, individuals, or non-governmental organizations. supervision by the community and non-governmental organizations can be carried out through research, testing and / or surveying of goods circulating in the market. this supervision carried out by the community includes the aspects of loading information about the risks of using goods if required, labeling, advertising, etc. that are required based on the provisions of laws and regulations and customs in business practices. the task of supervision carried out by the community and non-governmental organizations (ngos) for consumer protection can only be carried out on goods and / or services circulating in the market, while the production and distribution facilities and infrastructure can only be carried out by the government. national consumer protection agency and dispute resolution as certainty forms of legal protection in consumer protection national consumer protection agency the national consumer protection agency, hereinafter written as bpkn, was formed in order to develop consumer protection efforts, this is stated in article 31 of law number 8 of 1999 concerning consumer protection which reads "in order to develop consumer protection efforts a national consumer protection agency was established." the government strives as much as possible to strive to develop consumer protection because this consumer protection is the guarantee that consumers should get for every product that has been purchased by business actors. this regulation that regulates the national consumer protection agency shows the seriousness of the government in providing consumer protection. with the existence of this uupk, illegal and dangerous products for users or consumers have been prohibited from being offered, promoted, advertised and / or traded. consumer dispute resolution bodies http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 146 dispute resolution through the consumer dispute resolution agency, which is then written by bpsk, contains elements of peace. but it must be remembered that consumer disputes cannot be resolved with peace alone because legal provisions must still be adhered to. thus, bpsk resolves consumer disputes by examining and resolving permanent disputes based on applicable law. that is, bpsk when carrying out its role and upholding the applicable laws (laws). in article 1 point 11 uupk states that the consumer dispute resolution agency (bpsk) is an agency in charge of handling and resolving disputes that occur between business actors and consumers. the duties and powers of this consumer dispute body are carried out by an assembly that has been formed by the chairperson of the consumer dispute resolution agency and assisted by the clerk. the composition of the bpsk assembly must be odd, and provided that at least 3 (three) persons represent all elements as referred to in article 54 paragraph (2) of the uupk, namely elements of the government, consumers and business actors. dispute resolution and sanctions that occur as a result of purchasing fake cosmetics the procedure for resolving consumer disputes carried out by bpsk is regulated in law number 8 of 1999 in conjunction with kepmenperindag number 350 / mpp / 12/2001 concerning the implementation of duties and authorities of consumer dispute resolution bodies. the process is arranged in such a way and is very simple or as far as possible a formal atmosphere is avoided. in paragraph (4) the uupk determines that if an out-of-court dispute settlement effort has been selected, then a lawsuit through the court can only be pursued if the effort is declared unsuccessful. if an objection is submitted to the bpsk panel's decision, the district court must immediately examine and give a decision on the objection no later than 21 working days after the objection is received. if the parties are still not satisfied with the decision of the district court, then an appeal can be submitted to the supreme court no later than 14 working days after the decision is received. administrative sanctions given for the actions of business actors in marketing imported cosmetics can be categorized as unlawful actions as regulated in article 1365 bw which reads: "every act that violates the law and brings harm to others, obliges the person who caused the loss due to his / her mistake to compensate for these losses. " 4. conclusion the business actor's actions in making cosmetic counterfeiting can be categorized as an illegal act because he has fulfilled the elements of an unlawful act in chapter 2 (two), namely: 1) there is an act; 2) the act is against the law; 3) there was an error on the part of the perpetrator; 4) there is a loss for the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 147 victim; 5) there is a causal relationship between actions and losses. therefore, the business actor's act of cosmetic counterfeiting is categorized as an act against the law because it was done on purpose and not due to negligence. this act really caused harm to the victim. the form of legal protection for consumers due to illegal acts committed by business actors is the establishment of a national consumer protection agency as a government effort in developing consumer protection and providing space for resolving consumer disputes through the consumer dispute resolution agency as a small claim court agency. suggestion as a business actor, it is better not to counterfeit cosmetics because a successful business actor, apart from being seen from his services, can also be seen from the quality of his merchandise which does not cause harm to the victim. the government should also, in this case, including bpom, supervise the circulation of cosmetics in indonesia so that there is no trade in fake cosmetics. the form of huum protection for consumers, in this case compensation, is not only compensation contained in the consumer protection law but also compensation in article 1365 of the civil code. however, in article 1365 of the civil code there is no total amount of compensation that must be paid, therefore it is better if there is a need for revision to article 1365 of the civil code so that the amount of compensation is not obscured but is clearly stated in the article so that legal certainty can be realized. references achmad ali,(2000). menguak tabir hukum, gunung agung, jakarta. achmad ali,(1996). menguak tabir hukum, chandra pratama, jakarta. achmad ali,(1998). menjelajahi kajian empiris terhadap hukum, yarsif watampone, jakarta. adrian sutendi, (2008). tanggung jawab produk dalam hukum perlindungan konsumen, ghalia indonesia, bogor. ahmadi miru dan sutarman yodo,(2018). hukum perlindungan konsumen, rajagrafindo persada, jakarta. husni syawali dan neni sri imaniyati, (2000). hukum perlindungan konsumen, mandar maju, bandung. janus sidabalok,(2014). hukum perlindungan konsumen di indonesia, citra aditya bakti, bandung. jan michiele otto, sulistyowati irianto,(2012). kajian sosiologi-legal, bali, pustaka larasan. munir fuady, (2015). konsep hukum perdata, rajagrafindo persada, jakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 148 mudakir iskandar syah,(2018). hukum bisnis online era digital, campustaka, jakarta, h.5. munir fuady, (2015). konsep hukum perdata, rajagrafindo persada, jakarta. munir fuady,(2013). perbuatan melawan hukum pendekatan kontemporer, citra aditya bakti, bandung. peter mahmud marzuki,(2012). pengantar ilmu hukum, prenada media group, jakarta. philipus m.hadjon, (1987). perlindungan hukum bagi rakyat indonesia, bina ilmu, surabaya. ratika sanvebilisa dolok saribu,(2018). upaya balai pengawas obat dan makanan (bpom) dalam penanggulangan kejahatan pengedaran kosmetik tanpa ijin edar di bandar lampung, skripsi fakultas hukum universitas lampung. rosmawati, (2018). pokok-pokok hukum perlindungan konsumen, prenadamedia group, depok. subekti, (2004). aneka perjanjian, intermasa, jakarta. suharnoko, (2004). hukum perjanjian teori dan analisis kasus, prenadamedia group, jakarta. salim hs, erlies septiana nurbani,(2013). penerapan teori hukum pada penelitian tesis dan disertasi, rajagrafindo persada, jakarta. sekar ayu amiluhur priaji,(2018). perlindungan hukum terhadap peredaran kosmetik yang merugikan konsumen, skripsi fakultas hukum universitas islam indonesia yogyakarta. soerjono soekanto dan sri mamuji,(2010). penelitian hukum normatif suatu normatif suatu tinjauan singkat, rajagrafindo persada, jakarta. soersono r, (2006). pengantar ilmu hukum, rajagrafindo persada, jakarta. susanti adi nugroho,(2008). proses penyelesaian sengketa konsumen ditinjau dari hukum acara serta kendala implementasinya, prendada media group, jakarta. tranggono ri dan latifah f,(2007). buku pegangan ilmu pengetahuan kosmetik, gramedia pustaka utama, jakarta, 2007. utrecht e, (1961). pengantar dalam hukum indonesia, ichtiar, jakarta. wasitaatmaja, (1997). penuntun ilmu kosmetik medik, ui-press, jakarta. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 87 impact of covid-19 on indonesia's economy novia putri mauluddiyah, habib adjie. faculty of law, narotama university surabaya e-mail : noviaputri332@gmail.com abstract this study aims to determine the impact of covid-19 on the current indonesian economy and this type of research is a type of data analysis research library, data reduction, data display and verification / conclusion the results of this study indicate the impact of covid-19 on the indonesian economy today with various the impact on the economy due to the covid-19 pandemic that occurred at this time it is necessary to know the impacts that occur namely the difficulty in finding employment, hard to meet the needs of daily life and also do not have income to meet the needs for a day and many troubles were received from all sectors of the economy in all sectors and also felt the effects of covid-19. keywords: covid-19, covid-19 impact, indonesian economy 1. introduction the world health organization (who) explains that coronaviruses (cov) is a virus that infects the respiratory system. this viral infection is called covid-19. corona virus causes common cold to more severe illnesses such as middle east respiratory syndrome (mers-cov) and severe acute respiratory syndrome (sars-cov). corona virus is zoonotic which means it is transmitted between animals and humans. according to the indonesian ministry of health, the development of the covid-19 case in wuhan began on december 30, 2019, when the wuhan municipal health committee issued a statement "urgent notice on the treatment of pneumonia of unknown cause". the spread of the corona virus is very fast even across countries. to date, there are 188 countries that have confirmed being affected by the corona virus. the spread of the corona virus that has spread to various parts of the world has an impact on the indonesian economy, both in terms of trade, investment and tourism. tax revenue from the trade sector has also decreased, even though trade has the second largest contribution to tax revenue. based on data from the central statistics agency (bps), oil and gas and non-oil and gas exports have decreased because china is the largest importer of crude oil. in addition, the spread of the corona virus has also resulted in a decrease in production in china, even though china is the center of world goods production. indonesia is also very dependent on raw materials from china, especially plastic raw materials, textile raw materials, electronic parts, computers and furniture. the corona virus also has an impact on investment because people will be more careful when buying goods or investing. corona virus also affects market projections. investors can delay investment due to unclear supply chain or due to changing market assumptions. . in 2019, the realization of direct investment from china ranks second after http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 88 singapore. there is investment in sulawesi of around us $ 5 billion which is still in process however was delayed because employees from china were prevented from coming to indonesia. indonesia is one of the countries that has imposed a ban on travel abroad to reduce the spread of the corona virus. this prohibition caused a number of airlines to cancel their flights and several airlines were forced to continue operating even though the majority of their aircraft seats were empty to fulfill passenger rights. many consumers are delaying booking their vacation tickets because of the increasingly widespread spread of the corona virus. this situation causes the government to act by providing policies to overcome the problem. the corona virus also has a huge impact on the tourism sector. data from the central statistics agency (bps) shows that tourists from china reached 2.07 million people in 2019, which covered 12.8 percent of the total foreign tourists throughout 2019. the spread of the corona virus causes tourists visiting indonesia to decrease. tourism supporting sectors such as hotels, restaurants and retail entrepreneurs will also be affected by the corona virus. hotel occupancy has decreased by 40 percent which has an impact on the continuity of the hotel business. the lack of tourists also has an impact on restaurants or restaurants, where most of the consumers are tourists. the weakening of tourism also has an impact on the retail industry. the areas where the retail sector is most affected are manado, bali, riau islands, bangka belitung, medan and jakarta. the spread of the corona virus also has an impact on the investment, trade, sector, micro, small and medium enterprises (msmes) and also because tourists who come to a destination will usually buy souvenirs. if there are fewer tourists visiting, the msme turnover will also decrease. based on data from bank indonesia, in 2016 the msme sector dominated business units in indonesia and many types of micro-businesses absorb labor. on the other hand, the corona virus not only has a negative impact, but can also have a positive impact on the indonesian economy. one of them was delayed because employees from china were prevented from coming to indonesia. indonesia is one of the countries that has imposed a ban on travel abroad to reduce the spread of the corona virus. this prohibition caused a number of airlines to cancel their flights and several airlines were forced to continue operating even though the majority of their aircraft seats were empty to fulfill passenger rights. many consumers are delaying booking their vacation tickets because of the increasingly widespread spread of the corona virus. this situation causes the government to act by providing policies to overcome the problem. the corona virus also has a huge impact on the tourism sector. data from the central statistics agency (bps) shows that tourists from china reached 2.07 million people in 2019, which covered 12.8 percent of the total foreign tourists throughout 2019. the spread of the corona virus causes tourists visiting indonesia to decrease. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 89 tourism supporting sectors such as hotels, restaurants and retail entrepreneurs will also be affected by the corona virus. hotel occupancy has decreased by 40 percent which has an impact on the continuity of the hotel business. the lack of tourists also has an impact on restaurants or restaurants, where most of the consumers are tourists. the weakening of tourism also has an impact on the retail industry. the areas where the retail sector is most affected are manado, bali, riau islands, bangka belitung, medan and jakarta. the spread of the corona virus also has an impact on the investment, trade, sector, micro, small and medium enterprises (msmes) and also because tourists who come to a destination will usually buy souvenirs. if there are fewer tourists visiting, the msme turnover will also decrease. based on data from bank indonesia, in 2016 the msme sector dominated business units in indonesia and many types of micro-businesses absorb labor. on the other hand, the corona virus not only has a negative impact, but can also have a positive impact on the indonesian economy. one of them with the occurrence of covid-19. bank indonesia will monitor global and domestic economic developments in order to keep inflation and external stability under control and to strengthen the momentum of economic growth. this was motivated by the very rapid development of technology that changed the global economic order towards a digital economy and finance. however, public participation in the economy, especially the youth, women and msmes, is deemed not optimal, so it requires efforts to open access to them in economic activities through the use of technology. as well as agreeing to implement and strengthen monitoring of global risks, especially those originating from covid-19, as well as to increase awareness of various potential risks and agree to implement effective policies in terms of both monetary, fiscal and structural. bank indonesia is trying to maintain the indonesian economy, in the midst of a shaken global economy. after the covid problem caused the indonesian economy to decline to 5% or will be approaching lower. and also the stock price index experienced a significant decline and also bumn companies suffered losses this year. and also the minister of finance has not been able to convey certain assumptions of economic growth this year , if the duration of covid-19 can be more than 3 months, then economic growth can reach the range of 2.5%. i mean taking this title because i saw the situation now being experienced by the indonesian people because of the covid-19 so that the indonesian economy has significantly decreased by 5 percent, so also in all sectors, namely health, trade and investment as well as tourism and msmes as well as small and medium enterprises as well as retail / marketing industry including all activities that involve selling goods directly to consumers . increase economic growth in indonesia. even president joko widodo issued economic policy packages, some of which are related to the industrial sector to drive the indonesian economy by empowering micro-businesses and increasing industrial competitiveness.2 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 90 the existence of an industry on a large or small scale industry will have a social, economic and cultural impact on the community around the industry.3 the economic impact that arises after the existence of industrial enterprises is the increase in community income and the opening of job opportunities. although the existence of industry is deemed important for improving the economy, industrial development in indonesia is not necessarily free without limits. the indonesian constitution has provided limitations related to the national economy as stated in article 33 paragraph (4) of the 1945 constitution of the republic of indonesia which states that, "the national economy is organized based on economic democracy with the principles of togetherness, efficiency with justice, sustainability, environmental insight, independence, and with maintain the balance of progress and national economic unity. " the article emphasizes that the economy, in this case the existence of industrial businesses, must be environmentally sound. industry is required to be able to process industrial business waste so as not to pollute the environment. one of the government's efforts to direct certain activities and to prevent harm to the environment is by issuing permits.6 every person or business entity wishing to build an industrial business must have a permit, including a license regarding industrial business license. the instrument for industrial business licensing is the result of the actualization of the objectives of the industrial business licensing legislation that if it is permitted then there is a guarantee from the licensing authority to create social welfare and if it is not permitted then the industrial business is deemed incapable of realizing social welfare. the covid-19 pandemic currently occurring inevitably affects various sectors. at the global economic level, the covid-19 pandemic has a very significant impact on the domestic economy of the nation-state and the existence of msmes. the organization for economic cooperation and development (oecd) report states that this pandemic has implications for the threat of a major economic crisis marked by the cessation of production activities in many countries, falling levels of public consumption, loss of consumer confidence, falling stock markets which ultimately leads to uncertainty. 1 if this continues, the oecd predicts a decline in output levels of between a fifth and a quarter in many countries, with consumer spending potentially falling by about a third.2 this prediction also threatens indonesia's national economy. the study made by the ministry of finance shows that the covid-19 pandemic has negative implications for the domestic economy, such as a decrease in public consumption and 1 “sme policy responses,” oecd 2020, diakses 23 april 2020, https://read.oecdilibrary.org/view/?ref=119_119680di6h3qgi4x&title=covid 19_sme_policy_responses. 2 oecd, ”sme policy responses.” http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 91 purchasing power, a decline in company performance, threats to the banking and financial sectors, and the existence of msmes.3 in the aspect of public consumption and purchasing power, this pandemic has caused a large number of workers to decrease or even lose their income so that it affects the level of consumption and purchasing power of the community, especially those in the category of informal workers and daily workers. most people are very careful about managing their financial expenses because of the uncertainty about when this pandemic will end. this has led to a decline in people's purchasing power for consumer goods and put pressure on the producer and seller sides. in the corporate aspect, this pandemic has disrupted the performance of companies, especially those engaged in the trade, transportation and tourism sectors. the social distancing policy which was later changed to physical distancing and working from or at home had an impact on the decline in company performance which was then followed by layoffs. there are even some companies that went bankrupt and finally chose to close their businesses. in the banking and financial aspects, this pandemic has raised fears of debt or credit repayment problems which in turn have an impact on the sustainability of bank performance. many creditors those who have asked for loosening of the limit and amount of debt and credit installment payments to the bank. not to mention that entrepreneurs have to pay attention to fluctuations in the rupiah exchange rate which will disrupt the production process, especially for companies that depend on imported raw materials. in addition, this pandemic has threatened to run away from foreign investment from indonesia which of course threatens the government's strategic projects. in the aspect of msmes, the existence of this pandemic has caused a decline in performance on the demand side (consumption and purchasing power of the public) which ultimately has an impact on the supply side, namely termination of employment and the threat of default on credit payments.in this pandemic situation, according to kemenkopukm there are around 37,000 msmes who report that they are very seriously affected by this pandemic, marked by: around 56 percent reported a decrease in sales, 22 percent reported problems in the aspect of financing, 15 percent reported problems with the distribution of goods, and 4 percent reported difficulty obtaining raw materials.4 based on the description above, the author is encouraged to do further research on "the impact of covid – 19 to the economy of indonesia " 3 yusuf imam santoso, “menghitung dampak covid19 terhadap dunia usaha hingga umkm,” kontan.co.id, diakses 22 april 2020, https://nasional.kontan.co.id/news/menghitungdampak-covid-19terhadap-dunia-usaha-hinggaumkm?page=all. 4 riska rahman, “37,000 smes hit by covid-19 crisis as government prepares aid,” the jakarta post, 16 april 2020, https://www.thejakartapost.com/news/2020/04/16/37 000-smes-hit-by-covid-19-crisis-asgovernmentprepares-aid.html. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.thejakartapost.com/news/2020/04/16/37 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 92 2. research methods this study aims to determine the impact of covid-19 on indonesia's current economy. in this paper, researchers use library research, namely in the process of data collection, they do not need to go into the field directly but take various sources of reference that support this research. this research is a qualitative research type. data collection techniques are listening and recording important information in data analysis by means of data reduction, data display and conclusions in order to get a conclusive description about literature studies to be developed in this study and to validate the data using triangulation of data sources. 2. discussion the world health organization (who) explains that coronaviruses (cov) is a virus that infects the respiratory system. this viral infection is called covid-19. coronavirus causes common cold to more severe illnesses such as middle east respiratory syndrome (mers-cov) and severe acute respiratory syndrome (sars-cov). this virus spreads quickly and has spread to several countries, including indonesia. a person can catch covid-19 in various ways, namely: 1. accidentally inhaling saliva from sneezing or coughing from a person with covid-19 2. holding the mouth or nose without washing hands first after touching an object that has been splashed with the saliva of a person with covid-19 3. close contact with people with covid-19, for example touching or shaking in indonesia, the spread of this virus began on march 2, 2020, allegedly starting from an indonesian citizen who made direct contact with a foreign national from japan. this has been announced by mr. president jokowi. over time, the spread of covid-19 has increased significantly. this can be seen from the following data. currently there are 7,775 people infected with covid-19 in indonesia and 960 people who have died and 647 people who died, this teaches us to be careful in maintaining cleanliness and also obeying government regulations so that this pandemic ends quickly from our country indonesia. and when we see that the largest spread of covid-19 is on the island of java, here we can see that there is a lack of public awareness in responding to the pandemic or covid-19 that has occurred so that many people who still don't use masks still gather around the crowd not doing social distancing so there is a need for joint awareness. in order to support the government in preventing or stopping the spread of covid-19 to become more and more, but let's fight together so that it ends soon so that our lives can run as usual again. lately, covid has become a major concern of the indonesian nation because of the problems it continues to cause.there are many losses caused by covid-19 which have an impact on the indonesian economy.the economic development of a country is basically aimed at achieving the prosperity of the people through high economic growth and equitable income distribution. this is in contrast to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 93 the situation in indonesia in 1997/1998 where the crisis which was originally the exchange rate then developed into a banking crisis, which spread to social and political crises that had major consequences for the indonesian nation. the high rate of inflation at that time caused a decrease in people's purchasing power, especially for low-income groups. affects the interest rate, and the consumption function, so the quantity of money gives rise to a change in overall demand. this is done by curbing the budget, regulating the banking sector, and restoring the market economy so that the economy will be stable, a free market economic system makes people free to do their best for themselves where the foreign exchange system is too free without strict supervision, allowing the flow of capital to flow. free entry and exit. this is one of the causes of the prolonged crisis. in addition, the cause of the crisis is the weakness of the banking system in indonesia. regarding this, there are several important things seen from the indonesian economy in the first 1997-2000, a group that said that the crisis was caused by external factors, namely the rapid change in money market sentiment which caused financial panic. the group said that the crisis arose because of structural weaknesses in the national economy, in the financial and banking systems. (djiwandono, 2001) named the first group as internationalists, while the second group as fundamentalists. apart from that, a third group of new fundamentalists was also identified, namely those who saw the arrangement and structural problems in the financial sector as the cause of the crisis. in the case of indonesia, it is a combination of two elements that occur simultaneously, where the external element is in the form of financial panic and the weakness of the national economy both in the banking and real sectors. these two factors influence each other where when external turmoil occurs, a weak national economy is very susceptible to negative impacts resulting in turmoil. what happened in a short time turned into the current economic crisis that is being felt by our country. one example is a trader who used to sell in crowded places such as markets became unable to sell, because currently the market is being closed to reduce the spread of the corona virus. as a result, the traders do not have a steady income because people have to keep fulfilling their daily needs with the existence of covid-19, people find it difficult to fulfill their daily needs. adhered to by indonesia. covid-19 has had a negative impact on the economy of people in indonesia. the economic system is a system used by a country to allocate its resources to both individuals and organizations in that country. but since the existence of this pandemic, the country has had an economic crisis which is estimated to be weaker from previous years, even according to the minister of finance that economic growth can be depressed to a level of 2.5% to 0%, this can happen when a good prevention strategy is not implemented. and it is right to overcome this, and now the country has added intensive health workers by 20% and the number of health sectors by 6.1 trillion and also at this time and also this is a concern for the global economy at this time http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 94 including asean countries because the minister of finance said that in a meeting with the governor of the bank and the ministers of finance in asean to discuss coping strategies to maintain the stability of the global economy which is currently being threatened because covid-19, including the national economy, has also experienced the impact of covid-19. 19 at this time and in the meeting, it was conveyed how the global economy responded to this covid because it became a special concern at this time. during the meeting, he also explained how to look for vitamins or drugs to prevent covid-19, but currently there is no cure for covid-19. and now for us to know together that the things that we will handle at this time are using which priority scale is important according to what the president said that the main focus is health but also other sectors are also considered and are not left behind because they support each other and that is what is being done indonesia is the first asian country capable of issuing global bonds (debt securities) since the existence of covid-19 and aims to maintain safe financing and increase foreign exchange reserves for indonesian banks this shows that there is still confidence in the global financial market in managing prudent apbn policies and sound macro policies. state and to safeguard the country in facing various tough challenges such as the one currently occurring, namely the threat of covid-19. the impact experienced by the current economic sector is : 1. for workers who were laid off and who were laid off, more than 1.5 million, ". of this number, 90 percent were laid off and 10 percent were laid off. a total of 1.24 million people are formal workers and 265 thousand are informal workers. 2. furthermore, the second impact, the pmi manufacturing indonesia contracted or fell to 45.3 in march 2020. in fact, from the last figure, namely august 2019, pmi manufacturing was still at the number 49. the pmi manufacturing shows the performance of the manufacturing industry, both in terms of production, new orders, and employment. 3. third, imports in the first quarter of 2020 fell by 3.7 percent year-to-date (ytd). 4. inflation / price increases in general and continuously in march 2020 reached 2.96 percent year-on-year (yoy). this inflation was contributed by the price of gold jewelery and several food commodities. 5. fifth, 12,703 flights at 15 airports were canceled during january-march 2020. the details are 11,680 for domestic flights and 1,023 for international flights. 5. tourist arrivals fell to 6,800 per day, especially tourists from china. 6. seventh, the figure of lost revenue in the air service sector reaches rp. 207 billion. around rp. 4.8 of which was contributed from flights to and from china. 7. decreased occupancy / placement on 6 thousand hotels decreased by 50 percent. in addition, said sri, minister of tourism and creative economy wishnutama also estimated that the potential loss of tourism foreign exchange could reach half of last year. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 95 4. conclusion it can be concluded that the main objective of this analysis is to see the impact of covid-19 on the indonesian economy at this time which is more comprehensive from various alternative scenarios for handling the covid-19 pandemic, in this case the minimal intervention scenario, the strong intervention scenario (e.g. through social restrictions on a scale large effective); and a strong intervention scenario coupled with fiscal stimulus. a combination of simple benefit cost analysis ,. the results of the analysis conclude that it is true that strong interventions to minimize the spread of the covid-19 virus can reduce economic growth more severely than the minimal intervention scenario. however, this conclusion is based only on variables, namely economic growth, which, of course, is not the only important economic factor in economic analysis. second, different conclusions are obtained in the long-term context, where long-term economic growth can be more depressed if the scenario is minimal intervention. it can be concluded that a loss the economics of the strong intervention strategy (much lower suppression than the minimal intervention scenario economic loss from mortality. there are, of course, many imperfections in this analysis. the results are likely to be sensitive to the assumptions used. further studies, or more formally, of course require sensitivity analysis of the assumptions and parameterization that has been carried out. however, in this article the author has tried to make assumptions as plausible as possible and also rely on credible references. criticisms and suggestions for improvement of this analysis will be welcomed with open arms and appreciation. then, this analysis is also not intended to predict what will happen. there is too much uncertainty in this stage of the covid-19 crisis and information is changing rapidly. however, hopefully this analysis can provide a more complete picture of how the economic aspects should be placed in choosing the best strategy in managing policies in the era of the covid-19 crisis which is still ongoing. the current point of view of the indonesian economy as well as economic growth, people's incomes, especially in the short term, are not the only determinants of welfare. human life and health also have high economic value which, if not properly assessed, can cause greater economic losses in the long term when covid-19 ends. suggestions of course for the economy are very important as the implications of the suppression strategy can be partially dampened by fiscal stimulus. however, as discussed in this article, therefore we, together with the government, must best protect the economy from the impact of covid-19. indonesia can do this because it has a social protection system that is relatively advanced compared to other developing countries. let's join hands together to maintain our economy, don't be selfish because now cooperation is needed so that the problems experienced by our nation can be resolved properly and together comply with the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 96 orders of the government so that covid-19 can end in time because when we do not comply, the pandemic will continue due to a lack of awareness to comply with government regulations. references https://www.thejakartapost.com/news/2 020/04/16/37000-smes-hit-by-covid-19crisisas-government-prepares-aid.html. https://www.kominfo.go.id, diakses pada tanggal 20 september 2017. https://percikaniman.id/2020/03/16/socialdistancing-adalah https://hbr.org/2020/03/what-coronaviruscould-mean-for-the-global economy atau https://www.travelweekly.com/ travel-news/travel-agent-issues/oxford economics-predicts-rapid-economic-recover. sri pudyatmoko, (2009). perizinan problem dan upaya pembenahan, jakarta: grasindo,. kramer, erik, (2020). cara mencegah virus corona. https://id.wikihow.com/mencegah virus-corona. rahman, riska. (2020). “37,000 smes hit by covid-19 crisis as government prepares aid.” the jakarta post. 16 april. suci, fellyanda, (2020). cerita lengkap asa mula munculnya virus corona di wuhan http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://www.thejakartapost.com/news/2 http://www.kominfo.go.id/ https://hbr.org/2020/03/what-coronavirus-could-mean-for-the-global%20economy https://hbr.org/2020/03/what-coronavirus-could-mean-for-the-global%20economy economy%20 https://www.travelweekly.com/travel-news/travel-agent-issues/oxford-economics-predicts-rapid-economic-recovery-post-coronavirus https://www.travelweekly.com/travel-news/travel-agent-issues/oxford-economics-predicts-rapid-economic-recovery-post-coronavirus https://www.travelweekly.com/travel-news/travel-agent-issues/oxford-economics-predicts-rapid-economic-recovery-post-coronavirus ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 104 granting assimilation and integration rights to prisoners (adults and children) in the center of the pandemic covid-19 muhammad nuh * , evi retno wulan faculty of law, narotama univercity surabaya e-mail: *nuhez79@gmail.com and evi.retno@narotama.ac.id abstract nowadays the community is not only researched by the spread of corona viruses, but the public must also be introof from crime action. crime phenomenon amid pandemic conditions, the culprit is mostly an inmate who get an assimilation program. the assimilation program itself is issued by the government through the ministry of justice and human rights. how not worried, the policy precisely raises the middle of the community, in the current conditions that are panicked with social insecurity. this is due to lack of supervision from the manager of the prison in the assimilation program so that many inmates who are not well qualified can get assimilation program, then the current economic conditions that carut -marut amid the pandemic corona virus or covid-19, unemployment is a lot, life is difficult so that the potential criminologinya very large. then no wonder a number of prisoners are revisit. based on the background above, this proposal can be formulated as follows: 1. is the granting of assimilation and integration rights to the convicts (adult and child) in the middle of the covid-19 pandemic already in accordance with the legislation? 2. is it necessary to add new rules governing assimilation and integration rights in the middle of the covid-19 pandemic? a) this research aims to know and analyze from the side of regulation, especially permenkumham no. 10 year 2020 on the release of convicts and children in the middle of the covid-19 pandemic, in order to prevent the transmission of covid-19 in correctional institution. b) the second purpose of the study is to know and analyze the government needs to issue specific regulations related to assimilation and integration rights in the midst of pandemic covid-19. keywords: criminality, pandemic, assimilation 1. introduction pandemi coronavirus disease (covid-19) has invaded the world. almost all countries are not separated from covid-19 including indonesia. in indonesia, covid-19 was first entered in early march 2020 with the announced 2 indonesians positive corona by the president of the republic of indonesia. since then day by day cases corona has always increased more and until mid-may the case of corona in indonesia has penetrated the figure above 20,000 positive covid-19. various policies to prevent the transmission of covid-19 have been issued by the government ranging from health protocols to large-scale social restrictions (psbb). prevention in the prison environment (prison) through the ministry of justice and human rights has issued policies by freeing up a number of convicts and children in correctional institutions. the policy is governed by the decree of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 105 the minister of law and human rights (kepmenkumham) number m. hh-19. pk. 01.04.04 years 2020. kepmenkumham number m. hh-19. 01.04.04 year 2020 governs the implementation of the production and release of prisoners and children through assimilation and integration. in making prisoners ' liberation policies related to corona outbreaks, the government established it through assimilation programs and integration rights. assimilation program is the process of coaching prisoners and children that are implemented by blending prisoners and children in society. based on article 14 of law no. 12 of 1995 on correctional mention that assimilation is one of the rights that prisoners can obtain. assimilation is given to convicts if it meets the requirements, which are wellqualified, can follow the coaching program well, and have undergone 1/2 (half) of its pidanage. this process of coaching is done by blending inmates with the community. the intent and purpose of assimilation is to prepare prisoners to return to live good community life. the right of integration is the granting of parole, free leave and conditional leave for inmates who commit criminal acts in addition to criminal acts of terrorism, narcotics and psychotropic drug precursors, corruption, crimes against state security and severe human rights crimes, as well as organized transnational crimes, or foreign nationals. the prisoner does policy in order to suppress the rate of spread of corona viruses is the authority of the indonesian government through the ministry of justice and human rights. it is based on the governance's concern for the spread of corona viruses in the prison. excess capacity in prison (overcrowded) is one of the reasons of government concerns. the number of prison and rutan in indonesia reached 528 with a capacity of 130.512 people. while the number of prison occupants reaches 269.846 people, it results in overcrowded% to 107% (prayitno et al., 2020). the phenomenon of excess number of prison occupants is due to the rate of increase in occupants not comparable to that of outgoing (muhammad, 2015). decree of the minister of law and ham number m. hh-19. pk. 01.04.04 the year 2020 is equipped with the minister of justice and human rights regulation number 10 year 2020 about terms of provision of assimilation and integration rights for prisoners and children in the framework of prevention and countermeasures spread covid-19, it is said that correctional institutions, children's special development institutions, and state detention houses are closed institutions that have high occupancy, are highly vulnerable to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 106 the spread and transmission of the covid-19. covid-19 has been designated as a nonnatural national disaster, it is necessary to do quick steps as a rescue effort against prisoners and prison-building residents in correctional institutions, child special development institutes, and state detention houses. the rescue efforts of prisoners and children in correctional institutions, children's special development institutions, and state detention houses, need to be carried out through assimilation and integration for the prevention and countermeasures of covid-19 deployments. the implementation of inmates and children through assimilation is carried out under the following provisions: 1. the convicts whose 2/3 period of criminal fell to 31 december 2020. 2. a child whose period 1/2 period of criminal falls to the date of 31 december 2020. 3. inmates and children unrelated to pp 99 year 2012, who are not currently undergoing a subsidiary and are not foreign nationals. 4. assimilation carried out at home. 5. a decree of assimilation is published by head of prison, lpka, and detention house. terms of granting assimilation and integration rights for prisoners and children in order to prevent and countermeasure the dissemination of covid-19, governed in regulation of the minister of law and human rights number 10 year 2020 (hereinafter called permenkum ham no. 10 year 2020). the requirements of inmates who can run assimilation programs and integration rights are those who have good deeds evidenced by not being subjected to disciplinary punishment within the last 6 months, actively following the program well and have undergone half the criminal period, as the provisions of article 2 paragraph (2) permenkum ham no. 10 year 2020. the government program to prevent the spread of covid-19 by freeing more than 30,000 inmates vulnerable to contracting due to overloaded the amount of the prison available, felt good and precise. but the liberation turned out to cause public concern. people worried about the release of inmates from the various crimes that ever committed, will do various crimes again. the worries of society are actually happening in various areas. head of criminal investigation agency (kabareskrim) polri general listyo sigit prabowo said "from the amount of data that was released by 38,822 prisoner, there are 27 napis that again commit crimes, (ansori, 2020). crimes committed by the former men http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 107 were mostly criminal acts of theft, but there were also criminal acts of sexual harassment and so on. crimes committed by the former men were mostly criminal acts of theft, but there were also criminal acts of sexual harassment and so on. 2. method research the type of research used in this thesis is normative research so that the method used is a method of legal research conducted to seek problem solving for legal issues and legal issues that exist, so the result of this legal research is to give a prescript ion about what should be applied to the legal issues that are proposed and applicable in the practice of government law. peter mahmud marzuki stated that legal research is a process to find the rule of law, principles of law, and legal doctrines to answer the legal issues faced (ansori, 2020). 3. results and discussion correctional institution in indonesia correctional is an activity to undertake the construction of correctional community (wbp) based on the system, institutional and way of coaching which is the final part of the scanning system in the criminal justice (article 1 act no. 12 year 1995 on correctional). correctional is a therapeutic process, where prisoners at the time of correctional institution feel in a state of disharmony with the surrounding community. the prisoner coaching pattern is a way of treatment of inmates who are required by the correctional system in order to achieve the goal, namely that the return of convicts can behave as a good and useful community member for himself, society and the country. the construction of prisoners also has the meaning of treating a person with convict status to be built to rise to be a good person. thus, the need to be built is the person and the character of the inmates to revive his confidence and can develop his social function with a sense of responsibility to conform in society. construction system in correctional institution a) correctional system inhumane treatment of inmates has long gained the attention of the countries of the world. various prison renewal efforts in order to improve inmates ' treatment have been conducted. early imprisonment of prison was conducted by countries in europe and the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 108 united states thanks to 22 influences of beccaria and john howard's mind on humanity and the principle of proper treatment of inmates (widjojanto, 2004). in order to realize the goals of the criminal renewal universally, united nation organized (uno-pbb) in 1955 held a congress i on "the prevention of crimes and the construction of the perpetrators of criminals". the final result of the congress receives and approves the standard minimum rules for the treatment of prisoners (ecosoc resolution 663 c xxxiv) (purnomo, 1986). the renewal began in 1964 based on the views and dr. saharjdo, the change began by converting the prison system into a correctional system. with this correctional system developed the humanitarian principle that formulated in 10 correctional principles as the principle used in treating prisoners (purnomo, 1986). b) construction system the correctional institution as well as a place of eas also serves to implement a coaching program against the prisoners, which through the program is expected the prisoners in question after returning to the community can be a useful citizen in the community. coaching is an activity to improve the quality of steadness to the almighty god, intellectuals, attitudes and behaviors, professionals, physical and spiritual health prisoners and prisons. as a program, the construction carried out through several phases. construction conducted under circular letter no. kp. 10.13/3/1 dated february 8, 1965 about the correctional as the process, then the construction is carried out through four (4) phases as a unified process of integrated processes, namely (bisri, 2007). correctional is a continuous process, so the process is materialize through the following stages: 1. the first stage against inmates who entered the penitentiary conducted research to know the symptoms of matters concerning themselves including: the reasons for which he was committing offense and all information about him that can be obtained from his family, former employer or superiors, work mates, the victim of his actions, and other agencies who have handled the matter. the construction of this stage is called early stage development, where the activities of observation period, research and development of personality and independence that time from the time of the concerned status as convicts up to 1/3 period http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 109 of pidananya. the construction of this stage is still done in the lapas and maximum surveillance (maximum security). 2. the second stage if the construction of inmates has lasted 1/3 from the actual criminal period according to the correctional observer team has achieved considerable progress, such as showing improvement, discipline, and adherence to the rules of conduct that apply in the institution. therefore, the prisoners are given more freedom to be placed in prison through the supervision (medium security). 3. third stage if the construction of prisoners has been spent half of the actual criminal period according to the correctional observer team (tpp). having achieved considerable progress, both physically and mentally and also in terms of skills, the container of the construction process is expanded by assimilation which the implementation consists of two parts, which is the first time started since the end of the initial stage up to 1/2 (half) of the pidananya. at this stage the construction is still carried out in the prison and its supervision has entered the level (medium security). the second phase begins from the end of the first extended period up to 2/3 (two-thirds) of its pidanera. in this advanced stage inmates have entered the assimilation stage and can subsequently be given conditional liberation or free time leave with minimum security supervision. 4. fourth stage after the construction process has undergone 2/3 from the actual criminal period or at least 9 months, then this construction has entered the final stage, namely the activities of the planning and implementation of the integration program which began since the end of the advanced stage until the end with the effect of the criminal period of the inmates concerned. the construction at this stage against eligible prisoners is given a free-time leave or parole and its construction is carried out outside the prison by the correctional hall (bapas) which is then called the correctional client. coaching is the granting of guidance to improve the quality of fear of the almighty godhead, intellectuals, attitudes and behaviors of the professional physical and spiritual healthcare client. it is then called correctional client mentoring. in conducting construction, there is a reference program that must be followed (kusworini, 2018). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 110 correctional institution functions in 1963, sahardjo in his speech to the inaugural doctorate of honoris causa at the university of indonesia made a new history in the world of indonesian prison. it is said that the convict was a lost person who had the time and opportunity to repent, which in his existence needed to get coaching. furthermore, the penance cannot be reached by punishment and torments, but with the guidance of a happy world hereafter. understanding the function of correctional institution presented sahardjo since it used the correctional system as a method of coaching prisoners, there is clearly a change in the function of correctional institution that occurs where the retaliation to change as a construction site. in its journey, the form of construction applied to prisoners (the construction pattern of convicts/prisoners 1990 judicial management) includes: 1. the development of direct interaction is a family between the builder and the built. 2. persuasive guidance is to try to change the conduct through the 3. coaching plan, continuous and systematic 4. coaching personalities covering consciousness based, nation and state, intellectual, intelligence, legal awareness, skill, mental spiritual. the aim of coaching prisoners offered is consciousness (consciousness). to gain consciousness in one's self, then one must know oneself. the self-turning person turns someone to manso better, more advanced, more positive. without knowing yourself, it is too difficult and even impossible someone will change oneself (harsono, 1995). the duties of correctional institution the duties of correctional institution include: 1). conducting convicts or protégé 2). perform guidance, prepare the means and manage the work of 3). to conduct social or spiritual inmates/students 4). to perform security maintenance and correctional order. prisoners ' rights and obligations the correctional system in addition to the purpose of returning the prison community as a good citizen also aims to protect the public against the possibility of a criminal offence by the prison community, and is an application and an integral part of the indigo-value contained in pancasila. according to the principles for the protection of any person who is in any form or imprisonment (body of principle for the protection of all http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 111 persons under any form detention of imprisonment) issued by the united nations general assembly on 9 december 1988 with resolution 43/173, no restriction or breach of any human rights of persons under the form of detention or imprisonment, arrest, detention or imprisonment shall be made in a humane manner and in respect of the inherent dignity of the human being. no one under any form of detention or imprisonment can be subjected to abuse or abuse, inhumane or punishment of humiliating. legal basis for assimilation while pandemic covid-19 the government imposed a number of special policies for the prevention of the covid-19 deployments, including the handling of prisoners or correctional people (wbp). addressing this government through the ministry of law and ham issued regulation of the minister of law and human right no. 10 of 2020 about the terms of assimilation and integration rights for prisoners and children in the framework of prevention and countermeasures the spread of covid-19 as well as the decree of the minister of law and ham number m. hh-19. pk. 01.04.04 year 2020 about the expenditure and release of prisoners and children through assimilation and integration in order to prevent and countermeasure the spread of covid-19. regulation and decree of the minister followed by the issuance of circular letter of the director general of correctional letter no. pas 497. pk. 01.04.04 year 2020 about the expenditure and release of prisoners and children through the assimilation and integration in order to prevent and countermeasure the distribution of covid-19 and also circular letter of the director general of correctional number: pas-516. pk. 01.04.06 years 2020 on the mechanism of implementation of regulation of the minister of law and human rights number 10 year 2020 about terms of provision of assimilation and integration rights for prisoners and children in the framework of prevention and countermeasures spread covid-19. government policy through kepmenkumham no. m. hh-19. pk. 01.04.04 years 2020 on the expenditure and release of prisoners and children through the assimilation and integration in order to prevent and countermeasure the distribution of covid-19, and circular letter ditjenpas no. pas-497. pk. 01.04.04 about the same thing is motivated by the recommendation of the world health organization (who), united nations office on drugs and crime (unodc) and several other institutions, which the recommendation is not only addressed to indonesia only, but to all countries in the world(ansori, 2020) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 112 due to assimilation and integration rights of convicts and children while pandemic covid-19 according to article 1 figure 7 law no. 12 of 1995 on correctional, the definition of prisoners is the convicted who undergo criminal loss of independence in prison. a person who is undergoing imprisonment or confinement means the right to his freedom is being taken. in the implementation of prisoners not only undergo punishment, but also undergo rehabilitation, which is one of the purposes of pipetting. this is the case in the consideration of the letter c law no. 12 of 1995 on the correctional that the purpose of the correctional system is to be the correctional citizen to realize the mistake, improve, and not repeat the criminal act so that it can be received back by the community, can actively play a role in development, and can live reasonably as a good citizen and responsible. the prisoner's liberation is not without consequences (roesli et al., 2017). the freed prisoners will repeat the actions even though they are not yet completed through the sentence. a full period of unguided punishment resulted in the unachievement of the purpose of pemidanaan, namely rehabilitation and deterrent effects, and not fully implemented. it is potentially a former convict that is not ready to integrate and assimilate back into society. the unpreparedness can be a trigger for ex-convicts to re-commit crimes for their survival. more in the time of the covid-19 pandemic the government is implementing large-scale social restriction (psbb) that restricts human movements for activities and also for work. because psbb is increasing the unemployment rate because of the many workers in the layoffs, many employees who are hosted or at least the hours are reduced to reduce revenues. this makes the economy paralyzed. the implementation of psbb aims to prevent the transmission of more viruses, not only the health crisis, but also the economic crisis. prisoner and child exemption reviewed from indonesia's positive legal perspective provision of assimilation and integration rights to prisoners and children in the middle of the covid-19 pandemic are taken on the grounds that the condition of the prisoner cell is crowded, narrow, and very unworthy. in one cell is filled with dozens of people and its position is equal to one another. at the time of the interview of the covid-19 pandemic, it is considered very risky for the missionaries, because the chances of transmission between each fellow prisoner becomes very easy and widespread. prisoner exemption policy in the middle of the covid-19 pandemic through the granting of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 113 assimilation and integration rights contained in permenkumham no. 10 year 2020 about the prevention and countermeasures in the middle of the covid-19 outbreak according to the authors is a less precise step. normatively, assimilation is set forth in article 1 paragraph (7) of law no. 12 of 1995 concerning correctional, i.e. a process of coaching convicts and correctional students that are carried out by blending convicts and prisons in community life. soerjono soekanto interprets assimilation as a social process characterized by the efforts to reduce the differences between individuals or human groups and also include efforts to enhance the unity of follow-up, attitudes and mental processes with regard to interests, common goals (soekanto, 2002). 4. conclusion based on the explanation in the previous chapter, in this chapter can be given the conclusion related to the discussion of prisoners ' exemption through assimilation program and integration rights in the middle of pandemic covid-19 concluded as follows: in issuing a regulation should be adjusted to the development and legal needs in the community, when the purpose of the establishment of the policy is to ensure prisoners are spared from the exposure of covid-19 due to the overcrowded prison condition, precisely if it is applied will be the opposite, because it can be said to be less likely the spread of covidanother effort that can be done in addressing that is to implement a restorative justice system, to circumscribe the area around the prison, to limit the current schedule and the strict examination of the convict condition, especially the covid-19 test to all prison residents. the implementation of prisoners ' liberation policy in the middle of the covid-19 was not yet effective to be implemented in indonesia, nor was it necessary to issue new regulations related to convicts. the policy of freeing convicts amid the covid-19 is a less precise step and is a policy that is only a temporary solution. instead of being a way out of a problem instead of backfires that hurt society even the government itself. seeing from the conditions that may occur due to prisoners ' release may pose a concern to the community in the event of a resistance phenomenon and also does not provide a guarantee on inmates who are free not to be exposed to the covid-19 virus. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 114 references ansori, m. h. 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(2017). authority of land procurement committee in the implementation of compensation for land acquisition. yurisdiksi: jurnal wacana hukum dan sains, 10(2), 46–59. soekanto, s. (2002). sosiologi. suatu pengantar. jakarta: raja grafindo persada. widjojanto, b. (2004). pengadilan korupsi: gagasan dan implementasinya. jurnal jentera, 6. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 208 legal protection against the consumer for unlawful actions conducted by business personnel asa prayoga jiwangga, tutiek retnowati faculty of law, narotama universty surabaya e-mail: asaprayogaj28@gmail.com abstract this study aims to determine and analyze the form of legal protection and the consequences of an illegal act committed by a business actor in violating an agreement and done intentionally. the research method in this study uses a normative research method and uses the statute approach method (statutory approach) and the conceptual approach (concept approach). the result of this study is that legal protection is one of the legal certainties that is in the spotlight of the indonesian government so that indonesian citizens can carry out normal activities in the community without fear of an act that is detrimental to them. legal protection for consumers is a reference for the government in reducing arbitrary attitudes by businesses and consumers. as evidence of the government's efforts to protect consumer rights, law number 8 of 1999 concerning consumer protection or commonly abbreviated as the consumer protection act was born. one of the actions that often occur as a result of arbitrary attitudes committed by business actors is an act against the law as stipulated in article 1365 of the civil code. as a form of legal protection, sanctions or compensation for the consequences of unlawful acts is applied. the application of sanctions or compensation is not formulated in article 1365 of the civil code, but the application of sanctions or compensation is applied through a district court decision. keywords: consumers, consumer protection, actions against law.. 1. introduction currently the house is one of the most important residential objects in human life. today's human dream is to own a house in a residential area. therefore, currently many companies / business actors sell housing. business actors in the residential property sector are called developers. in marketing, many developers give promises to consumers to provide complete public facilities. this happened in sukoharjo regency. housing named waru surya indah housing which was developed by pt markis surya indah. the plaintiffs are consumers of the defendant as the developer of the waru surya indah housing located in waru village, baki district, sukoharjo regency, and have fulfilled their payment obligations through the state savings bank home ownership credit (kpr-btn) facility. the waru surya indah housing was offered by the defendant to the plaintiffs since 1995, given several facilities including public facilities in the form of places of worship as referred to in the site plan in the decree of the regent of the head of the sukoharjo region number: 503/1158 / x / 1995 concerning a building permit in the sukoharjo district of dati ii which was stipulated on october 30, 1995 and the proposal made by the defendant. then, in 1999 the plaintiffs wanted to take advantage of the public facilities provided by the defendant to build a place of worship in the form of a mosque, then the plaintiffs asked for the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 209 waru surya indah housing site plan from the public works office of sukoharjo regency housing sector to be attached to the development proposal. according to the site plan in the decree of the regent of the head of region ii sukoharjo number: 503/1158 / x / 1995 regarding the bangungan permit in sukoharjo regency which was stipulated on october 30, 1995 and the site plan of the housing sector public works office of sukoharjo regency, the location of public facilities in the form of a place of worship for the waru surya indah housing provided by the defendant are: the object of the dispute is the housing of waru surya indah which is located at or is located in waru village, baki district, sukoharjo regency, central java province, with an area of ± 210 square meters, with the following boundaries: north side: road south side: road west side: empty land east side: housing street after checking in 1996, it turned out that the object of the dispute promised by the defendant in the brochure and site plan for the permit from the sukoharjo regency government, which was originally used for public facilities, was also issued by the defendant 2 (two) building use rights certificates in the name of pt markis surya indah. the defendants, namely: building rights certificate number b. 114, building rights certificate number b. 115. each of which becomes ± 105 square meters of land. as a result of the defendant's act of transferring the object of the dispute and the act of the defendant in issuing a certificate of the object of the dispute into building use rights on behalf of the defendant's pt markis surya indah, it is detrimental to the plaintiffs as consumers of the waru surya indah housing address or located in waru village, baki district, sukoharjo regency, java province. middle. because of this loss, the consumers of the housing eventually filed a class action. from this case, the writer wants to prove that there is an element of illegal action (onrechtmatige daad) and a form of legal protection for consumers. 2. method research this research uses normative legal research methods. normative legal research or commonly known as library law research is a research conducted by examining library materials such as laws, government publications, books, dissertations, theses, journals, and others (novrianto et al., 2016). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 210 mukti fajar nd and yulianto ahmad stated that the definition of normative legal research is legal research that puts law as the norm. the meaning is regarding the principles, norms, rules of law, court decisions, agreements and doctrine (teachings) (fajar, 2010). 3. results and discussion sale and purchase agreement buying and selling is an activity that is often carried out by every human being. in life in this world, humans get clothing, shelter and food needs by buying and selling. without realizing it, when through the sale and purchase, humans are doing legal actions, namely agreements. basically, an agreement is not bound to any particular form, the agreement can be made verbally and if the agreement is made in writing, the agreement has the character of evidence in the event of a dispute or dispute (nurhidayati, n.d.). for some agreements, the law specifies certain forms and when the form is not complied with, then the agreement is declared invalid (bormann & likens, 1967). according to article 1320 of the civil code, in order for an agreement to be valid, the legal conditions in the agreement must be fulfilled, namely: 1) there is an agreement; 2) the competence of the parties in making an alliance; 3) a certain thing; and 4) a cause (causa) which is lawful. the agreement in the transaction of sale and purchase agreement is considered valid according to law if the "sale and purchase" of the object and its price, even though the goods have not been delivered and the price has not been fixed or in other words there has been no transfer of rights and obligations. (elucidation of article 1458 of the civil code) (anggraeni & rizal, 2019). everyone is required to speak to form an alliance, unless otherwise provided by law. the people who do not speak in making an agreement are the minors and / or those who are under the jurisdiction. (articles 1329 1331 civil code). the law stipulates that there are some things that can not be the object of an agreement. these objects are objects used for public interest. whereas according to article 1320 of the civil code, an agreement must have a specific object or at least can be determined. these objects can be in the form of objects that exist now and will later tone in the future (article 1332 1335 civil code). in order for the agreement to be declared valid, then the law requires a cause. the law itself does not provide an understanding of the cause or purpose of the cause. through this condition, in practice, the judge can oversee the agreement. the judge can determine whether the content of the agreement is not contrary to law, public order, and decency (articles 1335 1337 civil code). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 211 every agreement has legal consequences. article 1338 of the civil code states some of the consequences of an agreement, namely: (1) all agreements duly made take effect as a law for those who make them. (2) this agreement may not be revoked, except by agreement of both parties or for reasons reasoned by law to be sufficient for that purpose. (3) the agreement must be executed in good faith. as a result of the agreement described in paragraph (1) gives birth to what is mentioned in paragraph (2), that is, an agreement can not be withdrawn unilaterally, unless there is an agreement between the parties (both). whereas in sentences (1) and (3) there is a basis for a balanced position between the two parties. it cannot be denied that a covenant occurs must be based on the principles of a covenant. the principle is the head or foundation of the creation of a law. a legal principle is not a rule, scholten said that law would not be well understood if it did not contain principles (doch geen rechts is te begrijpen zonder die beginselen) (badriyah, 2012). in the law, the sale and purchase agreement, especially the sale and purchase of housing between the developer and the consumer of housing, must be based on the principle of good faith in the agreement (article 1338 paragraph (3) of the civil code). an agreement in the process of buying and selling housing occurs as a result of promises from the developer to give something when consumers want to buy housing. the promises that the developer says must be kept when the agreement becomes valid. the developer offers promises usually in a brochure. any form of offer or promotion in a brochure is called the pre-agreement stage. if an agreement is based on the principle of good faith, the developer will keep the promises made during the pre-agreement stage. therefore, it cannot be denied that disputes often occur in the sale and purchase of housing. consumer disputes that occur in housing sale and purchase agreements are usually illegal acts. act against the law actions against the law are contained in article 1365 of the civil code, however the article does not write about the meaning and formulation or amount of compensation that must be given by business actors who commit an act against the law. initially, the definition of violating the law was only interpreted in a narrow manner, namely an act that violated the law. however, then hoge raad in the quite famous case lindenbaum against cohen expanded the notion of breaking the law not only acts that violate the law, but also every act that violates propriety, prudence, and decency in human relations and against property. other people (prayogo, 2016). to state whether that person can be categorized as committing an act against the law, it can be seen from whether the person has fulfilled the elements of an act against the law. actions against the law (onrechmatige daad) in question are actions against the law in the civil sector. because an act against the law or commonly called a criminal offense has very different meanings, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 212 connotations and arrangements. likewise for acts against the law committed by the authorities (onrechtmatige overheidsdaad) (fuady, 2014). munir fuady in his book entitled "actions against the law "states the elements of actions against the law, namely as follows: there is an act an act against the law begins with an act of the perpetrator. in general, the acceptance of the assumption that in action is meant here, either doing something (in the active sense) or not doing something (in the passive sense), the intention of not doing something is that someone has a legal obligation to do it (fuady, 2014). however the person does not fulfill the obligation. the act is against the law actions carried out by the perpetrator must be an act against the law. since 1919, the element against the law has been interpreted in a very broad sense, which includes: 1) acts that violate the applicable law. 2) actions that violate the rights of others. 3) actions that are contrary to the legal obligations of the perpetrator, or 4) acts that are contrary to morality (goede zeden), or 5) actions that are contrary to good attitudes in society which are useful for paying attention to the public interest. (indruist tegen de zorgvuldigheid, welke in het maatschappelijk verkeer betaamt ten aanzien van anders person of goed). there is an error from the perpetrator in order to be subject to article 1365 of the civil code on acts against the law, law and jurisprudence provide a condition that the perpetrator must contain an element of error (schuldelement) in committing the act. with the condition that there is an error (schuld) in article 1365 of the civil code, it means that the lawmaker emphasizes that the perpetrator of the illegal act is only responsible for the losses he has caused if the act of the loss deserves to be blamed on him. mistakes include an unlawful nature (wederrechtelijk heid). in the case of the conditions of guilt it must be interpreted in a subjective sense, then regarding a perpetrator in general it can be examined whether all of his actions can be blamed on him (fuady, 2014). an action can be considered to contain an element of error so that it can be held legally responsible if it meets the following elements: 1) there is an element of intent, or 2) there are elements of negligence (negligence, culpa), and 3) 3) there is no justifying reason or excuse (rechtvaardigingsgrond), such as overmacht, self-defense, insane, and so on. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 213 there are losses for victims the existence of a loss (schade) experienced by the victim is also one of the conditions so that a lawsuit based on article 1365 of the civil code can be imposed. the determination of compensation based on article 1365 of the civil code shows similar aspects to the determination of compensation for default, but in several ways it is different. the law does not regulate compensation that must be paid due to acts of unlawfulness, while what is contained in article 1243 of the civil code 1243 of the civil code contains provisions on compensation that must be paid as a result of default (djojodirdjo, 1979) there is a causal relationship between actions and losses the causal relationship between the actions that have been done and the losses that have occurred is also one of the conditions for an illegal act. for a cause and effect relationship, there are 2 (two) kinds of theories, namely the theory of factual relationships and the theory of approximate causes. factual causation (causation in fact) is only a matter of "facts" or what happens factually. in the law regarding acts against the law, this type of cause and effect is often referred to as the law regarding "but for" or "sine qua non" (fuady, 2014). furthermore, the latter, in order to be even more practical and in order to achieve the element of legal certainty and fairer law, was created the concept of "proximate cause". this type of cause and effect is a part that contains many conflicting opinions in the law regarding acts against the law. sometimes this type of cause is called a legal cause. a person cannot be prosecuted for having committed an illegal act if the act was committed during an emergency / noodweer situation; overmacht, the realization of personal rights, because of an employee order or an unforgivable misunderstanding. if the element of error can be proven in an act against the law, then the perpetrator is obliged to be responsible for the losses caused by his actions, but a person is not only responsible for the losses that have been caused by his own mistakes, but also because of the actions that contained errors that have been committed by people. which are the dependents, items under his control as well as his pets, as stipulated in article 1366 of the civil code up to 1369 of the civil code (hassanah, 2016). in the case of waru surya indah housing, where the developer is pt markis surya indah, the developer is considered to have committed an illegal act because the developer's actions are very detrimental to housing consumers. the developer is deemed to have violated article 4 of law number 8 of 1999 concerning consumer protection and violated article 1365 of the civil code. therefore, it is necessary to have legal protection for consumers in the face of a dispute. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 214 legal protection for consumers all people, either individually or in groups, under any circumstances will definitely become consumers of certain goods and / or services produced, offered and sold by business actors. legal protection is a protection for the rights of consumers both business actors, government or legal institutions in relation to the use and use of a product, goods and / or services, either based on an agreement or according to applicable laws and regulations and is useful for providing guarantees and legal certainty to consumers in accordance with the principles of consumer protection. consumer law is the whole of the legal principles governing the relationship and problems between various parties that are related to consumer goods and / or services in social life. consumer protection law is a part of consumer law which contains principles or rules which have regulatory nature and contain characteristics to protect the interests of consumers. in law number 8 of 1999 concerning consumer protection (hereinafter abbreviated as uupk), does not contain the meaning of consumer protection but contains the formulation of consumer protection in article 1 point 1 of the uupk, namely as "all efforts that guarantee legal certainty to provide protection. to consumers." therefore, when talking about consumer protection, it means questioning the guarantee or certainty of the fulfillment of consumer rights. consumer protection has a fairly broad scope covering consumer protection in obtaining goods and / or services, starting from the initial stage of activities to obtain these goods and / or services to the consequences of using these goods and / or services. there are 2 (two) aspects in the coverage of consumer protection, namely: 1) protection against the possibility of being handed over to consumers of goods and / or services that do not match what was agreed upon or can be said to violate the provisions of the law. in this connection, it includes issues in the use of raw materials, production processes, distribution processes, product design, and so on. 2) protection against the imposition of unfair terms imposed on consumers. this includes matters of promotion and advertising, contract standards, prices, after-sales service, and so on. this is related to the behavior of producers in terms of producing and distributing their products. in an effort to develop consumer protection, the government formed an agency called the national consumer protection agency (hereinafter written as bpkn). this is stated in article 31 uupk which reads "in order to develop consumer protection efforts, a national consumer protection agency is established." the term "developing" as contained in the article's article indicates that bpkn was formed as an effort to develop consumer protection as regulated in another article. , in particular regulating the rights and obligations of consumers and business actors, regulating prohibitions for business actors in running their business, regulating the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 215 responsibilities of business actors, as well as regulating the settlement of consumer protection disputes. this regulation on bpkn shows the seriousness of lawmakers in providing protection to consumers, which so far have only been used as objects for the production of goods and / or services by business actors. the point is that the various products that are made are more in favor of the interests of business actors and ignore the interests of consumers. for example, products that should not be fit for consumption, do not contain the composition in the label or label of the goods issued, do not meet quality standards and so on. so with the uupk, such goods and / or services are prohibited from being offered, promoted, advertised, let alone traded. this national consumer protection agency is domiciled in the capital city of indonesia and is responsible to the president (article 32 uupk). meanwhile, the function of the national consumer protection agency is stated in article 33 of the uupk which reads "the national consumer protection agency has the function of providing advice and considerations to the government in an effort to develop consumer protection in indonesia." if we look at the sound of the article, it can be concluded that the provisions of article 33 are general rules, which are further elaborated in article 34 which reads: (1) to carry out the functions referred to in article 33, the national consumer protection agency has the following tasks: a. provide rules and recommendations to the government in the framework of formulating policies in the field of consumer protection; b. to conduct research and study of the prevailing laws and regulations in the field of consumer protection; c. conduct research on goods and / or services related to consumer safety; d. encouraging the development of non-governmental consumer protection organizations; e. disseminating information through the media regarding consumer protection and promoting pro-consumer attitudes; f. receive complaints about consumer protection from the public, non-governmental consumer protection organizations or business actors; g. conducting surveys concerning consumer needs. (2) in carrying out the tasks referred to in paragraph (1), the national consumer protection agency may cooperate with international consumer organizations. the regulation on the functions of the national consumer protection agency is quite encouraging, given its strong position, namely as an agency directly responsible to the president. consumer protection as described above by the author is very important and has a big contribution considering the many consumer disputes in indonesia such as what happened in the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 216 case of the consumers of perumahan waru surya indah against pt markis surya indah. therefore, it requires the application of sanctions as a form of consumer protection for harmful actions, especially illegal acts committed by pt markis surya indah. application of sanctions as a form of legal protection for consumers for actions against the laws of business actors the case that has been described in the introduction, even though the case is about the consumer protection law, the case cannot be resolved through the consumer dispute resolution agency (hereinafter abbreviated as bpsk) considering that bpsk is a small and simple case settlement institution or small claim court institution. therefore, for cases where a class action lawsuit has to be resolved through the commercial court. as a form of consumer protection, the government not only establishes the bpkn, but also regulates the sanctions that can be obtained if business actors violate the provisions of the applicable laws. here the author will not write about the criminal sanctions that will be obtained, but about the administrative sanctions that can be obtained in the event of a consumer dispute, especially as an example of the case that the author describes in the introduction. the result of an illegal act is marked by the incurring of losses for the victim. the loss must be reimbursed by the party charged by law to compensate the loss. the forms of compensation that occur as a result of acts against the law known by law are: 1. nominal compensation; 2. compensantory damages; 3. punitive damages. nominal compensation is charged if there is a serious unlawful act such as an act that contains an intentional element, but does not cause real harm to the victim, then the victim is given a certain amount of money according to the sense of justice without calculating the actual amount of loss that befell the loss. compensatory damages is compensation which is a payment to the victim for damages that have actually been experienced by the victim as a result of an illegal act committed by the business actor. this compensation is usually called the actual compensation. punitive damages are compensation in large amounts that exceed the actual amount of losses. this unitive compensation is appropriate to apply to types of cases of deliberate action that are very heavy and sadistic. compensation for the consequences of this illegal act is contained in article 1365 of the civil code, which reads "every act that violates the law and brings harm to others, obliges the person who caused the loss due to his mistake to compensate for the loss." however, because the clause does not specify the amount of compensation or administrative sanctions that must be given by the business actor, the amount of compensation or administrative sanctions is applied based on a court decision. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 217 the administrative sanction contained in the case example in the introduction is to hand over and / or transfer the mosque facilities (public facilities) to the regional government of sukoharjo regency. so in order to fulfill the objectives of housing and residential areas, it is held to provide legal certainty based on the provisions of article 11 paragraph (1) and (2) regulation of the minister of home affairs number 9 of 2009 concerning guidelines for the submission of infrastructure, facilities and utilities for housing and settlements in the regions. it is obligatory for the developer to submit suggestions which are public facilities for the housing which he has sold for submission (naipospos et al., n.d.). 4. conclusion actions carried out by the developer can be categorized as illegal because they have fulfilled the elements. an action can be categorized as an act against the law if it fulfills the elements, namely as follows: a. there is an act. b. the act is against the law. c. there is an error on the part of the perpetrator. d. there is a loss for the victim. e. there is a causal relationship between actions and losses. so the conclusion is that if an action does not fulfill the elements as described above, then the action or deed cannot be considered as an illegal act. in terms of protecting consumers from an illegal act committed by business actors, law number 8 of 1999 concerning consumer protection (uupk) was made. from the consumer protection law, the national consumer protection agency (bpkn) was born. according to article 31 uupk, this national consumer protection agency was formed in order to develop consumer protection. this is in accordance with the article 31 uupk, namely "in order to develop consumer protection efforts a national consumer protection agency was established." there are three types of compensation that occur as a result of acts against the law, namely nominal compensation, compensatory damages, and punitive damages. refferences anggraeni, r. r. d., & rizal, a. h. (2019). pelaksanaan perjanjian jual beli melalui internet (ecommerce) ditinjau dari aspek hukum perdataan. salam: jurnal sosial dan budaya syar-i, 6(3), 223–238. badriyah, s. m. (2012). pemuliaan (breeding) asas-asas hukum perjanjian dalam perjanjian leasing di indonesia. yustisia jurnal hukum, 1(2). bormann, f. h., & likens, g. e. (1967). nutrient cycling. science, 155(3761), 424–429. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 218 djojodirdjo, m. a. m. (1979). perbuatan melawan hukum: tanggung gugat (aansprakelijkheid) untuk kerugian yang disebabkan karena perbuatan melawan hukum. pradnya paramita. fajar, n. d. (2010). mukti dan yulianto achmad. dualisme penelitian hukum normatif dan empiris. fuady, m. (2014). konsep hukum perdata. jakarta: raja grafindo persada. hassanah, h. (2016). analisis hukum tentang perbuatan melawan hukum dalam transaksi bisnis secara online (e-commerce) berdasarkan burgerlijke wetboek dan undang-undang nomor 11 tahun 2008 tentang informasi dan transaksi elektronik. jurnal wawasan yuridika, 32(1), 38–51. naipospos, b. t., hafsah, t. j., radjab, s. a., syarif, a., lestari, d. g., anggraini, d., octora, f., muamalsyah, k., salu, m., & syahputra, m. (n.d.). from stagnation to pick the new hopes. novrianto, m., syaifuddin, m., & novera, a. (2016). perlindungan hukum terhadap calon penumpang angkutan udara yang mengalami keterlambatan penerbangan. sriwijaya university. nurhidayati, t. (n.d.). tanggung jawab hukum pt prioritas land indonesia atas kerugian konsumen akibat wanprestasi dalam perjanjian jual beli apartemen. prayogo, s. (2016). penerapan batas-batas wanprestasi dan perbuatan melawan hukum dalam perjanjian. jurnal pembaharuan hukum, 3(2), 280–287. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 74 judicial analysis of banking criminal actions related to law number 10 of 1998 verdy isdiyanto, benny rory wijaya, agus hariyono, haidir rahman faculty of law, univesty airlangga surabaya e-mail: conk_verdy@yahoo.co.id; bennyturmudi_benny@yahoo.com; agus.hariyono2015@gmail.com; haidir.rahman.hr@gmail.com abstract banking has the main function as an intermediary, namely collecting funds from the public and channeling them effectively and efficiently to the real sectors to drive the development and stability of a country's economy, the bank bears a large reputation risk. banks must always maintain the level of trust of customers or the public in order to save their funds in banks, and banks can channel these funds to drive the nation's economy. banking criminal acts are basically acts against the law carried out, whether intentionally or unintentionally related to institutions, instruments and banking products, so that they cause religious and / or material mischief for the banks themselves or for customers or other third parties. various kinds of laws and regulations have been issued by the government in the context of overcoming mistakes, negligence, and intentional actions of these insiders. keyword: bankingcrime, licensing, bank secrecy. 1. introduction finance is a financial institution that has a role in the financial system in indonesia. the existence of the banking sector has a quite important role, where in the life of the community the role is greater than the banking sector. financial relationship between financial institutions and financial intermediaries between parties who have funds and those who need funds. financial institutions have a very strategic role in financial activities through their business activities raising public funds and channeling funds for productive and consumptive businesses, as well as being a determining direction for the formulation of government policies in the field of finance and finance in supporting national economic development, can be a place of deposit safe funds, places that are expected to be able to conduct financing activities for the smooth running of the business and trade world.1 the presence of banks is a provider of financial services that is related to the needs of the community to apply for loans or financing to banks. financing as an instrument is sometimes equated with debt or loans whose repayments are made in installments. so if someone needs a number of funds, they can apply for financing to the bank. banking products are actually required to meet the provisions contained in act number 10 of 1998 concerning banking, which includes 1 teguh pudjo mulyono, manajemen perkreditan bagi bank komersil, bpfe, yogyakarta, 2006, h. 56. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 75 compliance with prudential banking principles. law no. 10 of 1998 concerning banking defines banks as legal entities that collect funds from the public in the form of deposits and distribute them to the public in the form of credit and / or other forms in order to improve the lives of many people.2 banking has the main function as an intermediary, namely collecting funds from the public and channeling them effectively and efficiently to the real sectors to drive the development and stability of a country's economy. in this case, the bank collects funds from the public based on the principle of public trust. if the community believes in the bank, then the community will feel safe to save money or funds in the bank. thus, the bank bears a large reputation risk. banks must always maintain the level of trust of customers or the public in order to store their funds in banks, and banks can channel these funds to drive the nation's economy.3 the banking world, customers are consumers of banking services. the position of customers in relation to banking services is in two positions that can be alternated according to which side they are on. in terms of the mobilization of funds, customers who deposit their funds in banks either as depositors or depositors of securities, then at that time the customer is a bank creditor. whereas in terms of channeling funds, the borrowing customer is the debtor and the bank as the creditor. of all these positions, basically the customer is the consumer of the business actor who provides services in the banking business sector.4 customers according to law number 10 of 1998 concerning banking are parties who use bank services. in this law, this customer is divided into 2 (two), i.e.:5 a. depositing customers are customers who place their funds in a bank in the form of deposits based on a bank agreement with the customer concerned. b. debtor customers are customers who obtain credit or financing facilities based on sharia principles or are likened to a bank agreement with the customer concerned. for the sake of the creation of a healthy indonesian banking system, according to usman, banking activities must contain the principles of banking law as follows:6 a. the principle of economic democracy the principle of economic democracy is affirmed in article 2 of law no. 10 of 1998 concerning banking. the article states that indonesian banks in conducting their business are based on economic democracy by using the precautionary principle. this means that banking 2 lukman santoso, hak dan kewajiban hukum nasabah bank (yogyakarta: pustaka yustisia, 2011), hal. 31. 3 ibid, h. 13. 4 ibid, h. 14. 5 undang-undang nomor 10 tahun 1998 tentang perubahan atas undang-undang nomor 7 tahun 1992 perbankan, pasal 1. 6 lukman santoso, op.cit., h. 36-38. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 76 business is directed to implement the principles contained in economic democracy based on the pancasila and the 1945 constitution of the republic of indonesia. b. the principle of trust the principle of trust is a principle that states that a bank's business is based on a trust relationship between a bank and its customers. banks mainly work with funds from the public which are deposited with them on the basis of trust, so that each bank needs to continue to maintain its health while maintaining and maintaining public trust in it. c. principle of confidentiality the principle of confidentiality is a principle that requires or requires banks to keep all matters relating to finance and other matters of bank customers, which according to the norms of the banking world must be kept confidential. confidentiality is in the interests of the bank itself because the bank needs the trust of the people who keep their money in the bank. the public will only entrust their money to the bank or take advantage of bank services if the bank guarantees that there will be no misuse of the bank's knowledge about its deposits. thus, banks must hold firm bank customers' secrets. d. the principle of caution the principle of prudence is a principle which states that banks in carrying out their business functions and activities are required to apply the precautionary principle in order to protect public funds entrusted to them. this is stated in article 2 of law no. 10 of 1998 concerning banking that indonesian banks in conducting their business are based on economic democracy by using the precautionary principle. then it is also mentioned in article 29 paragraph (2) that banks are required to maintain the soundness of banks in accordance with the provisions of capital adequacy, asset quality, management quality, profitability, and liquidity, and are required to conduct business activities in accordance with the principle of prudence. banking criminal acts are basically acts against the law, either intentionally or unintentionally related to banking institutions, instruments and products, thus creating material and / or material misconduct for the banks themselves or for customers or other third parties.7 in general, crimes in the field of banking are crimes that are classified in the laws and regulations in the field of administrative law that contains criminal sanctions. the term crime in banking is to accommodate all types of unlawful acts related to activities in carrying out bank business. crime in the banking sector is one form of economic crime that is often committed by using banks as targets and means of activity in a mode that is very difficult to monitor or prove 7 anwar salim, tindak pidana di bidang perbankan, alumni, bandung, 2001, h. 14. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 77 based on banking laws. the most serious problem faced by the banking industry and bank supervisory agency is to supervise or know quickly the negligence or deliberate management of banks and or bank employees and or shareholders and or affiliated parties in committing mistakes or crimes, for example fraud and embezzlement committed. the forms of violations or legal crimes committed by management, bank employees and shareholders are often closely related to the responsibilities and management tasks of bank management in managing bank business activities, especially related to lending to debtors. lending to affiliates of the bank is often not accompanied by sound lending analysis, causing many bank funds not to return to the bank. types of criminal acts in the banking world are those discussed with:8 a. licensing (illegal bank crime) b. banking secrets c. banking business d. bank supervision and guidance this means that public funds entrusted to banks are misused by irresponsible people, so that banks and communities who entrust their funds suffer losses from the loss of these funds. bank indonesia, the government, and the police as law enforcement officials are required to work together to tackle various crime of theft of public funds at banks in indonesia. if the public no longer believes in law enforcement in indonesia in preventing and following up on various banking crimes in indonesia, it will also indirectly have an impact on people's trust in banks. various kinds of laws and regulations have been issued by the government in the context of overcoming mistakes, negligence, and intentional actions of these insiders. in article 49 paragraph (1) of law number 10 of 1998 concerning banking which states that members of the board of commissioners, directors, or bank employees intentionally : a. making or causing false records in books or in the report process, or in documents or reports on business activities, transaction reports or bank accounts. b. eliminating or not entering or causing not to be recorded in books or reports, or in documents or reports on business activities, transaction reports or bank accounts. c. altering, obscuring, hiding, deleting, or eliminating the existence of a record in a bookkeeping or in a report, or in a document or business activity report, transaction report or bank account, or deliberately changing, obscuring, deleting, hiding or damaging the bookkeeping records, threatened with imprisonment of at least 5 (five) years and a maximum of 15 years and a fine of at least idr 8 jonker, tanggung jawab yuridis bankir atas kredit macet nasabah (bandung: alumni, 2009), hal. 64. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78 10,000,000,000.00 (ten billion rupiah) and a maximum of idr 200,000,000,000.00 (two hundred billion rupiah). according to the explanation of article 49 paragraph (1) and paragraph (2) points a and b, the term for bank escort in that article has a different meaning. in the provisions of article 49 paragraph (1) and the provisions of article 49 paragraph (2) point a, what is meant by bank employees are all bank officials and employees, whereas in article 49 paragraph (2) point b, bank employees are defined as bank officials. has authority and responsibility regarding matters relating to the business of the bank concerned. the existence of false records in the books or in the process of reporting transactions or accounts of a bank and eliminating or not entering or not recording in the bookkeeping reports, as well as in transaction documents or bank accounts. this is the reason for the crime of money laundering. money laundering is a type of white collar crime or a white collar crime, where the crime of money laundering is a continuation of other crimes, which are usually committed by individuals, or corporations within the borders of a country or carried out across borders another region. 2. discussion criminal banking responsibility criminal responsibility means that every person who commits a crime or is against the law, as formulated in the law, then that person must be responsible for the actions in accordance with their mistakes. in other words, a person who commits a criminal act will be held accountable for the crime with a crime if he has a mistake, someone has a mistake when at the time of doing an act viewed from a community point of view shows a normative view of the mistakes made by that person.9 criminal liability is intended to determine whether a person can be held accountable for the criminal or not for the actions committed.10 thus, someone gets a criminal depending on duahal, namely (1) there must be an action that is contrary to the law, or in other words, there must be an element of unlawfulness so there must be an objective element, and (2) there is an element of wrongdoing in the form of intentional and / or wrong. negligence, so that actions against the law can be accounted for so there is a subjective element. criminal liability occurs because there has been a crime / act committed by someone. according to roeslan saleh, he said that in the sense of criminal acts did not include accountability. criminal acts only refer to prohibited acts. whether the person who has committed 9 moeljatno, 1993, perbuatan pidana dan pertanggung jawabannya dalam hukum pidana, jakarta: rinneke cipta, h. 41. 10 s.r sianturi, 1996, asas-asas hukum pidana indonesia dan penerapannya, cet. iv, jakarta: alumni ahaem-pateheam,h. 245. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 79 the act is then also convicted, depending on whether he did the wrong thing or not. if the person who committed the crime did indeed have a mistake, then of course he will be convicted.11 criminal liability is essentially a mechanism established by criminal law to react to violations of agreements to reject certain acts. sudarto said that a person's conviction is not enough if that person has committed an act that is against the law or is against the law. so even though the act fulfills the formulation of offense in the law and is not justified, it does not yet meet the conditions for imposing a criminal sentence. for criminalization there is still a need for a criminal sentence, that is, the person who commits the act has an error or is guilty. the person must be held accountable for his actions or if viewed from the point of his actions, his actions can only be accountable to the person.12 criminal liability refers to a criminal offense that carries out an act that is deemed to have committed a criminal offense specified in the act. seen from the point of occurring a prohibited act (required), a person will be liable if the act is illegal or rechtsvaardigingsgrond or (justification reasons). from the point of view of being responsible, only those who are "capable of being responsible" can take responsibility for their speech. criminal responsibility must pay attention that criminal law must be used to create a just and prosperous society with material and spiritual equality. the criminal law is used to prevent or cope with undesired actions. in addition, the use of criminal law facilities with negative sanctions must pay attention to the costs and the ability of the workforce of the relevant institution, so that there is no overloading of duties (overbelasting) in implementing them.13 criminal liability in criminal acts of bank licensing bank as an institution that runs its business on the basis of the trust given by the depositors, can at any time easily deceive the public through various criminal acts in the banking sector and other economic crime practices.14 the operational practice of a bank without a license is known as the "dark bank" and the bank will give an impact / a negative picture of the legitimate banking by licensing then this is one of the legal inhibiting factors in developing banks pursuant to article 48 of act number 13 of 1968 concerning the central bank, bank indonesia may request information from a business entity / legal entity that is suspected of conducting illegal business. illegal banks as referred to legally are not formal, but in general what is meant by illegal banks is a business similar to a bank but without the minister of finance's 11roeslan saleh, 1982, pikiran-pikiran tentang pertanggungjawaban pidana, jakarta: ghalia indonesia, h. 75. 12 mahrus ali, 1988, dasar-dasar hukum pidana dalam sudarto, hukum pidana i, badan penyediaan bahan-bahan kuliah, semarang: fh undip, h. 85. 13 moeljatno, op. cit., h. 23. 14 marulak, hukum pidana bank, pustaka sinar harapan, jakarta, 1995, h. 57. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 80 permission. bank-type businesses as long as they do not use the word "bank", so bank indonesia is concerned about which agency must carry out its supervision and management. if such an effort is expected to be detrimental to the community, then law enforcement officials (investigators) who are authorized to carry out countermeasures, cooperate with relevant institutions / agencies. the business of a bank in a bank is a practice of illegal banks within a bank. it is so called because there are bank businesses hiding inside the actual / legitimate bank, and the employee or official concerned acts as the main actor in the practice of the illicit bank. the illegal bank business is carried out in two ways as follows :15 a. an entity, company or individual carries out activities in the context of carrying out bank business without a business permit from the minister of finance. the operation of the business does not need to be carried out as a whole, as long as the entity, company or individual carries out activities similar to the operation of the bank which gives the nature of the business of the bank. these activities indicate that the entity, company or individual has operated a business similar to a bank b. a bank employee or other person opens an account in his name or in the name of another person or in a fictitious name, which account is used to collect funds from the community that receives a certain interest. collecting funds in the account is intended to be distributed again to people who need a loan of money (a third party) by means of the account holder withdrawing a check on the burden of his account, which checks are handed over to third parties who then disburse them. lending does not require convoluted formalities as stipulated in the regulations that apply in granting credit. in general, the interest charged on loans is higher than bank regulations. this type of illicit bank is known as "black bank".16 article 46 paragraph (1) of law number 10 of 1998 concerning banking mentions :17 "anyone who collects funds from the public in the form of deposits without permission from the chairman of bank indonesia as referred to in article 16, is threatened with imprisonment of at least 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least rp.10,000 .000,000 (ten billion rupiahs) and a maximum of rp. 200,000,000,000 (two hundred billion rupiahs) " article 46 paragraph (2) of law number 10 of 1998 concerning banking mentions :18 15 ibid. 16 ibid. 17 pasal 46 ayat (1) undang-undang nomor 10 tahun 1998 tentang perbankan. 18 ibid., pasal 46 ayat (2). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 81 "in the event that the activities referred to in paragraph 1 are carried out by legal entities in the form of limited liability companies, associations, foundations or cooperatives, the prosecution of such bodies shall be carried out either against those who give orders to carry out such acts or who act as leaders in such acts or against both" article 16 of law number 10 of 1998 concerning banking includes bank licensing matters, meaning article 46 of law number 10 of 1998 concerning banking constitutes a type of banking criminal act in the field of bank licensing.19 the acts referred to in article 51 are classified as criminal offenses, meaning that the actions referred to will be subject to a threat of a heavier sentence compared to if only as an offense. this is considering that banks are institutions that hold funds entrusted by the community to him, so actions that can result in damage to public trust in banks, which basically will also harm banks and the public, should always be avoided. by being classified as a crime, it is expected that more high adherence to the provisions in the banking act can be formed.20 according to abdulkadir muhammad, article 46 paragraphs (1) and (2) constitute a type of threat of corporate punishment. corporate crime is actually an organizational crime, occurring in the context of relationships between the board of directors, executives, and managers on the one hand and between the parent company, branch companies and subsidiaries on the other. the anatomy of corporate crime is very complex which leads to economic motives. corporate crime is generally portrayed by people of high social status by taking advantage of certain opportunities and positions and in a collective way with a smooth modus operandi, which is difficult compared to crimes committed by individuals.21 roeslan saleh who holds dualistic views distinguishes the conviction of an act by the conviction of a person committing an act, or distinguishes a criminal act from criminal liability or error in the broadest sense. the principle of geen straf zonder schuld is not absolutely valid, meaning that to account for the corporation does not always have to pay attention to the mistakes of the maker, but it is enough to base adagium res ipsa loquitur (the facts speak for themselves), because the reality in society shows that losses and dangers caused by corporate actions very large, both physical, economic losses, and social costs. besides that. the victims are not individuals, but also society and the state.22 19 ibid. 20 penjelasan pasal 51 undang-undang nomor 10 tahun 1998 tentang perbankan. 21 mahmud mulyadi dan feri antoni surbakti, politik hukum pidana terhadap kejahatan korporasi, sofmedia, 2010, jakarta, h. 23. 22 edi yunara, korupsi dan pertanggungjawaban pidana korporasi, citra aditya bakti, 2012, bandung, h. 64. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 82 violations of corporate obligations can be applied to the strict criminal liability doctrine according to the law or so-called strict responsibility, especially if the corporation conducts its business without permission, or the licensing corporation violates the conditions (conditions / situations) specified in the permit.23 establishing a legal entity as a criminal offense can be based on the criteria for carrying out the tasks and / or achieving the objectives of the legal entity. a legal entity is treated as an agent, if it is proven that the action concerned is carried out in the context of carrying out the duties and / or attainment of the objectives of the legal entity, also including in the case of people (company employees) who have actually carried out the actions by those concerned by doing it on their own initiative and contrary to instructions which are given. however, in the latter case it does not rule out the possibility of a legal entity filing an objection for the reasons for the absence of error in itself.24 in line with the principle of accountability of management according to their authority based on the statutes of the legal entity, in this case criminal liability is identified with what is regulated in civil law, specifically regarding acts of "intra vires" and "ultra vires". acts that are explicitly or implicitly included in the ability to act (legal entity) are acts of "intra vires", on the contrary every act performed outside the scope of the company's ability to act (outside the intent and purpose of legal entities) is an "ultra vires" action therefore not legal and does not bind the company. to find out how the formulation of the purpose and objectives of a legal entity, in practice it is seen in the usual / reasonable meaning and the act supports the business activities mentioned in the articles of association.25 criminal liability in criminal acts of bank confidentiality one thing that is interesting for anyone dealing with banks is the guarantee of the identity of the customer. this is understandable, because the banking business is a business of trust. in other words the customer is related to the bank, because the customer believes the bank will continue to uphold the norms in the banking business. one of the norms referred to is bank secrecy.26 as a business entity that is trusted by the public to collect and distribute public funds, it is only natural for banks to provide guarantee of protection to customers regarding the "financial condition of customers" which is commonly called "bank confidentiality". the principle of confidentiality (confidentiality) in matters of banking finance has been known for a long time. in 23 alvi syahrin, ketentuan pidana dalam uu no. 32 tahun 2009 tentang perlindungan dan pengelolaan lingkungan hidup, pt. sofmedia, jakarta, 2011, h. 68. 24 ibid. 25 m. hamdan, tindak pidana pencemaran lingkungan hidup, mandar maju, bandung 2000, h. 81. 26 sentosa, hukum perbankan edisi revisi, mandar maju, bandung, 2012, h. 30. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 83 medieval times, such provisions have been regulated in statutory regulations. the german empire, for example, at that time the principle of confidentiality was regulated in the civil code.27 the regulation on bank secrecy in the banking law is set out in article 1 number (28) which states that bank secrecy is everything related to information regarding depositing customers and deposits. from this understanding, it can be seen that normatively in the banking act not only regulates the subject or identity of the protected deposit customer, but everything that is related to customer deposits.28 it's just that in the banking act is not further elaborated, what is meant by everything related to information about depositors and deposits. article 40 paragraph (1) of the banking act only states that banks are required to keep information about the depositing customers and their deposits, except in the cases referred to in article 41, 41a, 42, 43, 44 and 44a of the banking law.29 the existence of provisions concerning bank secrets gives the impression to the public, that banks intentionally hide the unhealthy financial situation of debtor customers, both individuals and companies that are in the spotlight of the public. during this time the impression arises that the banking world is hiding behind the bank's secret provisions to protect the interests of its customers which is not necessarily true. however, if the bank really protects the interests of its customers who are honest and clean, then it is a necessity and proper.30 provisions regarding bank secrecy are very important for depositors and their savings as well as for the interests of the bank itself, because if the depositing customer does not trust the bank where he keeps his deposits, he certainly will not want to be his customers. therefore, as a financial institution that functions to raise funds from the public in the form of deposits, it is appropriate for banks to apply the bank's confidentiality provisions consistently and responsibly in accordance with applicable laws and regulations to protect the interests of their customers.31 in terms of the definition of "information about depositing customers and their deposits", "information" includes all data and information about the depositors' self and finances that are known to and recorded at the bank and must be kept confidential. this confidentiality is for the benefit of the bank itself which requires the trust of the people who save their funds in the bank. the public will only entrust the funds deposited in the bank or utilize bank services if there is a 27 rachmadi usman, aspek-aspek hukum perbankan di indonesia, pt. gramedia pustaka utama, jakarta, 2001, h. 153. 28 sentosa, op. cit., h. 32. 29 ibid. 30 hermansyah, hukum perbankan nasional indonesia (ditinjau menurut undang-undang no. 7 tahun 1992 tentang perbankan, sebagaimana telah diubah dengan undang-undang no. 10 tahun 1998, dan undang-undang no. 23 tahun 1999 jo. undang-undang no. 3 tahun 2004 tentang bank indonesia, serta undang-undang no. 21 tahun 2011 tentang otoritas jasa keuangan) (jakarta: kencana prenada media group, 2013), h. 131. 31 ibid., h. 312. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 84 guarantee to the customer that the bank will keep the information about the depositing customer and deposit, of course as long as it is not excluded by law.32 in the case of bank secrecy, the management acts within its authority but violates existing regulations or is beyond its authority. in a secret criminal act of a bank, the corporation cannot be held liable because in this case the bank is a victim of the management or employee's actions. 3. conclusion based on the explanation above, the writer concludes that: 1. in article 46 paragraphs (1) and (2) it is clearly stated that those who can be held accountable for the occurrence of criminal acts of illegal banks, namely those who carry out activities to collect funds without permission from the competent authorities and those who give orders to commit acts that or who acts as a leader in the act or both. with regard to criminal liability for criminal acts, bank licensing applies two forms of criminal liability, namely the management carries out a responsible management, and the bank commits a criminal offense, the management is responsible. 2. in the case of criminal offenses, it is necessary to separate banking criminal offenses from criminal offenses in banking due to the rise of persons who use banking facilities for primary crimes. if the issue of bank secrecy involves the banking person, the company is not responsible for its criminalization so that the banking crime is only bound to employees who commit banking crime. references abdulkadir muhammad,(2010). hukum perusahaan indonesia, citra aditya bakti, bandung. alvi syahrin,(2011). ketentuan pidana dalam uu no. 32 tahun 2009 tentang perlindungan dan pengelolaan lingkungan hidup, pt. sofmedia, jakarta. anwar salim,(2001). tindak pidana di bidang perbankan, alumni, bandung. edi yunara,(2012). korupsi dan pertanggungjawaban pidana korporasi, citra aditya bakti, bandung. hermansyah, hukum perbankan nasional indonesia (ditinjau menurut undang-undang no. 7 tahun 1992 tentang perbankan, sebagaimana telah diubah dengan undang-undang no. 10 tahun 1998, dan undang-undang no. 23 tahun 1999 jo. undang-undang no. 3 tahun 2004 tentang bank indonesia, serta undang-undang no. 21 tahun 2011 tentang otoritas jasa keuangan), kencana prenada media group, jakarta, 2008. 32 abdulkadir, op.cit., h. 264. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 85 huda,(2006). dari tiada pidana tanpa kesalahan menuju kepada tiada pertanggungjawaban pidana tanpa kesalahan, cet. ii, kencana, jakarta. i.p.m. ranuhandoko. (2003). terminologi hukum inggris indonesia, sinar grafika, jakarta, cetakan ketiga. jonker,(2009). tanggung jawab yuridis bankir atas kredit macet nasabah, alumni, bandung. lukman santoso,(2011). hak dan kewajiban hukum nasabah bank, pustaka yustisia, yogyakarta. mahrus ali,(1988). dasar-dasar hukum pidana dalam sudarto, hukum pidana i, badan penyediaan bahan-bahan kuliah, fh undip, semarang. marulak,(1995). hukum pidana bank, pustaka sinar harapan, jakarta. mahmud mulyadi dan feri antoni surbakti,(2010). politik hukum pidana terhadap kejahatan korporasi, sofmedia, jakarta. m. hamdan,(2000). tindak pidana pencemaran lingkungan hidup, mandar maju, bandung. moeljatno,(1993). perbuatan pidana dan pertanggung jawabannya dalam hukum pidana, rinneke cipta, jakarta. mulyadi, lilik. (2009). pergeseran perspektif dan praktek dari mahkamah agung mengenai putusan, citra aditya bakti, bandung. mujahidin, ahmad. (2012). pembaharuan hukum acara peradilan agama, ghalia indonesia, bogor. purwaning. m. yanuar. (2007). pengenmbalian aset hasil korupsi, pt. alumni, bandung. rachmadi usman,(2001). aspek-aspek hukum perbankan di indonesia, pt. gramedia pustaka utama, jakarta. rihantoro bayuaji. (2019). hukum pidana korupsi prinsip hukum perampasan aset koruptor dalam prespektif tindak pidana pencucian uang, laksbang justitia, jakarta. roeslan saleh,(1982). pikiran-pikiran tentang pertanggungjawaban pidana, ghalia indonesia, jakarta. sentosa,(2012). hukum perbankan edisi revisi, mandar maju, bandung. suhartoyo. (2019). argumen pembalikan beban pembuktian sebagai metode prioritas dalam pemberantasan tindak pidana korupsi dan tindak pidana pencucian uang, depok: rajawali pers. supardi. (2018). perampasan harta hasil korupsi “prespektif hukum pidana yang berkeadilan”, prenadamedia group, jakarta. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 86 s.r sianturi,(1996). asas-asas hukum pidana indonesia dan penerapannya, cet. iv, alumni ahaem-pateheam, jakarta. teguh pudjo mulyono,(2006). manajemen perkreditan bagi bank komersil, bpfe, yogyakarta. law and regulations undang-undang nomor 10 tahun 1998 tentang perbankan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 219 liability against wedding organizer default naufal syaughi margono, tutiek retnowati faculty of law, narotama universty surabaya e-mail: ogikkmh9@gmail.com abstract marriage is one of the human needs there are various kinds of ways for marriage, one of the most popular in the modern era is now using the services of a wedding organizer, pandamanda is one of the wedding organizer services that dares to offer rental prices for services at prices below the average price of wedding planners in general. however, at the time the implementation carried out by pandamanda to the consumer was not in accordance with what was promised, when the date of the wedding had taken place it turned out that the food in the wedding ceremony was not available. the formulation of the problems contained in this study were: 1 ) what is the legal protection for the default act committed by the wedding organizer to the consumer? 2) what is the legal action taken by the consumer as a result of the default by the wedding oganizer? the objectives of this research are 1) to find out and analyze legal actions for default actions committed by the wedding planner 2) to find out and analyze legal actions taken by consumers due to default actions by the wedding planner. the results of this study is a party that defaults to consumers as regulated in article 1243 of the civil code which reads that compensation for costs, losses and interest due to failure to fulfill an agreement shall begin to be obliged if the debtor, although declared negligent to carry out the engagement. keywords: accountability, wedding organizer, default 1. introduction in this modern era, the flow of world globalization and cooperation in all fields is developing so rapidly. in this development, contract law has also developed rapidly, where more and more people are binding themselves in an agreement that gives rise to various agreements, including one of which is a cooperation agreement made by the wedding planner. the occurrence of the agreement is called a legal act. meanwhile, a legal action is an act that gives birth to legal consequences. the agreement is a branch of civil law. the term "civil law" (privaat recht) is used as the opposite of the term "public law" (publiekrecht). what is meant by civil law is a set / rule of law that regulates actions or relationships between human beings / civil legal entities for the benefit of the parties themselves and other parties concerned with them, without involving the interests of the wider public / general / society (munir fuady, 2015). in general, all rules in civil law are contained in the civil code (burgerlijk wetboek). the indonesian civil code is none other than the translation of the dutch civil code in effect in the netherlands, while the dutch civil code is derived from the french civil code which was made during the reign of napoleon bonaparte, so that it is called the napoleonic code. meanwhile, napoleon bonaparte made the book of laws by taking the main source of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 220 roman law code known as the corpus juris civilis. the napoleonic code stands on three main pillars as follows: (ibid, h.3). 1) the concept of individual property rights. 2) the concept of freedom of contract. 3) patrilineal family concept. in an agreement, the concept of freedom of contract applies. the principle of freedom of contract can be analyzed from the provisions of article 1338 bw paragraph (1) which reads "all agreements legally made are valid as laws for those who make them." the principle of freedom of contract is a principle that gives freedom to the parties to: (salim hs, 2013). a. make or not make an agreement, b. enter into agreements with anyone, c. determine the contents of the agreement, its implementation and requirements, d. determine the form of the agreement, namely written or oral. if someone is getting married, the party getting married will usually hire a wedding organizer to celebrate the wedding reception. wedding organizer is a type of business that is very close and closely related to consumers. it is often said that because a wedding organizer must be able to present every wish and prospective partner, a wedding organizer must also be able to provide service and a sense of comfort to consumers who often feel very depressed and anxious in the face of big and special days throughout their lives. talking about the agreement law which has an open nature, which means that the contents can be determined by the parties with several conditions, namely not against public order, morality and the law in the cooperation agreement made by the wedding organizer with the consumer, in this case it is clearly stated if if a cancellation is made by the first party, the second party is entitled to 50% of the agreed cost of the activity. however, if the second party cancels, the first party is entitled to receive 50% compensation from the cost of the activities that have been agreed in the agreement. this case of default also occurred in depok city, this case began when the consumer's wedding party on sunday (02/02/2020) took place with many shortcomings due to defaults committed by the pandamanda wedding organizer, who was the rental consumer. the wedding organizer will carry out ten wedding events and seven of them take place with shortcomings, while the other three are not carried out properly. the wedding organizer, which is based in pancoran mas, depok, west java, offers a very binding price, namely the rp.75,000,000 package (seventy-five million rupiah) from the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 221 pandamanda wedding organizer. however, due to the end of the year, the wedding organizer offers a year-end promo price of idr 50,000,000 (fifty million rupiah). therefore, the authors are very interested in discussing and analyzing the default conducted by the wedding planner with the title "liability against wedding organizer default". 2. method research this study uses a statute approach, which is meant by the statute approach, which is an approach used to study and analyze: all statutes; and arrangements related to the legal issue being handled. this approach also uses a conceptual approach, which is meant by a conceptual approach, which is to depart from the views and doctrines that are developed in the science of law. by studying the views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts and legal principles that are relevant to the issues at hand (peter mahmud marzuki, 2009). 3. results and discussion law no.8 of 1999 concerning consumer protection which was approved by the dpr on march 30, 1999 and ratified by the president of the republic of indonesia on april 20, 1999 (ln no.42 of 1999). various efforts are made with time, effort and thought that have been put in by various parties with the formation of laws and consumer protection. these activities begin with: a) discussion of consumer protection issues in the fifth seminar of the commercial law study center, faculty of law, university of indonesia (15-16 december 1975) until the completion of this law on 20 april 1999. b) national law development agency, ministry of justice ri, research on consumer protection in indonesia c) ministry of justice, academic paper of legislation on consumer protection d) indonesian consumers foundation, indonesian legal protection, a contribution of thought on the draft consumer protection law e) the ministry of trade of the republic of indonesia is working with the faculty of law, university of indonesia, on the bill on consumer protection. f) dpr ri, dpr initiative proposal bill on consumer protection law http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 222 consumer protection law is the whole of the principles and rules that regulate and protect consumers in the relationship and issues of providing and using consumer products between supply and use in society, (kurniawan, 2011). in general, the applicable general law can also be consumer law, while parts of the provisions contain restrictive characteristics, regulate certain conditions of business behavior and / or protect consumer interests, as well as regulations on unfair competition behavior, monooli. or oligopoly from entrepreneurs, it is acknowledged to function as a boost to efficiency in business activities and public welfare. for this reason, consumer protection efforts should be given an equal portion with protection for honest entrepreneurs and with good intentions as well as prevention of various behaviors of business activities that have a negative impact on the welfare of the community. in describing the concept of the relationship between business and consumer behavior, the concept of the relationship between business actors and consumers suggests that the key to legal protection for consumers is that consumers and business actors need each other. production means nothing if no one consumes it and the products are consumed safely and satisfactorily, in turn it will be a free promotion for business actors. understanding consumers in everyday life, consumers may often hear the word, but not a few people know the meaning or understanding of consumers. for this reason, the author will convey some understanding of consumers both according to the opinion of experts and based on the provisions of law. according to abdul halim barkatulah, the term consumer as consumer (english) and consumer (dutch) is defined as "a person or company that buys certain goods or uses certain services or someone who uses the goods or services", (abdul halim barkatulahlm, 2008). from the above understanding, it can be seen that there is a distinction between consumers as natural persons or natural persons and consumers as companies or legal entities. in article 1 paragraph (2) of law number 8 of 1999 concerning consumer protection (uupk) as follows: "consumers are every person who uses, uses, uses goods or services marketed for themselves, their families, other people or other living creatures and are not for sale anymore". consumer rights and obligations consumer rights are the right to be treated or served correctly and honestly and are not discriminatory. rights and obligations referred to in law no. 8 of 1999 concerning consumer protection: a. the right to comfort, security and safety in consuming goods or services. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 223 b. the right to choose goods and or services and get goods from or services according to the exchange rate and conditions and guarantees promised c. the right to correct, clear and honest information regarding the condition and guarantee of goods or services d. the right to have their opinions and complaints heard about the goods and or services used e. the right to get advocacy, protection, and efforts to properly resolve consumer protection disputes f. right to consumer guidance and education g. the right to be treated or served correctly and honestly and not to discriminate h. the right to get compensation, indemnity or replacement if the goods and or services are received not in accordance with the agreement or not as it should be consumer obligations 1. read or follow information instructions and procedures for the use or utilization of goods and or services for security and safety 2. have good intention in making transactions for the purchase of goods and or services. 3. pay according to the agreed exchange rate 4. follow efforts to resolve consumer protection disputes properly definition of default default is an act of breaking a promise or not keeping a promise. according to abdul r salim (saliman: 2004, p. 15), default is an attitude in which someone does not fulfill or fails to carry out the obligations as determined in the agreement made between the debtor and creditor. default is regulated in article 1243 of the civil code (kuhper), which reads: "reimbursement of costs, losses and interest due to non-fulfillment of an agreement is mandatory, if the debtor, although declared negligent, remains negligent in fulfilling the agreement, or if something must be fulfilled. given or done only can be given or done within a time that exceeds the predetermined time " default begins with the agreement between the parties to make an agreement, with a number of clauses containing a number of rights and obligations between the two parties in a reciprocal agreement. all of these clauses are conveyed, negotiated and finally arranged in a balanced manner based on mutual agreement of the two parties who made them. legal consequences of default the civil code has regulated defaults and legal consequences that occur if an obligation is not fulfilled or is commonly referred to as default in an agreement, which can be formulated in the civil code, the legal consequences of which can be seen in the following article: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 224 a. article 1237 of the civil code explains that in the event that there is an agreement to provide a certain material, that material since the agreement was made and born, is on the account of the debt owed. b. article 1266 of the civil code explains that the conditions for cancellation are considered better to always be included in a reciprocal engagement, if one of the parties fails to fulfill its obligations. lawsuit the broad meaning of a lawsuit has a purpose, namely to guarantee the implementation of legal order in civil cases, whereas in its narrow sense it is a way to obtain legal protection with assistance by the state. a. types of lawsuit i. lawsuit (contentius) in the elucidation of article 2 paragraph (1) of law no. 14 of 1970 (amended by law no. 35 of 1999), the authority and task of the judiciary is to settle contentious claims. ii. application lawsuit judging from the explanation of article 2 paragraph (1) of law no. 14 of 1970 (amended by law no. 35 of 1999) which explains that the resolution of any dispute submitted to the civil service has a meaning in it that the settlement of problems related to voluntary jurisdiction b. forms of lawsuit i. the lawsuit is in writing written lawsuit which is the most justified and prioritized claim is a lawsuit in written or written form. this provision is regulated in article 118 paragraph 1 hir which states that a civil lawsuit, which at the first stage enters the power of a district court, must be submitted with a letter of request that has been signed by the plaintiff or his representative (ropaun rambe, 2004). ii. the lawsuit is in verbal form article 120 hir / 144 r.bg explains that the plaintiff does not have expertise or cannot write, so the lawsuit can be filed using only his or her word to the head of the court. definition of agreement an agreement is a written or oral agreement made by two or more parties, each of which agrees to comply with what is stated in the agreement (departemen pendidikan nasional, 2005). article 1313 of the civil code, "an agreement is an act whereby one or more people bind himself to one or more people. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 225 according to r. subekti an agreement is "an event where a person promises to another person or where the two people promise each other to do something. meanwhile, according to salim hs, an agreement is" a legal relationship between one subject and another in the field of assets, where the subject one law has the right to achievement and so are other legal subjects who are obliged to carry out their achievements in accordance with what has been agreed (salim hs, 2008). terms and principles in the agreement terms and principles in the agreement 1. terms of agreement article 1320 of the civil code explains that an agreement is valid and must fulfill the following 4 requirements: a. there are several things that have been agreed by both parties; b. the existence of a halal causa. c. there is a certain thing; d. skills in making agreements; the first condition and the second condition are the conditions that must be fulfilled by the subject in an agreement 2. covenant principles paul scholten explained that the principle of law is a basic thought that is contained within and behind every legal system, which is already in the form of statutory regulation or a court decision, and these provisions and decisions can be seen as an explanation. there are about thirteen kinds of the principles of the agreement, however according to civil experts there are five most important principles, namely: a) principle of freedom of contract b) the principle of consensualism (match of will) c) the principle of legal certainty (pacta sunt servanda) d) principles of good faith e) principles of personality after the wedding organizer performs default actions against the consumer's marriage who feels cheated by the wedding organizer because when the wedding ceremony takes place the food does not arrive at the agreed time, the consumer takes legal action such as making a report to the authorities on the default wedding organizer on sunday the 2nd february 2020. on february 3, 2020, on monday morning, the us owner of the pandamanda wedding organizer was detained by the depok metro police in pancoran mas, in the office address of the pandamanda wedding organizer. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 226 from the results of the interim examination, the us as the owner of the wedding organizer admitted to the authorities that the allegation was related to an error in management. dispute resolution in court when a violation of the law occurs, whether in the form of a violation of public interest or a violation of someone's rights, the offending party is not allowed to take certain actions to judge his actions by random people. actions in other words "eigenrichting" or judging a problem by themselves are very prohibited and an act that is disgraceful, disorderly and must be done immediately (wantjik saleh, 1976) in solving these problems, it is not enough just to take a precaution, but also requires a legal protection for the party who has committed an offense and resolves the problem, which has the right and obligation to provide resolution of the problem and legal protection is the state. therefore, the state resolves these problems through judicial powers in the form of a judicial body with the executors being judges. article 11 paragraph (1) of law number 48 year 2009 explains that each court conducts an examination, adjudicates and decides a case with a minimum limit of 3 (three) judges, unless there is a law which stipulates different matters. . in the sentence above, there is a word that is the core and most important, namely the word to judge. in fact, the word judge includes other words. the activity of judging has a purpose and has the essence of giving justice. to guarantee such justice, the judge takes action and activity. the first time this is done by the judge is to examine or first examine the correct position of a case submitted to him. after that the judge considers giving an assessment of the case and looking for its relationship with the applicable law, then the judge concludes by stating a law contained in the case. indemnification understanding and legal basis. claims for damages by a suspect or defendant are a manifestation of protection of human rights and dignity. if a suspect or defendant is treated illegally or acts without reasons based on law, give him the right to demand compensation. in order to understand the compensation stipulated in the first part of the criminal procedure code, it is necessary to pay attention to article one point two two "compensation is the right of a person to receive a claim in exchange for a sum of money due to being arrested, detained, prosecuted or tried without reasons based on the law or because error regarding the person or the law which is applied according to the manner regulated in this law ”. affirmation with respect to demands for compensation in article one point two two (m. yahya harahap, sh, 2008). procedures for filing a claim for compensation. in the criminal procedure code there are two articles that regulate the procedures for filing claims for compensation, namely article 81 and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 227 article 95 paragraph two and paragraph three. by relating the two articles in relation to article 77 letter b, the procedure for filing a claim for compensation for damages will be elaborated by separating the types of claims for damages in terms of the stages of the level of prosecution that the case is currently undergoing. with this way of separation, it is the only way to facilitate a review of the procedures for filing claims for compensation (m. yahya harahap,sh. 2008). settlement of disputes in civil law there are several ways that can be chosen in resolving a dispute, namely as follows: 1. negotiation the negotiation process is defined as a process of bargaining or talking to get an agreement on a certain problem that has occurred between the parties, negotiations are carried out because of a dispute for the parties or because an agreement has not been found because the parties have never discussed such a matter. negotiations are carried out by negotiators starting from simple negotiations where the negotiators are the disputing parties themselves, until the parties provide special lawyers or negotiators to become negotiators (munir fuady, 2000). according to how ard raiffia quoted by suyud margono, negotiations consist of several stages, namely as follows: a. the preparation stage, in preparation for a negotiation, the first thing that must be prepared is what is wanted or needed. by recognizing one's own interests before recognizing the interests of other parties. b. initial bidding stage, this stage the parties who are negotiating prepare a strategy about something that has to do with the question, namely who must first submit the bid. c. concession stage, the concession that must be given depends on the context of the negotiation itself as well as the concession given by the opposing negotiator. in this stage, a negotiator must be manipulative and must accurately calculate aggressiveness. d. final stage, this final stage is the making of commitments or cancellation of commitments that have been previously agreed upon. howard raiffia stated 2. consultation there is no formulation or explanation described in law number 30 of 1999 regarding the meaning or meaning of this consultation. in black's law dictionary, it is explained that what is meant by consultation (consultation) is an act of consulting or negotiating with a doctor, a client with a lawyer (gunawan widjaja dan ahmad yani, 2001). 3. mediation mediation is also an alternative dispute resolution. mediation is also a negotiation process to find a solution to the problem through a neutral and impartial third party who will help find a solution for the disputing parties in settling the case ideally or satisfying the results for both http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 228 parties in dispute. from this understanding, it can be concluded that the mediation process contains the following elements: 1. mediation is a dispute resolution process that goes through a negotiation process; 2. mediators are accepted and involved with the disputing parties when conducting negotiations; 3. the mediator has a duty to assist the disputing parties in determining a solution to solve the problem in the best possible way; 4. the mediator does not have the power to make decisions while the negotiations are in progress. consultation not much different from the definition of mediation above, conciliation is also a process of dispute resolution in which the parties agree to involve a third party who is neutral and impartial to any party. conciliation usually refers to a process in which a third party is only in charge of sending an offer to resolve disputes between the parties but has a less role in the negotiation process than the mediator (munir fuady, 2009). arbitration arbitration is a term derived from the word "arbitrage" (latin), which means the power to settle a dispute at the discretion (rudianto & roesli, 2019). if according to this definition it seems clear that an arbitration institution is intended to be an institution that has the role of settling a case or dispute but does not use the classic settlement method, namely a judicial institution. the regulations governing this arbitration in indonesia, namely law number 30 of 1999, provide an understanding that arbitration is a way of resolving civil disputes outside of the general court based on an arbitration agreement that has been made in writing by the parties to the dispute, more details in article 5 of law no. 30 of 1999 explains that disputes that can be resolved through arbitration are only disputes in the field of trade and rights based on laws and regulations that have full power, namely the parties to the dispute (h.m.n. poerwosutjipto, 1992). 4. conclusion based on the description above which has been explained by the author concludes: the cooperation agreement between the consumer and the wedding organizer in general, the cooperation agreement is used by the wedding organizer using a one-sided agreement and is based on a standard (standard) agreement because it gives an obligation to http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 229 someone as well as gives someone else the right to accept the achievements that have been made, in this one-sided agreement usually the wedding planner has determined the offer package and the terms and conditions that have been made by the wedding planner, so that consumers only need to make choices according to their willingness and ability. consumer legal protection in the cooperation agreement with default wedding organizer. the cooperation agreement made by the wedding planner with service users, in this case the consumer, can provide legal restrictions that must be met by each party. thus the purpose of the agreement is to provide legal protection to the parties who enter into the agreement so that the provisions stipulated in a contract can be carried out properly and have limitations on rights and obligations for the parties involved in a cooperation agreement, while the form of the agreement must meet the requirements. -the legal terms of an agreement which is determined by law because it says that if an objective requirement is not fulfilled the agreement is null and void, whereas if the subjective conditions of the new study can be canceled if asked to the judge, so that legal protection will be achieved for the parties in the work the same. refferences abdul halim barkatulahlm,(2008). hukum perlindungan konsumen, kajian teoritis dan perkembangan pemikiran, banjarmasin: fhunlam press, hal.7 departemen pendidikan nasional. (2005). kamus besar ikthasar indonesia edisi ketiga, jakarta : balai pustaka.h.458 gunawan widjaja & ahmad yani,(2001). seri hukum bisnis (hukum arbitrase), raja grafindo persada, jakarta,hlm. 28-29. h.m.n. poerwosutjipto,(1992). pokok-pokok hukum dagang, perwasitan, kepailitan dan penundaan pembayaran, cetakan iii, djambatan, jakarta,hlm. 4. ibid, h.3. kurniawan,(2011). hukum perlindungan konsumen : problematika kedudukan dan kekuatan putusan badan penyelesaian sengketa konsumen (bpsk), universitas brawijaya press, hlm. 42 munir fuady,(2015). konsep hukum perdata, rajagrafindo persada, jakarta, h.1. m. yahya harahap,sh.(2008). pembahasan permasalahan dan penerapan kuhap edisi ke-2. sinar grafika. jakarta. hal 47 munir fuady, (2000). arbitrase nasional, alternatif penyelesaian sengketa bisnis, citra aditya bakti, bandung, hlm. 42. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 230 munir fuady,(2009). arbitrase nasional, alternatif penyelesaian sengketa bisnis, citra adityabhakti, bandung,hlm. 52. peter mahmud marzuki,( 2009). penelitian hukum, kencana, jakarta,h.93 rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. ropaun rambe, hukum acara perdata lengkap, sinar grafika, cet. iii, jakarta, 2004, hlm. 241. salim hs,(2008). hukum kontrak, teori & tekritik penyusun kontrak, jakarta : sinar grafika,h. 27 salim hs,(2013). hukum kontrak, sinar grafika, jakarta,h.9. wantjik saleh, kehakiman dan peradilan, ghalia indonesia, jakarta, 1976, hlm. 11. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 12 the protection of the law patients privacy of health services johanes deo fau, yustina sila faculty of law, hang tuah universty surabaya, indonesia e-mail : yohanesdeofau@yahoo.com, yustinsila@gmail.com abstrak this research read:“ the protection of the law patients privacy of health services with 2 (two) case formulations, are: (1) how the regulation of the protection of the law privacy a patient in health services?; (2) how was the end of law a violation of privacy for patients of health workers?. the research is the kind of research law with uses the method law normative. in addition, the study also used the conceptual kinds of abilities. the statute and approach. this research result indicates that privacy is the right of patients that have to be fulfilled by health workers and the means of health services and shall constitutes the obligation of health workers to keep privacy patients who it serves in the act of health, the act of health workers, the act of practices medicine, the act of nursing, regulations related minister midwife practice that requires health workers behind the secrecy was related to the record good patients medical and privacy. a breach of privacy by health workers towards patients will cause due to law when patients and their families feel aggrieved. due to administrative law civil and criminal can be used as material. accusation of health workers. hence it is expected that the act of explicitly able to regulate precisely because given health workers keep privacy patients and clarify about privacy rights inherent in themselves patients who must be protected and be protected conducting socialization on the importance of maintaining privacy patients called on the government as well as a means of health services to facilitate a patient to complained about services received that may violate the right of privacy she would had to thrash out as soon as possible in the process of mediation in order to avoid a process litigation can force own. financial losses for. keyword: protections. law, patients privacy, health services. 1. introduction privacy rights of a person is something that should have valued and respected because it is the inherent right in each individual.freedom of expression, the sophisticated technology of the heavens and the unspecific became the reason for certain parties to violate privacy rights of a person of either deliberate and not accidental. the privacy rights ( right privacy) according to black’s law dictionary is “the right to personal autonom”. someone in the determination of the autonomy and protect those things which pertain to his privacy, next autonomy privacydimaknai as an individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. control over privacy someone controlled in full by the autonomy that are owned by each individual, which means that ca privacy rights to others because is something very personal. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 13 in indonesia rights over privacy in a norm and regulations were not explicitly, but in an implicit manner rights over privacy there are in article 28 g paragraph ( 1 ) of act law of the republic of indonesia 1945 ( hereinafter called the 1945 constitution ) as follows: ” every persons have the right of personal protection family, honor, the dignity and their possessions that his people: under and is entitled to a sense of security and protection from the threat of fear in order to do or did not do anything that is rights”. understanding this law guarantees the protection of rights protection for the citizens of a country upon privacy; the state in this case have a responsibility control offense privacy. against privacy is also affirmed in a verdict the constitutional court number 50 / puu-vi / 2008 concerning testing article 27 paragraph 3 of the act number 11 year 2008 about information and electronic transaction ” everyone with willfully and without right distribute and or transmits and or make able accessed electronic information electronic documents who has charge of contempt and or libel ” which in this case translate articles 12 universal declaration of human rights ( udhr). this privacy rights are also related to the health care services that are the basic needs of people who are protected and guaranteed by the state, health services is every an organized attempt own or together in an organization to maintain and improve health, prevent and cure diseases and restore the health of individuals, family, groups and or the public. today alleging violations of privacy by health workers the more reported worldwide.alleged cases in indonesia is also the case reviewed and, national news allegations of sexual harassment by a doctor in the district general hospital dr. soetomo surabaya on october 2018, the case has been up until i at the investigation by the police and coordinate with ties doctor indonesia ( idi ), and what that means is indonesian people starting to understand about her rights including the right to privacy and implement measures with applicable laws, though the process of the court who determine the wrong, but this case signifying knowledge between public awareness on their rights and duties when to access health services. a breach of privacy patients by health workers in indonesia by case for another also occurred, involving social media for example in the year 2015 of a trained health professional upload photos patients in social media account that he had this is the case in the province of bangka belitung, the difference is on the completion of the case and limited only to inform ethic. disciplinary and violations. the sanction that was given very different with a load sanctions outside country giving the protection of privacy has been very tight and the issuing of sanctions and have rather heavy workloads.the violation of the right patient privacy by health workers until now there is no parameter in the laws, says that whether this type of violations including in violation of the code of conduct or violation of law. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 14 2. results and discussion setting the protection of the law privacy a patient in health services privacy as a right the scope of privacy rights of divided into three general concept that is privacy as of a room, privacy as secrecy, only managing the privacy information and privacy as a right of human rights.privacy rights is generally considered the right which is subjective and it is difficult to strict barriers to the rights of other.privacy also has the limits of as follows: a. privacy limits as a space ( privacy as space ) right is a right to not agitated or accessible by others being without the right to privacy of individuals are associated with thrust fault ( a households number, private data , the date / month / year was born, information on disability physical and / or mental, identity number of biological mothers, identity number of father and some the contents of a log of events important, in accordance set in article 84 paragraph ( 1 ) and article 85 the act of to be a residence family activities with the contents of the inside his house valuable documents owned and wealth object which is have private individuals are. b. privacy limits as a secrecy (privacy as secrecy) is the extent of the public s access to the private lives of someone who is personal information.public in it is the public at large could not allowing them to freely access private data someone in the form of personal information for the purpose not justified by who is entitled to private data. c. privacy limits as information control ( privacy as information control ) what this means is a person can controlling information on the rights of belonging to his private data his the claims against personal matters that could not be considered personal intervented by someone else without a permit. patient privacy rights of health services patients were the ones who had the right against himself including privacy; it can be said patients are the subject of independent law which assumed to be able make decisions for the benefit of himself.as the subject of patients independent law has the authority in determining voting patterns health services offered by health workers of the illness of which related to the state of the good advice of course except the state of specific pain that is set in a law that his decision to withdraw the unilateral can of paramedics who handle the condition, for example the condition of en-dangerous medical. other than things diseased condition arranged in a law that allowed without the consent and of health workers was a must for us in making informed concern or approval the act of medical, as required by article 45 paragraph 1 the law number 29 / 2004 about practices medicine that ” any act of a medicine or dentistry towards patients an approval ”. and has been continued in verses 2: ” approval yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 15 as that are referred to on subsection ( 1 ) is briefed after the patient in a complete manner ”. it means the act of in their health care is obliged to the production of mou of the agreement in the form of informed concern and the two sides subject to the agreement that already made. article 32 the letter q the law number 44 years old 2009 on the hospital required that ” sue and / or demanding the hospital when the hospital expected offer a service that not conforming to standard in the field of civil and criminal ” which means this rule is give space for every one of those patients as consumers to make an effort when it was felt that the law lose or is alleged to the hospitals were not do the duties to provide services to a standard. an explanation of the right to bring any charge against god above is continued in article 32 of the letter r that ”complained about the hospital services that does not conform to the standard of service through the print and electronic media in accordance with the provisions of the legislation.”. to a hospital health facilities of course not directly provides the health service, of health workers as professionals that deals directly to patients as a recipient of service.nevertheless hospital on this context have an obligation responsibility for of a suit which is probably the work of a patient. the rights and obligations of the other patients here that is set performed circular letter director general medical services number ym.02.04.3.5.250.1997 on guidelines for the rights and obligations of patients, physicians and hospitals.an explanation of the regulation concerning the right of privacy rights of patients above line with the 7th points seven in the law number 29 / 2004 about privacy practices medicine which states that patients is a right that must be protected either the health workers and hospital sources said. an obligation of health workers in maintaining patient privacy obligations that had to be met by health workers in running health care. practices a. obligation doctor based on article 51 the act of practices medicine about keeping the votes there are in letter c: ” conceal it all things she knew about patients, even after the patient died ”.this same as that is delivered by marthin khun formerly that of us privacy ” secrecy ”.and what that means is of health workers not only have an obligation keep medical record that contains the documents that treat a patient but also secrecy such as privacy rights that is from a patient itself. the duty of information of a physician in run practice also controlled in a code of ethics of medicine indonesia ( kodeki ) as follows:1) each doctor is obliged to are sincere use all knowledge and his knack for making the for the benefit of patients. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 16 2) each doctor should give a chance to the patient will not cease to related families and his advisers in the worship of other and or issue.3) each doctor is obliged to conceal it all things she knew about a patient, and even after the patient died.4) each doctor are required to conduct emergency aid as an errand humanity, unless he was confident that there were others who willing and able to give it. a doctor as part of health workers have an obligation which in this case patients good regarding behind the secrecy of documents and information about diseases patients who it serves and privacy rights of who inside the patient. b. nurses also has an obligation as stipulated in article 37 the act of nursing.but an obligation the profession of a nurse in article they do not contain about privacy protection element of the patients and secrecy health patients ( clients ), but the act of practices at article 38 nursing letter e patients has the right ” have been separated secrecy and know that ” thus the profession of a nurse have an obligation that clearly in protect patient medical information about that is being treated.. c. in running midwifery; practices a midwife have rights and duties are also stipulated in the regulation of health minister no. 28 2017 regulation on licenses for and the implementation of midwife practice ( hereinafter called ministry of finance permission and the implementation of midwife practice.professional midwives are required to run health services by taking into account and respect and meet their obligations, related privacy and secrecy a clear understanding of the so called in article 28 letter e: ” store secrecy patients in line with the law ”.ministry of finance permission and the midwife practice above as of one obligation for storing secrecy patients were related to his health.. the act of rules of these three of health workers in the sight of the picture which is clear the health workers have an obligation behind the secrecy and privacy for every one of them a patient in run practice. this is also worsened with article 73 paragraph ( 1 ) the act of health workers ” every health workers in carrying out health services must keep a secret health recipients ”health services and what that means is every health workers with a clump of the health profession set in article 11 paragraph ( 1 ) the act of health workers in a resolute manner it was prescribed in honor of, protect, and who have not secrecy including privacy patients. health secret referred to in article 73 paragraph ( 1 ) act of human resources of health did not related to record of medic ( medical record ) because in article 70 paragraph ( 4 ) the act of health workers explained that ” medical record recipients health services as referred to in paragraph 3 of election secrecy should be saved and guarded by health workers and to the heads of ”. health service facilities. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 17 second explanation of this article shows that secrecy medical record in secret patient medical are two different things, secrecy patient medical privacy is that should not be exposed by health workers without the consent of the patient and rules and regulations. a breach of privacy patients in social media according to article 81 the provisions of a statute number 12 / 2011 about legislation reads ” furthermore legislation in a gazette official performed referred to in this provision, any person regarded ”. has known about the matter. an explanation on this article explicitly states that there is no reason pardoning for every offenders had been considered out of rules applied and valid.of health workers in this case normatively not only can be sanctioned by the tribunal of conduct reprimand and disciplinary profession but can also be questioned with a lawsuit using generally accepted norm (lex generale). every one of those patients who feel aggrieved be subjected to health and the privacy of social media by health workers sure can do a claim on the loss was as klacht delict, as required by article 26 the law number 11 year 2008 about information and electronic transaction stated that: paragraph ( 1 except specified by regulations framework the use of any information via electronic media related to private data someone has to be done with the approval the affected person, and paragraph ( 2 ) any person violated their rights as referred to in paragraph ( 1 ) may submit a claim for the losses inflicted based on this law. the digital era closely related to the openness of public information indonesia is currently adheres to open government of inclusion information across the levels of society and can be accessed by everyone to set regulations this is country of make legislation in particular.the act of no 14 / 2008 on the openness of public information ( hereinafter called freedom of information law is ) is lex specialist that regulates a groove access the disclosure of information the public room. nevertheless there is an exception in this law regarding the data is personal and the health of a person. this regulation basically allow access to information for each citizen with the exception of one of them is of the condition of the care, physical and psychological health of a person, indirectly privacy rights of every one of those patients who is undergoing treatment and medication served his health and protected by the state. ease to distribute information good data, a photograph, video, documents and others give rise to big potential for violation of privacy a person, it is simply that share clinical photo patients in social media by health workers with various reasons for not justified within the rule of legislation or deemed invalid and breaking if yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 18 they do not meet the conditions valid one who often ignored is the agreement or the consent of the patient and his family to willing to be distributed a photograph, their own health care with the sacred printing information public this data is electronic information load content things personal patients. to share with you data patients who underwent the treatment or care at the health facilities is the act of breaking privacy.according to article 1 paragraph 1 of the law of information and electronic transaction that: information of this electronic system is a or a bunch of the data electronic, including but not limited to writings, sound, a picture, map, a photograph, design electronic data interchange edi ), ( for electronic mail as electronic mail ), a telegram; telex, telecopy or the like, letters, a mark, put a figure on the the access codes, symbol, which he had made ready or perforation having meaning or can be understood by people who have the capacity may understand. the explanation given during this law clearly states that that the amount of information shall contain data electronic personal someone in this case was seen as something, according to the patients next in article 1 paragraph 4 the law of information and electronic transaction explaining it as follows: documents of this electronic system is any information that they made, electronic continued, send received, or deposited, in the form of analogous to, digital, electromagnetic, optically, or the like that you can see, are displayed: and / or heard through a computer or an electronic system including but not limited to writings, sound, a picture, a map the design, photographs or the like, letters, a mark, put a figure on the the access codes, symbol or perforation that which has significance or to the sense or can be understood by people who have the capacity may understand. the law breach of privacy for patients health workers 1. due to administrative laws due to administrative law breach of privacy patients by health workers can be given by the government the regional government provincial and regent local city.this rule is referring to article 82 paragraph 3 of the act of health workers replied in the government, the regional government of the province and the local governments district in accordance with their authority give sanction to a trained health professional and administrative health service facilities as referred to in paragraph 1 and paragraph ( 2 ), that means that administrative sanctions to health workers and health facilities given by the government in accordance with the related authority. local areas yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 19 next administrative sanctions that can be dropped to health workers arranged in article 4 health act of human resources in the form of warning written and the removal of the temporary permission and the removal of the a permanent. warning or formal written warning is sanctions that have been set by the authorized official punish with a breach that when we are concerned as required by article 30 1 the health ministry`s regulation no 10 the year 2018 ( monitoring on in the field of health ( hereinafter called the minister ( monitoring on in the field of health ) stated that: the imposition of the act of administrative written in form of warning can be given by the leader of the main unit, the head of the provincial health office in or head of district health offices in accordance with the regulations of legislation.the act of transgressing when your words come true by health workers done violation privacy patients health agency relevant writing to delivering a rebuke of a trained health professional who is suspected of committing a breach in good health services. other than related health agency supervisory function in the fields of health in accordance with the article 1 paragraph 4 ( monitoring on minister regulation in the field of health set about supervisory power health stated that: supervisory power health is of state civil apparatus that is raised and assigned to do in the fields of supervision health the authorized official in line with the regulation framework, thus the extension of the health agency in carrying out their duties and functions in civil apparatus for supervision of the appointed as an overseer directly in each health facilities.the provisions of a person inducted as a health watchdog obliged to the provision as stated in article 10 ( monitoring on minister regulation in the field of health where article 10 criteria that the supervisory power an area where none is assigned by the government through conditions contained in the fields of supervision and training in if there an offense or nonconformity to the procedural operational and will soon be reported and be more details. the sanctions imposed the repeal of the permit for health workers who is suspected of committing the offense in accordance with article 30 2 ( monitoring on the health ministry`s regulation in the field of health that: the imposition of the act of administering in the form of the repeal of the temporary permission or a permanent can only be administered by the officer who issued permit based on the provisions of the legislation. health agency as practices to permit issuer has the authority of a trained health professional for analysis in the removal of the raft of sanctions or even take off the temporary permission a permanent. prosedur pencabutan izin through recommendations from the head of the unit or leadership of health facilities that is a superior from paramedics who practicing at the health facilities who is suspected of committing offense.in article 30 3 ministerial regulations ( yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 20 monitoring on health in the health sector that, paramedics who reportedly in offense by the leader of health facilities will be processed through consideration by the supervisory board of health sectors. their adoption we sent to that the decision-making process in do not have to give sanction imposed sanctions in the form of a tiered, administrative article 33 paragraph 1 ( monitoring on the health ministry`s regulation in the field of health stated that the imposition of the act of administrative by minister, main the head of the unit the head of the provincial health office in or head of district health offices as referred to article 30 may be subject to not in stages according to the.if authorities who as well as impose sanctions on health workers who commits an offense can do the issuing of sanctions from the most light to most heavily or can be directly revoked the license of security in a fixed manner. the decision-making procedure consideration raft of sanctions to form a team to in the elected official actually available for analysis about the violations committed of health workers, as required by article 33 paragraph 2 ( monitoring on the health ministry`s regulation in the field of health which reads an official who would have done the administrative can form ad hoc team to help in performing verification, clarification and violation of the regulations of the study on legislation the health sector based on reports on the results of supervision.although administrative sanctions not through judicial domain general, the sanction that was given is a decision to run by paramedics who proven doing violations of health services done violation privacy patients. 2. as a result of civil out of the corner of civil law in accordance with the article 1365 kuhperdata set about the legal liability of a person to committed an illegal action law.this not only to the act of criminal alone would have but if it contrary to the statute and even with the provisions of other not written.the law of committed an illegal action was conducted with the aim to protect and provides compensation to the inflicted loss party.in the science of law known three categories of committed an illegal action as follows: a. an unlawful act because a. intention. b. committed an illegal action without error ( without some element of intention and heedlessness. c. an unlawful act due to negligence. in article 1366 kuhperdata whenever a party or a person with deliberately or negligent so it can are required to replace the loss was which reads every unlawful act, that carries loss to yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 21 others requires a because his fault issue the loss came after a, replace the loss.men of understanding out of a norm this imposed on health workers that has been shown to legally of having committed an offense privacy replace loss suffered by patients.patient as recipients of these services health services when do not feel can be serviced by carry on a suit in accordance the regulation, article 58 of law replied in health paragraph ( 1 ); every persons have the right demanded compensation of against a person of health workers, and / or health administrators which have inflicted losses result of an error or omission of health services they have. paragraph ( 2 ); demands compensation as referred to in paragraph ( 1 ) do not apply to perform the act of rescue paramedics who lives or prevention of disability someone in an emergency. paragraph ( 3 ); provisions regarding the procedure of submission demands as referred to in paragraph ( 1 ) will be regulated in line with the law. the explanation given during this law in a resolute manner provide rights to patients who feel aggrieved to doing any fault or negligence worker for civil charges in for the losses suffered by, privacy patients in terms of this is not something that to be suspended their fulfillment emergency health service in going on and of any new violation of privacy has to be accounted for by health workers for noncompliance.compare a breach of privacy with the elements of malpractice, have an element of as follows: malpractice: a. do the existence of a form of active and passive ) certain in practice medicine. b. who did the doctor or under your order c. conducted against his patient. d. on purpose and negligence. e. as opposed to standards of a profession, operational standard procedure the principles of professional medicine, or breaking a law or done without good authority because in the absence of concern, informed without registration certificate of, without practice, license is not in accordance with their needs medical patient.yang menimbulkan akibat kerugian bagi kesehatan fisik ataupun mental ataupun nyawa pasien. f. therefore, forming legal accountability for health workers. a breach of privacy of an opinion above sure it will all be malpractice, although other opinion which states that malpractice tended to be resulting from neglect ( negligence ) that context are considered to be more than the act of lacking in caution ( careless conduct and later patients who pleads or demands must be able to prove the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 22 a. doctors ( of health workers not his approach to his duties towards patients ( a duty of care was cawed to him by the doctor ) b. of words transgression is not follow up to liability ( that has been breached ) c. offense causing damage to it ( the breached resulted in damage ) d. damage or loss that occurs can be predicted easily that damage the foreseeable reasonably. these opinions of course meet malpractice element by health workers when breaking privacy patients, that is basically the obligation for a health workers is respecting and protect privacy for the patient to so that does not cause a loss for patients who handled by it in accordance with legislative regulations.unlawful act ( onrecht-matge daad ) with progress in was expanded into four the following criteria: contrary to a legal obligation, against legal rights subjective others, against rule of discretion and contrary to propriety; cautious and that is supposed to be owned by somebody in intercourse with fellow society or concerning the things that others.however a breach of privacy need further assessment by the agency of of conduct each of health workers. the assessment of the losses suffered by patients according to eko pujiono loss suffered by patients are not always medically, loss loss must draw the interests of economical loss. identification next element loss or damage ( damaged ) would bring them to loss and immaterial. materiel having the character of calculation compensation due to loss suffered by patients aiming to develop the condition of balanced and neutral or cover the loss of some of that which. materiel losses are defined as the disadvantage that results directly of a fault or negligence during in medical care while loss immaterial can be defined as the loss of income. in the case of breaking privacy due to law which had caused losses to matter and immaterial sure may be put forward as compensation for a loss.extent of damages to be given away in the rule of legislation not regulated; a judge as those who weighed into account the feasibility of the size of the turn of the loss both in material or immaterial, the plaintiff must be able to prove the compensation for in their bids.the regulation is based on verifiable in bw. according to section 1865 bw that everyone that postulates that he has a right or in order to establish her own right and a dispute with the rights of others, designating an event, required to prove the existence of a right or the incident next can be compared the equation on herzien indonesisc forbidden regalement ( article 163 mentioned that whoever said he has the right or designating an event to get materials to fortify their rights that or to refute one the rights of others, is obliged to prove the existence of the truth or occurrence that was mentioned by these. understanding in the provisions in this regulation has a lawsuit will find it difficult to prove when yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 23 it should be only a medical malpractice alleged that causes disability or death; the position of patients more weak in this scientific proof because health and in medicine more controlled by health workers and has a variety of consideration in performing an action, but on the offense privacy in the service of health did not so difficult was, compare to the cases of that ever happened where health workers upload photos, to take a picture, without the consent of the patient sure it can be easily prove the violation with a sign authentic. 3. due to criminal law the act of practices medicine did not mention a clear understanding of the criminal sanctions that can be given to medical doctors who violates privacy patients that is incumbent upon every doctor.procedure consideration the tribunal honor of conduct of medicine ( mkek ) can be run internally profession but the process towards the demands of the criminal investigation could still be taken.sanctions mkek more on a procedure to himself to be a management so that answer is administrative. while in the case of healthcare legislation have not been included in criminal sanctions that can be granted to health workers when breaking privacy patients, for this bill just set about first aid to the patient article 190 paragraph ( 1 ), criminal practices traditional health service without permission to article 191, the buying and selling of criminal organ of the human body at article 192, plastic surgery of change criminal identity article 193, article 194, criminal abortion the buying and selling of criminal blood article 195, criminal pharmacological, medical equipment article 196, 197 198, production and imports criminal cigarette article 199, withhold that criminal maintenance of the mother exclusive article 200, a special rule an unregulated specifically. legal principle of lex specialis derogat lex generalist when a special act have been present then the act of a more general can be neglected ) next in article 63 paragraph ( 2 a book the act of criminal law ( kuhp ) stated that: if a deed included in a criminal rules the existing arranged also in terms of regulation crimes specifically, it is that are specially that is what applied.it is not legal concept can be implemented on the approach of the completion of a breaking privacy had been delayed because patients in a special act specifically regulate are content with the current. history judicial decisions related criminal against health workers so far they have not been registered.related jurisprudence judicial decisions in the case of breaking privacy patients should be able to be used as the guidelines of judgments in force the same case, according to national legal development agency bphn ) 1995 stated that case law can be used as reference the same case decision on fulfillment of elements:: 1.rule on an event law is uncertain arrangement legislation. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 24 2.the ruling should be the judgment which has with a magnitude of fixed set of laws. 3.has repeatedly been used as the basis to break that same. 4.the ruling has meet the sense of justice. 5.the ruling by the supreme court. judicial decisions about criminal offense privacy by health workers there is no case law his until now alleged criminal medical malpractice that is of a suit which is often go to the law court although in fact most in the resolution of cases this is over mediation. due to criminal violation of privacy in terms of the law of information and electronic transaction can be used as be considered criminal law for health workers.article 27, paragraph 1 the act of electronic transaction reads as follows: everyone with willfully and without right distribute and / or transmits and / or make able in the access to electronic information and / or document electronic who has charge of who violates decency. the decency in this article when connected with full insight and understanding in a dictionary large indonesian language ( kbbi ) ” regarding discretion; having to do with culture and manners ” and what that means is decency not only oriented to, vulgarity or sexuality but all things related to the courtesies and culture that is set in the society.criminal next in this article is provided in article 45 paragraph ( 1 ) the law of information and electronic transaction that meet element that everyone who so much as in article 27 paragraph ( 1 ), paragraph ( 2 ), paragraph ( 3 ), or paragraph ( 4 ) to be imposed with an imprisonment of no longer than 6 old and / or a maximum fine of 1.000.000.000 ( one billion rupiah ), the provisions of article as criminal consideration when of health workers is suspected of committing a breach of privacy patients in social media without the consent. due to criminal law violation of privacy patients from alleged malpractice, kept on a constant review in legislation indonesia do not clearly state about defenisi malpractice, according to veronika komalasari: malpractice derived from a malpractice that those to whom we have is a mistake in running a profession arising as a consequence of the obligations that must be conducted doctor.thus medical malpractice is a mistake in running medical profession that does not conform to standards of a profession medical exam in running profession. malpractice can be defined as fault, neglect careful an district by health workers in the conduct of their obligations in servicing patients according to standard profession, the act of practices medicine, article 51 kodeki, the act of nursing, article 37 article 28 of the ministry of finance and the regulation on licenses for midwifery; practices the act of of health workers, article 73 the act of that mentioned are the responsibilities of a profession of health workers keeping secrets, information and privacy pertaining to patients who it serves.and that patients can be categorized as a breach of privacy in yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 25 violation of medical malpractice that can result in criminal. demands. a patient in its position as the victim in the case of a criminal act in accordance with the article 1 the number 3 the act of number 31 year 2014 on changes to the act number 13 year 2006 on witness protection and the stated that: of the victims were people who experience the infliction of physical, mental and / or economic loss caused by a a criminal offense, and what that means is a patient in alleging violations of privacy by health workers in fact it is not the physical misery, but can give rise to mental suffering and economic a result of committed an illegal action law 3. conclusion the protection of the law privacy a patient in health services are not dealt with in explicit in the act of pertaining to health and practices health services, so far that rules explicit focus only on medical secrecy in the form of medical record, privacy patients during in fact is the right of that had to be met by health workers and the means of health services and shall constitutes the obligation of health workers to keep privacy patients who it serves, this requirement have been set in the act of health, the act of health workers, the act of practices medicine, the act of nursing, regulations related minister midwife practice that requires health workers behind the secrecy was related to the record good patients medical and privacy. a breach of privacy by health workers who are treated patients against his will cause due to law when patients and their families feel aggrieved on suspicion of the violation.due to administrative law civil and criminal can be used as material. accusation of health workers advices encourage explicit making process that regulates precisely because follow privacy of health workers keep a patient in service process health and clarify about privacy rights inherent in themselves patients who must be protected and be protected so that in the process of health services the rights and obligations of related patient privacy can be run professionally.conducting socialization on the importance of maintaining privacy patients that is part of the obligations of paramedics who involving the ministry of health agency health ), professional organization the hospital, health and education facilities so that this obligation was assumed something which must be obeyed and implemented. called on the government a means of health services to facilitate a patient to complained about services received that may violate the right of privacy she would had to thrash out as soon as possible in the process of mediation in order to avoid a process litigation can force own. financial losses for. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 26 references buku-buku 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tambahan lembaran negara nomor 4846. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 30 undang-undang nomor 19 tahun 2016 tentang informasi dan transaksi elektronik, tambahan lembaran negara nomor 5952. undang-undang nomor 13 tahun 2006 tentang perlindungan saksi dan korban, lembaran negara tahun 2006 nomor 64. undang-undang nomor 36 tahun 2014 tentang tenaga kesehatan, lembaran negara tahun 2009 nomor 144. undang-undang nomor 36 tahun 2009 tentang kesehatan, tambahan lembaran negara nomor 5063. undang-undang nomor 44 tahun 2009 tentang rumah sakit, tambahan lembaran negara nomor 5072 undang-undang nomor 39 tahun 1999 tentang hak asasi manusia, lembarannegara tahun 1999 nomor 165. undang-undang nomor 12 tahun 2005 kovenan internasional tentang hak-hak sipil dan politik, tambahan lembaran negara nomor 4558. undang-undang nomor 23 tahun 2006 tentang administrasi kependudukan, tambahan lembaran negara nomor 4674. undang-undang nomor 38 tahun 2014 tentang keperawatan, tambahan lembaran negara nomor 5612. undang-undang nomor 12 tahun 2011 tentang peraturan perundangundangan, tambahan lembaran negara nomor 5234. undang-undang nomor 5 tahun 1986 tentang peradilan tata usaha negara, tambahan lembaran negara nomor 3344. ketetapan majelis permusyawaratan rakyat tap mpr nomor xvii/mpr/1988 tentang hak asasi manusia peraturan mahkamah agung perma no 1 tahun 2016 tentang prosedur mediasi di pengadilan, berita negara tahun 2016 nomor 175. peraturan menteri peraturan menteri kesehatan republik indonesia nomor 269/menkes/per/iii/2008 tentang rekam medis peraturan menteri kesehatan republik indonesia nomor 28 tahun 2017 tentang izin dan penyelengaraan praktik bidan yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 31 peraturan menteri kesehatan republik indonesia nomor 10 tahun 2018 tentang pengawasan di bidang kesehatan putusan mahkamah konstitusi putusan mahkamah konstitusi nomor 50/puu-vi/2008 tentang informasi dan transaksi elektronik. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 296 legal protection against notaries in the process of authentic deed processing afdol, baby nita selly veronika faculty of law, narotama universty surabaya e-mail:babyveronica459@gmail.com abstract the position of a notary is very necessary in the business world, because it is in accordance with its duties which is to record civil actions and set out in an authentic deed. source of data used in this study is secondary data consisting of primary legal materials in the form of basic norms/rules and related laws and regulations. with the law of protection of notaries in particular the type of research in this legal research is normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues faced engineering and data collection in research this is done by means of library research. data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, secondary and tertiary related to this research. keywords: legal protection, notary, authentic deed 1. introduction position of a notary as a public official is an honorable position given by the state through law to people he trusts. notary positions cannot be placed in executive, legislative, or judicial institutions. notaries are expected to have a neutral position, so that if placed in one of the three state bodies, the notary can no longer be considered neutral. notaries are expected to be able to provide legal counseling to the public in the field of notary, besides that a notary is also prohibited from taking sides with his clients, because the notary's job is to prevent problems. the existence of a notary institution is required by the rule of law with the aim of serving and assisting people who need authentic written evidence. article 1868 of the criminal code states that an authentic deed is a deed made in a form that has been determined by law and made by or before an authorized public official at the place where the deed was made. on the basis of the article above, it becomes the guideline for the promulgation of law number 30 of 2004 concerning the position of a notary which was promulgated in the state gazette of the republic of indonesia of 2004 number 117 concerning the position of a notary (hereinafter referred to as uujn) (reza berawi: 2009). the definition given by uujn refers to the duties and authorities carried out by a notary. a notary carries out his duties solely not only for the personal interest of the notary himself, but also for the benefit of the general public (henricus subekti: 2006). the authority of a notary as stated in article 15 of the uujn is to make an authentic deed regarding all actions, agreements, and provisions required by laws and/or desired by the interested http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 297 parties, to be stated in an authentic deed, to guarantee the certainty of the date of making the deed, to keep the deed, provide copies and quotations of the deed, all as long as the making of the deed is not assigned or excluded to officials or other people stipulated by law. notaries are also authorized to ratify signatures and determine the certainty of the date of making the letter under the hand by registering in a special book (legalization) (rudianto & roesli, 2019). legalization is the act of ratifying signatures and determining the certainty of the date of an underhand letter made by an individual or by the parties on paper with sufficient stamp duty which is signed before a notary and registered in a special book provided by a notary. the authority of the notary also includes carrying out waarmerking or registering letters under the hand by registering in a special book, making copies of the original letters under the hands in the form of copies containing descriptions as written and described in the letter in question. notaries are also authorized to ratify the compatibility of photocopies with the original letters (legalized), as well as provide legal counseling in connection with the making of the deed, besides that the notary can also make a deed related to land and make a deed of auction minutes (abdul ghofur: 2009). what is contained in the beginning and end of the deed which is the responsibility of the notary is an expression that reflects the actual situation at the time of making the deed (tan thong kie: 2000). the position of a notary is very risky and there is very little legal protection, many criminal and civil cases are found involving the notary because of his mistake in making an authentic deed and the parties appearing to be dishonest in the process of making an authentic deed. this legal research discusses the legal protection of notaries in making authentic deeds 2. research methods in this study, the researchers used three problem approach methods, namely, the statutory approach, the conceptual approach, and the case approach. thestatute approach iscarried out by reviewing all laws and regulations related to the legal issues being handled. a statutory approach is needed to further examine the regulation of organ transplantation and the authority of a notary in making a deed of use as a prerequisite for a person to become a recipient. in this study, the laws used are; 1. law no. 30 of 2004 concerning notary positions 2. law no. 2 of 2014 concerning amendments to law no. 30 of 2004. conceptual approach (conceptualapproachdeparts)from the views and doctrines that develop in legal science . studying the views and doctrines in legal science, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issues at hand. the case approach is carried out by conducting an assessment of similar cases and related to the legal issues under study. in this study, primary legal materials were used consisting http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 298 of legislation, official records or minutes in the making of legislation and judges' decisions. meanwhile, secondary legal materials are all publications on law which are not official documents. publications on law include textbooks, legal dictionaries, legal journals, and commentaries on court decisions. in this study, the secondary legal materials used include: books in the field of law, papers, articles, and theses. the procedure for collecting and processing legal materials is the first step to collect legal materials, both primary and secondary, related to the research methods used to answer legal issues. collecting legal materials by researchers by reading books and legislation that have been owned by researchers or by borrowing books from campus libraries and libraries related to the issues to be discussed, as well as conducting interviews with authorized officials. then the legal materials that have been collected are processed by classifying them based on the legal issues used and then analyzing them. 3. results and discussion history of notary institutions notary institutions in indonesia date back to the dutch era, because the indonesian notary position regulations originated with the notary reglement (stbl. 1660-3) even long ago, namely in 1620. the first notary in the dutch east indies was melchoir kerchem and his duties are to serve all letters, wills under the hand (codicil), preparation of information, deed of trade contracts, marriage agreements, wills (testament), and other deeds and provisions that are necessary from the municipality and so on. five years later the number of notaries has been steadily increasing. notary appointments are prioritized for candidates who have undergone an apprenticeship period with a notary (supriadi: 2006). the notary institution in the netherlands at that time based on the emperor's decree dated november 8 and november 6, 1811, was declared valid in the netherlands with the first generally accepted regulation in the field of notary, where previously there were no general provisions governing the notary law in the netherlands. the netherlands was promulgated on 9 july 1842 regarding the notary position. this law then underwent many changes according to the needs of the community and the development of the times at that time and the changes occurred on december 24, 1970 and finally on july 1, 1999 (andi prajitno: 2015). the appointment of a notary in indonesia, which at that time was called the dutch east indies archipelago, was aimed at regulating trade competition with a colonial background by controlling the field of trade in a monopoly and at the same time confirming the control of the dutch government's colonies in the archipelago. during the japanese colonial era, there were absolutely no fundamental changes to this profession or institution, both in its functions and regulations. this is because the japanese colonial period was not too long and very short. the period of the government of the independent http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 299 republic of indonesia was divided into 3 (three) periods or periods, based on the enactment of the law on notaries, namely: 1. pjn (regulation of notary positions). 2. law number 30 of 2004 concerning notary positions 3. law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning notary positions, which is a refinement of law number 30 of 2004. the journey of indonesian notaries has developed in accordance with development of the indonesian state and nation. this was marked by the success of the reform order government in enacting law number 30 of 2004 concerning the position of notary. this law regulation is a substitute for the notary position regulation which is a regulation of the dutch colonial government. then the last uujn has been changed so that the latest is law number 30 of 2004 concerning notary positions. understanding the position of a notary notary is a profession of trust and different from the profession of a lawyer, where the notary in carrying out his obligations does not side with any party. therefore, in his position, the person concerned is trusted to make evidence that has authentic strength. (wiratni ahmadi, sari wahyuni, ahmad s. djoyosugito: 2016) notary institutions arise because of the community's need in regulating the social life of fellow individuals who need evidence regarding their civil relationship. therefore, the general power based on the legislation assigns the task to the person concerned by the parties who do it who have authentic power. article 1 point 1 uujn explains that a notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws. article 15 paragraph (1) uujn, it is explained that: "notaries have the authority to make authentic deeds regarding all agreements and stipulations required by laws and/or desired by interested parties to be stated in an authentic deed, guarantee the certainty of the date of making the deed, keep the deed, provide grosse, copy and quote of the deed, all of which is as long as the making of the deed is not also assigned by law." regarding authentic deeds, article 1 point 7 uujn explains that a notarial deed, hereinafter referred to as an authentic deed, is a deed made by or before a notary according to the form and procedure stipulated in this law.authentic deed according to article 1868 of the civil code, namely: "an authentic deed is a deed in the form determined by law, made by or before an official public employee who has power for that at the place where the deed was made” 2015 notary code of ethics in article 1 point 4 m explain that a notary is any person who assumes and carries out his duties as a public official, as intended and explained in the law on notary positions. so what is meant by public officials in the legal system in the republic of indonesia is the only person who serves as a notary. thus, what is called a notary, also includes all employees assigned by the government to carry out all work related to the work of a notary. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 300 notary is a public official who is independent (independent), has the right to regulate, determine the office, both in the form of the location and shape of the building and employees from the amount and salary, not depending on other officials or institutions. if there is the term "public" in the notary position, then the public here means that this official serves the general public in terms of making various or many kinds of authentic deeds related to the field of civil law and this authority has not been delegated to other officials and requested by the public. public who need or have an interest so that their legal actions are stated in the form of an authentic deed and the law requires that it be in the form of an authentic deed whose authority lies with a notary. based on the description of the sound of the articles that are still valid, it can be concluded that the only official referred to in the civil code article 1868 is a notary, although article 1868 only explains what is called an "authentic deed", but does not explain what a "public employee" is. it also does not explain the place where he is entitled or the limits of his authority in such a way, to what extent his rights are and what form according to the law is meant. article 1868 of the civil code relating to uujn number 2 of 2014 article 1 paragraph 1 and paragraph 7, as well as article 15 paragraph 1 it can be concluded that public employees are public officials and the authentic deed is the notary's deed. the reign of the republic of indonesia's independence is divided into three (3) the period or periods, based on the enactment of legislation on notary, namely: 1. pjn (rule notary), since its independence until the enactment uujn (old order, new order, prior to the reform order before june 2004) 2. uujn number 30 of 2004 (law number 30 of 2004 concerning notary positions) since the reform order enacted on october 6, 2004 3. uujn number 2 of 2014 concerning amendments to law number 30 of 2004 concerning positions notary which is a refinement. in carrying out their profession, notaries are required to comply with the law of the republic of indonesia number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of a notary. notaries also have a notary code of ethics that must be obeyed while still carrying out their profession as a notary. the code of ethics is also contained in uujn article 83 paragraph (1), the article explains that the notary organization in this case is the indonesian notary association (ini) establishes and enforces the notary code of ethics. duties and authorities of a notary public the duties and authorities of a notary are regulated in article 1 point 1 of the 2014 uujn, namely making authentic deeds and other authorities as referred to in the uujn. other authorities as referred to in the uujn refer to article 15 paragraphs (1), (2) and (3) of the 2014 uujn. so, to be able to make authentic deeds based on article 1 of the regulations on the position of a notary, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 301 they must have the position of a "public official". . without that position, he does not have the authority to make an authentic deed (r. soegondo notodisoerjo: 1982) the word authority in article 1 of the regulation of the position of notary relates to the provisions in article 1868 of the civil code which states that "an authentic deed is such, which is made in the form determined by law by or before the authorized public official, at the place where it was made. the authenticity of the deed is related to the authority of the notary in making the deed where the authority of the notary is general while the authority of other officials is an exception, the meaning of the word "uitsluitend" (the only one) in article 1 of the pjn is intended to provide confirmation that the notary is the only one who has "certain" authority. , meaning that their authority is nothing more than making an authentic deed that is expressly assigned to them by law. one of the conditions that must be met in order for a deed to obtain authenticity is the authority of the notary concerned to make the deed, the notary's authority includes 4 (four) things, namely: a. the notary is authorized as far as the deed is made. not all public officials are authorized to make deeds, but a public official can only make certain deeds, namely those assigned or excluded to him based on statutory regulations. b. a notary is authorized as long as it concerns the person for whom the deed was made. notaries are not authorized to make deed for the benefit of everyone. in article 52 paragraph 1 uujn, it is stipulated that a notary is not allowed to make a deed for himself, his husband/wife, or another person who has a family relationship with a notary either because of marriage or blood relations in a straight line of descent and/or upwards without restrictions. degrees, as well as in a line to the side up to the third degree, as well as being a party to the intermediary of power. the purpose and objective of this provision is to prevent the occurrence of impartial actions and abuse of office. the notary is authorized as long as it concerns the place where the deed was made. that the deed was made by or before an official who is authorized to make it at the place where the deed was made. so the deed must be made at the place of authority of the official who made it. invalid. d. the notary is authorized as long as the time of making the deed is concerned. a notary may not make a deed as long as he is on leave or is fired from his position, as well as a notary may not make a deed before he assumes his position (before taking his oath). if one of the above requirements is not met, then the deed made is not authentic and only has the same power as a deed made under the hand, if the deed is signed by the parties. the provisions of article 1870 of the civil code can be concluded that the authentic deed has absolute evidentiary power, especially if the deed makes an agreement that binds both parties who make the agreement. thus, a notary is a (public) position which has the following characteristics: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 302 a. as a position, uujn is a unification in the field of regulating notary positions, meaning that the only legal rule in the form of laws governing notary positions in indonesia, so that all matters relating to notaries in indonesia must refer to uujn. the position of a notary is an institution created by the state. placing a notary as a position is a field of work or task that is deliberately created by the rule of law for certain purposes and functions (certain authorities) and is sustainable as a permanent work environment. b. notaries have certain authority. every authority given to the position can run well, and does not collide with the authority of other positions. thus, if an official (notary) commits an act outside the authority that has been found, it can be categorized as an act of violating authority. the authority of a notary is only stated in article 15 paragraphs (1), (2) and (3) of the uujn. legal protection efforts for notaries the form of legal protection for notaries in the criminal justice process according to uujn is the provisions governing the obligation to deny and the rights of notaries as stated in article 4 paragraph (2), article 16 paragraph (1) letter f and article 54 and putting fingerprints on the minutes of the deed. another form of protection can be in the form of article 16 paragraph (1) letter c, to protect the notary in the form of the approval of the notary honorary council against the summons of a notary. this is regulated in article 66 paragraph (1) of the amendment uujn which states that for the purposes of the judicial process, investigators, public prosecutors or judges are subject to the approval of the notary honorary council. protection of notaries as members of the indonesian notary association. the provisions regarding the notary organization are regulated in article 82 paragraph (2) of the amendment uujn which states that the notary organization as referred to in paragraph (1) is the indonesian notary association. the core purpose of establishing this association is to provide a guarantee of protection for notaries with regard to their profession and position as public officials; and supervision of the practice of the notary profession. supervision of notaries based on article 67 paragraph (5) amendments to the uujn which includes: supervision of notary behavior and the implementation of notary positions. supervision of notary behavior in the amendment of the uujn can be seen in article 9 paragraph (1) letter c and article 12 letter c, namely the behavior of a notary which can be categorized as a disgraceful act and an act that demeans the honor and dignity of the notary's position, for example gambling, drunkenness, abuse drugs and so on. mpd still has other powers other than those stipulated in article 66 paragraph (1) uujn no. 30 of 2004, among others, as regulated in article 67 uujn no. 30 of 2004 which states: (1) supervision of notaries is carried out by the minister. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 303 (2) in carrying out the supervision as referred to in paragraph (1) above, the minister shall form a supervisory council. (3) the supervisory board as referred to in paragraph (2) consists of 9 people, consisting of 3 government elements. (4) in the event that an area does not contain elements of government agencies as referred to in paragraph 3 letter a, membership in the supervisory board is filled from other elements appointed by the minister. (5) the supervision as referred to in paragraph (1) covers the behavior of the notary and the implementation of the notary's position. (6) provisions regarding supervision as referred to in paragraph (5) shall apply to substitute notaries, special substitute notaries and temporary notary officials. the mpd's authority is not only to give written approval in summoning and examining notaries by investigators in their capacity as witnesses or suspects, but more than that, mpd has other powers which are also regulated in uujn no. 30 of 2004. therefore, the existence of the mpd as a notary supervisory agency in the district / city area still exists and still has the authority, duties, and responsibilities in carrying out supervision and development of notaries in the regions. amendments to the law on notary positions no. 30 of 2004 became law law no. 2 of 2014 which was promulgated on january 15, 2014 created new problems in terms of the implementation of article 66 paragraph (1) as the basis for provisions regarding the protection of notaries in terms of taking photocopies of the minutes of deed for the purposes of investigations and court examinations by polri investigators, public prosecutors and judges. , as well as summons by polri investigators both as witnesses and suspects. this is because article 66 paragraph (1) uujn no. 2 of 2014 gives authority to the notary honorary council (mkn), which until now the organization has not been formed. the establishment of the notary honorary council organization require s implementing regulations in the form of a regulation of the minister of law and human rights in terms of establishing organizational structures, work procedures and the authority to give written approval to polri investigators, public prosecutors and judges. 4. conclusion the position of a notary is very important in the business sector in indonesia, a notary is tasked with making authentic deeds but there are other authorities such as legalization, making wills, skmht, and so on in accordance with the law on notary positions and other laws and regulations and notaries need extra legal protection to protect themselves and the position they hold. legal protection can be in the form of fingerprint attachment, right of denial and legal assistance by the supervisory panel. notaries are obliged to fortify other legal sciences such as http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 304 deepening of knowledge of criminal law and state administration as an additional insight and as a shield for the position of a notary held references ibrahim, a. kohar (2004), notary communicating, bandung: alumni. subekti, henricus (2006 ), notary duties (needs) to be supervised, renvoi, number 26, third year. ghofur, abdul (2009), indonesian notary institute, yogyakarta: uii press. kie, thong, tan (2000), notary studies & miscellaneous notary practices, jakarta : icthiar baru van hoeve. sjaifurracman (2011), aspects of notary accountability in making deeds, bandung: mandar maju. supriadi (2006), ethics & responsibilities of the legal profession in indonesia, jakarta : sinar garfika. prajitno (2015), andi,practical knowledge about what and who is a notary in indonesia according to uujn number 2 of 2014, surabaya : media archipelago officers. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. wiratni, ahmadi, wahyuni, sari, djoyosugito ahmad s. (2016), notary deed making techniques,bandung : logoz publishing. notodisoerjo, r. soegondo (1982), notary law in indonesia,jakarta: rajawali. adjie, habib (2005), “the law on notary positions (uujn) as a legal unification of notary arrangements”. renvoi, number 28. sutedi, adrian (2010 ), notary testimony is not an imperative legal obligation in civil cases, jakarta : pustaka ilmu http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 322 legal aspects in the establishment of a village owned business entity deed and its business branches elvareta elen bayu permata faculty of law university surabaya e-mail: elvaretaelenbayu@gmail.com abstract the village is the forerunner to the formation of a government in a unitary state, it can be said that the village is a miniature of a country. there are rights and obligations of village communities, especially in the field of human resource management and natural resources. in carrying out efforts to improve in the economic field, villages can form bumdesa which has the aim of increasing the income of the villagers. the establishment of bumdesa can be done through village meetings, if village officials need official documents, it can be made in the form of an authentic deed before a notary in accordance with article 15 of the law on notary services and its amendments. the type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer legal issues faced. techniques and data collection in this research is carried out by means of library research ( library research). data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, with secondary and tertiary related to this research. the purpose of this legal research is to analyze the legal aspects of the establishment of bumdes which is made with an authentic deed document. the legal issue in this study is the legal aspect of the establishment of bumdes and other business branches, the second legal issue is the role of a notary in the establishment of a village-owned enterprise business unit. the conclusion of this research is that the village government exists and exists until now since the nkri was formed, the village has the potential of natural resources that must be managed in an accountable, professional and trustworthy manner. regarding village management, bumdesa can be used as a means of driving the economy for the village community. that notaries can assist in making deeds relating to the establishment of bumdesa and bumdesa business units. keywords: bumdesa, authentic deed, notary 1. introduction relationship between the center and the regions within the framework of a unitary state is quite interesting to study. the problem that arises in practice, namely the attraction of interests is clearly unavoidable. for a unitary state, the efforts of the central government to always be in control of various government affairs are very clear. usually, the state in the form of a unitary government authority is the center. the authority granted by the center to the regions is very limited. (ni'matul huda: 2010). the absolute characteristics inherent in a unitary state are: first, the supremacy of the central people's representative council, and second, the absence of other sovereign bodies (miriam budiharjo: 2000). government power in a country in the form of such a unit can be carried out in a centralized manner (abu daud busrro: 2001). the village is the smallest scope of government under the auspices of the regency, the village government is led by the village head and village apparatus as an element of village administration. the village is regulated in law number 6 of 2014 concerning villages explicitly assigning tasks to the village government in terms of administering government, implementing http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 323 development, community development, and community empowerment based on pancasila. villages have enormous potential is very large and requires special attention so that the stigma of "success only exists in the city" slowly shifts to success it can be built from the village through natural resource utilization programs (rudianto & roesli, 2019). for example, the number of villages in east java province is more than 8000 villages spread across various regions. district ten. given that the village has the potential for human resources that must be given the opportunity to manage the village, the village law provides a program for the formation of village-owned enterprises established by the villagers. examples of successfulas in villages include: 1. management of umbul ponggok tourist attractions 2. management of bottled drinking water originating from springs 3. bumdesa of karangkandri sejahtera 4. bumdesa srisadani, kedung primen, bojonegoro the bumdesa have assets of billions of rupiah and managed to become an economic source for the local villagers. it is hoped that the village can be managed well and reduce the number of tki/tkw every year. with the facts above, this legal research was conducted as a form of contribution to the science of civil law and state administration which can be used as a reference for stakeholders. 2. research methods legal research is a process to find the rule of law, legal principles, and legal doctrine in order to answer the legal issues faced. this is in accordance with the character of legal science. there are two types of legal research proposed by soerjono soekanto, namely normative legal research and empirical legal research. the type of research used in this research is normative legal research, which is a research that primarily examines positive legal provisions and legal principles. to support legal research, research methods are used which consist of the approaches used in this legal research, namely the statute approach, the case approach, the comparative approach and the conceptual approach. this study uses empirical juridical methods, namely juridical research conducted by examining library materials called library research with a statute approach. sources of legal materials used in this legal research use primary legal materials which are authoritative legal materials, meaning they have authority. primary legal materials consist of legislation and judges' decisions. the primary legal materials in this research are: a. 1945 constitution of the republic of indonesia b. law no. 6 of 2014 concerning village government c. law no. 2 of 2014 concerning amendments to law no. 30 of 2004 concerning the position of notary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 324 d. government regulation of the republic of indonesia number 11 of 2020 concerning village-owned enterprises while secondary legal materials are all publications on law that are not official documents. publications on law that are used as secondary legal materials in research are textbooks, legal dictionaries, literatures, scientific journals, and other dictionaries as support. 3. results and discussion legal aspects of establishing bumdes and other business branches the words government and government have different meanings. government implies carrying out the duties and functions of government, while government implies the meaning of government. the term government in a sense is divided into two, namely the government in a narrow sense, specifically only concerning executive power. according to the 1945 constitution, the government is the president, the vice president and is assisted by ministers. government in a broad sense is all state organs including the dpr (executive and legislative) (cst kansil: 2009). the village is a government unit under the regency/city. villages are not the same as sub-districts whose status is under the sub-district head. kelurahan is only the work area of the lurah to carry out sub-district administration and does not have the right to regulate and manage the interests of the local community. villages have rights of origin and traditional rights that are inherent in every resident. that in the course of the state administration of the republic of indonesia, villages have developed in various forms so that they need to be protected and empowered to become strong, advanced, independent, and democratic so that they can create a strong foundation in implementing governance and development towards a just, prosperous, and prosperous society. regulations regarding villages are regulated in the law of the republic of indonesia number 6 of 2014 concerning villages. village is a village and traditional village or what is called by another name, hereinafter referred to as village, is a legal community unit that has territorial boundaries that are authorized to regulate and manage government affairs, the interests of the local community based on community initiatives, origin rights, and/or traditional rights. recognized and respected in the government system of the unitary state of the republic of indonesia. regarding the territorial or geographic area of the village, article 5 of the village law states that the village is domiciled in the regency/city area. part two types of villages article 6 (1) villages consist of villages and traditional villages. considering that the village is the smallest part of regional government, the village has the authority as stated in article 18 of the village law that, village authority includes authority in the field of village administration, implementation of village development, village http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 325 community development, and village community empowerment based on community initiatives, origin rights, and village customs. a village is led by a village head based on article 25 of the village law which states that the village government is led by a village head who is assisted by village officials. the village apparatus consists of the heads of affairs, namely the executor of affairs and the head of the hamlet. the heads of affairs assist the village secretary in providing data, information and providing services. implementation of affairs is an official who carries out village household affairs in the field. the hamlet head is the deputy village head in his area. the role and authority of the village head for the progress of the village is very important, so that the village head should be a capable figure in leading the village so that the village is independent and can develop in the future. the village is obliged to: a. protect and maintain the unity, integrity and harmony of the village community in the context of national harmony and the integrity of the unitary state of the republic of indonesia; b. improving the quality of life of rural communities; c. developing democratic life; d. develop village community empowerment; and e. provide and improve services to rural communities. village communities have the right to: a. requesting and obtaining information from the village government as well as supervising the implementation of village governance, implementation of village development, village community development, and village community empowerment; b. get equal and fair service; c. delivering aspirations, suggestions, and oral or written opinions in a responsible manner regarding village administration activities, implementation of village development, village community development, and village community empowerment; d. choose, be elected, and/or appointed to be: village head, village apparatus, member of the village deliberative body; and members of village community institutions, get shelter and protection from disturbances to peace and order in the village. village communities also have obligations including the obligation to: a. build yourself and maintain the village environment; b. encouraging the creation of village government administration activities, implementation of village development, village community development, and good village community empowerment; c. encouraging the creation of a safe, comfortable, and peaceful situation in the village; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 326 d. maintain and develop the values of deliberation, consensus, kinship, and mutual cooperation in the village; and e. participate in various activities in the village given that the village is given a large amount of funds, the government provides funds to be managed. village financial management can be developed into capital in the formation of village-owned enterprises. article 87 (1) villages may establish village-owned enterprises called bum desa. (2) bum desa is managed in a spirit of kinship and mutual cooperation. (3) bum desa may run a business in the economic sector and/or public services in accordance with the provisions of laws and regulations. article 88 (1) the establishment of bum village is agreed upon through a village deliberation. the establishment of bum village is determined by village regulation. village-owned enterprises are business entities whose capital is wholly or most of the capital owned by the village through direct participation originating from separated village assets in order to manage assets, services, and other businesses for the greatest welfare of the village community. the procedure for establishing bumdesa in article 88 (1) is agreed upon through a village deliberation and stipulated by a village regulation. from the results of the bum village business, it can be used for: a. business development; and b. village development, village community empowerment, and providing assistance to the poor through grants, social assistance, and revolving fund activities stipulated in the village revenue and expenditure budget. it is hoped that bumdesa can develop and can be a means of driving the village economy. regarding capital, the government or private sector can provide grants and/or access to capital, provide technical assistance and access to markets, and prioritize bum village in managing natural resources in the village. in the explanation of the village law that specifically bum village cannot be equated with legal entities such as limited liability companies, cvs, or cooperatives. therefore, bum village is a business entity characterized by a village which in carrying out its activities in addition to assisting the administration of village government, also to meet the needs of the village community. bum village can also carry out the functions of services, trade, and other economic development. in increasing the source of village income, bum village can collect savings at the local scale of the village community, among others through the management of revolving funds and savings and loans. bum village in its activities is not only oriented towards financial gain, but is also oriented towards supporting the improvement of the welfare of the village community. bum village is expected to be able to develop business units in utilizing economic potential. in the event that business activities can run and develop well, it is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 327 very possible that in time bum village follows a legal entity that has been stipulated in the provisions of the legislation. the government established government regulation of the republic of indonesia number 11 of 2020 concerning village-owned enterprises as an implementing regulation regarding bumdesa. article 5 of the bumdesa pp states that the achievement of bumdesa objectives is carried out through the development of the joint bum village /bum village functions including: a. consolidation of products and/or services of the village community; b. production of goods and/or services; c. holder, buyer, marketing of village community products; d. village community business incubation; e. stimulation and dynamics of the village community's national economy; f. basic and general needs services for the village community; g. increase the benefits and economic value in pp bumdes mentioned in article 7 (1) bum village founded by one (1) village by village council and founding defined by regulation village. bum desa is jointly defined by 2 (two) or more villages based on the inter-village deliberation and its establishment is determined by a joint regulation of the village head. the scope of business of the bum village is established based on the similarity of potential, business activities, or proximity to the geographical area of the bumdes. regarding the ratification of bumdesa, it is submitted to the minister of law and human rights as well as the ratification of other legal entities. notary participation in the establishment of village owned business units in the previous chapter that bumdesa can be formed by agreement between several people, the definition of an agreement according to article 1313 bw is an act by which one or more people bind themselves to one or more other people. the definition of an agreement according to r. subekti is a legal event where a person promises to another person or where two people promise each other to carry out something. (subekti, principles of civil law, 2005) making an agreement must prioritize the principle of freedom of contract which contains the right of everyone to make a contract (agreement) which contains and is of any kind as long as it does not conflict with the law, decency and public order. the principle of freedom of contract gives freedom to the parties to determine the form of a treaty, there are two forms of the purchase agreement, namely: 1. the agreement in oral form, which is an agreement made by the parties in an oral form and only by consensus and trust among parties http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 328 2. the agreement in written form, the agreement which is poured into the writing or deed, the deed is divided into two kinds: a. authentic deed the definition of an authentic deed is contained in article 1868 of the civil code, which is a deed made in a form determined by law by or before a public official authorized for that at the place where the deed was made. b. underhanded deed an underhanded deed or onderhands deed is a deed made by the parties without the intercession of an official. in article 1874 bw states that the deed below is a writing that is signed and made without the intermediary or assistance of a public official. regarding public officials who work to serve the making of authentic deeds, it is regulated in law no. 2 of 2014 concerning amendments to law no. 30 of 2004 concerning notary positions. that a notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in this law or based on other laws. notaries as public officials have the authority in article 15 uujn that notaries are authorized to make authentic deeds regarding all actions, agreements, and stipulations required by laws and regulations and/or desired by the interested parties to be stated in an authentic deed, guaranteeing the certainty of the date of making the deed. , keep the deed, provide grosse, copies and quotations of the deed, all of which are as long as the making of the deed is not assigned or excluded to other officials or other people stipulated by law. whereas article 88 (1) of the village law explains that the establishment of bum village was agreed upon through a village deliberation, but not all village officials understand the making of agreement documents, for that regarding the establishment of bumdes, village apparatus can appoint a notary in establishing bumdesa in accordance with the phrase that a notary is authorized to make authentic deed regarding all desired actions as stated in article 15 uujn. after the establishment of bumdes, a notary can also assist in ratifying the business entity in the bumdesa to the minister of law and human rights of the republic of indonesia. in addition to the establishment of bumdesa, village officials may require the making of a deed regarding bumdes including: a. establishment of a bumdesa business unit deed in the form of a legal entity b. deed of minutes of meeting in bumdesa c. deed in the form of transfer of bumdesa assets to other parties d. deed of agreement between bumdesa and other villages e. or things that theparties bumdesa want to have in common with other legal entities, namely the existence of the articles of association in the bumdes which is regulated in article 1 1 (1) pp bumdesa that http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 329 the articles of association of the bum village /bum village are together and the amendments are discussed and determined in the village deliberation. / inter-village meetings. the articles of association of bumdesa/bumdesa shall at least contain: a. name; b. domicile; c. the aims and objectives of the establishment; d. capital; e. type of business in the field of economy and/or public services; f. name and number of advisors, operational executives, and supervisors; g. rights. obligations, duties, responsibilities and authorities as well as procedures for the appointment, replacement, and dismissal of advisors, operational-executors, and/or supervisors; and h. basic provisions for the use and distribution and/or implementation and utilization of business results. 4. conclusion that the village government exists and exists until now since the nkri was formed, the village has the potential of natural resources that must be managed in an accountable, professional and trustworthy manner. regarding village management, bumdesa can be used as a means of driving the economy for the village community. that a notary can assist in making deeds relating to the establishment of bumdesa and bumdesa business units, as well as things that are desired by the parties in the operation of bumdesa activities. the role of a notary is very necessary, because not all village officials understand the law and the process of establishing a bumdesa legal entity. it is hoped that notaries will upgrade their knowledge about bumdesa. suggestions the village government is expected to manage the potential of the village and develop it through bumdes and continue to innovate for the sake of progress for the village. the notary should not refuse if the village asks for help to make deeds related to bumdesa and other deeds as a form of service to the community . references aagn ari dwipayana, et al (2006), participatory village renewal. cet. ii; yogyakarta:student library. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 330 cipta adisasmita, rahardjo (2013), participatory approach rural development, typology, strategy, concept of village center for growth. yogyakarta : graha ilmu. marzuki, mahmud peter (2011), legal research, jakarta: kencana prenada media group 2011. miriam budiharjo (2000). fundamentals of political science, jakarta: gramedia. ni'matul huda (2010). local government law, bandung: nusamedia. r subekti (1987), covenant law, jakarta: intermasa. rudianto, e., & roesli, m. (2019). civil law review non-performing loan settlement loans revolving funds national program for community empowerment in urban. yurisdiksi: jurnal wacana hukum dan sains, 14(1), 58–73. sarman and mohammad taufik makarso(2012), regional government law in indonesia, first press, jakarta: rineka http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ template jurnal ijccs yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 197 indonesian labor protection through social employment security in sustainable development goals (sdgs) perspective nur hadiyati faculty of law, universitas internasional batam, indonesia e-mail: hadiyati@uib.ac.id abstract the goal of the indonesian state is to improve people's welfare. this goal is further emphasized by developing a social security system for the welfare of all people. fulfillment of socio-economic protection that is evenly distributed and does not differentiate between social groups must be carried out by the government because it contains the state ideology which states social justice for all people. to provide social security for all the people, especially workers, indonesia has established law number 40 of 2004 concerning the national social security system. based on this, this study aims to examine whether the existing social security system in indonesia protects the people, especially workers, based on the perspective of sustainable development goals (sdgs). the research method used in answering the problem is a normative legal research method with a statutory approach, a conceptual approach, and a historical approach. this research is expected to be able to contribute knowledge and literacy to society and academics related to labor protection. this research shows that labor social security is a form of protection provided to workers and their families against various labor market risks. from the sdgs perspective, the protection of workers through employment social security can reflect the sdgs goal 8, namely decent work and economic growth, promoting sustainable and inclusive economic growth, employment, and decent work for all. keywords: labor protection, social employment security, sustainable development goals 1. introduction the presence of human rights norms contained in the 1945 constitution of the republic of indonesia now has two positions, namely as a guiding norm or guide for positive law to achieve the ideal of protecting human rights and as a norm examining positive law or law whether it is in line with the spirit of human rights (agustina, 2019). social security is a human right that is guaranteed, protected and considered by the government of indonesia in providing welfare (permana, suyatna, & sarna, 2017). in indonesia, the aim of the state to improve people's welfare is contained in the preamble to the 1945 constitution of the republic of indonesia (taniady, riwayanti, anggraeni, ananda, & disemadi, 2020). this goal is further emphasized by developing a social security system for the welfare of all people, which is mandated by the amendment of the fourth constitution of the republic of indonesia. the national social security system is a state program that aims to provide certainty, social protection and welfare for all people as mandated in article 28h paragraph (1), paragraph (2), and paragraph (3) and article 34 paragraph (1) and paragraph (2) of the 1945 constitution of the republic of indonesia.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 198 providing equal socio-economic protection and that does not differentiate between social groups must be carried out by the government (disemadi & prananingtyas, 2020a; r. kurniawan, 2013), because this is stated in the noble values contained in pancasila (indonesian ideology) which states “keadilan sosial bagi seluruh rakyat indonesia” or social justice for all indonesian people in essence the state wants to realize social justice for all people. indonesia, this is the main idea of social justice which is based on the awareness that indonesian people have the same rights and obligations to create social justice in people's lives (permana et al., 2017). historically, social security has been implemented in some countries in the world. from a historical perspective, a broad social security system was first created by the german government under chancellor bismarck. in 1883 bismarck started a social security program by providing health insurance to certain groups of workers in accordance with the needs of industrialization at that time (shihab, 2018). these various insurances are compulsory for workers and are financed by contributions from the workers themselves and their employers. workers and employers work together to finance social security programs through a social insurance mechanism (shihab, 2018). indonesia is a law-based country, of course in running the government, establishing stateto-community relations, and society and society, it will be based on legal rules made by the state (s. kurniawan & disemadi, 2020). one form of state regulation on government-public relations in terms of labor regulations (abdullah, 2018). to provide social security for all people, especially workers, indonesia established law number 40 of 2004 concerning the national social security system (national social security system law). based on the description above, the issue that will be raised is whether the existing social security system in indonesia provides protection for the people, especially workers based on sustainable development goals (sdgs). the sdgs are a global action plan agreed upon by world leaders, including indonesia, to end poverty, reduce inequality, and protect the environment. the sdgs contain 17 goals and 169 targets that are expected to be achieved by 2030 (tan, 2020). previous research was conducted by junaidi abdullah in 2018 which examined forms of social security and their benefits for workers in indonesian labor law (abdullah, 2018); arfan kaimudin in 2019 has reviewed the legal protection of child labor in indonesian legislation (kaimudin, 2019); ida ayu sadnyini and milton gabe l. tobing in 2019 have reviewed employment social security for hotel daily workers in badung-regency (sadnyini & tobing, 2020); moch thariq shadiqin in 2019 reviewed legal protection for foreign workers based on the principles of certainty and justice (shadiqin, 2019). based on these studies, there are similarities in research themes related to labor protection. however, this research has a different focus, which is to examine labor protection through the employment social security system in indonesia based on the sdgs perspective. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 199 2. research method the research method used is the normative-legal research method (doctrinal). this research emphasizes document study or library research because it focuses more on the use of secondary data (zainuddin, 2019). secondary data is the source of research data obtained through indirect or intermediary media in the form of books or archives, either unpublished or generally published. secondary data is divided into primary legal materials such as labor-related laws and regulations, social security systems and other regulations, secondary legal materials such as books or journal articles related to labor protection studies in the sdgs perspective, and tertiary legal materials in the form of online articles. as supporting data for previous legal materials. this study uses descriptive-qualitative analysis techniques to obtain correct conclusions (suteki & taufani, 2018). 3. results and discussion employment social security policy in indonesia article 1 paragraph (2) of law number 13 of 2003 concerning labor (labor law) explains that the definition of labor is any person who is capable of doing work to produce goods and or services, both to meet their own needs and for the community. the definition of labor according to the labor law is in line with the definition of labor according to the concept of labor in general, that the definition of labor includes people who are already or are currently working, who are looking for work, and who do other work such as school and taking care of the household (husni, 2014). in preventing and managing labor risks, social security is needed. social security is a protection for the welfare of the community that is organized or fostered by the government to maintain and improve the people's standard of living (putri & murdi, 2019). social security is a basic need for society, it is the goal of the state and the responsibility of the government because it is related to human rights issues (lestariyono, sugiri, & safa’at, 2019). social security can be interpreted broadly and can also be interpreted narrowly. in a broad sense, social security includes various efforts that can be made by the community or the government. these efforts are categorized into four main business activities, namely: a). efforts in the form of prevention and development, namely efforts in the fields of health, religion, family planning, education, legal aid, and others that can be grouped into social services; b). efforts in the form of recovery and healing, such as assistance for natural disasters, elderly people, orphans, people with disabilities, and various disabilities that can be referred to as social assistance; c). efforts in the form of coaching, in the form of improving nutrition, housing, transmigration, cooperatives, and others that can be categorized as social infra structure; and d). efforts in the field of labor protection specifically aimed at the workforce community who are at the core of the development  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 200 workforce and always face socio-economic risks are classified as social insurance (asyhadie, 2007). with the enactment of law number 40 of 2004 concerning the national social security system (national social security system law), indonesia already has a social security system for all indonesian people (pakpahan & sihombing, 2018). in definitive terms, the broad definition of social security can be found in the national social security system law, in article 1 point 1 states that “social security is a form of social protection to guarantee that all people can fulfill their basic needs for a decent life”. the basis for the formation of the national social security system law for the administration of social security are (tim koordinasi komunikasi publik terintegrasi jaminan sosial bidang ketenagakerjaan, 2016): 1). the implementation of a national social security system is based on human rights and the constitutional rights of every citizen. article 28h paragraph (3) of the constitution of indonesia stipulates, “every person has the right to social security which enables his complete development as a beneficial human being”; 2). the implementation of the national social security system is a manifestation of the state's responsibility in developing the national economy and social welfare. article 34 paragraph (2) of the constitution of indonesia stipulates, “the state develops a social security system for all people and empowers people who are weak and underprivileged according to human dignity”; 3). the social security program is aimed at enabling everyone to develop himself completely as a useful human being; 4). the implementation of a national social security system is based on humanitarian principles and is related to respect for human dignity. article 2 of the national social security system law stipulates, “the national social security system shall be implemented based on the humanitarian principle, the principle of benefit, the principle of social justice for all indonesian people”. elucidation of article 2 of the national social security system law explains that the principle of humanity is related to respect for human dignity; and 5). the national social security system aims to meet the basic needs of a decent life for each participant and/or family member. article 3 of the national social security system law stipulates “the national social security system aims to guarantee the fulfillment of the basic needs of a decent life for every participant and/or family member”. realizing the objectives of the national social security system, it is necessary to establish an administrative body in the form of a public legal entity based on the principles of mutual cooperation, non-profit, openness, prudence, accountability, portability, mandatory membership, trust funds, and the results of the management of social security funds to be used entirely for program development and to the greatest extent. interests of participants (adillah & anik, 2015). for this reason, law number 24 of 2011 concerning social security administering bodies (social security administering bodies law) was formed, which is the implementation of the national yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 201 social security system law. the social security administering bodies law exists as an implementation of article 5 paragraph (1) and article 52 of the national social security system law which mandates the formation of the social security administering body and the institutional transformation of pt askes (persero), pt jamsostek (persero), pt taspen (persero), and pt. asabri (persero) became the social security administering body. this transformation was followed by the transfer of participants, programs, assets and liabilities, employees, and rights and obligations. the social security administering bodies law is the mandate of article 5 paragraph (1) and article 52 of the national social security system law, to establish a social security administering body. because the guarantee agency must be made by law. social security administering bodies are the transformation of the four state-owned enterprises to implement the national social security system. the social security administering bodies law forms 2 (two) social security administering bodies, namely the health social security administering body and the employment social security administering body. health social security administering body organizes a health insurance program (mariyam, 2018), and the labor social security administering body provides a work accident, pension, and death security program (muthoharoh & ari, 2020). with the two social security administering bodies, the coverage of the social security program will be expanded gradually. the social security administering bodies act was passed on 25 november 2011. with regard to work relations, social security for workers is defined narrowly, namely social security is the payment received by the worker in the event that the worker, apart from his mistakes, does not do his job, thus guarantees income security in the event that the worker loses his wages for reasons beyond his will (permana et al., 2017). therefore, employment social security is protection for workers in the form of compensation in the form of money as a replacement for part of the income lost or reduced in services as a result of events experienced by workers. then it can also be called a policy effort aimed at workers, especially those in the company environment in terms of implementation, protection with work interactions that are mutually beneficial to both parties, in this case, are workers and entrepreneurs (anggra, seputra, & suryani, 2020). in essence, social security is intended to provide certainty for the flow of family income as a replacement for part or all of the lost income. in addition, labor social security has several aspects, including a) providing basic protection to meet the minimum living needs for workers and their families; b). it is an appreciation for workers who have contributed their energy and thoughts to the company where they work; and c). creating peace of work that ultimately supports human independence and self-esteem in facing socio-economic risks.  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 202 labor protection through employment social security in sdgs perspective work has a very important meaning in human life so that everyone needs a work/job. work can be interpreted as a source of income for a person to meet the necessities of life for himself and his family. it can also be interpreted as a means of self-actualization so that a person feels that his life becomes more valuable for himself, his family, and his environment. therefore, the right to work is a basic right inherent in a person that must be upheld and respected (muin, 2015). in labor law, the form of legal protection provided to workers is in the form of legal protection in the field of work security wherein a relatively short or long time it will be safe and there is a guarantee of safety for workers. with the existence of legal protection for workers, the state obliges employers to provide job security tools for workers (purnomo, markeling, & darmadha, 2013). legal protection is defined as a form of government legal action or action given to legal subjects under their rights and obligations which are carried out based on positive law in indonesia (disemadi & prananingtyas, 2019; yusro, shaleh, & disemadi, 2020). legal protection arises because of a legal relationship. legal relations are interactions between legal subjects that have legal relevance or have legal consequences (the emergence of rights and obligations) (disemadi, 2020). protection of workers can be carried out, either by providing guidance or by increasing recognition of human rights, physical and technical as well as social and economic protection through the prevailing norms in the work environment. thus, this work protection will cover (purnomo et al., 2013): 1). work safety norms covering work safety, workplace conditions, and the environment as well as ways of doing work; 2). occupational health norms and company health hygiene which include maintaining and enhancing the health status of workers care for sick workers; and 3). work norms which include the protection of workers related to working time, wage system, rest, leave. in indonesia, the national social security system is the state's effort to provide certainty for social protection and welfare mandated by article 28 h paragraph (2) and article 34 of the constitution of indonesia. the constitutional mandate is then implemented by the social security administering body law, which establishes an administrative body. manpower social security and fundamentally changing the implementation of social security programs in indonesia, namely: 1) from efforts to respond to problems and needs of employers for workers who have high expertise and productivity to fulfill the rights of citizens; 2) from the regulation by various laws and regulations on social security laws that provide basic protection and guarantee equal rights and obligations for all citizens; and 3) from operation by a pro-profit business entity to operation by a non-profit public legal entity (tim koordinasi komunikasi publik terintegrasi jaminan sosial bidang ketenagakerjaan, 2016). yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 203 employment social security aims to meet the basic needs of a decent life for every person who has paid contributions in the event of things that may result in loss or reduction of income due to illness, having a work accident, entering old age/retirement, or passing away (muin, 2015). social security in the labor sector is part of the social security system which is administered using a social insurance mechanism which is mandatory under the national social security system law. insurance in terminology has the meaning of coverage or protection for an object from the threat of harm that causes loss (disemadi & prananingtyas, 2020b). this shows that insurance is an effort to provide protection provided by one party to another party (sarwo, 2012). generally, insurance is divided into 2 parts, namely social security and voluntary insurance. social security is a form of compulsory insurance implemented by the government so that every citizen must be registered as social insurance. involuntary insurance, it is essentially commercial insurance and government insurance. commercial insurance is insurance that is managed by the private sector and government insurance is managed by the government through state-owned enterprises (muin, 2015). therefore, the purpose of employment social security through compulsory insurance is to protect workers and their families from various risks, such as the risk of losing their job, lowering wages, work accidents, illness, disability, old age, death, and others. it is hoped that workers' social security will be able to provide peace of work to workers, and in return, it is hoped that workers will increase their discipline and work productivity. from the sdgs perspective, the government of indonesia has played an important role in developing the sdgs and has been a leader among middle-income countries in the negotiations taking place at the united nations in new york over the past few years. at the international level, indonesia has also made a very strong commitment to realizing decent work and has played an important role in ensuring that labor and employment issues are included in the sdgs. indonesia has also been active at the country level in supporting the sdgs negotiations. the sdgs or sustainable development goals are a global action plan agreed upon by world leaders, including indonesia, to end poverty, reduce inequality, and protect the environment. the sdgs contain 17 goals and 169 targets that are expected to be achieved by 2030 (christmas, muhajir, & wicaksono, 2020). this sustainable development agenda was created to answer the demands of world leadership in overcoming poverty, inequality, and climate change in the form of real action. the concept of the sdgs was born at the un conference on sustainable development, by setting a set of targets that can be universally applicable and measurable in balancing three dimensions of sustainable development: 1). environment, 2). social, and 3). economy (asmalia, awaliah kasri, & ahsan, 2018).  yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license ijccs, vol.x, no.x, july xxxx, pp. 1~5 issn: 1978-1520 204 the 17 sdgs goals are: goal 1 is “no poverty”, eradicating all forms of poverty in all places; goal 2 is “zero hunger”, end hunger, achieve food security and improved nutrition, and promote sustainable agriculture; goal 3 is “good health and wellbeing”, promote healthy living and support welfare for all ages; goal 4 “quality education”, ensuring appropriate and inclusive quality education and promoting lifelong learning opportunities for all; goal 5 is “gender equality”, achieve gender equality and empower all women; goal 6 is “clean water and sanitation”, ensuring access to water and sanitation for all; goal 7 is “affordable and clean energy”, ensuring access to affordable, reliable, sustainable and modern energy for all; goal 8 is “decent work and economic growth”, promoting sustainable and inclusive economic growth, employment and decent work for all; goal 9 is “industry, innovation and infrastructure”, building strong infrastructure, promoting sustainable industrialization and encouraging innovation; goal 10 is “reduced inequalties”, reducing inequality within and between countries; goal 11 is “sustainable cities and communities”, making cities inclusive, safe, strong and sustainable; goal 12 is “responsible consumption and production”, ensuring sustainable consumption and production patterns; goal 13 is “climate action”, taking important steps to fight climate change and its impacts; goal 14 is “life below water”, protection and use of oceans, seas and marine resources in a sustainable manner; goal 15 is “life on land”, managing forests sustainably, fighting land conversion into deserts, stopping and rehabilitating land degradation, stopping the extinction of biodiversity; goal 16 is “peace, justice and strong institutions”, encouraging a just, peaceful and inclusive society; goal 17 is “partnerships for the goals”, revive global partnerships for sustainable development (united nations, 2015). the right to work, not only serves as the basis for legal recognition of the right to work as a human right, but also provides a broad concept for the right to work itself, which contains not only the obligation for the state to guarantee access to employment for all but also details the right of everyone to fair and favorable working conditions as follows: 1) fair wages and equal remuneration for work of equal value without discrimination of any kind; 2) decent living for workers and their families; 3) safe and healthy working conditions; 4) equal opportunities for promotion based on seniority and competence; and 5) rest periods, recreation and restrictions on reasonable working hours as well as paid regular holidays, as well as remuneration for public holidays. based on the sdgs goals mentioned earlier, protection of labor through employment social security can reflect the goal of goal 8 which is decent work and economic growth, promoting sustainable and inclusive economic growth, employment, and decent work for all. 4. conclusion labor social security is a form of protection provided to workers and their families against various labor market risks. labor social security is part of the social protection system. the yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 205 implementation of integrated social security is expected to guarantee the creation of an effective and efficient mechanism so that it can reach all levels of society. universally, the implementation of the social security system is in principle the responsibility of the central government by arguing that it is an implementation for one country because social security is a supra system to bind the establishment of a country. it is expected that the labor social security system developed in a country must be adapted to the economic conditions, particularly the conditions of employment, in the country concerned. the right to work, not only forms the basis for legal recognition of the right to work as a human right, but also provides a broad concept for the right to work itself, which contains not only the obligation for the state to guarantee access to employment for all but also details the right of everyone to just and favorable conditions of work. based on the sdgs goals mentioned earlier, protection of labor through employment social security can reflect goal 8 which is decent work and economic growth, promoting sustainable and inclusive economic growth, employment, and decent work for all. references abdullah, j. 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(2019). pemahaman metode penelitian hukum (pengertian, paradigma, dan susunan pembentukan). yogyakarta: cv.istana agency. yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 253 independence of notary ppat as bank partner hendrik handoyo lugito, nynda fatmawati. faculty of law, university of narotama surabaya e-mail: liem_haohan@yahoo.com abstract notary as a public official who has the authority to make authentic deeds and other deeds mandated by law, where the authentic deeds in accordance with article 1868 of the civil code are deeds made in the form stipulated by law by or in the presence of public officials authorized to that is at the place where the deed was made, and has perfect evidentiary power before a court, unless otherwise stated. in the bank's operational activities related to the function of the bank as a channeling institution for funds to the public, it is very necessary to have an authentic deed as a form of legality recognition of the engagement between the bank and its debtors, and therefore the role of a notary as a partner is urgently needed. however, in the fact, implementation, the notary must provide an offer to the bank so that he can enter into a cooperation agreement with the bank for the preparation of authentic deeds and other matters. the existence of a cooperation agreement between the bank and the notary has resulted in the notary's independence being questioned because it seems as if the bank can do anything because he is the employer and the notary is the recipient of the work. therefore, this study analyzes the level of independence of a notary when he becomes a partner in a bank by conducting research with the juridical-normative method and using a statutory and conceptual approach. the results obtained from this research are the existence of cooperation with the bank to make the notary as part of the bank so that he is not independent in making authentic deeds including in his daily practice both before the cooperation until the time of cooperation. and on this matter, if it is proven that the notary is not independent, then the authentic deed he has made will become deeds under the hands of the notary and is threatened by being sued by parties who feel aggrieved by the authentic deed. key word: notary bankruptcy, notary ppat. 1. introduction in accordance with article 1 point 1 of law number 4 year 2014 concerning amendment to law no. 30 of 2004 concerning notary position (uujn) which states that notary public bahw is a public official authorized to make authentic deed and other authority as referred to in the legislation. this is a translation of the term openbare ambtenaren contained in article 1 of the notary office regulation which reads: de notarissen zijn openbare ambetenaren, uitsluitend bevoegd, om authentieke akten op te maken wegens alle handelinggen, overeenkomsten en beschikkingen, waarvan eene algemeene verordening gebiedt of de belanghebbenden verlangen, dat bij authentiek geschrift bkijken zal, daarvan de dagteekening te verzekeren, de akten in bewaring te houden en daarvan grossen, afschriften en uittreksels uit te geven; alles voorzoover het opmaken dier akten door eene algemeene verordening niet ook aan andere ambtenaren of personen opgedragen of voor hebehouden is. if translated into indonesian, approximately the following: " notary is the only public official authorized to make an authentic deedconcerning all acts, agreements and determinations required by a general regulation or by the interested person is required to be stated in an authentic http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 254 deed, guarantee the certainty of the date, keep the deed and provide grosse, copies and quotations, all as long as the making of the deed by a general regulation is not also assigned or excluded to other officials or others" that it is broadly the authentic deed can only be made and given by a public official namely a notary where the deed serves as documentation of a civil legal event in the form of deeds, alliances and determinations so that the event has legal certainty(habib adjie, 2009). what is an authentic deed? an authentic deed under article 1868 of the civil code is a deed made in a form prescribed by law by or in the presence of the public official authorized for it where the deed was made. therefore, the authentic deed has perfect evidentiary power before the court unless it can be proven otherwise. because of the value of an authentic deed, notary position is a position that is highly trusted by the public to obtain legal certainty over legal activities or events carried out, therefore it is mandatory for notary public to maintain public trust in him (tan thong kie, 2000). one of the institutions that need the authentic deed is the banking industry where in accordance with law no. 10 of 1998 on banking explains that the bank is a business entity that collects funds from the community in the form of deposits and distributes them to the public in the form of credit and or other forms in order to improve the standard of living of the community. to legitimize its function, the bank needs an authentic deed and for that the bank makes notaris as one of its operational partners. as one of the joint economies of the state, the bank is also obliged to comply with the laws and regulations governing it in addition to the banking law where pure banking transactions are agreements between customers and banks that give rise to alliances and agreements between the two parties. as an amplifier of such transactions, an authentic deed is required, and in accordance with the level of strength of the evidence, the authentic deed is something that is required, although there is a deed under the hands that is sometimes also used in banking transactions. the risk of deed under the hands of the person whose signature is stated in the deed under the hand, may deny the authenticity of the signature, and the bank as the party that will use the deed must prove that the debtor's signature is genuine. although bankers know that the deed under the hands is very risky but still done on the grounds of convenience or already equally aware, for example the use of standard contracts in the agreement between the customer / debtor and the bank, especially in the credit agreement. recognizing that legal aspects are very important in protecting the bank's business (riskmitigation),bank indonesia has included legal risks(including legal documents)as part of the bank's risk management assessment in the following paper will be outlined several matters related to bank indonesia policy related to risk managementd.h.i legal risk and a review of the practices and legal constraints in the documentation of credit lending law. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 255 bank indonesia regulation related to lending which is the main activity of the bank is a high risk to the health and business continuity of the bank. on the other hand, most of the funds owned by the bank are funds derived from the collection of public funds. therefore, lending by banks must be carefullyregulated (prudent)by theprovisions of bank indonesia laws and regulations. law no. 10 of 1998 on banking expressly regulates that the bank always adheres to the principle of prudence in carrying out its business activities, including in providing credit. one of the principles of prudence is to use notarial deed in conducting agreements or credit agreements with debtors. therefore, in almost all banks in indonesia they consider notary public to be a partner in business activities so it is very important the existence of a notary public for a bank. in practice, notaris offers cooperation to become a partner of the bank in the making of authentic deed, which begins with a cooperation agreement between notary and bank. if the bank agrees to the offer given then notary and the bank will sign a cooperation agreement that is usually in standard form and made under the hands with sufficient stamps (saranya, 2008). notary's important role in providing services to the bank is in the making of deed, contracts of banking products and binding of guarantees (especially in the case of dependent and fiduciary rights). that the problem here is the shift in the value of a notary public for a bank which was originally considered as an honorable official so that the bank complies with whatever is required by the notary when the bank requests services for the authenticity of the alliance it makes, whereas now due to the reasons of business competition and the increasing number of notary officials appointed by the minister so that the notary often relents and according to what is desired by the bank to keep obtaining orders from the bank so that it is as if the bank is currently king of the notary. is this what the uujn wants for notary public? whereas the indonesian notary association (ini) has created a code of notary ethics which is a guide for notary public to act either within or outside its position so that the notary public as a noble profession is maintained, but still often found notary public who ask to be an associate or partner of a bank. is this the so-called independent notary? based on this background, researchers conducted a study with the title independensi notary as bank partner. 2. research methods research type the research used in this research is normative juridical research. normative juridical research is research that examines various laws and regulations that apply or are applied to a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 256 particular legal problem. ronald dworkin called it doctrinal research, a study that analyzes the law as law as it is written in the book (dassollen), which is the law in the form of ideals how it shouldbe, and the law as it is decided by the judge through judicial process.(soekiswati & absori, 2019). this is to find a relationship between the uujn and the notary code of ethics with the requirement of notary as a banking partner to assess how the independence of notary to the banking.. problem approach the approaches used in this study are as follows: a. approach to legislation (statue approach) this approach is carried out by studying the laws and regulations related to the legal issues that are being addressed. this approach is done for how notaris should behave in relation to himself as a general officer to his clients who come from banking. b. conceptualapproach) the conceptual approach moves away from the views and doctrines that develop in the science of law. studying the views and doctrines in the science of law, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles relevant to the issues at hand. in conceptual approach, new concepts or theories will be found in accordance with the purpose of this research, berperilaku namely how notary public should respond and behave as a public official to his clients from the banking world. the problem is stated in the formulation of the problem which will then be internalized with the concepts and theories proposed as a library review of this research. 2. research results and discussions notary's reference as bank associate notary public official has the authority to make authentic deed and other authority according to law, it means that notary has the right to his/her position in terms of legal service to the community by making authentic deed and other matters. authentic deed in this case is deed on credit alliance/agreement, guarantee, and others. notary as banking partner in the making of authentic deed conducted by notary as a public official, there are 3 (three) groups of legal subjects, namely the face or the interested parties, witnesses and notary public. in this case, notaris is not a party to the making of deed. notary is only as an official because of its authority to make authentic deed in accordance with the wishes of the parties / face. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 257 the character of the legal relationship between notary and the face is: a. there is no need for an agreement either oral or written in the form of granting power of attorney to make a deed or to perform certain works; b. those who come before notary public, assuming that notary public has the ability to help formulate the wishes of the parties in writing in the form of an authentic deed; c. the final result of notary action based on notary authority derived from the request or desire of the parties themselves; dan d. notary public is not a party to the deed in question (sisman et al., n.d.) that the legal relationship between the notary and the front-facing party, inthis case the bank, regarding the making of authentic deeds, then there should be no contractual relationship between the two because it hasviolated the law (onrechtmatigedaad)because the notary is outside the parties and must be independent. the notary public must wilsvorming the parties themselves for the purpose of having their actions or legal actions formulated into an authentic deed in accordance with the authority of the notary public, then the notary public shall make a deed at the request or desire of the facer, then in this case there has been a legal relationship between the notary and the facer. notary must ensure that the deed made has protected the interests of the parties concerned protected by the deed while still referring to the prevailing laws and norms (wiharjokusumo, 2019). that in principle, notary only serves the will of the parties facing and has an interest in the content of the agreement to be declared, must be passive and tasked to record or write in the deed about anything described by the parties, has no right to change, reduce or add to what is explained by the confronters. according to yahya harahap, so that the deed made does not violate the law and norms, the notary public carries out the authority in the form of (a’yun, 2014) a. connstantir or determine what happened before his eyes; b. have the right to coordinate or determine the facts obtained in order to straighten out the contents of a more feasible deed. as long as notaris carries out its duties in accordance with the uujn and has fulfilled all the procedures and requirements in the making of the deed, and the deed in question has also been in accordance with the parties facing the notary, then the claim in the form of unlawful acts based on article 1365 of the civil code that is "any unlawful act, which brings harm to another, obliges the person whose arena is wrong to issue the loss, indemnified it"is impossible to do. procedures for cooperating with the bank as a partner: 1. notary service offering in the form of submission of a letter of application in which the name, position, place of position and working area, notary office address and supporting data to the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 258 bank that aims to ensure that the bank and its customers can use the services of the notary in the making of the deed required by the bank. 2. the bank will then provide a form containing the requirements determined by the bank as a condition of becoming a partner to a notary public. 3. after notaris completes and submits to the bank, the bank will then provide a cooperation agreement with notaris and both parties sign the cooperation agreement made under hand and stamped sufficiently. 4. then, if there is a client / debtor who will sign a credit agreement, then the bank will give the name of the notary who becomes a partner as a reference for the place where the signature of the agreement is carried out. notary public that has been appointed and agreed by the debtor and the bank, will then make an authentic deed in the form of a credit agreement based on the letter of approval of credit grant given by the bank to the debtor, after making the deed, the notary will read it before the bank and creditors who then if agreed and agreed, each will give paraf and sign the minuta of credit agreement deed together with at least 2 (two) witnesses. after the minuta signing process is completed, the bank will issue a copy of the deed of credit agreement to the bank to be distributed based on the bank's mechanism. violations as bank associates as a general official authorized to make authentic deed for the parties in need, notary has the right to accept the client or reject the client, because with the authentic deed he made, the recorded legal event has become a tool of evidence that is not in doubt validity before the court. therefore, a notary public has legal and moral responsibility (roba, 2019). as the embodiment of that responsibility, notary public should always stick to the uujn and the code of notary ethics that has been made in order to maintain the notary marwah as an honorable profession and guardian of legal justice for the public. so the use of the principle of "prudence" is absolutely absolute for notary in carrying out its position because what is produced by it can have legal consequences for the parties and can also drag the notary into legal problems that occur between the parties. related to the relationship as a partner of the bank, various problems often occur in practice where the notary seems to have no legal force when dealing with the bank. the classic reason for notary public is that the bank is an employer for them so that the notary public inevitably has to accept so that the work tap is not clogged. some things that may result in the profession or position of notary public is tarnished related to cooperation as a partner of the bank, if it is examined from the uujn and the notarial code of ethics are as follows: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 259 a. proposal for cooperation offer by notary public to bank and application as bank partner. this proves that there is a violation of notary ethics in carrying out its duties as stipulated in article 4 number 3 of the notary code of ethics, which is part of the publication and selfpromotion (marketing activities) carried out by notaris in an effort to market its services for the benefit of obtaining clients. in this case, notaris as an honorable profession in which to become a notary public is appointed by the minister by law so that by making a proposal to offer cooperation as if it has "dropped the self-esteem" of notary as a public official because it must "beg" the bank in order to be a client of the bank. this will have an impact on the public that the notary public is nothing more than the bank's assistants/employees in terms of making authentic deed and other matters required by the bank in the framework of civil events. b. banks that agree to be partners will provide the client to a notary public as long as the notary public meets the requirements provided. this fact can certainly be categorized as a notary bank intermediary to find or obtain clients in the form of bank customers themselves to make authentic deed or other notary services. this is clearly contrary to article 4 number 4 of the notary code of ethics, namely "notary public and others who hold and hold notary positions are prohibited from cooperating with service bureaus/people/legal entities that in nature act as intermediaries to find or obtain clients". notary integrity as a public official is very necessary in dealing with this because it should be with various authorities given to notary by law, such as the right of reneging, making notary public do not need to look for clients but clients who come to notary, because those who need his services are the parties while the notary only coordinates and records in the deed at the wishes of the parties. if you have to wait for the overflow of clients from the bank, the dignity of notary public is destroyed because by receiving the work of making authentic deed from the bank which in fact should be those who ask the notary to make an authentic deed for their legal actions. and it is as if the bank also doubles as an intermediary or "realtor" for notary to get clients. c. requirements to provide security in the form of deposits in the bank to be able to become a partner of the bank that by placing funds as collateral to the partner bank, there is immediately a legal relationship between the notary and the bank that results in the independence of a notary public will be lost because there is interest between the two parties although it is denied that the notary will work professionally in receiving the work of making authentic deed from the bank. examples of this include: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 260 1. to become a partner of bank tabungan negara (btn), a notary public /ppat must be a priority customer by having deposits in btn amounting to rp 200,000,000.(two hundred million rupiah) for bank products and rp 50,000,000.(fifty million rupiah) for non-bank products. it is evident from notary mou pp-ippat with btn signed by president director of btn no. 19/mou/dir/2018 and no.285/pp-ippat/vii/2018, dated july 27, 2018 concerning the provision of banking services and the making of deed in the framework of banking activities. 2. to become a partner at bank rakyat indonesia (persero) tbk (bri), in accordance with letter number b. is1-kw-v/adk/02/2020, dated february 1, 2020 concerning deposit requirements for partners in the jakarta regional regional office credit division i, addressed to notary & ppat partners of the regional office of bri jakarta 1, where notary / ppat is required to have deposits in bri in the form of britama deposits or bri giro with a minimum value of rp 250,000,000.(two hundred and fifty million rupiah) and will be blocked during becoming a partner (jonaedi efendi et al., 2018) the existence of such provision has the potential for the independence of a notary public / ppat to be pawned and immediately has violated the code of ethics notariat, especially in article 4 number 9, namely "conducting businesses, either directly or indirectly that lead to the emergence of unhealthy competition with fellow notary partners", and article 4 number 14, namely "helping sesame peer groups that are exclusive with the aim of serving the interests of an intansi or institution, let alone closing the possibility for other notary to participate". d. exclusive agreement with partner bank the contents of notary service cooperation agreementswith banks are often mentioned in their premise that this agreement is non-exclusive but in fact notary services are exclusive, this can be known in the cooperation agreement between the bank and notary as stated in the agreement stated that "notary has the certainty to perform services and will devote serious efforts in providing services and will provide services for the best interests of the bank", and notary must "provide services to the bank every working day both in the making ofnotarial deed / ppat, as well as other services in accordance with the priority of time and needs of the bank". the content of this cooperation agreement with the bank strongly indicates that notary public must comply and submit to the bank's wishes as an employer, as the embodiment of pacta sunser vanda's principle and consensus principle, which causes notary's integrity and selfesteem to be broken and floated. related to the violation of the contents of this agreement is reflected in the prohibition of a notary public to act in accordance with article 4 number 14 of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 261 the notary code of ethics as stated above concerning special services to certain institutions or institutions or parties. the examples of the above cases show the weak independence of a notary public who also doubles as ppat when dealing with banks where in accordance with banking rules consider notary / ppat is a partner and therefore must be made a cooperation agreement. although this is common in the world of notary but is this the right notary in accordance with the spirit of uujn and notary code? is it only because of the demands of the stomach that the dignity and dignity of the noble notary office become pawned? notary independence as a bank associate notary as a general official, notary public must be independent. this independent question the independence of the general officer from the intervention or influence of other parties or given the task by other agencies. therefore in this independent concept must be balanced with the concept of accountability. with the understanding of independence and accountability as mentioned above, it is expected that notaris can know where and how the duties and responsibilities of notary as a public official in carrying out their duties/ positions. about the necessity to sign a cooperation agreement with the bank should be seen article by article first whether there is an indication of weakening the status of the notary or even professional organization, because the fact of the cooperation agreement with the bank makes notary notary not independent and siding with the bank. the bank is used as a notary public intermediary to obtain clients, notary services that are exclusive to the bank, the determination of notary service honorarium determined by the bank, the reading of credit binding deed only before the debtor not in front of the parties and the making of a notaril deed based on the bank's request. the independence of a notary public has been outlined in article 16 paragraph (1) letter a uujn namely "in carrying out its position, notary has an obligation: to act honestly, carefully, independently, impartially and safeguard the interests of the relevant parties in legal action". the rule is also stipulated in the provisions of the notary code of ethics, namely in article 3 paragraph 4 which states "notary public and others who hold and hold the position of notary public shall: act honestly, independently, impartially, responsibly, based on the laws and the contents of notaryoaths. the notary must: a. autonomous b. impartial c. it does not depend on anyone (independent), which means in carrying out his/her duties can not be mixed by the party that appointed him or by other parties (massier, 2008) http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 262 notary public must prioritize the balance between the rights and obligations of the parties facing notary public. this is based on article 16 paragraph (1) letter a uujn i.e. notary public is obliged to act by safeguarding the interests of the parties. notary public should be able to consider the wishes of the parties so that the interests of the parties are maintained proportionally which is then poured in the form of notarial deed. in addition, notary public shall provide services in accordance with the provisions of article 16 paragraph (1) letter d uujn unless there is a reason to reject it (setiabudi, n.d.). result of the law of notary deed that is not independent the implementation of notary service cooperation agreement with the bank that violates the provisions of article 16 paragraph 1 letter a uujn and article 3 number (4) of the notary code of ethics may cause the authentic deed made by the notary to become a deed under the hands or null and void. notarial deed that is proven to be formil is flawed then its position becomes under the hands and position of notarial deed that has the power of proof as a deed under the hands or notarial deed becomes null and void not based on notarial deed does not meet subjective requirements and objective requirements, but in this case because: a. uujn has determined for itself the provision of the terms of notarial deed that has the power of proof as a deed under the hands or notarial deed becomes null and void deed, namely because it does not meet external requirements. b. notary public has been not careful, not thorough and not appropriate in applying the rule of law related to the implementation of notary office duties based on uujn and also in applying the rule of law related to the contents of deed. the existence of a notary cooperation agreement made by the bank as one of the face parties can be used as the basis for suing a notary public as an act against the law, because the notary is not authorized to make the relevant deed and the notarial deed is defective in its form. the claim against notary in the form of reimbursement of costs, compensation, and interest as a result of notarial deed has the power of proof as a deed under hand or null and void, based on the existence of a typical legal relationship between the notary and the face of the law for inaccuracy, inaccuracy, inaccuracy in administrative techniques of making deed based on uujn and the application of the rule of law contained in the deed concerned for the face is not based on the ability to master the science of notary in particular and law in general. when notaris commits violations in carrying out its duties and positions, notaris is threatened with sanctions as stated in article 84 and article 85 of the constitution. sanctions against notary public are categorized into 2 (two), namely civil sanctions in the form of reimbursement, compensation, and interest are the consequences that will be received by notary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 263 public on the demands of the face if the deed concerned only has the power of proof as a deed under the hands or deed becomes null and void, as specified in article 84 uujn. in addition to civil sanctions, administrative sanctions are also determined in the form of verbal reprimands, written reprimands, temporary dismissals, respectful dismissals, until dismissal with disrespect, as specified in article 85 of the uujn. the claim against notaris in the form of reimbursement, compensation and interest as a result of notarial deed has the power of proof as deed under hand or null and void, based on the existence of: 1. the typical legal relationship between notary public and the confronters is a form of unlawful conduct. 2. inaccuracies, inaccuracies and inaccuracies in: a. administrative techniques of making a deed based on uujn; b. the application of various rule of law contained in the deed concerned for the facerers, which is not based on the ability to master the science of notary in particular and law in general. if, furthermore, notary public is required to civil case on the deed related to reimbursement of costs, compensation and interest, then first it must be proven that: 1. the existence of suffered losses; 2. between the losses suffered and the violation or negligence of the notary there is a clauseal relationship; dan 3. the violation (act) or kelalian is caused by an error that can be accounted for to the notary public concerned 4. conclusion 1. that the cooperation agreement made between a notary and a bank for a notary public to be a partner of the bank can be classified as a legal relationship, which is very contrary to the notary office law and thenotary code of ethics, because the notary is only authorized to coordinate or actualize the wishes of the accusers, who should not know at all, in an authentic deed. the existence of legal relationship between the bank and notary in anauthentic deed making has entered into the category of acts against the law(onrechtmatigedaad) because it causes thenotary to be one of the parties in the deed and there is an interest in the deed so that the independence of the notary in the making of authentic deed becomes very absurd orbiased or can be said to be no longer independent (adjie, n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 264 moreover, in practice, there are always things that cause the notary public to have no legal force when dealing with the bank as a partner so that the notary often accepts what the bank wants under the pretext of still being able to be given a job by the bank. 2. the implementation of notary service cooperation agreement with the bank violates the provisions of article 16 paragraph 1 letter a uujn and article 3 number (4) of the notary code of conduct, namely the attitude of indiquity and impartiality of the notary to the bank so as to cause the authentic deed made by the notary to be deed under hand or null and void, as a result of the law of the notarial deed as such, it can be used as an excuse for the party suffering losses to demand reimbursement of costs, compensation and interest to the notary public. suggestions 1. it is recommended that notaris does not make cooperation agreements with the bank because it is prone to violations of the law and the effect is that the notary public becomes independent and results in the occurrence of unlawfulacts (onrechtmatigedaad).). 2. notary public must be neutral, impartial to one of its customers (bank), because one of notary's duties is to prevent problems. provisions of the uujn governing the reasons for the change in the power of proof of authentic deed into deed under hand or null and void by law should continue to be remembered and studied by notary public because the public can sue the notary public civilly demanding reimbursement of costs, compensation and interest if it turns out that the deed can be proven to be made not in accordance with the applicable law. references a’yun, r. q. (2014). the problems of expert witness in criminal law. indon. l. rev., 4, 340. adjie, h. (n.d.). notary honorary assembly as the state administrative official and its decisions as the state administrative decision. jonaedi efendi, s. h. i., johnny ibrahim, s. h., & se, m. m. (2018). metode penelitian hukum: normatif dan empiris. prenada media. massier, a. (2008). the voice of the law in transition: indonesian jurists and their languages, 1915-2000. brill. roba, r. m. (2019). the responsibility of the notary public. curentul juridic, 79(4), 91–98. saranya, s. k. (2008). morphological analyzer for malayalam verbs. unpublished m. tech thesis, amrita school of engineering, coimbatore. setiabudi, y. (n.d.). volume 13, nomor 2, desember 2016. sisman, w. p. p., rahman, s., qahar, a., & abbas, i. (n.d.). repositioning the notary code of ethics as a fair legal instrument. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 265 soekiswati, s., & absori, a. (2019). law enforcement to transcendental based of paramedic doctoroid practices in health service. journal of transcendental law, 1(1), 42–57. wiharjokusumo, p. (2019). assumption of risk and release of liability agreement between tour operator and tourist in following the whitewater raftng adventure tour package based on indonesian law. jurnal ilmiah akomodasi agung, 6(1), 1–12. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 63 the authority of the indonesian navy in conducting investigations of criminal acts of narcotics through the indonesian sea m.iqbal faculty of law, university of hang tuah surabaya e-mail: luarbiasakawan@gmail.com abstract in its main task, the indonesian navy has duties, one which is to carry out law enforcement at sea. indonesia's position is in the cross position of the world and is used as the sea lines of communication (sloc) and sea lines of oil trade (slot), as well as being one of the most strategic regions in the asia pacific region as the center of economic growth (center for economic growth). the vast area of the indonesian sea makes it vulnerable to criminal acts in the indonesian sea area. on this basis, the authors conducted a study with the aim of analyzing the investigative authority of the indonesian navy against narcotics crimes based on legal principles in and through the indonesian sea. the results showed that the navy has the authority to investigate at sea, but for narcotics cases it has not been given the authority. the right form of law as the basis for the use of a forum for regulating the authority of the indonesian navy in the matter of narcotics smuggling by foreign-flagged ships in indonesian seas, namely the government immediately amending law number 5 of 1983 concerning indonesia's eez by adding the authority of the indonesian navy as investigators without reducing its authority owned by the national police or the national narcotics agency in the investigation of narcotics smuggling keywords: the authority of the navy, investigation, narcotics tp, at & through the sea 1. introduction drug crime in indonesia needs a big concern since currently indonesia has shifted its position from merely consumer and target of marketing for drugs into production county for illegal drugs. for this reason, in 2015, indonesia stated drug emergency status. the united nation (un) convention and the world drugs report (wdr) provide an opportunity for the indonesian government to cooperate bilaterally and multilaterally to eradicate illegal drug trafficking. in fact, show force, cooperation and maritime guarding strategies have not maximally eradicated drugs dealer as there are still many drug smugglers used their tricks with technological advances and enter into the territory of the republic of indonesia. ineffective law enforcement against drug smuggling by sea has made drug smugglers more flexible in their actions and away from the reach of security forces. in addition, there are also many small islands, mouse routes and ports, as well as small fishing boats in indonesian territory that facilitate the smuggling of drugs from neighbouring countries such as malaysia, thailand and china. the legality of the authority of tni al officers to carry out investigations against certain crimes at sea from time to time as investigators is clearly stated in various articles of law which are ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 64 still valid as positive law and their implementation is accepted in the practice of judicial processes in indonesia (sianturi, 2015). in its main task, one of the duties of the navy is to carry out law enforcement at sea. indonesia's position is in the cross position of the world so that it is used as the sea lines of communication (sloc) and sea lines of oil trade (slot), as well as being one of the most strategic regions in the asia pacific region as the centre for economic growth (rahmad, 2016). the vast area of the indonesian sea makes it vulnerable for a criminal offense in the sea area. conducive maritime security will not only enhance the country's image at the international level but can also strengthen national resilience in various fields. therefore, the development of a consistent indonesian navy force has multiple effects ranging from politics, economy to the preservation of marine resources, so it must be fully supported by all components of the indonesian nation. it is not limited to commitment or discourse, but must touch on the aspect of implementation in the form of a sustainable national policy (sianturi, 2015). the results of a survey by the national narcotics agency (bnn) in 2019/2020 found that the total number of drug cases in indonesia was more than 2,642 and 70% hit productive age group and adolescents and the total number of suspects in drug cases was 3,958. the abuse of narcotics is a crime that takes many victims and a prolonged disaster to all mankind in the world. the problem of narcotics abuse and illicit trafficking is increasing day by day and the resulting negative impact is also expanding. the abuse of narcotics is not only carried out by the common society but also among law enforcement officers who are members of the indonesian navy. with the case of narcotics abuse by the members of the indonesian navy, they are expected to be able to prevent and overcome these crimes in order to improve the morality of the indonesian national army. the effectiveness of law enforcement highly depends on the legal awareness of all levels of the indonesian navy to uphold the authority of the law and in particular to law number 35 of 2009 concerning narcotics. the role of navy military police investigators together with other military law enforcers is very important in assisting the process of resolving criminal cases of narcotics abuse within the indonesian navy. currently, indonesia is experiencing low synergy established by maritime agencies on the coast, limited number of supporting facilities and budget support as well as human resources (hr) such as port facilities, communication facilities, security facilities, budget support and fleet guard personnel to support cooperation, title strength and strategy to guard the coastal area. this resulted in poor performance of the tasks of maritime agencies in the region. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 65 2. research methods this is a normative legal research. peter mahmud marzuki said that legal research is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues at hand (sena & wisanjaya, 2019). normative legal research or library research was used in this research. in contrast to research carried out in descriptive science which tests the truth of whether a fact exists or not due to certain factors, legal research is carried out to produce arguments, theories or social facts, because in normative legal research that is studied is legal material that contains normative rules (marzuki, 2005). there are several approaches to legal research. with this approach, a research will be able to provide information from various aspects of the issue being tried to find answers. the approaches used in legal research are statute approach, case approach, historical approach, comparative approach and conceptual approach . from some of the research approaches above, this study uses a statute approach and a conceptual approach. in order to collect some primary and secondary data systematically, intact and in-depth, this study uses the library and documentation data collection method to collect, identify and analyse various secondary data sources related to the problems to be discussed in this study. the analysis used in this research is prescriptive analysis which describes what should be related to this research issue; descriptive, which describes the issue or meaning of positive legal rules (provisions of laws and regulations); and comparative, comparison with other legal systems, while against the empty legal norms legal discovery is used by means of legal construction. legal construction occurs when no statutory provisions are found that can be directly applied to the legal problem at hand. 3. results and discussion sea is the entire set of salty water that inundates the earth's surface, but this definition is purely physical. the sea according to the legal definition is the entire sea water that is freely related to the entire surface of the earth. so the dead sea, caspian sea and the great salt lake in the united states from a legal perspective cannot be called a sea because these seas are closed and have no relationship with other parts of the sea in the world, even though the water is salty and inundates more than one coastal countries as is the case with the caspian sea (sunyowati & narwati, 2013). ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 66 since the sea was used for the purposes of shipping, trade and sources of life such as fishing, since then legal experts began to devote their attention to the law of the sea and a maritime law collection emerged, which is perhaps the earliest collection, as a compilation of judges, ship captains and well-known traders. law enforcement is very basic in a rule of law. according to rahardjo, "law enforcement is a process to bring legal desires into reality." desire is the mind of the legislature formulated in these legal regulations (suharyo, 2016). the application of law enforcement theory departs from a deepening of the substance that maritime security enforcement is part of law enforcement. the unitary state of the republic of indonesia (nkri) is an archipelagic country; territorial water is a part of the waters which is the territory of a country which is subject to the country's sovereignty. besides that, there are also parts of the waters that are outside the territory that are not subject to state sovereignty, for example, are high seas. the term indonesian law is often used in everyday life to refer to the system of norms that apply and or apply in indonesia. indonesian law is the law, norm system or regulatory system that applies in indonesia. in other words, indonesian law is positive indonesian law, all laws that are positive or that are currently in effect in indonesia, discussing the indonesian legal system means discussing the systemic law that applies in indonesia. systemically, it means that law is seen as a unity whose elements, sub-systems or elements are interrelated, influence each other, and strengthen or weaken one another which cannot be separated (bisri, 2007). the importance of the sea in relations between nations rises the importance of the meaning of international maritime law. the purpose of this law is to regulate multiple uses at sea, namely as a highway and as a source of wealth and as a source of energy. therefore, the sea can only be used by special vehicles, namely ships, the law of the sea must also determine the status of the ship. in addition, the law of the sea must also regulate competition between countries in seeking and utilizing the wealth provided by the sea, especially between developed countries and developing countries (bisri, 2007). with regard to marine areas as the implementation of unclos 1982, article 5 of law number 32 of 2014 concerning marine is as follows: 1) indonesia is an archipelagic country consisting entirely of islands and includes large and small islands which constitute a single territorial, political, economic, sociocultural and historical unit whose territorial boundaries are drawn from the archipelagic baselines. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 67 2) the sovereignty of indonesia as an archipelagic state includes land areas, inland waters, archipelagic waters, and territorial seas, including airspace above it and the seabed and land beneath it, including the natural resources contained therein. 3) the sovereignty of indonesia as referred to in paragraph (2) is subject to the provisions of laws and regulations, the united nations convention on the law of the sea, 1982, and related international laws. a country that has declared agreement to be bound by an international treaty in general then enforces it into and makes it part of its national law. this will have implications for the national laws or regulations of the country concerned. this implication is for the laws and regulations which have a relationship with the substance of the international agreement itself. the size of the implications depends on the substance of the international treaty itself. the law. no. 5 of 1983 concerning the indonesian exclusive economic zone is a juridical realization of the expansion of the sea area, primarily concerning economic conditions in its management, supervision and preservation. thus, efforts to improve the welfare of the nation can be performed by making the best use of marine natural resources. in terms of law enforcement in zeei, the indonesian navy acts as an investigator and is stated in article 14 paragraph (1) of law number 5 of 1983 concerning the indonesian exclusive economic zone as follows: a. law enforcement officers in the field of investigation in the indonesian exclusive economic zone are indonesian national armed forces officers appointed by the commander of the armed forces of the republic of indonesia. responding to the article's content, the commander of the armed forces of the republic of indonesia has issued a decree of the commander of the armed forces of the republic of indonesia number 907 of 1987 (commonly known as skep pangab 1987), which appoints indonesian navy officers who have been sworn in as investigators of certain crimes at sea. the types of criminal acts referred to in the zeei law are related to criminal acts of exploration, exploitation and management of living natural resources and do not include the crime of narcotics smuggling. events or criminal acts of narcotics smuggling by foreign ships not fishing vessels are very likely to occur in the eez. these obligations are closely related to state jurisdiction which is also expressly regulated in the 1982 unclos. regarding the issue of law enforcement in the jurisdiction of indonesia at sea, the government has reaffirmed the duties of the indonesian navy in article 9 of law number 34 of 2004 concerning the indonesian national army as follows: the navy is in charge of: ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 68 1. carry out tni duties in the marine sector in the defense sector; 2. uphold the law and maintaining security in the marine area of national jurisdiction in accordance with the provisions of national law and international law that have been ratified; 3. carry out naval diplomacy in the context of supporting foreign policy stipulated by the government; 4. carry out tni duties in the development and development of the strength of the marine dimension; and 5. implement the empowerment of marine defense areas (indonesia, 2004); article 9 letter b states that enforcing the law and maintaining security is all forms of activities related to law enforcement at sea in accordance with the authority of the indonesian navy (constabulary function) which applies universally and is in accordance with applicable statutory provisions to overcome threats of violence, threats of navigation, and violations of law in the marine area of national jurisdiction. law enforcement carried out by the indonesian navy at sea is limited to the scope of pursuing, arresting, investigating and investigating cases which are subsequently submitted to the prosecutor's office, the indonesian navy does not hold a trial. from the explanation of article 9 letter b above, it is clear that the indonesian navy has the authority to carry out investigations in the marine jurisdiction of indonesia, especially to deal with problems of threats of violence, threats of navigation and law enforcement. however, the law enforcement sentence must refer to the law that mentions the indonesian navy as the investigator. to realize and maintain the republic of indonesia as a maritime country, president joko widodo at the beginning of his 2014 administration put forward the following missions, including those related to maritime security: a. realizing national security that is able to maintain territorial sovereignty, sustain economic independence by securing maritime resources, and reflects indonesia's personality as an archipelago nation; b. realizing a free and active foreign policy and strengthening its identity as a maritime country; c. realizing indonesia to become a maritime country that is independent, advanced, strong, and based on national interests. in several references, it is stated that the classification of types of crimes at sea is based on various criminal laws on the smuggling of narcotics at sea which are identical to maritime ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 69 crimes. in the book koarmabar officers, it is stated that there are two types of criminal acts related to narcotics at sea: a. psychotropic crime (law number 5 year 1997) 1) carry out the export or import of psychotropic substances without being equipped with an export or import approval letter (article 61 paragraph (1) letter c); 2) without the right to own, keep and / or carry psychotropic substances (article 62); 3) carrying out the transportation of psychotropic substances without being equipped with valid documents (article 63 paragraph (1) letter a). b. narcotics crime (law number 35 year 2009) 1) any person without rights or against the law plants, maintains, owns, keeps, controls or provides narcotics category i or group ii or group iii (article 111 in conjunction with article 112, article 117, article 122); 2) every person without rights or against the law produces, imports, exports, or distributes narcotics category i or group ii or group iii (article 113, article 118, article 123); 3) any person without the right to violate the law offers to sell, sell, buy, receive, become an intermediary in the sale and purchase, exchange or deliver narcotics category i or group ii or group iii (article 114, article 119, article 124); 4) any person without the right to violate the law carries, sends, transports, or transits narcotics category i or group ii or group iii (article 115, article 120, article 125); 5) every person without the right to violate the law uses narcotics category i or group ii or group iii against other people or gives narcotics category i or group ii or group iii (article 116, article 121, article 126); 6) the captain who violates the law does not implement the provisions of article 27. the provisions of article 27 determine as follows: a. the transported narcotics must be stored in special packaging or in a safe place on the ship sealed by the captain witnessed by the sender; b. the captain makes an official report on the narcotics cargo being transported; c. the captain, within 1 x 24 (one time twenty four) hours after arriving at the port of destination, is obliged to report the narcotics loaded on his ship to the head of the local customs office; ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 70 d. the unloading of narcotics cargo is carried out at the first opportunity by the captain and witnessed by customs and excise officials; e. the captain who is aware of the narcotics without documents or export approval letter or import approval on board the ship is obliged to make an import approval on the ship, must make an official report, take security measures, and at the first port stop immediately report and submit the narcotics to the authorized. legally, indonesia is bound by the provisions of unclos 1982, including its obligation to guarantee security in the sea area, especially in the sea lane of communication (sloc), including national jurisdictions of eez, continental shelf and additional zones. this obligation to maintain the security and safety of international shipping cannot be ignored. if ships from other countries feel that their safety is threatened while crossing or carrying out legal activities around indonesian waters, then this can be an excuse to present their country's maritime power. related to aforementioned matters, it is necessary to have a common perception regarding the dimensions of marine security, especially for all components of the nation who have duties, functions and authorities at sea, so that the "action plan" can be implemented on target, directed and integrated. it should also be understood that maritime security is not only about the aspect of law enforcement, because maritime security is not the same as law enforcement at sea. security at sea has a much broader dimension than that of law enforcement. the marine security dimension implies that the sea is safe to use and free from threats and disturbances to marine use or utilization activities which include the following: 1. free from violence threat this includes threats using force of arms that are organized and have the ability to harass and endanger personnel or the state. these threats can be in the form of piracy, sabotage of vital objects, and armed terror acts; 2. free from navigation threat this includes threats posed by geographic and hydrographic conditions as well as inadequate means of navigation aids and shipping information that can endanger shipping safety. 3. free from natural resources tribulation this includes pollution and destruction of marine ecosystems, overexploitation and conflict over management of marine resources. the facts show that conflicts over the management of marine resources have a tendency to be easily politicized, and furthermore with the deployment of foreign military forces. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 71 4. free from law transgression threat (perundang-undangan et al., n.d.) this includes non-compliance with national and international laws that apply at sea, such as: illegal fishing, illegal logging, illegal immigrants, smuggling, and so on. thus, as a form of regulating the authority of the indonesian navy in dealing with the problem of smuggling of narcotics by foreign-flagged vessels in the eez, the government will immediately issue strict regulations. the affirmation of indonesia as the world's maritime axis can be realized by eradicating drug smuggling and affirming the authority for indonesian navy officers to carry out investigations at zeei. based on the explanation above, the indonesian navy has the authority to investigate at sea, but does not have the authority to handle narcotics cases at sea.. 4. conclusion based on the descriptions that have been previously described, the following conclusions are proposed: the indonesian navy has the authority to investigate at sea, but for narcotics cases the authority has not been given. the right form of law as the basis for the use of a forum for regulating the authority of the indonesian navy in the matter of narcotics smuggling by foreignflagged ships in indonesian seas, namely the government immediately amending law number 5 of 1983 concerning indonesia's eez by adding the authority of the indonesian navy as investigators without reducing authority owned by the national police or the national narcotics agency in the investigation of narcotics smuggling; to increase the effectiveness of handling narcotics crimes in marine waters, it is necessary to increase the role of the navy by giving investigative authority to the handling of narcotics crime cases in and through the indonesian sea. this is in line with the universal role of the navy including the role of the military, the role of the police (law enforcement) and the role of diplomacy that has been implemented in various laws and regulations concerning the duties of the indonesian navy. references bisri, i. (2007). sistem hukum indonesia: prinsip-prinsip dan implementasi hukum di indonesia. indonesia, s. n. r. (2004). undang-undang republik indonesia nomor 34 tahun 2004 tentang tentara nasional indonesia. lembaran ri tahun, 34. marzuki, p. m. (2005). penelitian hukum. kencana. perundang-undangan, p., nasional, b. p. h., & manusia, k. (n.d.). naskah akademik rancangan undang-undang tentang perubahan atas ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 1 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 72 undang-undang nomor 12 tahun 2011 tentang pembentukan. rahmad, r. a. (2016). peran penyidik tni al dalam penegakan hukum di wilayah terluar indonesia. prosiding seminar bersama, 128. sena, k. a., & wisanjaya, i. g. p. e. (2019). the sovereignty aspect on earth (arctic, antarctic, seabed and ocean floor) and on moon: comparative study. veteran law review, 2(2), 6– 20. sianturi, h. m. p. (2015). peranan tni al dalam melakukan penyidikan terhadap tindak pidana sda di dan atau lewat laut. kumpulan jurnal mahasiswa fakultas hukum. suharyo, s. (2016). peranan kejaksaan republik indonesia dalam pemberantasan korupsi di negara demokrasi (role of the attorney general of indonesia in eradicating corruption in state democracy). jurnal penelitian hukum de jure, 16(1), 15–25. sunyowati, d., & narwati, e. (2013). buku ajar hukum laut. airlangga university press. template jurnal ijccs ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license copyright (c) 2022 author(s) 361 issn print 2086-6852 and issn online 2598-5892 sole propriesorship and limited liability company financial liabilites to creditors suwinto johan * 1 , ariawan 2 1 business faculty, president university, indonesia 2 faculty of law , tarumanagara university, indonesia * corresponding author e-mail: suwintojohan@gmail.com abstract the government has issued the job creation law. in the job creation law, micro and small businesses can establish a legal entity company. this company is called a sole proprietorship. the establishment of a sole proprietorship is still difficult to distinguish from establishing a limited liability company based on the law of the republic of indonesia number 40 of 2007. one thing that becomes the attention of stakeholders is the responsibility of sole proprietorships with limited liability. stakeholders include creditors of financial institutions. this research uses a normative judicial method. this research object is aims to discuss the disadvantage of sole proprietorships compared to limited liability companies to creditors of financial institutions. the research result is find the differences between a sole proprietorship and a limited liability company. this research concludes that a sole proprietorship with limited liability is the same as that of a limited liability company to creditors of financial institutions. shareholders are not responsible for ties to individual companies. the board of directors is not personally accountable for respective companies' obligations. a particular company is responsible for relations made on its behalf as a legal entity. any responsibility includes a credit agreement between the company and a financial institution. keywords: sole proprietorship; responsibility; limited liability company 1. introduction law of the republic of indonesia number 11 of 2020 on job creation (uu cipta kerja) has made establishing a limited liability company without a notary deed. this limited liability company is a legal entity or also known as a sole proprietorship with limited liability (biro humas, hukum dan kerjasama, 2021). the government also issued government regulation number 8 of 2021 on the authorized capital of the company and the registration, establishment, change, and dissolution of the company (pebrianto, 2021a). this arrangement aims to facilitate micro and small enterprises (umk) in carrying out their business activities. the job creation law simplifies the establishment of companies to enable investment and license, especially for smes. the job creation law introduces a legal entity called an individual company (pp). this company registration affects taxation. the government needs to conduct socialization to businesses, especially small medium entreprises (smes), regarding respective companies (waseso, 2021). government regulation number 8 of 2021 has regulated provisions regarding establishing an individual limited liability company for micro and small businesses (cnn indonesia, 2021). the establishment of a sole proprietorship will obtain several conveniences, such as lower taxes, payment tenor for a particular time, establishment without a http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:suwintojohan@gmail.com  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 362 issn print 2086-6852 and issn online 2598-5892 notary deed, legal protection, and can be established with only one owner or single shareholder or one-tier (pebrianto, 2021b). a limited liability company (pt) is a capital agreement or association involving two or more parties who own the capital. the entities of the limited liability company consisting of the general meeting of shareholders (gms) as the highest authority of the limited liability company, the board of directors, and the board of commissioners. in bankruptcy, the board of directors can be held accountable if the board of directors has made a mistake or negligence in running the limited liability company (harahap, 2008). the responsibilities of the board of directors of a limited liability company consisting of duties to internal and external parties. responsibilities to internal parties include the commitment of the board of directors to the company and the shareholders of the limited liability company. responsibilities to external parties include the board of directors' duty to third parties related to the law with a limited liability company (kurniawan, 2012). third parties include creditors in the form of financial institutions. the board of directors of a limited liability company has responsibility for implementing the day-to-day management of the company and the company's operational management (wauda, 2019). in a limited liability company, four parties can be responsible for the losses caused by the company. the four parties, namely the shareholders of the limited liability company, the board of directors, the board of commissioners, and the independent limited liability company as legal subjects (supriyatin, 2020). limited liability company also has a social responsibility to the environment and the surrounding community (nugraha et al., 2018). the board of directors must have good faith and be full of responsibility in carrying out their duties in the company's interests. this responsibility is called a fiduciary duty. the board of directors can be held accountable if they abuse their power (yanuarsi, 2013). abuse of responsibility includes making decisions that result in conflicts of interest. the responsibility of the board of directors and the commissioners to third parties for the policies they take applies jointly and severally unless the board of directors and commissioners can prove that the loss, negligence, or error is not a fault for their management actions (indrapradja, 2018). the responsibility itself is the responsibility of the directors and commissioners individually. joint responsibility is a collective responsibility between the board of directors and other directors or the board of directors and members of commissioners. this responsibility includes bankruptcy which resulted in the limited liability company being unable to pay off its obligations to creditors of financial institutions. however, the board of directors does not need to be responsible for their actions on behalf of the company based on their authority. the directors' actions are the actions of the company, which are acts of independent legal subjects. the company is responsible for the actions of the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 363 issn print 2086-6852 and issn online 2598-5892 company itself, not the responsibility of the directors personally. the board of directors can prove that the decision not taken does not contain negligence and intentional error. the board of directors has made maximum efforts to reduce the losses of limited liability companies—directors who have been negligent and made mistakes due to committing acts against the law. negligent directors must be responsible for the loss of a limited liability company (gea at al., 2020). legal responsibility for a limited liability company that is not yet a legal entity is the responsibility of the shareholders (listyowati, 2015). a limited liability company that has not obtained a legal entity is a limited liability company that is still waiting for approval from the ministry of law and human rights. every transaction made during this period is the responsibility of the shareholders. this research examines liability by individual companies compared to limited liability companies, especially to creditors of financial institutions. a sole proprietorship is a new form of a legal entity rather than a business entity, especially smes. many parties (stakeholders) are still confused about the status of sole proprietorships, especially creditors of financial institutions. this research explains the differences and responsibilities of a sole proprietorship and a limited liability company. research discussing sole proprietorships is still rare because sole proprietorships are still a new form of legal entity or business entity in indonesia. this research is unique by discussing a sole proprietorship compared to a limited liability company. a limited liability company is a new form of business in indonesia since the 2020 job creation act. this research fills the knowledge gap regarding the financial accountability of individual companies to creditors. 2. research method the research uses a normative juridical method. the normative analysis begins by studying the liability of limited liability companies and sole proprietorships per the laws and regulations. this research examines primary and secondary materials. primary materials are materials obtained directly related to individual company research. the primary material is data or information regarding entities liability in limited liability companies and respective companies. secondary materials are research materials in the form of applicable laws and regulations, namely the republic of indonesia number 11 of 2020 on job creation and the law of the republic of indonesia number 40 of 2007 on limited liability companies. in this research, the first stage begins with studying materials related to the liability of individual companies and limited liability companies by identifying research materials related to the research theme. inventory of materials consists of primary materials, secondary materials, and tertiary materials. secondary legal materials are materials that explain primary materials, such as books, reports, and others. tertiary materials serve as secondary instructions, such as information http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 364 issn print 2086-6852 and issn online 2598-5892 on the internet as additional information related to corporate responsibility (johan & ariawan, 2021). 3. results and discussions a sole proprietorship is established by an individual or one party, while a limited liability company based on law no. 40 of 2007 is found by a minimum of 2 (two) persons or parties. sole proprietorships are regulated in government regulation number 8, the year 2021. the enstablishment of an sole proprietorship is more easy between a limited liability company based on law no. 40 of 2007 such as establishment without a notary deed, legal protection, and can be established with only one owner or single shareholder or one-tier. a limited liability company is an agreement or engagement of 2 (two) parties establishing a business. both types of companies have the same shareholder liability. shareholders are not personally responsible for the arrangements made on behalf of the company. the responsibility of shareholders is limited to investments invested in shares. table 1. difference between sole proprietorship and limited liability company no. item sole proprietorship government regulation number 8 / 2021 limited liability company limited liability company law number 40/2007 1. sharehold ers 1 (one) person article 2, article 9 government regulation no. 8/2021 minimum 2 (two) people article 17 2. entities in the company general meeting of shareholders, directors article 109 job creation law general meeting of shareholders, board of directors, and board of commissioner s article 1 3. sharehold shareholders are article 109 job not article 3 http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 365 issn print 2086-6852 and issn online 2598-5892 er responsi bilities not personally responsible for the engagement on behalf of the company creation law responsible for the engagement made by the company 4.. authorize d capital issued and fully paid 25% article 4 government regulation no. 8/2021 25% article 33 5. minimum authorize d capital not regulated (according to statutory regulations) article 5 government regulation no. 8/2021 idr 50,000,000, article 32 6. company founder nationalit y indonesian article 6 government regulation no. 8/2021 unregulated 7. establish ment 1 company per year article 109 job creation law unregulated 8. type of business micro and small enterprises article 9 government regulation no. 8/2021 unregulated source: research result the limited liability company entities have been regulated in the law of the republic of indonesia number 40 of 2007 on limited liability company. the entities of a limited liability company consisting of the general meeting of shareholders, the board of directors, and commissioners. the board of commissioners does not regulate the sole proprietorship. the functions of the board of directors in a sole proprietorship and a limited liability company are the same. the board of directors has the task of running the company daily. the board of directors is responsible for the company's operational activities. a sole proprietorship does not have a minimum capital limit, while a limited liability company has a minimum capital limit of idr 50 million. placement of authorized and fully paidup capital for sole proprietorships and limited liability companies is the same, namely 25%. the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 366 issn print 2086-6852 and issn online 2598-5892 founder of a sole proprietorship must be an indonesian, while a limited liability company can be established by indonesian and with foreign nationals. in addition, a limited liability company can also become a shareholder of another limited liability company. these ownership provisions are regulated in different regulations based on the characteristics of each industry. the establishment of a sole proprietorship can only be established once per year. each individual or person can only establish one individual company per year. the type of business for a sole proprietorship is the type of micro and small business. micro-enterprises have a business capital of up to idr 1,000,000,000.00 (indonesia one billion rupiahs), small business has a business capital of more than idr 1,000,000,000.00 (one billion rupiah) up to a maximum of idr 5,000,000,000.00 (five billion rupiah). this business capital does not include land and buildings for business premises. in addition to the criteria for working capital, micro-enterprises have annual sales up to a maximum of idr 2,000,000,000.00 (two billion rupiah). small businesses have annual sales of between rp. 2,000,000,000.00 (two billion rupiah) to rp. 15,000,000,000.00 (fifteen rupiahs). this classification is based on government regulation number 7 of 2021 on the convenience, protection, and empowerment of cooperatives and micro, small, and medium enterprises. shareholders in sole proprietorships and limited liability companies are liable to the extent of the shares invested. shareholders are not responsible for the engagement on behalf of the company. the company is responsible as a legal entity for all arrangements carried out in its name. the liability of a limited liability company and an individual company to third parties has similarities. the liability of the company is a separate responsibility from the shareholders. shareholders are only responsible for the investment of shares paid to the company's capital. this liability includes liability to creditors of financial institutions. this responsibility can involve shareholders if shareholders provide guarantees, such as personal guarantees. the directors are responsible for running the company, both an individual company and a limited liability company. the directors are not personally liable for the company's management unless the directors have been negligent or have abused power delegated to them. the board of commissioners is not explained in individual companies. thus, a sole proprietorship operating in the micro and small sector has the same responsibilities as a limited liability company. the difference between the two companies lies in the entities in the two companies. a limited liability company has more complete entities than a sole proprietorship. a limited liability company is not required to have a supervisory board or a board of commissioners based on the law (pebrianto, 2021a). in the absence of a supervisory board, individual companies are managed by someone like a sole proprietorship. sole proprietorships have a smaller and limited business capacity. the risk of loss to a sole proprietorship becomes smaller in the event of a default or bankruptcy. bankruptcy risk in a sole http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 367 issn print 2086-6852 and issn online 2598-5892 proprietorship is the company's responsibility if the directors have optimally managed the company without a conflict of interest. figure 1 company stakeholders a business that is run cannot be separated from the interests of stakeholders. stakeholders are parties who support the running of the company's business. stakeholders consist of shareholders, employees, government, creditors of financial institutions, suppliers, the public, and others. for stakeholders, a sole proprietorship is a unique feature. a sole proprietorship or individual company cannot be separated from the owner's assets and liabilities, including a trading company. if the sole proprietorship is in default, the stakeholders can file a claim against the owner. meanwhile, in a sole proprietorship, the stakeholders cannot claim ownership of the company. stakeholder relationships are depicted in figure 1. for stakeholders, shareholder responsibility becomes a crucial risk. for creditors of financial institutions, this is a particular condition. creditors will ask for additional guarantees or guarantees from individual shareholders in the form of personal guarantees. thus, financial institutions still have the same conditions between respective companies and sole proprietorships. in the event of a loss, the financial institution will still submit a claim to the shareholders. the creditor's position will have the same conditions with an additional guarantee in the form of a personal guarantee. for shareholders, the provision of personal guarantees makes no difference between individual companies and individual companies. creditors will always look for ways to channel credit in the safest position. a secure placement can be in the form of loan guarantees, including personal guarantees from the company owner. shareholders sole proprietorship employee directorcreditor consumersupplier government other stakeholders http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 368 issn print 2086-6852 and issn online 2598-5892 thus, creditors or financial institutions that provide loans to individual companies must pay attention to the guarantees provided compared to other promises. creditors cannot charge shareholders or owners if there is no personal guarantee or mistakes in managing the company's activities. this error can be filed if the board of directors or management of the company is a shareholder. on the other hand, other stakeholders also have different positions between private companies and individual companies. the role of the supplier is the same as that of the creditor. suppliers must also pay attention to sales turnover and the business of a sole proprietorship. the entry of supplier goods must pay attention to the cash flow of a sole proprietorship. if the turnover of the sole proprietorship is not good, then there is the potential for default. the previous research say that the establishment of a sole proprietorship will obtain several conveniences, such as lower taxes, payment tenor for a particular time, establishment without a notary deed, legal protection, and can be established with only one owner or single shareholder or one-tier. but on this research we get that result is the limited liability companies have a better monitoring system in addition to the amount of capital they have. a limited liability company has more wealth than a sole proprietorship. a sole proprietorship has little money and a more negligible business activity than a limited liability company. stakeholders must pay attention to the capital and size of the company in dealing with sole proprietorships. 4. conclusion the shareholders of a sole proprietorship have the same liability characteristics as a limited liability company. sole proprietorships have ease of establishment. sole proprietorships are created specifically for micro and small businesses. the ease of establishing a sole proprietorship ha s several advantages compared to a sole proprietorship or individual company. sole proprietorships do not have a supervisory board. creditors of financial institutions have different risks between respective companies and sole proprietorships. creditors of financial institutions need to ask for additional guarantees for their loans. further research can be developed by obtaining views from stakeholders. by accepting their ideas, this research will be more complete in discussing the liability of sole proprietorships. further research can also include the calculation of the convenience obtained with cost savings that must be incurred. estimation of costs and benefits is compared to the liability received. references biro humas, h. dan k. (2021). mengenal konsep perseroan perseorangan di indonesia kementerian hukum dan hak asasi manusia republ. kementerian hukum dan hak asasi manusia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 369 issn print 2086-6852 and issn online 2598-5892 cnn indonesia. (2021). syarat dirikan pt perorangan untuk usaha mikro dan kecil. cnn indonesia. gea, a. f., hirsanuddin, h., & djumardin, d. (2020). tanggung jawab direksi atas terjadinya pailit perseroan terbatas. jess (journal of education on social science), 4(1), 83–98. https://doi.org/10.24036/jess.v4i1.249 goverment of indonesia. the job creation law no.11 year 2020. , (2020). harahap, a. s. (2008). tanggung jawab direksi dalam kepailitan perseroan terbatas berdasarkan undang-undang perseroan terbatas. lex jurnalica (journal of law), 5(3), 159–167. https://doi.org/10.22146/jmh.16126 indrapradja, i. s. (2018). kajian yuridis terhadap tanggung jawab direksi dan dewan komisaris pada struktur organisasi perseroan terbatas yang bersifat kolegialitas menurut undang undang nomor 40 tahun 2007 tentang perseroan terbatas. jurnal ilmiah magister ilmu administrasi (jimia), 12(1), 123–149. https://doi.org/10.4067/s0718-34372011000100008 johan, suwinto, and ariawan ariawan, ‘keterbukaan informasi uu pasar modal menciptakan asymmetric information dan semi strong form’, masalah-masalah hukum, 50.1 (2021), 106–18 https://doi.org/10.14710/mmh.50.1.2021.106-118. kurniawan, m. (2012). tanggung jawab direksi dalam kepailitan perseroan terbatas berdasarkan undang-undang perseroan terbatas. mimbar hukum fakultas hukum universitas gadjah mada, 24(2), 213–225. https://doi.org/10.20303/jmh.v24i2.386. listyowati, n. (2015). tanggung jawab hukum perseroan terbatas secara perdata. e-jurnal spirit pro patria, 1(2), 25–32. retrieved from https://icopi.or.id/tanggung-jawab-hukum-perseroanterbatas-secara-perdata/ nugraha, r. r., hamidah, s., & fadli, m. (2018). makna kepatutan dan kewajaran berkaitan dengan tanggung jawab sosial perusahaan dalam undang – undang nomor 40 tahun 2007 tentang perseroan terbatas. jurnal ilmiah pendidikan pancasila dan kewarganegaraan, 3(2), 176–185. https://doi.org/10.17977/um019v3i2p176-185 pebrianto, f. (2021a). uu cipta kerja: bikin pt perseroan perorangan tak perlu akta notaris. tempo.co. pebrianto, f. (2021b). kemudahan perseroan perorangan versi yasonna laoly, mulai dari pajak lebih murah. tempo.co. pemerintah republik indonesia. undang undang perseroan terbatas. , 40 § (2007). peraturan pemerintah. peraturan pemerintah no. 7 tahun 2021 tentang kemudahan, perlindungan, dan pemberdayaan koperasi dan usaha mikro, kecil dan menengah. , (2021). peraturan pemerintah republik indonesia. peraturan pemerintah nomor 8 tahun 2021 tentang modal dasar perseroan serta pendaftaran pendirian, perubahan, dan pembubaran perseroan yang memenuhi kriteria untuk usaha mikro dan kecil. , (2021). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ https://doi.org/10.4067/s0718-34372011000100008 https://doi.org/10.14710/mmh.50.1.2021.106-118  ijcpp. vol. 18 no. 3 december 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license issn: 1978-1520 copyright (c) 2022 author(s) 370 issn print 2086-6852 and issn online 2598-5892 supriyatin, u., & herlina, n. (2020). tanggung jawab perdata perseroan terbatas ( pt ) sebagai badan hukum. ilmiah galuh justiti, 8(1), 127–144. waseso, r. (2021). kata notaris perihal penyederhanaan pendirian pt yang diatur dalam uu cipta kerja. kontan.co.id. wauda, j. b. (2019). tugas dan tanggungjawab direksi sebagai organ dalam perseroan terbatas menurut undang undang nomor 40 tahun 2007. lex privatum, 7(4), 57–66. yanuarsi, s. (2013). kepailitan perseroan terbatas sudut pandang tanggung jawab direksi. solusi, 18(2), 284–297. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 379 the power of law to buy land a knock-off who is not recognized for sale bought it by a vendor’s heir tutiek retnowati, widyawati boediningsih faculty of law, narotama universty surabaya e-mail: tutiek_retnowati@yahoo.com abstract this study aims to findout and analyzed the form of proof of proof in the deed onderhands has the same power as an authentic deed if the content of the deed is not denied by the parties or in the other words acknowledge and do not deny the truth of what is written and the signatures of the parties in the agreement. the research method in this study uses normative research methods and uses a statute approach and conceptual approach. the result of this research is that in accordance with article 1857 bw, the power of proof of a deed underhand can be equated with an authenthic deed. a buying and selling agreement using a deed onderhands is valid if examined in article 1320 bw because it has fulfilled the elements in the legal requirements of the agreement. second, efforts to resolve disputes that can be carried out by the buyers is by filling a lawsuit for default at the distirct court, because the absolute requirement for making a buying and selling deed (ajb) by ppat must be attended by the parties concerned. the panel of judges can issue a decision by giving permission to the buyer to register petok d through a buying and selling in order to be able to take care of the transfer of name without the participation of the heirs in order to register a certificate of land rights at the office of the national defense agency. keywords: the power of law, buying and selling petok d 1. introduction the increasing need for land for agriculture, business, and for housing. then control of ownership of land is increasingly strengthened by variuous legal measures needed to maintain the sustainability and peace of its ownership. land has a very strategic function. both as a natural resource and as a space for development. because the availability of land is relatively fixed while the need for land continues to increase. it is necessary to have a good. firm and careful regulation regarding land tenure, as an effort to realize the ideals of control and use of land for the greatest prosperity of the people (andy hartanto,2015). in general, people in rural areas still consider a letter like petok d as a proof of ownership of land. petok d is actually land product tax ( verponding ) which prior to the enactment of law number 5 of 1960 concerning basic agrarian basic regulations ( uupa ) is proof that the land has been registered a tax object and therefore the tax must be paid. petok d as proof of ownership of land is not strong because it is not accomodated by the applicable agrarian law. there are many reasons for the lack of land that has been certified in rural and urban areas. including the lack of knowledge from the community about proof of ownership of land that is legal according to law and also most of the people still consider petok d as proof of legal ownership. buying and selling binding agreement, land between the parties can be done through a deed onderhands or can also be done through a deed made before a notary. for land that has a ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 380 freehold title ( shm ) or land that does not have a freehold certificate ( shm ). the buying and selling agreement can be made before a notary. the binding of land buying and selling with the status of certificate of title is an initial legal act that precedes the legal act of buying and selling is different from the legal act of buying and selling land. the notary has the authority to make a land buying and selling agreement deed with the status of a certificate of ownership ( shm ) but is not authorized to make an authentic deed of buying and selling of land with a certificate of ownership rights ( ajb ) with a title of ownership with the official who makes land deeds ( ppat ) (ramdan, harijanto, 2010). the definition of a convenant is an event where a person promises to another person or where two people promise each other to do something. from this event, relationship arose between the two people called an alliance. the treaty publishes an alliance between the two people who make it. in its form, the agreement is a series of words containing promises or willingness to be spoken or written. thus, the relationship between an alliance and an agreement is that the agreement publishes an alliance. there are also other sources that give birth to alliances. these other sources are covered by the name of the act. so, there is an alliance born of the “agreement” and there is an alliance born of the “ law” (subekti, 2002). in connection with the purchase of petok d land as stated in the buying and selling agreement ( ppjb ) agreement. there are of ten many losses incurred by the buyer in the ppjb. in this case, for example, at the time of sale and purchase , the seller and the buyer are only proven by a onderhands buying and selling agreement along with a receipt. which then results in an agreement between the two parties. however, at the time of the buying and selling, petok d has not been registered to become a a certificate because the buyer does not have the cost so that for the next process the seller dies. the buyer tries to request the data to the heirs, but the heirs do not want to provide the data, because at the time of the selling the heirs do not know and the heirs do not feel like selling to the buyer. so that the registration of the certificate cannot be processed. therefore there was a dispute regarding the registration of his land rights. from this description, a problem can be drawn as follows: 1. what is the legal power of a land sale that a seller cannot claim? 2. what legal effort in settlement a land dispute not approved by a peddler heir? 2. research methods this research uses normative legal research methods. normative legal research or commonly known as library law research is a research conducted by examining library materials ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 381 such as laws, goverment publications, books, dissertations, theses, journals, and others. (soerjono soekanto dan sri mamuji, 2010). mukti fajar nd and yulianto ahmad stated that the meaning of normative law research is legal research, who put the law as the norm. the meaning is about the principles, norms, rules of legislation, court decision, agreements and doctrines ( teachings ). (mukti fajar nd dan yulianto achmad,,2010 ). 3. results and discussion the power law of petok d before 1960 or before the uupa was issued, the petok d letter had the same power as a land title certificate. but after the principle of agrarian law came into force on december 24 th 1960, that power of proof no longer applies. now, the petok d letter is only considered as proof of land tax payment by the land user. so, this letter is very weak if it function as a letter of ownersip. over the ground as a result of the fact that there are still many people who do not know about the change in regulations. petok d’s letter is often evidence that causes problems in the buying and selling of land. ownership of land rights by a person or legal entity must be proven. proof of ownership of land rights is carried out or demonstrated by various kinds of evidence. however, the strongest proof is through land certificated which are strong proof of rights for ownership of land rights. in order to obtain a land certificate, it must be registered at the land registration office. (andy hartanto, 2014). in indonesia, the land registration system depends on two legal principles, namely, the principle of good faith and the principle of nemoplusyuris. according to the principle of good faith, a person who acquires a right to land in good faith, then he will remain a rightful holder according to law. furthermore according to the principle of nemoplusyuris a person cannot transfer rights beyond the right he has. this means that the transfer of rights by an unauthorized person is prohibited and null and void. this principle aims to protect the real right holder. a person named a (seller) sold a house on jalan kalilom lor indah matahari gang matahari surabaya, as the holder of land rights is petok d letter no. blok persill 005 (90) s.iii tanah kalikedinding sub-district, kenjeran district, at b (buyer) as the buyer, both parties entered into a written land sale and buying agreement of september 16 th 2009. the seller has agreed with the buyer for 100.000.000,00. in the agreement, it was mutually agreed that party b had paid a down payment of 50.000.000,00 ruoiah a week before repayment with proof of receipt through y (witness 1) the left neighbour of a’s house, who originally y was an intermdiary for b to buy house a. after as high as the time agreed upon with b shall pay off by making a payment at house ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 382 a in the amount of 50.000.000,00 rupiah with proof of receipt witnessed by y and z (witness two) is the right neighbor of a’s house. not only proof of receipt that has been made by the parties. they made a letter of agreement to buy and sell land and house which countains an explanation and article by article statement regarding the submission of proof of the certificate of ownership of the house. the agreement has been signed by both parties and the two witnesses. on the stamp duty here in after referred to as the deed onderhands. after the buying and selling transaction of pet box d begins to occupy the house and person b has not had the opportunity to register pet box d as a certificate, but person a has died. seeing the legal case above, the parties have fulfilled the legal requirement of an agreement. the parties have agreed to bind themselves in the buying and selling agreement. between a and b can be considered legally competent enough in terms of conducting a buying and selling agreement. and for the object of the agreement, it is clear. namely in the form of petok d number persil blok number 005 (90) s.iii. tanah kalikedinding sub-dstrick, kenjeran sub-district, as well as a physical house located on jalan kalilom lor indah, alley matahari, surabaya. and for some reason that is lawful or not forbidden. based on article 1338 bw which explains that all agreements made legally apply as law to those who make them. agreements that have been made by the parties apply the principle of pacta sunt servanda which is the principle of legal certainty. the legal power of buying and selling underhand buying and selling onderhands is a natural thing to happen, especially in remote villages. this is due to the lack of public knowledge of the law. the term letter or deed onderhands is a term used for the making of an agreement between the parties without being present or not in the presence of the land deed maker office. onderhands agreement is an agreement made by the promised parties themselves. without a certain standard and only adapted to the needs of the parties. while the power of proof is only between the parties if the parties do not deny and acknowledge the existence of the agreement ( acknowledging the signature in the agreement made ). it means that one of the parties can deny the truth of his signature in the agreement. unlike the authentic deed, the deed onderhands has its own characteristics and uniqueness : 1. its free form 2. make it not necessarily in before public officials 3. stay having power evidence. as long as it was not denied by its maker. 4. in the case of proof, it must be accompanied by other witnesses and evidence. hence, usually in the deed underhand. it is the best to include two adult witnesses to strengthen the evidence. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 383 if that format of the authentic deed has been regulated in accordance with the law. deed onderhands has a format that is not explicity regulated in the law so that there is no standard format. thus, the parties are free to determine the format of the agreement made. an underground deed is a type of deed not made by or through the intermediary of a public official. for example, a letter of sale-purchase or lease agreement made in person and signed-in person by both parties entering into the agreement. if the party who signs the agreement letter acknowledges or does not deny the truth of what is written in the agreement letter, then the onderhands deed has the same proving power as an official deed. based on article 164 hir, civil procedural law in indonesia recognizes the existence of a letter as one of the legal evidence in court. therefore, the private deed is still recognized as evidence that can be used in court when a dispute occurs. however, the strength of the proof is not as perfect as the authentic deed. but the strength of the proof remains as long as the deed is not denied by the parties who made it. in general, buying and selling agreements are made using authentic deeds. but not a few also do buying and selling with deed onderhands. an agreement is an event, where one person promises to another person or where the two people promise each other to do something .( j. satrio,1999). an agreement can be valid and binding on the parties. the agreement must meet the conditions as stimulated in article 1320 of the civil code. they are: 1. agree that those who bind themselves 2. agree to make deals 3. one thing in particular 4. an honest causa or whatever the first and second terms concern the subject. while the third and fourth conditions concern the object. the presence of a defect of will ( confusion, coercion, fraud ) or inability to make an alliance. on the subject of which the agreement may be revoked. while if the third and fourth conditions regarding the object are not met, then the agreement is void for the sake of law.( ibid., h. 17.) agreed or also called a license, means that the two subjects who enter into the agreement must agree. agree on the subject matter of the agreement entered into, so as desired by the other party. they want the same thing reciprocally. the person who makes an agreement must be competent according to the law. in principle, every person who is an adult or puberty and sane is competent according to the law in article 1330 of the civil criminal code referred to as people who are not competent to make an agreement are: 1. immature people ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 384 2. those who are placed under pardon 3. women in matters prescribed by law, and all persons to whom the law has prohibited the making of certain agreements. as the third condition an agreement must be about a certain right, meaning what the rights and obligations of both parties are agreed upon in the event of a dispute. the type of goods intended in the agreement must be determined at least. that the goods already exist or are in debt at the time agreement is made, it is not required by law. the number also does not need to be mentioned as long as it can then be calculated or determined. finally by article 1320 of the civil code stipulated as the fourth condition for a valid agreement the existence of a lawful cause. by reason (dutch oorzaak, latin causa) this meant nothing other than the content of the treaty, immediately must eliminate the possibility of a misconception, that the cause is something that causes a person to make the intendeed agreement. that is not what the law means for reasons. something that causes a person to enter into an agreement or a soul impulse to enter into an agreement is essentially ignored by law. the law basically does not care what is in one’s idea or what one aspires to, what is noticed by the law or the law is only the actions of the people in society. the occurrence a buying-selling agreement: main elements of the buying selling agreement are goods and prices in accordance with the principle of “ consensualism “ which animates the law of the civil code agreement. the buyingselling agreement has been born at the moment an agreement is reached on good and price, then a valid buyng and selling agreement is born. (subekti, 1995). the nature of consensualism of the buying and selling is confirmed in article 1458 of the civil code which reads: “ the buying and selling is considered to have been reached between two parties as soon as they reach an agreement on the goods and the price, even though the goods have not been delivered and the price has not been paid.” consensualism comes from word consensus which means agreement. by agreement is meant that between the parties. the parties concerned reached on agreement of will, meaning that what is desired by one is also desired by the other. the two will meet in the agreement. whether this agreement is expressed by both parties by saying words such as: “agree”, “accord”, “ok”, “etc”, or by jointly putting their signatures under written statements as a sign (evidence) that both parties have agreed to everything stated in the writing. terms the validity of an agreement based on the provisions contained in article 1320 of the civil code, that the condition for a valid agreement is that the parties must meet certain condition, namely as follows: ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 385 1) . agree those who bind themselves. the two subjects to the agreement must agree on the subject matter of the agreement entered into. agree means, that what one party wants is also wanted by the other parties. 2) the ability of the parties to make an agreement. cakap means that the people who make an agreement must be competent according to the law. a person who has matured or reached puberty is physically and mentally healthy is considered competent according to the law so that he can make an agreement. people who are considered incompetent according to the law are specified in article 1330 of the civil code, they are: a. immature people b. a person who has matured but is in remission. 3) a certain thing an agreement must be clear about a certain thing or object, meaning that in making an agreement the object of the agreement must be stated clearly. so that the rights and obligations of the parties can be determined. 4) a lawful reason. an agreement is deemed valid when it is not contrary to law, decency and public order. (purwahid patrik, 1986). meaning of buying and selling the buying and selling meant here is the buying and selling of land rights. in practice it is called land tranding. juridically, what is being traded is the right to the land not his land. it is true that the purpose of buying land rights is so that the buyer can legally control and use the land. the term about buying and selling is mentioned in the legislation related to land, the name is law no.5 of 1985 th on apartement buildings, goverment regulation no. 40 of 1996 th on business use rights, building use rights, and land use rights. goverment regulation no. 24/1997 th concerning land registration. presidential decree no. 55/1993 conncerning land acquisition for the implementation of development in the public interest. presidential regulation no.36/2005 concerning land acquisition for development in the public interest. decree of the state minister for agrarian affairs/ head national defense agency ( kepmen agraria / head of bpn ). concerning procedures for acquiring land for companies in the context of investment. (andy hartanto, op. cit, h. 355.). notion of heirs legislation in the bw has established the family who is entitled to be heir, as well as the portion of the division of his inherited property. the portion of inheritance for children born out of wedlock, among others, is arrange as follow: 1. 1/3 of the legal child, if the child born out of wedlock becomes the heir together with the ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 386 legal child and the widow or widower who lives the longest. 2. 1/2 of the legal portion of the child, if the child born out of wedlock becomes the heir together with the heirs of the second and third groups. 3. 3/4 of the legal child, if the child born out of wedlock becomes the heir together with the heirs of the fourth group, namely the relatives of the heir to the sixth degree. 4. 1/2 of the legal child’s share, if the child born out of wedlock becomes the heir together with the heir’s grandfather or grandmother. after the occurance of cloving. so in such a case, the share of children born outside of marriage is not 3/4, because for this fourth class of heirs, before the inheritance is divided. they must first be divided in half or kloving so that children born outside of marriage will receive 1/4 of the share of legal children. of half of the inheritance from the father’s line and 1/4 of the share of the inheritance of the lehitimate children from the mother’s line so that it becomes half. however, if the heir does not leave an heir up to the sixth degree, while there are only children born out of wedlock. the illegimate child gets the full inheritance or the property falls in the hands of the children born outside of marriage, some of the heirs are the only. it is different for children born from adultery and children born to parents who are not allowed to marry because both of them are very closely related. according to bw they have absolutely no right to inheritance from their parents, these children are only entitled to a share of income for their living. live as necessary. the law has established the order of the family that becomes the heir. that is, the wife or husband left behind and the legal or illegitimate family of the heir. heirs according to law or abintestato heirs based on blood relationship there are four groups. they are: 1) . the first group the first group is the family in the straight down line. including children and their descendants as well as husbands or wives who are left behind or who live the longest. the husband or wife who was left or lived the longest way only recognized as heir in 1935. whereas previously the husband or wife did not inherit from each other. the portion of the first group which includes family members in a straight down line, namely children and their offspring, widows or widowers who are abandoned or who have lived the longest, each receive one equal share. therefore, if there are four children and a widow, each of them is entitled to 1/5 of the inheritance. if one of the children has died before the heir but has five kids, namely the grandchildren of the heir, then the fifth part of the child is divided among the kids who replace the deceased father (in the bw inheritance law system is called plaatsvervulling and in the islamic legal system of heirs it is called the successor heir and in customary heir law it is called the heir of pasambei) so that each grandchild has one-twenty-fifth part. similarly, if a father dies and leaves an heir ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 387 consisting of one child and three grandchildren, then the right of grandchildren is barred from the child. ( child closes his child to become heir ). 2) . the second group the second category is the family in a straight upward line, including parents and siblings, both male and female and their descendants. for parents there is a special regulation which ensures that their share will not be less than a quarter of the inheritance. even if they inherit together with the heir. therefore, if there are three siblings who become heirs together with the father and mother. then the father and mother will each receive 1/4 of the entire inheritance. while half of the inheritance will be inherited to three brothers who each receive one-sixth of the share. if the mother or father of one of them has died then the one who lives the longest will get the following: a. half of all the inheritance. if he becomes an heir together with a brother. both men and women a like. b. one-third of the whole estate., if he becomes heir together with two heir brothers. c. a quarter of the whole estate, if he becomes heir together with three or more heirs. when the father and mother have all passed away, then the entire estate falls to the heirs, as the heirs of the second group who still exist. but if among the siblings who still exist, it turns out that there are only half-siblings or half-mother with heirs, then the inheritance is is first divided into two. one part is a allocated to half siblings. 3) the third group the third group is the heirs which includes grandparents, and ancestors further up from the heirs. the heirs of the third group consist of the died family in a straight line up after the father and mother i.e. grandparents and continue upwards indefinetely from the heirs. therefore, if the heir does not leave the first and second class heirs at all. in this condition, before the inheritance is divided, it must first be divided in two (kloving). then one half is part of the relatives of the heir’s father’s line and the other half is part of the heir’s mother’s lineage. the half of the cloving must be given to the heir’s grandfather for part of the paternal line, while the share of the maternal line must be given to the grandmother. the method of distribution is that the inheritance is divided in two, one for the share of grandparents from the paternal line and another part for the grandparents from the maternal line. the division is based on article 850 and article 853: (1) half for dad half for the mother 4) the fourth group ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 388 the heirs of the fourth class include members in the lateral line and other relatives up to the sixth degree. it consists of side-line families, namely uncles and aunts and their descendants, both from the father’s side and the mother’s side. the descendants of uncles and aunts to the sixth degree are counted from the corpse (who died). if part of the maternal line has no heirs at all up to the sixth degree then part of the maternal line falls to the heirs of the paternal line and vice versa. in article 832 paragraph 2 of the bw it is mentioned : “ if the heirs entitled to the inheritance property do not exist at all, then all the inheritance property falls into the property of the state, further the state must pay the debts of the heir as long as the inheritance property is sufficient.” the method of division of the inheritance of the fourth group is the same as the heirs of the third group. that is, the inheritance is divided into two. one part for his uncle and aunt and his descendants from the paternal line and another part for his uncle, aunt, and his descendants from the maternal line. the legal position of the sale and purchase of petok d land according to the uupa and pp number 24 of 1997 the reality that shows that there are still many lands that do not have proof of rights here does not mean that the land cannot be sold or transferred to other parties. the land can still be transferred by making a buying and selling deed by ppat in accordance with article 37 paragrapgh 1 of goverment regulation number 24 of 1997 or by making a land buying and selling bond by a notary. of course, in accordance with the aspiration to establish a legal certainly. it is hoped that the parties in the land transfer will use the buying and selling deed by ppat along with the registration process and the transfer of the name, but it does not rule out the possibility of an underhand deed in the form of buying and selling agreement. according to article 1 number 1 of pp number 3 of 1998 which is reffered to as ppat is a public official who is given the authority to make authentic deeds regarding certain legal acts regarding land rights or property rights over apartment unit. ppat’s main task in this case is to carry out some land registration activities by making a deed as proof that certain legal acts have been done on land rights or ownership of apartment units that will be the basis for the registration of changes in land registration data as stated in article 2 paragrapgh 1 pp no. 37 of 1998 are buying and selling, barter, grants, income in inbreng companies, division of joint rights, grant of building use rights or right to use land ownership rights, grant of dependent rights, and the granting of power imposes the rights of the dependent. as for the function of the ppat deed in buying and selling according to the opinion of the supreme court in its decision no. 13693/k/sip/1997 that article 19 pp no.10 of 1961 clearly determines that the deed is an absolute requirement regarding the legality of a land buying and selling. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 389 it can be seen that based on national land law, the practice of legal actions that result in the transfer of land rights in this case buying and selling can only be proven by a deed made by ppat. the buying and selling registration carried out by a person will not obtain a transfer certificate even though the buying and selling is legal according to law. this means that the role of ppat is becoming increasingly important because ppat has the task of assisting the head of the land office in carrying out land registration activities by making deeds as proof that certain legal actions have been carried out, in this case the buying and selling of land ownership rights. the validity and binding power of buying and selling land the buying and selling of land according to pp no.10 of 1961 which has been completed with pp no.24 of 1997 must be proven by a deed made by a ppat. the buying and selling of land which was originally sufficient to be carried out in front of the village headman and now by agrarian regulations must be in front of the ppat is a change that aims to improve the quality of evidence carried out according to customary law where the community is limited in personal and territorial scope, it is enough to make a letter by the seller himself and be known by the goverment country or village headman. the power of formal eveidence concerns the question: “ is it true that there is a question? “. this formal power is based on whether or not the deed is true, is a statement from those who signed the deed. the strength of this formal proof provides certainty about the event that the parties stated and did what was contained in the proof deed born from the buying and selling binding agreement deed which was sufficiently proven. regarding material evidence, it involves the question of whether the contents of the statement in the deed are true. the strength of the material proof here is emphasized on the truth of the statements contained in the deed. so that the strength of this evidence providers certainty about the material, provides certainty about the material. provides certainty about the event that the parties stated and did as stated in the deed, concerning the object of the agreement, namely land and buildings. legal protection for the people buying petok d land protection is the provision of guarantee for something as a consequence of the protector. in terms of protection, there are rights that must be protected and respected. right contains the notion of possesion. possesion, authority, or power to do something precribed by law. (departemen pendidikan nasional, 2001). satjipto rahardjo mentions rights as powers given by law to a person with the intention of protecting the interest of that person.( satjipto rahardjo, 1986). the provision of legal certainty guarantees in the land sector. first of all requires the availability of written, complete and clear legal instruments that are carried out consistently in accordance with the spirit and content of provisions. in addition, in dealing with concrete cases, it is also necessary to carry ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 390 out land registration which makes it possible for holders of land rights to easily prove their rights to the land they control, and for interested parties, such as prospective buyers and potential creditors, to obtain the necessary information regarding land that is the object of legal action to be carried out, as well as for the goverment to implement land policies. the legal effort that buyers can make to transition right over land every human being certaintly has a goal in life, humans will try to be able to fulfill their life needs first. the needs of human life are absolute and must be fulfilled because without the fulfillment of these needs, human will not be able to carry out their activities. namely the fulfillment of the needs of clothing, food, shelter. the making of the deed of buying and selling must be attended by the parties who carry out legal actions before the ppat. when party a as the seller is not present then ppat is not entitled to make the deed of buying and selling. party b is unable to process the name transfer certificate at the land office because one of the absolute requirements for the transfer of name process is to attach the buying and selling deed make by ppat. party b feels aggrieved because it only has proof of the agreement made with party b which is referred to as an onderhand deed with a buying and selling agreement as proof of payment which cannot be used as a basis for submitting the transfer process at the land office. effort that can be taken by party b in only by filing a lawsuit to the court. party b as the buyer can filing a lawsuit in the local district court with a claim that party a as the seller has comitted an act of default, namely not fulfilling the agreement to be present in making the deed of buying and selling before the ppat. party a does not have the good faith to be present at the ppat office to fulfill its achievements as a seller, namely an agreement to be willing to help party b so that it can register petok d as a certificate at the land office. party b has fulfilled the element as a buyer by making a payment of repayment with proof of receipt to party a, but party a when contacted by party b to attend the making of the deed at the ppat office is not willing to attend. party b can include witness y and z who are neighbours of party a in filing a lawsuit in court. in article 1895 bw explains that “ evidence with witnesses is permitted in all matters that are not excluded by law “. a letter of agreement or also referred to as an act onderhand that has been made jointly between party a and party b in principle has become law for them. if party a does not fulfill the contents of the agreement letter than party a has violated the law, this is regulated in article 1338 paragraph 1 of the bw which explains that “ all lawfully entered into law shall apply to those who make them”. party a has comitted an act of default because party a does not fulfill its achievements, namely not being present at the ppat office when contacted by party b. as already explained in article 1234 bw that is, “ an allliance is indicated to give something.” which means ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 391 that if one of the parties does not perform the agreed action ( achievements ). the otherwise it is considered a default is someone: 1. not doing what he was willing to do 2. to fulfill its promises but not as promised 3. to do as promised but too late 4. doing something that obeys contracts should not be made. as a result or default, it can usually be subject to sanctions in the form of compensation, contract cancellation, risk transfer, and court fees. (abdul r. saliman, 2005,). an application for a default suit has been set out in article 1267 bw which stipulates as follows: “the party to whom the agreement is not fulfilled, may elect, compare the other party to comply with the agreement, and bank interest.” the lawsuit is based on the seller who is in default because he does not want to be present at the ppat office for the making of the deed of buying and seling. against the lawsuit the court can give a decision that the agreement between the buyer and seller is legally valid in view of the provisions of article 1320 bw. the panel of judges can make a decision by giving permission to the buyer to register the transfer of land rights through buying and selling in order to be able to take care of the transfer of names without the participation of the seller to register petok d as a certificate at the office the national defense agency. as a result of subcontract based on article 1340 paraprapgh 1 bw which states that “agreement made are only valid between the parties who make them.” it means that every agreement made will be binding on the parties who make it. basically, when an agreement is made, an alliance is born between the parties. this is regulated in article 1233 bw which explains that “ every engagement is born, either by agreement or by law.” form the provisions of the article above, it can be conclude that the source of the engagement is an agreement and a law. as in the explanation of the previous subchapter which explains about obligatory agreements. it can be concluded that by closing the agreement,in principle, only an engagement is born, in the sense that the object of the agreement has not been transferred. while for the transition, it is still necessary to have leverage. thus, in principle, one can distinguish between the birth of the obligatory agreement and the time of delivery of achievements or rights, even if in a cash buying and selling which is immediately followed by the delivery of the object. the two moments fall simultaneously. agreements that give birth to alliances, indeed often give birth to a group of alliances. (j. satrio, op.cit, h. 38)., as in article 1457 bw which explains that: “ a buying and selling is an agreement, by which one party binds himself to deliver an item and the other party pays a fixed price.” ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 392 from these provisions it is clear that a buying and selling agreement between the seller and the buyer is mutually binding. one of which submits an object and the other party submits an amount of money. here the new parties promise each other but the buying and selling agreement itself has been born with an agreement. then article 1457 bw is emphasized in article 1458 bw which is in both articles the parties bind themselves to each other to give a certain achievement. then between the parties there is an alliance, in which the other parties have obligations because rights and obligations have economic value so that the alliance that arises fro the buying and selling agreement can be seen as follows: -) the seller has the right to demand payment from the buyer or the buyer has an obligation to pay the agreed price. -) the buyer has the right to demand the delivery of the object of buying and selling or the seller is obliged to submit the object of buying and selling. -) the seller is obliged to bear the presence of any hidden defects or otherwise the buyer is entitled to claim such warranty. (ibid., h. 39). 4. conclusion the power of law on which the buyer of the land of the petok d was not recognized as having no legal power because the letter of petok d was actually a tax certificate of produce (verponding) or is defined as proof that the land has been registered as a tax object and therefore must be paid in taxes, inorder to gain the power of the law, it must be registered to be made payable. goverments define what powers the law as seductive. legal efforts to resolve the buying and selling dispute of block d land which is not recognized by the heirs of the seller if the heirs are not willing to appear for the making of the buying and selling deed by the ppat, by filing a default lawsuit in the state court. because the absolute condition of making a deed of sale by ppat must be attended by the parties concerned. the panel of judges can make a decision by giving permission to the buyer to register the transfer of land rights to petok d through buying and selling in order to be able to take care of the transfer of names without the participation of the seller’s heirs for registration of land rights certificates at the national land agency office. refferences abdul r. saliman, (2005), hukum bisnis untuk perusahaan teori dan contoh kasus, jakarta: kencana perdana media group. andy hartanto, (2015), panduan lengkap hukum praktis : kepemilikan tanah, surabaya: laksbang justitia. ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 4 2022 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 393 andy hartanto, (2014), hukum pertanahan (karakteristik jual beli tanah yang belum terdaftar hak atas tanah), surabaya: laksbang justitia. departemen pendidikan nasional, (2001), kamus besar bahaasa indonesia, jakarta: balai pustaka. j. satrio, (1999), hukum perikatan, perikatan pada umumnya, edisi pertama, bandung: alumni, mukti fajar nd dan yulianto achmad, (2010), dualisme penelitian hukum normatif dan hukum empiris, yogyakarta: pustaka pelajar. purwahid patrik, (1986), asas-asas itikad baik dan kepatutan dalam perjanjian, semarang: badan penerbit undip. ramdan, harijanto, (2010), kewajiban-kewajiban dalam pelaksanaan jual beli tanah bersertifikat, jakarta: pustaka ilmu. satjipto rahardjo, (1986), ilmu hukum, bandung: alumni. subekti, (1995), aneka perjanjian, bandung: citra aditya bakti. subekti, (2002), hukum perjanjian, jakarta: intermasa. soerjono soekanto dan sri mamuji, (2010), penelitian hukum normatif suatu tinjauan singkat, jakarta: raja grafindo persada.  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 331 settlement of multiple certificate disputes on the same land object rica intan febriyanti faculty of law, university surabaya e-mail: ricaintan@gmail.com abstract land has an economic aspect with the value of the rupiah increasing every year, in the form of an increase in njop on sppt pbb. regarding legal land ownership through the inclusion of the owner's name on the land title certificate, several court decisions have found cases of double certificates which are original and authentic certificates. to determine who is entitled to the ownership of land rights in the same object, a lawsuit is made through the district court with the land office as a co-defendant. the purpose of this study is a legal remedy in the event of a land dispute due to dual certificates and the validity of the issuance of multiple certificates whose legality will be recognized according to law. this study uses empirical juridical methods, namely juridical research conducted by examining library materials called library research with a statute approach. sources of legal materials used in this legal research use primary legal materials which are authoritative legal materials, meaning they have authority. the results of this study are the certificates issued by the land agency are valid until they are declared null and void by the district court, on the validity of the dual certificates, the applicable certificate is the land certificate which was issued earlier and declared valid by the panel of judges. suggestions from this research are that the land office is expected to be more careful in conducting research on physical and juridical data in issuing land rights certificates. keywords: multiple certificates, land office, land rights 1. introduction land is one of the natural resources that is useful and has enormous usability for human survival. land is a source of livelihood and livelihood for the community and even land cannot be separated from the birth of a human until the human dies . land is valued as one of the high-value and special assets that encourages everyone to own it. land is one of the absolute human needs, meaning that human life is influenced and determined by the existence of land (j. andi hartanto: 2014). in national law relating to land law, land law must be in line with the constitution in force in indonesia, which as article 33 paragraph (3) of the 1945 constitution, with the formulation that "earth, water and natural resources contained therein, whose control is assigned to the state of the republic of indonesia, must be used for the greatest prosperity of the people.” these provisions are the legal basis for national land politics which have one goal, namely for the prosperity of the people, which is used by the state control mechanism which is then further elaborated, among others in article 2 paragraph (2) of law number 5 of 1960 concerning basic regulations. agrarian principles. where the state has the power to regulate land that has been owned by a person or legal entity or free land that has not been owned by a person or legal entity will be directly controlled by the state. (elza syarief: 2012). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 332 land has a very important function for the community and for many people who do everything they can to obtain land rights, some even take land belonging to other people. the condition of the community has resulted in agrarian problems and disputes in social life. in connection with the foregoing, in order to minimize the incidents mentioned above, it is necessary to provide legal certainty of land ownership rights (lestari, 2014). to obtain legal certainty and certainty of land rights, the community needs to register the land they own to obtain a land title certificate, where this land title certificate serves as a strong proof of ownership of the land rights they have. land rights certificates are valid as strong evidence as regulated in the basic agrarian law in article 32 paragraph (1) government regulation number 10 of 1961 concerning land registration, which has now been revoked and reaffirmed in government regulation number 24 of 1961. 1997. certificate is a strong and authentic evidence. certificates are a form of embodiment of legal certainty guarantees for certificate holders as perfect evidence as long as the opposing party cannot prove otherwise. this dual certificate dispute arises because of objections from the owner of the same certificate in one object of land rights and both certificates are valid and authentic. the case regarding the double certificate is found in cassation decision no. 976 k/pdt/2015 with liem teddy as the applicant for cassation against the ministry of defense and security/armed forces of the republic of indonesia cq. indonesian national army army regional military command iii/siliwangi as the respondent of the cassation. as for the case, on october 5, 2006 the plaintiff purchased a plot of land and a building located on jl. cicendo number 16 (formerly number 20) babakan ciamis village, sumur bandung district, bandung city, from pt. propelling based on the sale and purchase deed number 158/2006 which was made before the land deed making officer (ppat) tien norman lubis, sh, ppat bandung city. whereas, the land has been certified with hak guna bangunan number 46/kelurahan babakan ciamis, situation figure number 835/1993 dated february 11, 1993, with an area of 484 m² on behalf of co-defendant i, which was issued by the national land agency of bandung city and has been reversed from as the seller to the applicant for the cassation as the buyer. that, when the land was purchased by the plaintiff, the object of the sale was the building use rights certificate number 46/kelurahan babakan ciamis, situation picture number 835/1993 dated 11 february 1993, the area of 484 m² issued by the bandung city national land agency was issued on 07 august 1993 the rights are still valid until july 21, 2013. whereas, when the land was purchased by the plaintiff in 2006 the condition of the land and building was empty and controlled, and cared for by the plaintiff until now, when the plaintiff carried out renovations on the building by first obtaining a building permit number 503.648.1/1314/distarcip /vii/2008 on behalf of the plaintiff, as well as permission from the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 333 relevant agency, with the intention of being leased to a government sharia bank, the plaintiff was visited by defendant i with letter number b/831/xi/2008 dated november 6, 2008 which basically stated that regarding status of land and buildings on jl. cicendo number 16 (formerly number 20), the city of bandung is an asset of the tni ad kodam iii/slw in accordance with the right of use certificate number 18 dated august 28, 1998, which ordered the plaintiff to vacate the land and building (in casu land on jl. cicendo number 16 ( formerly number 20) belonging to the tni ad kodam iii/slw no later than november 30, 2008. whereas, prior to the sale and purchase process, formal data checks were carried out through the bandung city national land agency/bandung land office, and also due to the transfer of assets from pt propelat , then the announcement was made through the people's thoughts newspaper 2 times, and there were no objections from any party including defendant i, and the process of changing the name of the building use rights certificate number 46/kelurahan babakan ciamis was carried out by the bandung land office without notifying that the above the plaintiff's certificate has been issued a right of use certificate number 18/kel. babakan ciamis on behalf of the siliwangi military command. it is clear that multiple certificates have been issued but there are differences in the granting of land rights to the same object. both parties have good intentions for the ownership of the land. this case will be the basis for making legal research with the title settlement of disputes on multiple certificates of the same land object. 2. research methods legal research is a process to find the rule of law, legal principles, and legal doctrine in order to answer the legal issues faced. this is in accordance with the character of legal science. there are two types of legal research proposed, namely normative legal research and empirical legal research. the type of research used in this research is normative legal research, which is a research that mainly examines positive legal provisions and legal principles. to support legal research, research methods are used which consist of the approaches used in this legal research, namely the statute approach, the case approach, the comparative approach and the conceptual approach. this study uses empirical juridical methods, namely juridical research conducted by examining library materials called library research with a statute approach. sources of legal materials used in this legal research use primary legal materials which are authoritative legal materials, meaning they have authority. primary legal materials consist of legislation and judges' decisions. the primary legal materials in this study are: 1. basic agrarian law no. 5 of 1960 2. regulation of the head of the national land agency no. 1 of 1999 concerning procedures for handling land disputes http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 334 3. government regulation no. 24 of 1997 concerning land registration 4. law -law number 2 of 1986 concerning general courts and its amendments. while secondary legal materials are all publications on law that are not official documents. publications on law that are used as secondary legal materials in research are textbooks, legal dictionaries, literatures, scientific journals, and other dictionaries as support. 3. result and discussion land registration and certificate issuance according to legislation land registration according to boedi harsono is a series of activities carried out by the government continuously and regularly, in the form of collecting certain information or data, processing, storing and presenting it for the benefit of the people, in order to guarantee legal certainty in the land sector, including the issuance of evidence and its maintenance (boedi harsono: 2007). land registration is regulated in article 1 paragraph (1) government regulation number 24 of 1997. land registration is an activity carried out by the government regarding the collection, processing, bookkeeping, presentation and maintenance of physical data and juridical data in the form of maps and lists of land parcels and land parcels. apartment unit, including the provision of proof of title for a parcel of land that already has rights and ownership rights to an apartment as well as certain rights that encumber it. the government carries out land registration activities continuously and continuously. the plot of land in question is part of the earth's surface which is a limited area (jayadi setiabudi: 2012). in article 9 of government regulation no. 24 of 1997 regulates the object of land registration including. a. plots of land owned with ownership rights, cultivation rights, building use rights and use rights; b. management rights land; c. waqf land; d. ownership of flat units; e. mortgage right ; f. state land; land registration is one of the requirements in an effort to organize and regulate the allocation, ownership, control and use of land, including to overcome various land problems. land registration also provides certainty of rights to rights holders as well as legal protection with evidence in the form of land certificates, as a structuring of land control and ownership as well as land use. the spearhead of land registration is the issuance of certificates that produce physical data and juridical data regarding the rights to the land. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 335 legal efforts if a land dispute occurs due to dual certificates and the validity of the issuance of multiple certificates whose legality will be recognized according to law disputes are conflicts, disputes, or disputes that occur between one party and another and or between one party and various parties related to something of value, whether in the form of money or objects (salim hs: 2012). the definition of land disputes is also explained in article 1 of the regulation of the head of the national land agency number 1 of 1999, namely differences of opinion between interested parties regarding the validity of a right, granting land rights, land registration, including the transfer and control of evidence and parties who have rights. interests and have legal relationships with other parties who are affected by the status of the land (rusmadi murad: 1991). as for the case, on october 5, 2006 the plaintiff purchased a plot of land and a building located on jl. cicendo number 16 (formerly number 20) babakan ciamis village, sumur bandung district, bandung city, from pt. propelling based on the sale and purchase deed number 158/2006 which was made before the land deed making officer (ppat) tien norman lubis, sh, ppat bandung city. whereas, the land has been certified with hak guna bangunan number 46/kelurahan babakan ciamis, situation figure number 835/1993 dated february 11, 1993, with an area of 484 m² on behalf of co-defendant i, which was issued by the national land agency of bandung city and has been reversed from as the seller to the applicant for the cassation as the buyer. that, when the land was purchased by the plaintiff, the object of the sale was the building use rights certificate number 46/kelurahan babakan ciamis, situation picture number 835/1993 dated 11 february 1993, the area of 484 m² issued by the bandung city national land agency was issued on 07 august 1993 the rights are still valid until july 21, 2013. whereas, when the land was purchased by the plaintiff in 2006 the condition of the land and building was empty and controlled, and cared for by the plaintiff until now, when the plaintiff carried out renovations on the building by first obtaining a building permit number 503.648.1/1314/distarcip /vii/2008 on behalf of the plaintiff, as well as permission from the relevant agency, with the intention of being leased to a government sharia bank, the plaintiff was visited by defendant i with letter number b/831/xi/2008 dated november 6, 2008 which basically stated that regarding status of land and buildings on jl. cicendo number 16 (formerly number 20), the city of bandung is an asset of the tni ad kodam iii/slw in accordance with the right of use certificate number 18 dated august 28, 1998, which ordered the plaintiff to vacate the land and building (in casu land on jl. cicendo number 16 ( formerly number 20) belonging to the tni ad kodam iii/slw no later than november 30, 2008. whereas, prior to the sale and purchase process, formal data checks were carried out through the bandung city national land agency/bandung land office, and also due to the transfer of assets from pt propelat , then the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 336 announcement was made through the people's thoughts newspaper 2 times, and there were no objections from any party including defendant i, and the process of changing the name of the building use rights certificate number 46/kelurahan babakan ciamis was carried out by the bandung land office without notifying that the above the plaintiff's certificate has been issued a right of use certificate number 18/kel. babakan ciamis on behalf of the siliwangi military command. after the plaintiff was visited by defendant i and given letter number b/831/xi/0 dated november 6, 2008, defendant i ordered the plaintiff to vacate the a-quo land and building without going through the applicable legal process, the plaintiff checked with the city national land agency. bandung (in casu the bandung land office) with a letter dated november 25, 2008 to inquire about the status of the plaintiff's land, but the efforts made by the bandung land office in mediating the plaintiff with defendant i and with co-defendant i have not been reached, and no agreement has been reached until now. this. whereas, as was the case when on september 30, 2011, the plaintiff submitted a request for a change in the right to build into a hak milik to the bandung city national land agency, and the bandung land office responded with a letter dated october 18, 2011 which basically acknowledged by the bandung land office that building use rights certificate number 46/kelurahan babakan ciamis, situation picture number 835/1993 dated february 11, 1993, area of 484 m² issued by the national land agency of bandung city (in casu. bandung land office), published on august 7, 1993. the name of the plaintiff, but there is a note on the land that a right of use certificate number 18/kelurahan babakan ciamis has been issued in the name of kodam hi siliwangi (in casu defendant i ), and the bandung land office said that the process of changing hgb to property rights so that the plaintiffs resolve the problem first first with the kodam ill siliwangi (in casu the defendant i). whereas, the actions of the bandung land office which did not want to carry out the process of increasing the plaintiff's building use rights into ownership rights, resulted in losses and no legal certainty for the plaintiffs, after the certificate of building use rights number 46/babakan ciamis expired on july 21, 2013 , therefore there is sufficient legal ground for the plaintiff to be declared the legal owner of the land and buildings. whereas against the lawsuit the bandung district court has given its decision number 336/pdt.g/2013/pn.bdg. dated may 19, 2014 which is as follows: 1. reject the plaintiff's provisional claim 2. accept the plaintiff's defendant's claim in part; 3. to declare that defendant i and the bandung land office have committed an unlawful act (onrecht matigeedad); http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 337 4. declaring valid and binding deed of sale and purchase no. 158/2006 dated october 5, 2006 drawn up before the land deed making officer, tien norman lubis, sh, ppat bandung city in conjunction with building use rights certificate number 46/kelurahan babakan ciamis, picture of situation dated 11-02-1993 number 835/1993 area 484 m² written in the name of liem teddy. 5. stating that the plaintiff is the legal owner of a plot of land and building located on jl. cicendo number 16 (formerly number 20), the city of bandung based on the certificate of building use rights number 46/kelurahan babakan ciamis, picture of the situation dated 11-02-1993 number 835/1993 with an area of 484 m² written in the name of liem teddy (in casu. plaintiff); 6. punish co-defendant i and co-defendant bandung land office to submit and obey this decision. considering, whereas at the level of appeal against the bandung land office's application, the district court's decision has been annulled by the bandung high court with decision number 399/pdt/2014/pt.bdg dated november 11, 2014 which is as follows: 1. received the appeal from the appellant/ the plaintiff in the original reconvention of defendant i; 2. canceling the decision of the bandung district court number 336/pdt.g/2013/pn.bdg dated may 19, 2014 for which the appeal was requested; 3. granted the plaintiff's claim in the convention/defendant i in the convention in part 4. to declare that the deed of sale and purchase number 54 dated 12 may 1959 is valid according to law; 5. declaring that it is legal according to the right of use certificate number 18 dated 11 november 1998, measurement letter number 13/babakan ciamis/1998 dated 29 august 1998, covering an area of 464 m² on behalf of the ministry of defense and security/armed forces of the republic of indonesia/indonesian national army-force land/military regional command iii/siliwangi; 6. stating that the object of dispute on jalan cicendo number 18 a now number 20 bandung certificate of use of land rights number 18 dated 11 november 1998, measurement letter number 13/babakan ciamis/1998 dated 29 august 1998, covering an area of 464 m2 belongs to and assets of the ministry of defense and security /republican armed forces/indonesian national army-army/regional military command iii/siliwangi; 7. to punish the defendant in the convention/plaintiff in the convention to vacate and submit the object of dispute to the plaintiff in the convention/defendant i in the convention on the land and building of the object of the dispute; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 338 8. to declare deed of sale and purchase number 158/2006 dated october 5, 2006 and certificate of building use rights number 46/kelurahan babakan ciamis, picture of situation dated february 11, 1993 number 835/1993, area of 484 m2 written on behalf of liem teddy (ic. plaintiff) has no legal force; whereas in assessing the validity of one of the 2 (two) authentic evidence of rights, the rule applies that the certificate of rights issued earlier is valid and has legal force. whereas in accordance with the facts of the trial, the building use rights certificate (hgb) number 1458 which was later extended by the hgb certificate number 46 on behalf of co-defendant i (pt. propelat) is proof of rights which was issued earlier on february 11, 1993 than the land use rights certificate number 18 which published on november 11, 1998. whereas the hgb certificate number 46 has been sold by co-defendant i to the plaintiff/applicant for cassation in front of ppat so that it is true that the plaintiff/applicant for cassation is the legal owner of the object. that from the legal facts above, the applicant for the cassation purchased the land in good faith and in accordance with the terms of the sale and purchase agreement which was regulated in accordance with the procedures in the pp. the registration of the land and the land was traded through ppat until the issuance of a certificate which was a form of juridical submission of the transfer of land rights. . on the other hand, the land office issues certificates of other rights for the siliwangi kodam, in this case both valid and authentic certificates. the supreme court is of the opinion that there are sufficient reasons to grant the cassation petitioner liem teddy and cancel the bandung high court decision number 399/pdt/2014/pt.bdg. dated november 11, 2014 which annulled the decision of the bandung district court number 336/pdt.g/2013/pn.bdg. dated may 19, 2014. the supreme court gave the following decisions: 1. granted the petition for cassation from the petitioner for cassation, liem teddy; 2. canceling the decision of the bandung high court number 399/pdt/2014/pt.bdg. dated november 11, 2014 which annulled the decision of the bandung district court number 336/pdt.g/2013/pn.bdg. may 19, 2014; in its legal considerations, the panel of judges is of the opinion that in assessing the validity of one of the 2 (two) authentic evidence of rights, the legal rule applies that the certificate of rights issued earlier is valid and has legal force. the legal consequence in this case is that the certificate that arises after the previous certificate has been issued with the name of a different right owner, then based on a court decision, the certificate issued afterwards is null and void and must be crossed out in the land book. so the second certificate holder is not entitled to own the object of the land rights and is obliged to return the certificate to the national land agency so that it is not http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 339 misused. the case of the dual certificates made the national land agency to be more careful with the issuance of land rights certificates so that they would no longer make mistakes. 4. conclusion land registration is the spearhead of the basic agrarian law, through land registration, legal certainty will be obtained regarding physical data and juridical data from a land. land registration continues to be carried out by the government with the assistance of ppat and other parties. land that has been registered will become a new right in accordance with the loga and a certificate will be issued as strong and complete evidence. agrarian disputes cannot be denied and it is the duty of bpn to correct data on land. land disputes can be in the form of multiple certificates that have been issued by the land office and both certificates are valid and authentic certificates. the validity of one of the 2 (two) authentic evidence of rights, then the legal rule applies that the certificate of rights issued earlier is valid and has legal force. suggestions it is advisable for the old right holder to immediately take care of the old right he has into the new right which is stated in the certificate issued by the local land office. ppat who will assist the land registration process should check and attach the original certificate to protect the interests of the seller and buyer in transferring land rights, ppat should request a letter stating that the land being traded is not a regional or state asset from the local government agency. it is expected that bpn will exercise caution in issuing certificates, especially in issuing certificates for government agencies. references harsono, boedi (2007), indonesian agrarian law, history of the formation of basic agrarian laws, content and implementation, jakarta: djambatan j. andi hartanto (2014), land law characteristics of sale and purchase of land whose land rights have not been registered, surabaya : laksbang justitia. lestari, s. e. (2014). penyelesaian sengketa kewenangan antar lembaga negara oleh mahkamah konstitusi. dih: jurnal ilmu hukum, 10(19). murad, rusmadi (1991), legal dispute resolution on land, bandung : alumni publisher. salim (2012), mining dispute settlement law in indonesia, mataram:reka cipta pustaka. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 340 setiabudi, jayadi (2012), procedures for managing home land and all permits, jakarta: jagakarsa. syarief, elza (2012), resolving land disputes, jakarta: gramedia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 187 online and conventional transportation policy in indonesia (analysis of equitable policy alternatives for community welfare) m. afif hasbullah, nisaul barokati seliro wangi faculty of law, darul ulum islamic university, lamongan e-mail: afif@unisda.ac.id,and nisa@unisda.ac.id abstract online transportation in the period of the fourth industrial revolution provides convenience and accessibility, but it also causes social conflicts with conventional transportation such as motorcycle taxis, taxis, and public transportation. this study investigated the regulation of online and conventional transportation in indonesia using a community-based approach. the study concluded that the government lacked a good public policy development model other than the stimulus reaction. since policies were made after problems arose, they were considered ineffective. based on the analysis and scoring, possible alternatives were recommended for being implemented such as: online and conventional transportation business actors, conventional transportation stimulus towards online; and changes to regulations. 1. introduction the advances in information and communication technology has accelerated, and one of these advancements has reached the public transportation sector. the population growth in the city presented the challenges for government and public policy, particularly in the areas of land use and public transportation management. the use of application-based or online transportation in indonesia caused protests and disagreement among stakeholders in the transportation sector. the existence of online transportation seems to be a requirement of the 4.0 technology revolution, which seriously challenges conventional transportation that has operated the first. this innovation in online-based transportation gained widespread attention. the people are so enthusiastic in the convenience features offered by online transportation services, as well as other features that nourish online transportation application customers. online transportation companies including go-jek, grab, uber, and maxim began to operate in indonesia gave direct impact for business operators and existing conventional transportation actors especially on drastic income lost. the drastically reduced income happened because online transportation operated not only in big cities, but also expanded their business to almost all regions in indonesia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ mailto:afif@unisda.ac.id ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 188 the presence of online transportation in various regions also has an impact, since it facilitates access to transportation services with numerous features. the online transportation causes social conflicts with conventional transportation like motorcycle taxis and public transportation. the conflicts which occurred were protests and strikes by conventional transport employees, road blockades and even severe physical violence and demonstrations damaging public facilities, etc. this continued, of course, to anarchic actions which threatened public peace. the government has established laws through the ministry of transportation to limit and lessen community polemics, such as providing new online taxi regulations as a replacement for the old rules that were rejected by the supreme court (ma). the regulation of the minister of transportation number 26 year 2017 on the implementation of transport of people with public vehicles not in route (pm 26) which replaces the regulation of the minister of transportation number 26 of 2017 concerning the implementation of the transportation of people with public motorized vehicles not on the route (pm 26). regulation no. 108 of the minister of transportation on the services required of online taxi drivers, which include: mandatory motor vehicle inspection, tariffs must be listed in the application, vehicle use must go through an order, operate in predetermined operating areas, and meet minimum service standards, rules on tariff upper and lower limits, and stickers on online taxi vehicles. regulation no. 108 of the minister of transportation on the services required of online taxi drivers, which include: mandatory motor vehicle inspection, tariffs must be listed in the application, vehicle use must go through an order, operate in predetermined operating areas, and meet minimum service standards, rules on tariff upper and lower limits, and stickers on online taxi vehicles. additionally, regulation of transportation minister no. 108 regulates quotas, operation regions, and type test registration certification (srut), as well as regulating online taxi application service operators. however, there was still a lot of opposition to this regulation so that it appeared to cause new problems. government policies continue to be considered restrictive for online transportation, for example. if you want to continue operating, there were many restrictions that need to be respected. furthermore, the application partner drivers and http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 189 conventional transportation entrepreneurs object, resulting in an overlapping policy that is disadvantageous to the industry. in addition, application partner drivers and conventional transportation companies objected to the status of application providers because it was not a category of transport companies that obey with the ministry of transportation policy, but the ministry of communications, hence this became an overlapping policy resulting to society's disadvantages. literature review 1. public policy according to thomas r. dye, cited by howlett (2011), public policy is anything that a government decides to do or not to do. that any action taken by the government, whether explicit or implicit, is policy. meanwhile, james e anderson, as cited by islamy (2009: 17), defines policy as "a purposeful course of action taken by an actor or group of actors in dealing with a problem or matter of concern," i.e., a series of actions taken by and carried out by an actor or group of actors with the commitment of resolving a specific problem. according to mustopadidjaja (2020), public policy is a choice made to resolve specific issues, conduct out specific activities, or accomplish certain goals through the use of authorized institutions within the context of state administration and development. public policy must be formulated, and it is the primary responsibility of echelon one and echelon two officials to formulate this public policy. policy discussions are inseparable from the linkages between the interests of both governmental and society-wide groups (popoola, 2016). syafie (1992:54) harold in laswell astorga & facio, (2009), "the intellectual decision-making task includes explaining goals, describing trends, analyzing circumstances, forecasting for future development and research, evaluation and research, and selecting options." lasswell argued that policy is a decision-making intellectual task that involves a variety of activities: explaining the policy's objectives, outlining the tendency to choose several objectives that are appropriate to situation and condition, developing the impact and performance of future policies, and conducting research and evaluation. 2. stages in the formulation of public policy http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 190 public policy can be easily understood by examining the stages of policy making, which will indicate dynamics at each level. according to dunn (2015), the policy process/stages are as follows: a. setting the agenda policy or public issues will be evaluated and prioritized before being added to the policy agenda. at this stage, some issues may remain unsolved while others are listed for discussion, or there may be issues that have been postponed for an extended period of time for various reasons. b. formulating the policy policymakers then address issues that have made it onto the policy agenda. these problems are defined in order to formulate the optimal solution. the solution to this problem is provided by a variety of alternative policies or policy options (policy alternatives/policy options). c. adopting the policy among the numerous policy possibilities proposed by policymakers, one was ultimately chosen to be approved as public policy. policy objectives, policy programs, and the allocation of policy funding have all been established throughout the policy adoption process, among other things. d. phase of policy implementation implementation can be defined in terms of a process, an output, and a result. policy implementation is the process of putting policies into effect (at both the national and local levels) through one or a series of programs or projects with regulatory implications and the allocation of specific resources to achieve the intended result. e. evaluating policies this stage assesses or evaluates the policies that have been implemented to determine their effectiveness in achieving the anticipated impact, namely resolving community problems. as a result, the measurements or criteria that serve as the basis for determining whether or not enacted public policies accomplished the anticipated impact or objectives. 3. online transportation http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 191 in 2014, online transportation services, widely known as ride sharing applications, exploded in indonesia, pioneered by the uber app and followed by online-based applications such as go-jek, grabbike, grabtaxi, uber, maxim, and others. in the online-based transportation service mechanism, there are three parties: a. application provider (electronic system operator) the operation of an electronic system, according to article 1 paragraph (6) of the electronic information and transaction law, is the usage of an electronic system by state administrators, people, businesses, and/or the general public. providers of electronic systems that serve as liaisons between vehicle drivers and service consumers, which is a key component in the development of online application-based transportation services, are known as online transportation service application providers. the application providers have a key role in the success of online application-based transportation service systems, because application service providers are the liaison between supply and demand, which include: application providers as well as application companies, drivers, and users of online transportation services. b. driver the driver is an individual who stands alone as the owner of the vehicle or in charge of the vehicle used. drivers use an application that has been provided by an online application provider company to get orders (orders received will include the destination address, name, mobile number and photo of the service user). after the driver gets all the data of service users in the application that can be seen from a driver's smartphone, the driver will go to the place where the order for the transportation service is located. the drivers are obligated to provide security, safety, and comfort. given the fact that road traffic safety involves a large number of agencies and stakeholders (stakeholders), coordination of all stakeholders is necessary to ensure that the proper management is integrated, effective, efficient, and targeted, as required by article 203 paragraph (1) of the traffic law and road transport. c. user of transportation services (consumer) the users of online application-based transportation services are typically individuals who require transportation that is quick, safe, comfortable, and affordable. users of this online application-based transportation service must first download and install the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 192 transportation service application on their smartphone, which must be connected to the internet network, and then register for services by filling out personal information that will be received and processed by the online transportation service company's server. 4. previous study in their paper, azzuhri et al., (2018) describe gojek's influence on the formulation of laws and regulations. the results showed that gojek could improve the economy and replace conventional transportation. in indonesia, gojek's uncontrolled operation has caused transportation conflicts. nugraha et al., (2020) revealed that the "conflict between conventional and online transportation drivers has created physical and psychological victims. this study's purpose was to explore the causes of conflict. the results demonstrated that the conflict developed due to the changing from conventional to online transportation in bandung. furthermore, two forms of conflict that occur among transportation drivers are realistic and non-realistic conflicts. the cause of the conflict is the struggle for economic resources (passengers), and the trigger factors are the lack of communication and coordination between drivers, the government's delay in making regulations, and there is no solution to the problems that occur from online transportation management. furthermore, ambarwati et al., (2019) conducted research in response to the occurrence of social issues between online and conventional transportation. some countries have rules and regulations to govern online transportation, whereas others have not. indonesia was in a similar situation. on the one hand, online transportation creates new jobs, but also it contributed to traffic volume and threatens the survival of conventional public transportation. this study was carried out to determine public opinion on the continued use of online transportation. this study used an information systems (is) model to understand the context of continuance. the results showed that the is model could be used in public administration research because most of the items were valid and reliable. another significant finding was that government regulation was a reliable predictor of people's willingness to use online transportation. the government should adopt policies to regulate online transportation, according to this report, with a balanced contribution to economic growth and social stability. 2. research methods http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 193 the method used in this research is qualitative which departs from a descriptive analysis approach. in determining the informants, purposive sampling was carried out with the gojek driver criteria. this research was carried out in several steps, namely, collecting data, analyzing data, and testing the validity of the data. the data collection carried out in this study was also carried out by participatory observation, where the researcher was directly involved in the object of research so that it could more clearly see the differences and changes that occurred in the object being studied. 3. result and discussion the process of policy formulation plays an important role because it determines policy boundaries at this stage. the formulation of policy is a difficult process. good policy formulation will determine the success of the policy implementation. the policy formulation is an important stage according to nugroho, (2020), policy formulation is an important stage because at this stage policy boundaries are formulated, both concerning time resources, human resource capabilities, institutions, and funds or budgets. even though it has been approved, this does not mean that the policy's formulation is free from problems. however, the government's policies regulating online transportation, the reality of the matter kept creating several problems and even resulted in rejection. the following are the policy stages related to online transportation arrangements: a. setting the agenda public issues that should be on the policy agenda include certain issues and are considered important. issues related to the safety and survival of the wider community are one of the criteria to be included in the policy agenda. the business competition is really common nowdays. in the current era of globalization, everything uses sophistication or technology to make it easier for humans to carry out various kinds of existing activities, including the transportation sector. there has been competition between conventional and online transportation in recent years, especially since the development of the online transportation. the competition between these two modes of transportation resulted in anarchic behavior, because conventional transportation providers believed that they have lost clients and income when people started to use online transportation systems. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 194 the first reported incident occurred on october 3, 2015, when online motorcycle taxis and conventional motorcycle taxis collided on the campus of the university of indonesia (ui). the incident began when the go-jek driver was suddenly attacked by a driver assumed to be an ojek driver after dropping passengers inside ui campus. as a result of the incident, several of the victim's colleagues took wide actions against the motorcycle camp. the conflict continued and eventually extended to other places around indonesia. thousands of taxi and city transportation drivers in jakarta demonstrated against online transportation. on october 26, 2016, a brawl between motorcycle at camp and online driver occurred on jalan salemba. another case that was caught on cctv and widely circulated on social media was that an online motorcycle driver was hit by a city transportation driver 03 in front of the tangerang btn building. the incident coincided with a demonstration that was marked by a sweeping action by a tangerang city transportation driver against online transportation. in response to this occurrence, online motorcycle drivers formed a convoy on many tangerang routes, causing damage to several local transportation systems. apart from these incidents, further incidents occurred in a number of cities. as evidenced by the numerous examples that occurred throughout indonesia, the government, as the regulator, must take effective steps to establish a conducive environment in the society. this is the stage at which the government, through the ministry of transportation and other stakeholders, identifies problems and then discusses and resolves them. b. policy formulation in policy formulation, the government is required to be able to develop options or alternatives to solve problems that occur between conventional transportation and online transportation. the question is, is it true that the presence of online transportation seizes the land of conventional transportation businesses? has online transportation that provides convenience in transportation guarantees the security and safety of the public as users of these services? according to data obtained from the indonesian consumers foundation's official website (accessed february 12, 2018), a poll performed on april 5-16, 2017 and comprising 4,668 (four thousand six hundred sixty eight) respondents, respondents prefer http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 195 online transportation to conventional transportation. as many as 55% prefer online transportation modes such as motorcycles and cars, whereas 21% prefer conventional modes such as motorcycles and 24% prefer car. additional data on why people prefer or utilize online transportation in general assume that online transportation is less expensive (84.1 percent) and faster (81.9 percent). diagram1. consumers’ reason to choose online transportation as illustrated in the diagram above, the majority of consumers considered on the pricing factor. respondents believed that online transportation was less expensive than traditional transportataion. in the s econd, consumers preferred online transportation due to its speed. additionally, the third and fourth ranks provided a comfortable and secure level of service. furthermore, the diagram below illustrates consumers' belief that online transportation services are superior to conventional transportation. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 196 diagram 2. consumer perceptions of online transportation services according to the diagram above, it showed that consumers' perception on online transportation services was very good (77.7 %), followed by good category (21.8 %), and bad (0.4 %), and very bad (0.1 % ). as illustrated in the diagram above, online transportation is in high demand by the people due to its offerings. although transportation got a positive assessment from the people, it did not mean that consumers have never felt disappointed with the services provided. if elaborated, the form of consumer disappointment or complaints against online transportation services was divided into two types, namely those related to technology applications and human resources (drivers). of the two types of disappointment was very diverse. there were 13 kinds of complaints experienced by consumers, including: table 1. consumer disappointment no consumer disappointment score percentage 1 driver asks to cancel 1041 22.3 2 hard to get a driver 989 21.19 3 driver cancels unilaterally 757 16.22 4 applicationmap is broken/error 612 13.11 5 the number plate is not the same as the vehicle being brought 563 12.06 6 driver not coming 296 6.34 7 the condition of the vehicle is not good 282 6.04 8 drivers are not honest with consumers 235 5.03 9 the driver starts the journey before meeting the customer 232 4.97 10 reckless driver 221 4.73 11 the vehicle smells of cigarette smoke 215 4.61 12 driver doesn't want to be notified 135 2.89 13 driver smoking while driving 35 0.75 the number of consumer complaints against online transportation companies showed that first, there was no measurable minimum service standard for online transportation operators. as a result, the driver in one operator was not the same as the other in terms of offering services to customers. second, online transport companies did not have complaint management mechanism, as required by consumer protection law no. 8 of 1999, which states that consumers have the right to have their complaints about the usage of goods/services heard (article 4). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 197 the government, together with other stakeholders such as online transportation regulators and other transportation groups, have collaborated to discuss the policy formulation process that would control online transportation based on the various phenomena that occur. several aspects of substance are considered in the preparation of online transportation policies during the deliberative stage, including (1) aspects of safety and security, (2) aspects of equality, business continuity, consumer protection, and national interests, ( 3) aspects of community needs, and (4) aspects of maintaining a congenial environment. some of these factors are taken into account by the government when formulating rules to regulate online transportation. adopting the policy the policy adoption stage is the stage to determine policy choices through stakeholder support. this stage is carried out after the process of identifying policy alternatives, identifying criteria for alternatives to be recommended, and evaluating these alternatives using relevant criteria so that the positive effects of the policy alternatives are greater than the negative effects. mustopadidjaja (2020) describes 7 (seven) stages or steps that need to be carried out in conducting policy analysis, as follows: (1) problem assessment is the process of identifying and comprehending the nature of a problem and then formulating it in terms of causal relationships. (2) setting the goal is the result that we consciously want to achieve or want to avoid. in general, a policy always aims to achieve as good as possible or prevent the occurrence of bad or harm. (3) formulation of policy alternatives; is a collection of strategies for achieving the organization's goals and objectives. alternative development is based on the following: (a) observing existing policies and progressively improving them; (b) analyzing one policy in another field and attempting to apply it to the field under study; and (c) is the result of an assessment of a specific problem. and (c) is the result of an assessment of a specific problem. (4) modeling; simplification of the problem's reality as expressed in a causal or functional relationship. models can take on a variety of shapes, which are categorized as follows: schematic models (such as flow charts and diagrams), physical models such as miniatures, game models (such as management exercises), http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 198 and models will be useful in predicting the consequences arising from the presence or absence of changes. in the causative factor. (5) determination of alternative selection criteria; in order to select public policy alternatives, specific parameters or criteria must be established that can produce meaningful results for policy formulation. one that is frequently utilized, as paul and savicky state in joko widodo (2006), is the following: (a) technical feasibility, an assessment criterion for determining the effectiveness of alternative policies in achieving the goals and targets established; (b) economic and financial feasibility, focusing on the cost-effectiveness and benefits of alternative policies; and (c) political liability, determining the extent to which each alternative policy has a political impact. (6) evaluation of policy alternatives; evaluated using agreed-upon criteria. the purpose of the evaluation is to gain a more complete picture of each alternative's efficacy and feasibility in achieving the objectives, in order to reach conclusions regarding which alternative is the most practical and effective. when evaluating policy choices, a likert scale score is assigned to each parameter. the results of the assessment of policy choices are then used to determine the "recommended policy" with the highest score. (7) recommendations; the alternative will provide an overview of a variety of feasible approaches for achieving the objective. the final step of policy analysis is to create mechanisms for achieving the objectives optimally under varied environmental, administrative, and economic situations. the government, through the ministry of transportation, as the ministry authorized to regulate and formulate policies related to online transportation, has enacted the regulations outlined in the regulation of the minister of transportation. starting with the regulation of the minister of transportation no. 32 of 2016, replaced by regulation no. 26 of 2017, but was rejected by the supreme court, then, the ministry of transportation revised to regulation no. 108 of 2017 concerning the implementation of transportation of people with public motorized vehicles not on routes, which was officially implemented as of february 1, 2018. in this policy, it has stipulated the obligations that must be obeyed http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 199 by online transportation drivers as well as legal clarity in order to ensure the safety and security of the passengers. there are ten substantive matters of special concern in pm no. 108 of 2017, namely: (1) the agrometer, which verifies that the amount of transportation costs is as stated on information technology-based application; (2) operational area, online taxi operates in the specified operating area; (3) tariff setting is determined based on an agreement between service users and transportation service providers through the application of information technology by referring to the upper and lower tariffs set by the director general of land transportation, and the head of the jabodetabek transportation management agency (bptj)/governor in accordance with their respective authorities; (4) vehicle registration certificate (stnk) in the name of a legal entity or may be on behalf of an individual for a legal entity in the form of a cooperative; (5) quotas are determined by the director general of land transportation/head of jabodetabek transportation management agency (bptj)/governor according to their respective authorities; (6) the motorized vehicle number must be in accordance with the operating area. (7) permit requirements: having a minimum of five (five) vehicles registered in the name of a legal entity or on behalf of an individual for a legal entity in the form of cooperation; (8) a copy of the vehicle type test registration certificate or a copy of valid test book/passing test card; (9) setting the applicator role, the application company is prohibited from acting as a public transport company; (10) the ministry of transportation regulates the requirement for special rental transportation to put stickers on the vehicle's front and rear windshields. this sticker contains the information on the operating area, the permit's validity period, the legal entity's name, and the background of the ministry of transportation symbol. the government hopes that with this regulation, conventional transportation will continue to exist alongside online transportation, and that it will be able to reduce conflicts http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 200 between the two modes of transportation, as the rules' content is not significantly different from the conventional transportation, thereby minimizing polemics. however, many online drivers broke the regulation no. 108 of 2017 during field implementation, particularly among online taxi drivers. online taxi drivers oppose to a variety of points, including quotas, the use of stickers, the usage of a particular driving license, and motor vehicle inspection test. this is the key issue for online drivers to seek government policies. online transportation has generated a tug-of-war between three parties: the government, the commercial sector, and the community. the policy alternatives based on patton et al., (2015) theory of policy alternatives, and particularly on technical feasibility, economic and financial feasibility, political feasibility, and administrative feasibility, it is possible to identify efforts to improve several policy alternatives, as described in table of policy alternative: table 2. alternative policy criteria policy alternatives educating the conventional transportation business actor stimulus to online transportation from conventional transportation law enforcement of online and conventional transportation business actors revision of the regulation fair low (1) medium (2) medium (2) high (3) profitable for the business actors medium (2) medium (2) high (3) medium (2) satisfactory service medium (2) high (3) high (3) medium (2) total score 5 7 8 7 based on the results of the policy alternatives that were assessed, it could be concluded as follows: first, with a score of 8, there must be government enforcement against online and conventional transportation business actors. law enforcement was essential because both digital and conventional transportation business actors frequently broke the law, but no action has been taken to punish abusers. with law enforcement, it is intended that each party's behavior would improve, allowing services to improve. when http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 201 consumers are satisfied, it has an impact on the profits of each business actor, and relative justice will increase. in the second ranking, there are two (two) policy alternative in the form of conventional transportation stimulus towards online and regulation revision. each of them got 7 on the score. even though the score is the same, the conventional transportation stimulus towards online on the fair criteria item got score of 2, while the revision of regulations got a score of 3. on the satisfactory service criterion, alternative conventional transportation stimulus policies toward online got a score of 3, whereas regulation revision got a score of 2. alternative option analysis essentially, the three policy alternatives with the highest scores in the category can be adopted if they are re-analyzed through the political, economic, technological, administrative, and social ethical components in the category. law enforcement is related to the first option. politically, society is in desperate need of law enforcement. it has been found that there is no substantial law enforcement when it comes to break the law perpetrated by drivers and commercial actors, both online and conventional. for example, the lower limit tariff rules are often disobeyed, the obligation to attach stickers for online drivers has not been implemented, and even many online transportations do not have the route permits. hence, the consumers certainly really need law enforcement. economically and financially, enforcing the law against drivers and business actors does not require a large amount of money. when law enforcement occurs and continues indefinitely, people will naturally become accustomed to it, such that the practice of obeying the law no longer costs money, given that it has become a habit. technically, the competent authorities already have sop (standard operational procedure), therefore only political will is needed to carry out law enforcement. the relevant officials from either the ministry of transportation, the ministry of communications and information, and the police necessarily do have to coordinate. administratively, the government must commit to improving the competitive conditions for online and conventional transportation. with the president's commitment to making business and providing public services easier, obtaining help from law enforcement agencies should not be a problem. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 202 there are some further notes regarding the polemic between conventional and online transportation. to begin, the government should reconsider regulation no. 108 of 2017, which regulates just the means of transportation for those who use taxi. this means that other sorts of online-based vehicles, such as online motorcycle, are not regulated. indeed, there are frequent conflicts in the area that result in anarchic behavior, most notably between online motorcycle taxis and conventional transportation. second, the government must establish a clear distinction between two-wheeled vehicles utilized for public transportation and those that are not. third, in developing this policy, the government, in collaboration with house of representatives, must review law no. 22 of 2009 on road traffic and transportation, and the government must coordinate with relevant ministries, to review online transportation as it is not only about transportation, but also about regulating the online transportation application system, which is the responsibility of the ministry of communication and information. fourth, conventional transportation business actors must be more sensitive to technological advancements and provide high-quality, attractive services. fifth, online transportation providers should comply to government regulations, including higher and lower limits pricing to maintain a healthy level of competition. choosing and determining the policy alternatives based on the previous analysis and scoring results, it is recommended that the three alternatives with the highest score should be implemented, namely: law enforcement of online and conventional transportation business actors, conventional transportation stimulus to online; and changes to regulations. 4. conclusion that the government has not developed an effective public policy or development model other than response stimulus. as a result, policies are developed following the occurrence of a problem, not prior to the occurrence of a problem. as a result, policies are developed that stutter or incapable of properly responding to situations. currently, the government does not perceive the benefit of multi-direction and multi-solution policies, as the existing belief is that "one problem" can be treated with "one answer." whereas, based on previous study and scoring results, it is recommended to implement the three alternatives with the highest scores, namely: law enforcement of http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 203 online and conventional transportation business actors, conventional transportation stimulus to online, and regulation changes. references ambarwati, o. c., nugroho, r. a., & suharto, d. g. (2019). the role of the government regulation in online transportation: a model validation. bisnis & birokrasi journal. https://doi.org/10.20476/jbb.v26i1.10115 astorga, c., & facio, m. (2009). ¿qué son y para qué sirven las políticas públicas? contribuciones a las ciencias sociales. azzuhri, a. a., syarafina, a., yoga, f. t., & amalia, r. (2018). a creative, innovative, and solutive transportation for indonesia with its setbacks and how to tackle them: a case study of the phenomenal gojek. review of integrative business and economics research. dunn, w. n. (2015). public policy analysis. routledge. howlett, m. (2011). michael howlett. policy studies. mustopadidjaja, m. (2020). reformasi hubungan kepemimpinn birokrasi dalam percepatan pelayanan publik. jurnal wacana kinerja: kajian praktis-akademis kinerja dan administrasi pelayanan publik, 10(2), 73–80. nugraha, a. m., sulaeman, m., & gunawan, w. (2020). social conflict between the drivers of conventional with online transportation in bandung. humanities & social sciences reviews. https://doi.org/10.18510/hssr.2020.8389 nugroho, r. (2020). public policy 6-edisi revisi. elex media komputindo. patton, c. v., sawicki, d. s., & clark, j. j. (2015). basic methods of policy analysis and planning. in basic methods of policy analysis and planning. https://doi.org/10.4324/9781315664736 popoola, o. o. (2016). actors in decision making and policy process. global journal of interdisciplinary social science. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 305 juridical review of chemical castration action in the perspective of criminal law and human rights aulya dwisudarini 1 , muridah isnawati* 2 1 faculty of law, muhammadiyah university of surabaya *2 law lecturer, muhammadiyah university of surabaya e-mail: 1 adwisudarini@gmail.com abstract children are a gift from god almighty must be maintained for their survival because children are the future and next generation of the nation. a state commits protecting the children's rights and ensuring children's welfare by issuing several laws and regulations accommodating all children's needs and rights. however, this have not reduce the case numbers of sexual violence against children yet, therefore, the government issued a new regulation, namely law number 17 of 2016 which regulates new sanctions for perpetrators of sexual violence and the addition of chemical castration. the purpose of this research is to find out the juridical review of chemical castration in the perspective of criminal law and human rights. the research method used in this research is normative jurisdiction using a law approach. the results of the study found that chemical castration is appropriate for perpetrators of sexual violence against children, because sexual violence against children is a serious, cruel crime. chemical castration does not violate human rights because it aims to normalize the hormones of pedophiles and the rehabilitation carried out by medical experts is aimed at enabling pedophiles to be normal human beings physically and mentally. keywords: action, castration, crime, human right 1. introduction children are the most beautiful gift from god that must be maintained for their survival. children are the nation's next generation and ideals future, which would continue national development in the future. therefore, the country must be committed to protecting children's rights and ensuring children's welfare. the country's commitment to protect children's rights and ensure the welfare of children is formulated in the constitution of the republic of indonesia of 1945 article 28b paragraph (2) which stated, "every child has the right to survive, grow and develop and has the right to for protection from violence and discrimination”. to ensure the implementation of these commitments, law number 39 of 1999 on human rights has been ratified which includes the rights of children, implementation of the obligations and responsibilities of parents, family, community, government, and the state to provide protection for children, as well as law number 23 of 2002 on child protection which has been amended by law number 35 of 2014 on amendments to law number 23 of 2002 of child protection. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 306 although children's rights and protection have been guaranteed by the country, the crime of sexual violence against children is still rampant in society. one of the cases of sexual violence against children that shocked the world was the case of sexual intercourse and yuyun's murdered. yuyun, 14 years old, was a student at smp negeri 5 padang ulak tanding, who was killed and sexually assaulted on her way home from school in kasie kasubun village, padang ulak tanding district, rejang lebong regency, bengkulu. yuyun was killed and raped by 14 people in turns. it should be noted that among the 14 perpetrators, four (4) of them are child perpetrators. (yuliardi hardjo putro, 2016). one month after her case, president joko widodo issued government regulation in lieu of law number 1 of 2016 on the second amendment to law number 23 of 2002 on child protection. according to president joko widodo, it is intended to respond to the urgency caused by sexual violence against children which is increasing significantly. (bbc news, 2016). the government regulation in lieu of law number 1 of 2016 was later ratified into law number 17 of 2016 on stipulation of government regulation in lieu of law number 1 of 2016 on the second amendment to law number 23 of 2002 on child protection. on december 7, 2020, president joko widodo issued government regulation number 70 of 2020 on the procedures for the implementation of chemical castration, installation of electronic detection devices, rehabilitation, and announcement of the identity of perpetrators of sexual violence against children. the chemical castration stage begins with a clinical assessment carried out by a team consisting of officers who have competence in medicine and psychiatry. the clinical assessment consists of clinical and psychiatric interviews, physical examination, and supporting examinations. the medical and psychiatry team then concludes the results of the clinical assessment to determine whether the perpetrator is eligible or not to be subjected to chemical castration. this conclusion is then presented to the attorney general. if the results of the clinical assessment state that the perpetrator deserves chemical castration, then within a period of no later than 7 (seven) days from the receipt of the conclusion, the prosecutor commands the doctor to carry out chemical castration against the perpetrators of sexual violence against children. chemical castration is carried out in a government-owned hospital or a designated hospital after the convict has finished serving the main sentence. (fitria chusna farisa, 2021). the enactment of law number 17 of 2016 on the stipulation of government regulation in lieu of law number 1 of 2016 and government regulation number 70 of 2020 on the procedures for implementing chemical castration measures, installation of electronic detection devices, rehabilitation and announcement of the identity of perpetrators of sexual violence against children, pros and cons emerged in the community, especially from the indonesian doctors association and the national human rights commission of the republic of indonesia. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 307 the indonesian doctors association decided to find a way out for the issuance of these 2 (two) laws and regulations. according to the general chair of the indonesian doctors association, daeng m. faqih, chemical castration is a form of punishment, not a medical service. in accordance with government regulation number 70 of 2020, if a doctor becomes the executor of chemical castration, it could be considered a violation of the doctor's oath and the indonesian medical code of ethics. (cnn indonesia, 2021b). the chemical castration also received controversy from the national human rights commission of the republic of indonesia. according to the national human rights commission of the republic of indonesia, chemical castration from the perspective of human rights is contrary to its rights and considered as human rights’ robbed. the people in question is convicted of sexual violence against children. according to beka ulung hapsara, commissioner for education and counseling of the indonesian national human rights commission, it is against chemical castration since chemical castration is kind of torture and against human rights. (komnas ham ri, 2021). the chemical castration action regulated in law no. 17 of 2016 and government regulation no. 70 of 2020 is still getting pros and cons, especially from the indonesian doctors association and the indonesian national human rights commission. according to the author, chemical castration is an interesting thing to be studied, researched, and the results of the research are written. based on the description above, the authors are interested in researching and presenting the results of research on chemical castration in the form of a journal with the title: juridical review of chemical castration action in the perspective of criminal law and human rights. the problem formulation in the journal entitled juridical review of chemical castration action in the perspective of criminal law and human rights are: 1. what is the juridical review of chemical castration action in the perspective of criminal law? 2. what is the juridical review of chemical castration action in the perspective of human rights? the objectives to be achieved in this research journal, entitled juridical review of chemical castration action in the perspective of criminal law and human rights are: 1. to understand the juridical review of chemical castration action in the perspective of criminal law. 2. to understand the juridical review of chemical castration action in the perspective of human rights. the research method used in this research journal is normative juridical using a statute approach. the normative juridical method is a research technique or procedure that is guided by http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 308 several legal principles, legal rules, and legal principles relating to the substance of general and specific laws and regulations. (mochamad djunaedi, 2020)a statutory approach is an approach using legislation and regulations. the statute approach is carried out by reviewing all laws and regulations related to the legal issues being handled. the results of the study are an argument for solving the issues encountered. (peter mahmud marzuki, 2017) 2. results and discussion juridical review of chemical castration action in criminal law perspective definition of criminal law law is often understood as a set of rules made by the government and binds its citizens to the mechanism of the existence of sanctions as coercion to enforce the law. the government has the right to enforce sanctions against acts that violate the law where the perpetrator is declared guilty by a court that has permanent legal force. (teguh prasetyo, 2010). the meaning of the term criminal law comes from the netherlands. it is namely straafrecht, straaf. it means sanctions, criminal, punishment, while recht means law. according to a european legal expert, pompe, who stated that criminal law is the entire set of legal provisions regarding punishable acts and their criminal rules. (muridah isnawati, 2018) according to didik endro purwoleksono, the term criminal is not the same as punishment. punishment concerns civil, administrative and disciplinary matters. based on the views of muladi and barda nawawi arief in their book "theories of criminal policy", conclude that the characteristics of a criminal are (didik endro purwoleksono, 2014) : a. in essence it is an imposition of suffering or misery and suffering or other unpleasant consequences. b. the punishment was given intentionally by the authority or the entitled institution. c. the punishment is imposed on a person who has committed a crime according to the law. definition of action (maatregel) actions (maatregel) include sanctions in criminal law. there is no term maatregel (action) in the criminal code. the actions intended to secure society and improve makers, such as forced education, forced treatment, admission to mental hospitals, and hand over to the parents. (andi hamzah, 2014). the development of modern law recognizes the double-track system. it means the separation between criminal sanctions and action sanctions. the development of the legal system is what introduces action (maatregel) as another alternative to the main punishment, especially imprisonment. this happens due to the distrust of using “jail” for punishment/sanction. (gita santika, 2012). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 309 in the concept of the criminal code, actions are divided into two. there are actions given to whom are not able to take responsibility and whom are able to take responsibility imposed with the main criminal. actions for people who are unable to take responsibility are: a. treatment in mental hospitals; b. submission to the government; or c. hand over to someone. there are actions for whom are capable of being responsible imposed with the main criminal (gita santika, 2012) a. revocation of driving license; b. deprivation of profits derived from criminal acts; c. repairs due to criminal acts; d. job training; e. rehabilitation; and/or f. care in the institution. chemical castration actions in criminal perspective sexual violence against children is increasing significantly day by day. it could threaten and endanger the children's lives, personal lives damage, and children's development, as well as the comfortability, peace, security, and public order harassment. thus, it is appropriate if the government mentions that sexual violence against children is a crime against children (serious crimes). perceiving the sexual violence against children is increasing from time to time and the criminal sanctions imposed on perpetrators of sexual violence against children have not provided a deterrent effect and have not been able to comprehensively prevent the occurrence of sexual violence against children. therefore, the government passed law number 17 of 2016 on the stipulation of government regulation in lieu of law number 1 of 2016 on the second amendment to law number 23 of 2002 concerning child protection, which contains provisions that perpetrators of sexual violence against children in addition to being subject to a basic crime can also be subject to chemical castration. chemical castration is an action carried out by injecting an anti-androgen (anti-testosterone) drug to perpetrators of sexual violence against children. provisions regarding chemical castration are contained in article 81 and article 81 a of law number 17 of 2016. there are the provisions for the chemical castration application as contained in article 81 and article 81 a of law number 17 of 2016: 1. applied to perpetrators who have been convicted for committing a criminal act of violence or threats of violence forcing a child to have intercourse with him/her or with another person (residive). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 310 2. in the event that the criminal act as referred to in article 76d of law number 35 of 2014, causes more than one victim, serious injury, mental disorder, infectious disease, impaired or lost reproductive function, and/or the victim dies world. 3. the action of chemical castration should be decided together with the main punishment by specifying the period of action's execution. 4. additional penalties and actions are excluded for child offenders. 5. the act of chemical castration is imposed for a maximum period of two years and is carried out after the convict has served the principal sentence. 6. the implementation of chemical castration is under periodic supervision by the ministry that carries out government affairs in the fields of law, social and health. 7. the implementation of chemical castration is accompanied by rehabilitation. 8. further provisions regarding procedures for the implementation of chemical castration and rehabilitation are regulated in a government regulation. a criminal expert at the faculty of law, airlangga university, amira paripurna, believes that chemical castration is included in the category of anticipatory action sanctions to provide assistance so that the perpetrators of criminal acts could change better. chemical castration should be carried out as a means of repairing the sexual desires of perpetrators of sexual violence against children to suppress sexual urges or criminal acts of sexual violence against children and not as a form of torture, but as an effort to recover from sexual disorders. according to amira, chemical castration has three purposes of punishment based on the combination of theoretical perspective. (andi hamzah, 2014)the three objectives are (nikmatus sholikhah, 2021): 1. as a form of retaliation to the perpetrator as a result of the crime of sexual violence against children committed. 2. as a form of deterrence, providing a sense of security and order in society. 3. to restore sexual disorders suffered by the perpetrator. according to the professor of criminal law at the faculty of law, airlangga university, didik endro purwoleksono, chemical castration based on law number 17 of 2016 is very effective and could be imposed. this means if not every perpetrator of violence or perpetrators who use threats of violence to force children to have intercourse with her/him or other people could be subjected to chemical castration. this means that the government is serious about handling violent crimes whose victims are children, without compromising human rights. (didik endro purwoleksono, 2019). in article 81 paragraph (7) of law number 17 the year 2016, it is explicitly stated, "against the perpetrators as referred to in paragraph (4) and paragraph (5) might be subjected to action of chemical castration and installation of electronic detection devices". then, it shows some of the following: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 311 1. chemical castration is not mandatory. it is left to the assembly of judges to decide whether or not to impose or be an alternative. 2. the task of the judges is to enforce the law and uphold justice. the meaning of the sentence above is that the judge enforces the law, meaning that the judge is obliged to decide the case submitted to him, regardless of who is the perpetrator of the crime (equality before the law). the duty of the judge to uphold justice has consequences. the judge must consider mitigating and aggravating matters from the actions of the perpetrators of criminal acts (case by case). thus, according to the judge's consideration, chemical castration needs to be imposed since it is the consequences of the accused perpetrator’s action of violence or the defendant who uses the threat of violence to force the child having intercourse with him or with other people. it is legal if the judge makes a decision in the form of the chemical castration. (didik endro purwoleksono, 2019) davide cito stated “although the abuse of minors by a cleric is a particularly odious and very serious crime, it is certainly not the only crime contained in the delicta graviora. however, recent events have made this particular type of crime the driving force of reform, and in a sense, the central point in the holy see’s. (davide cito, 2011). current penal legal system”. sexual violence against children is qualified as a graviora delicta or a serious, violent crime, as children are very vulnerable to being victims of crime and therefore must be given protection. children as victims of sexual violence are affected tremendously, especially on their psychological development in the future, as a result of depression and shame. according to edward omar sharif hiariej, professor of criminal law, faculty of law, gadjah mada university, chemical castration for perpetrators of sexual violence against children is an appropriate punishment. besides the perpetrators being unable to repeat their actions, at the same time chemical castration could become general prevention or efforts to prevent others from committing the same crime. (edward omar sharif hiariej, 2021) the imposition of chemical castration follows the main punishment. this shows that chemical castration is not imposed independently. in other words, the defendant could not only be sentenced to chemical castration without imprisonment. the act of chemical castration is imposed for a maximum period of two years and carried out after the convict has served the principal sentence. this shows that chemical castration is not permanent. thus, after the convict has finished undergoing chemical castration, it could still be restored to its original condition. (didik endro purwoleksono, 2019) juridical review of chemical castration actions in human rights perspective (ham) the definition of human rights actually does not have a rigid norm that defines it as an interpretation of the meaning of human rights. however, according to the united nations human http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 312 rights office of the high commission defines human rights as, “human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. we are all equally entitled to our human rights without discrimination. these rights are all interrelated, interdependent and indivisible”. (satria unggul wicaksana prakasa, 2017) human rights are a moral concept in the life of society and community. its concept does not bear instantly and comprehensively. human rights are born gradually and over time in the dynamics of human history. as a moral concept of human rights that is built and developed empirically in the life and interests of social life community. (levina yustitianingtyas, 2016) human rights are a material that is very attached to the essence and human life. the history of human rights could be traced to the beginning of the story of humans in their social life in this world. it is when they began to realize their position as legal subjects. however, according to science, the history of human rights only grows and develops when human rights are maintained and fought for by humans against attacks or dangers arising from the power possessed by the formation of society called nation. hence, essentially the issue of human rights revolves around the relationship between individuals and society. (nur hafizal hasanah dan eko soponyono, 2018) chemical castration actions in human rights the number of cases of sexual violence against children has made the government understand if the problem of sexual crimes against children has reached an extraordinary point and extraordinary steps need to be taken to overcome this problem. therefore, in the year of 2016 the government issued law number 17 of 2016 of the stipulation of a substitute government regulation. law number 1 of 2016 about the second amendment to law number 23 of 2002 about child protection. whereas in order to provide a deterrent effect on perpetrators of sexual violence against children, the law is added to provisions regarding chemical castration as contained in article 81 paragraph (7), “the perpetrators as referred to in paragraph (4) and paragraph (5) might be subject to action in the form of chemical castration and installation of electronic detection devices”. chemical castration is the act of giving pills or injections of antiandrogen hormones. according to the head of the andrology and sexology section of the faculty of medicine, udayana university, denpasar, wimpie pangkahila, antiandrogen hormones are anti-male hormones. giving antiandrogen drugs would make men lack testosterone so they don't have a sex drive. antiandrogen drugs will have the same effect as physical castration. the administration of antiandrogen hormones also has an impact on physical health. the effects are reduced muscle tone, increased fat, resulting in reduced enthusiasm for life and enthusiasm for life, and cause bone http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 313 loss in the long term. however, giving antiandrogen drugs would not have the effect that a man would become feminine. (dian maharani, 2015) indonesia is not the first country to apply chemical castration to perpetrators of sexual violence against children. based on world rape statistics data or world statistics on cases of sexual intercourse in the world, there are 20 countries that impose chemical castration sanctions (cnn indonesia, 2021a) : 1. england (enacted in 1950); 2. united states of america (enacted in 1996); 3. poland (enacted in 2009) 4. argentina (enacted in 2010, chemical castration is carried out voluntarily by perpetrators of sexual intercourse as a substitute for reduced sentences); 5. south korea (enacted in 2011); 6. russia (enacted in 2011) 7. moldova (enacted in 2012, but in 2013 the regulation was repealed on grounds of human rights violations); 8. kazakhstan (entered into force in 2018); 9. ukraine (entered into force in july 2019); 10. pakistan (enforced in 2020 for perpetrators of sexual intercourse and recidivist cases of sexual intercourse); 11. estonia (unknown enacted year); 12. israel (unknown enacted year); 13. australia (unknown enacted year); 14. united arab emirates (unknown enacted year); 15. czech republic (unknown enacted year); 16. france (unknown enacted year); 17. poland (unknown enacted year); 18. macedonia (unknown enacted year); 19. belgium (unknown enacted year); 20. turkey (unknown enacted year); the chemical castration, which has a long-term adverse effect on the body. many people oppose it, especially the human rights activists. the national human rights commission of the republic of indonesia is the one who oppose chemical castration since chemical castration is implied in torture and contrary to human rights. beka ulung hapsara, commissioner for education and counseling of the indonesian national human rights commission, stated in article 28g paragraph (2) of the 1945 constitution, "everyone has the right to be free from torture or treatment http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 314 that degrades human dignity and has the right to obtain political asylum from another country". the purpose of article 28g paragraph (2) of the 1945 constitution is not to justify the existence of indonesian who are subjected to torture, and/or acts that are inhumane and demeaning human dignity or citizens. in addition, article 33 paragraph (1) of law number 39 of 1999 on human rights stated, "everyone has the right to be free from torture, punishment or cruel, inhuman, degrading and degrading treatment of humanity”. the national human rights commission of the republic of indonesia recommends to the government if the use of chemical castration might be very selective and limited, and should go through a strict screening process. (komnas ham ri, 2021) indria fernida, a human rights activist who works as thematic program coordinator at asia justice and rights (ajar) indonesia, argues that chemical castration is a violation of international human rights law as a form of torture, and other cruel, inhuman, or degrading treatment or punishment, or degrading human dignity and violating the right to life. the provision on chemical castration is a step backward for the indonesian government which has ratified the international covenant on civil and political rights. (institute for criminal justice reform (icjr), 2012b). in 2005 and the international convention against torture and other cruel, inhuman or degrading treatment or punishment in 1998. (institute for criminal justice reform (icjr), 2012a). as a nation party, the indonesian government must comply with the implementation of these two human rights instruments. (indria fernida, 2016) if human rights activists stated that chemical castration is a form of torture that is contrary to human rights, then criminal law experts have a different opinion. amira paripurna, a criminal law expert at the faculty of law, universitas airlangga, stated that chemical castration is not against human rights. before the perpetrator is subjected to chemical castration, a clinical assessment should have done to provide a diagnosis regarding the offender could have sexual intercourse with a child subject to chemical castration. clinical assessment is regulated in article 7 paragraph (2) of government regulation number 70 of 2020 on procedures for implementing chemical castration, installation of electronic detection devices, rehabilitation and announcement of the identity of perpetrators of sexual violence against children, which says “clinical assessment as referred to in paragraph (1) include: a. clinical and psychiatric interviews; b. physical examination; and c. supporting investigation”. the following is an understanding of clinical interviews, psychiatric interviews, physical examinations, and supporting examinations: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 315 a. clinical interview is a process to obtain information about the physical health condition and mental health of the perpetrator for the purpose of preliminary/interim clinical decisions regarding the convict's health problems. b. psychiatric interview is an interview technique to assess the mentality of the convict in the form of structured or unstructured questions without the help of tools. c. physical examination is a process to determine if there are physical abnormalities of the convict. d. supportive examination is a series of medical examination processes for certain indications in order to obtain complete medical conclusions. chemical castration is carried out in the stage of psychiatric medical treatment that has gone through a medical assessment, then it is considered as a rehabilitation of the perpetrator and does not conflict with human rights. as the psychiatric treatment is an action that is carried out based on the human aspect to treat sexual disorders suffered by the perpetrator. (nikmatus sholikhah, 2021). after the implementation of chemical castration on perpetrators of sexual intercourse with children, in the next 3 (three) months, rehabilitation would be carried out. in accordance with article 19 paragraph (1) government regulation number 70 of 2020 stated that, "rehabilitation as referred to in article 18 paragraph (1) begins to be given no later than 3 (three) months after the implementation of chemical castration”. in article 18 paragraph (1) of government regulation number 70 of 2020 it is stated that, "rehabilitation is given to perpetrators of sexual intercourse who are subject to chemical castration in the form of: a. psychiatric rehabilitation; b. social rehabilitation; and c. medic rehabilitation”. rehabilitation is an effort to restore physical, psychological, social, and spiritual conditions to perpetrators so that they are able to carry out normal daily life activities, while the meanings of psychiatric rehabilitation, social rehabilitation, and medical rehabilitation, are: a. psychiatric rehabilitation is an effort to restore mental health and improve skills to be able to carry out activities of daily living. b. social rehabilitation is a process of re-functionalization and development to enable a person to be able to carry out his social functions properly in community life. c. medical rehabilitation is an effort to provide comprehensive, coordinated medical services that are medical, social, educational and vocational to achieve optimal functional abilities in people's lives. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 316 professor of criminal law, faculty of law, airlangga university, didik endro purwoleksono also believes that chemical castration is not against human rights, with several arguments as follows. (didik endro purwoleksono, 2019) : 1. that the nature of the perpetrator is recidive, which means he repeats the act of sexual violence a. the victim factor is one of the reasons for chemical castration, because: b. it is possible to be traumatized for life; c. it is possible that children, as victims of sexual violence, could become perpetrators of criminal acts of sexual violence against children in the future; d. children as the next generation must be saved from violence or threats of violence forcing children to have intercourse with them or with other people; e. many cases of children become victims of criminal acts of human trafficking. 2. chemical castration must be accompanied by rehabilitation. this shows that the law requires that when a defendant is sentenced to chemical castration, the judge is also obliged to give a decision in the form of rehabilitation to the perpetrator. thus, it is hoped that the perpetrators can be made aware of their behavior. 3. as the theory of the balancing theory of punishment stated by didik endro purwoleksono, in order to get a balance of punishment for the perpetrators of criminal acts, the victims also need to get attention. this means, not only seeing the human rights of the perpetrator, but the judge must also look at the rights of the victim or victims, before imposing chemical castration. (didik endro purwoleksono, 2014) the same opinion was also conveyed by edward omar sharif hiariej, professor of science criminal law, faculty of law, gadjah mada university. he stated if the chemical castration does not violate human rights, as it is a sanction that is oriented towards corrective justice and rehabilitative justice. corrective justice is justice-oriented to the perpetrator, which means correcting the wrongdoing of the perpetrator and the perpetrator is sanctioned. rehabilitative justice is justice-oriented to the perpetrator and the victim, which means that the perpetrator is given rehabilitation or recovery in order his behavior becomes 'normal' again and the victim given rehabilitation or recovery for the trauma suffered. chemical castration is a legal construction that is facultative in nature, might or might not be imposed (not a requirement), as of the judge in deciding whether the perpetrator of sexual intercourse with a child could be subjected to chemical castration or not, it must be based on information from medical experts. (melek hukum kompas tv, 2021) the explanations of several criminal law experts above explain that the act of chemical castration does not violate human rights, because the act of chemical castration is not torture but an http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 317 attempt to restore the perpetrator's hormones or libido and the psychic of sexual intercourse with a child so it could return to normal. law number 17 of 2016 concerning stipulation of government regulation in lieu of law number 1 of 2016 concerning second amendment to law number 23 of 2002 concerning child protection and government regulation number 70 of 2020 concerning procedures for implementing chemical castration measures, installation of detection devices electronic, rehabilitation and announcement of identity of perpetrators of sexual violence against children has regulated that the implementation of chemical castration accompanied by rehabilitation measures would be monitored by medical experts. before the judge decides if the perpetrator of sexual intercourse with a child is subject to chemical castration, the perpetrator must be examined by a medical expert. next, the results or conclusions would be obtained which would be considered by the judge to decide if the perpetrator of sexual intercourse with a child could be subjected to chemical castratio. if the results or conclusions of medical experts indicate that the perpetrator has high hormones or libido, the perpetrator could be subjected to chemical castration in order to normalize the perpetrator's hormones or libido, accompanied by rehabilitation action. if the perpetrator has normal hormones or libido but is mentally disturbed so that he becomes a pedophile. therefore, the medical expert concludes and gives advice as a judge's consideration so that the perpetrator is given rehabilitation measures to restore his psychology. (halodoc, 2021) chemical castration actions in human rights perspective related to medicine chemical castration is an attempt to manipulate hormones using hormonal drugs aimed at lowering testosterone levels. in 1944, chemical castration was first introduced to reduce pathological sexual behavior in sexual assault recidivists. in 1944, doctors used diethylstilbestrol on recidivist sexual assault. a few years later, the united states, canada, and several countries in continental europe used medroxyprogesterone acetate and cyproterone acetate to reduce sexual fantasies and sexual urges in perpetrators of sexual violence. more modern developments have found if using luteinizing hormone releasing hormone (lhrh) agonists such as leuprolide acetate and goserelin could help in the treatment of paraphilias. (joo yong lee and kang su cho, 2013) testosterone is the main hormone associated with libido and sexual function. several studies have shown that perpetrators of sexual violence have higher sex hormones (androgens) or testosterone and androgen levels correlate with the severity of sexual aggression. various comprehensive theories report that perpetrators of sexual violence who are given chemical castration could reduce their sexual interest and sexual performance. this makes chemical castration being one of the sanctions for perpetrators of sexual violence against children. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 318 medroxyprogesterone acetate, cyproterone acetate, and lhrh agonists are drugs that are also used in the treatment of prostate cancer. these three types of drugs are known to lower testosterone and estradiol levels. estradiol itself is an estrogen hormone that could affect bone strength, heart health, and brain function. this shows a link between chemical castration and several diseases, such as osteoporosis, heart disease, and diabetes. thus, chemical castration could trigger other effects, such as (kevin adrian, 2021) : 1. infertility 2. hot flushes (sensation of heat, sweating, and palpitations) 3. anemia 4. depression 5. increase the risk of breast enlargement in men called gynecomastia. the impact is caused by chemical castration. it is observed if it could reduce the rights of perpetrators of sexual violence against children, including perpetrators lose the right to be able to reproduce, perpetrators lose the right to have a healthy body, and perpetrators lose the right to have a healthy mentality. however, this could be overcome by taking vitamins, calcium, and anti-bone loss drugs, as well as providing psychotherapy and supervision from medical experts after the perpetrators have undergone chemical castration. although chemical castration is considered as eliminating the rights of perpetrators of sexual violence against children, chemical castration has 4 (four) advantages compared to surgical castration. there are (joo yong lee and kang su cho, 2013) : 1. perpetrators of sexual violence against children who are given chemical castration are still allowed to carry out normal sexual activities, under psychotherapy given. 2. chemical castration is not permanent, so perpetrators of sexual violence against children could voluntarily accept chemical castration. 3. chemical castration is a more realistic sanction than an implanted electronic detector or surgical castration. 4. unlike surgical castration, the effect of anti-libido drugs could be restored after the administration of anti-libido drugs is stopped. there is an assumption that the general public could feel relieved to know that perpetrators of sexual violence against children receive chemical castration, not only as a form of sanctions but also as a form of treatment for their behavior. chairman of the indonesian doctors association, daeng muhammad faqih, stated if chemical castration was imposed on perpetrators of sexual violence against children is not a form of punishment but an action, doctors would be glad to help the government. since chemical castration is not a form of punishment, it is neither violate the indonesian medical ethics code nor http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 319 cause a conflict of norms in medical ethics. indonesian doctors association hopes that the chemical castration action that will be imposed on pedophile perpetrators in indonesia, apart from being an additional sanction, also serves as rehabilitation for pedophile perpetrators, as has been done by other countries that first imposed chemical castration enforced, including poland, england, argentina and germany. (melek hukum kompas tv, 2021) 4. conclusion chemical castration is the act of giving pills or injections of antiandrogen hormones. chemical castration is regulated in law number 17 of 2016 of stipulation of government regulation in lieu of law number 1 of 2016 of second amendment to law number 23 of 2002 on child protection, in the perspective of criminal law it is appropriate to impose sexual violence on perpetrators against children as sexual violence against children is a serious and cruel crime (graviora delicta). the chemical castration action is a double track system, namely the formulation or law formulation that provides criminal sanctions as well as action sanctions. in the perspective of human rights, chemical castration does not violate human rights. ever since chemical castration is a sanction that is oriented towards corrective justice and rehabilitative justice so that chemical castration is not only a punishment but also rehabilitation to restore hormones or libido as well as the pedophile's psychology. suggestions 1. judges should be more careful in deciding if perpetrators of sexual violence against children deserve chemical castration. the results of clinical assessments from medical experts need to be taken into account for the judge's decision. 2. human rights activists should be more vocal for law enforcers to consider the meaning of chemical castration for perpetrators of sexual violence against children in accordance with law number 17 of 2016 of stipulation of government regulations in lieu of law number 1 of 2016 of second amendments to laws -law number 23 of 2002 on child protection, apart from being an effect of retaliation, it is also a means of rehabilitation for perpetrators. references adrian, kevin. (2021). ini efek kebiri kimiawi pada pria. bbc news. (2016, may 25). presiden terbitkan perppu kekerasan seksual terhadap anak. cnn indonesia. (2021a, january 4). selain ri, 11 negara terapkan kebiri kimia untuk pelaku cabul. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 320 cnn indonesia. (2021b, january 5). idi belum ambil sikap jadi eksekutor pp kebiri kimia. cnn indonesia, “idi belum ambil sikap jadi eksekutor pp kebiri kimia”. cito, davide. (2011). the new delicta graviora laws. ave maria international law journal, 1(1). djunaedi, mochamad. (2020). pertanggungjawaban pidana pelaku tindak pidana suap di sektor swasta. farisa, fitria chusna. (2021, january 4). pp 70/2020 terbit, ini tahapan kebiri kimia terhadap predator seksual anak. fernida, indria. (2016, june 1). kebiri kimia: jalan pintas ala pemerintah. halodoc. (2021). pedofilia. hamzah, andi. (2014). asas-asas hukum pidana edisi revisi. rineka cipta. hasanah, nur hafizal dan eko soponyono. (2018). kebijakan hukum pidana sanksi kebiri kimia dalam perspektif ham dan hukum pidana indonesia. udayana master law journal, 7(3), 308–308. hiariej, edward omar sharif hiariej. (2021, january 5). alasan hukum yang membenarkan pemasangan chip dan kebiri kimia. maharani, dian. (2015, october 22). yang terjadi jika seseorang dihukum kebiri. https://health.kompas.com/read/2015/10/22/120535623/yang.terjadi.jika.seseorang.dihu kum.kebiri. dian maharani, “yang terjadi jika seseorang dihukum kebiri”. marzuki, peter mahmud. (2017). penelitian hukum edisi revisi. institute for criminal justice reform. (2012a, may 14). konvensi anti penyiksaan. institute for criminal justice reform. (2012b, may 14). mengenal kovenan internasional hak sipil dan politik. isnawati, muridah. (2018). tinjauan tentang hukum pidana pemilu dan formulasi pertanggungjawaban dalam tindak pidana. perspektif hukum, 18(2), 294–314. komnas ham ri. (2021, february 1). mengupas peraturan pemerintah (pp) kebiri kimia dalam perspektif ham. lee, joo yong and kang su cho. (2013). chemical castration for sexual offenders: physicians’ views. journal of korean medical science, 28(2), 171–172. melek hukum kompas tv. (2021, april 24). bagaimanakah mekanisme hukuman kebiri kimia. kompas tv. prakasa, satria unggul wicaksana. (2017). perdagangan internasional dan ham: relasinya dengan sustainable development. jurnal hukum novelty, 1(1), 36–53. prasetyo, teguh. (2010). kriminalisasi dalam hukum pidana. nusa media. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/  issn: 19 ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 3 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 78-1520 321 putro, yuliardi hardjo. (2016, may 4). kronologi kasus kematian yuyun di tangan 14 abg bengkulu. purwoleksono, didik endro. (2014). hukum pidana. airlangga university press. purwoleksono, didik endro. (2019). hukum pidana: untaian pemikiran. airlangga university press. santika, gita, et al. (2012). sistem pidana dan tindakan “double track system” dalam hukum pidana di indonesia. diponegoro law review, 1(4). sholikhah, nikmatus. (2021, january 11). jokowi teken pp kebiri kimia, pakar hukum pidana unair berikan tanggapan. yustitianingtyas, levina. (2016). pertanggungjawaban pidana oleh korporasi dalam tindakan pelanggaran ham di indonesia. jurnal hukum novelty , 7(1), 25–42. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 238 notarist affairs reviewed by law and notary department filianty, habib adjie faculty of law, university of narotama e-mail: fili.feelly@gmail.com abstract according to article 12 letter a of the notary law, notaries can be dishonorably dismissedbecause they have been declared bankrupt based on a court decision that has permanent legal force. this dishonorable dismissed is a treatment that is not in accordance with the concept of bankruptcy because the bankruptcy law itself regulates legal remedies to protect the interests of creditors as regulated in article 24 paragraph 1 of the law on bankruptcy. so there is a conflict between the two laws regarding the relevance of dismissal of a notary. this journal discusses whether the provisions in article 12 letter a of the law of notary do not conflict with law on bankruptcy relating to the dismissal of a notary person who has been declared bankrupt by the minister and. the purpose of this journal is to find out whether the provisions in article 12 letter a of the law on notary position are not in conflict with law on bankruptcy related to whether the notary can be dismissed from his position if he has been declared bankrupt by the court and the decision has permanent legal force. this journal uses the theory of legal certainty and theory of justice. this journal is a normative juridical study using a legislative and conceptual approach. the result of the writing of this journal is that there is an inconsistency between the law of notary and law ong bankruptcy because the purpose and spirit of the law are different and dismissal of a notary from his position is irrelevant when viewed from the theory of justice and legal certainty.. key word: notary bankruptcy, notary dismissal, law syncronized 1. introduction based on the constitution of the republic of indonesia year 1945 (uud 1945) article 1 paragraph (3) before the amendment stated that "indonesia is a state based on the state of law" while after the amendment is declared "the state of indonesia is the state of law". although the sound of the article is different, but in fact both have the same goal of making the state of indonesia as a legal state. what does the state of law itself mean? that the state of law in general is a state that upholds the supremacy and sovereignty of the law in the implementation of state activities to achieve the desired goals of all people (alfina fajrin, 2017). that the state of indonesia as a state oflaw (rechstaat)is not as a state ofpower (machstaat)where the law is based on the power of the government in office, but the state in which contained the understanding of the government's recognition of the principle of) bukanlah sebagai negara kekuasaan (supremacy of law and constitution. the characteristics of the state of rechstaat are as follows: 1. the protection of human rights; 2. the separation and division of power in state institutions to ensure the protection of human rights; http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 239 3. governance by regulation. 4. there is an administrative judiciary. therefore, all actions taken by the government and citizens are limited by legal norms as a form of recognition of rights and obligations and if violated there are penalties and/or sanctions awaiting it. the state based on the law is characterized by several principles including that all actions or actions of a person both individuals and groups, people and governments must be based on the provisions of laws and regulations that existed before the act or action was carried out or based on applicable regulations. states based on the law must be based on good and fair laws without discriminating. a good law is a democratic law, which is based on the will of the people in accordance with the legal consciousness of the people. allah is all-ful, all-knower. the juridical consequences of the understanding of the state law recognized in the 1945 constitution, are: 1. chapter x article 27 paragraph (1) states that all citizens together with their position in the law and the government are obliged to uphold the law and the government with no exception. 2. in article 28 paragraph (5) which reads that for the enforcement and protection of human rights in accordance with the principles of a democratic state law, the implementation of human rights is guaranteed, regulated, and set forth in thelegislation. one of the conditions in the smooth running of government is law enforcement through the issuance of legal regulations that should not collide with each other or contrary to other laws, thus ensuring the existence of legal certainty for all people. therefore, the making of a rule of law must pay attention to all norms that apply in society. according to sudikno mertokusumo, that in law enforcement there are three important elements, namely: legal certainty (rechtssicherheit),benefit (zweckmassigkeit)and justice ), kemanfaatan () dan keadilan ((gerechttigkeit). in enforcing the law there must be a compromise between the three elements so that it gets attention proportionately balanced. but in practice it is not always easy to try to compromise proportionallyal balanced between the three elements (sudikno m and a. pitlo, 1993). because often for justice seekers, mostly laymen against the law, have to go through a long and tough struggle and to make it happen sometimes have to deal with law and law enforcement (dominic rato, 2014). another factor that karena dalam also affects berpengaruh the work of the law is at the time of interpretation or interpretation of the law by the judge in handling a case in court, because it will determine many things, such asinterests, ideology,economy, and other ideologi faktor-faktor factors (ibid, pp. 127). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 240 related to notary insolvency, whether the legal relation is because the bankruptcy discourse is only in the context of materiality, in the sense of inability to pay financial obligations that have matured and not with the position of relation. based on law no. 37 of 2004 concerning bankruptcyand debt payment obligation(uuk-pkpu) is acondition when a debtor cannot pay in full to thecredit or within the stipulated period with a fixed court decision both on his own request and on the request ofcreditors (adrian sutedi, 2009). so why is there a notary public discourse was dismissed from his position? notary function that is actually to meet the legal needs of a legal subject based on his oath mentioned in article 4 paragraph (2) uujn is possible to be bankrupted if the function can not be carried out in accordance with existing achievement contacts(thoyyibahb, 2016). the problem is sudah the itu relevance between the dismissal in a position held as a public official and the financial condition for the ability to pay the overdue bill whereby the notary should be dismissed in his position.. is being dismissed in office a way out for the fulfillment of bankruptcy? because bankruptcy itself has its limits and it is not forever as long as the obligation for payment to creditors can be met . that if a notary has been declared bankrupt by the court and for that he is under kurator then all assets he has will be inventoried in order to repay the debt in accordance with the creditor rating (flikna nairul, 2012). 2. research methods research type the research used in this research is normative juridical research. normative juridical research is research that examines various laws and regulations that apply or are applied to a particular legal problem. ronald dworkin called it doctrinal research, a study that analyzes the law as (soejono & abdurrahman, 2003). law as it is written in the book (dassollen), which is the law in the form of ideals how it shouldbe, and the law as it is decided by the judge through judicial process (ronald dworkin natural bismar nasution, 2003). it is to find a relationship between the uujn and the bankruptcy law and other lawsand regulations that can connect about the dismissal of a notary public who is declared bankrupt by the district court. approach to legislation (statue approach) this approach is carried out by studying the laws and regulations related to the legal issues that are being addressed. this approach is taken to review the rights that should be received by a notary official after the errors inflicted on him are not proven legally and have been waived for such errors and what obligations the minister of justice and human rights should exercise for the legal facts that have been obtained. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 241 conceptualapproach the conceptual approach moves away from the views and doctrines that develop in the science of law. studying the views and doctrines in the science of law, researchers will find ideas that give birth to legal understandings, legal concepts, and legal principles relevant to the issues at hand. on a conceptual approach, new concepts or theories will be found in accordance with the purpose of this research which is to find the synchronization and relevance of a relevansi notary dismissed fromoffice because he is sedangkan insolvent, while the bankrupt is the individual. the problem is stated in the formulation of the problem which will then be internalized with the concepts and theories proposed as a library review of this research. synchronisation of bankruptcy between the bankruptcy law and the notary office act understanding bankruptcy the definition of bankruptcy or bankruptcy in black's law dictoinary is: "the state or condition of a person (individual, partnership, corporation, municipality) who is unable to pay its debt as they are, or become due. the term includes a person against whom an involuntary petition has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt" (ahmad yani & gunawan widjaja, 2002). this means that bankruptcy is a condition oftheabilityto pay from the debtor for his debts that havematured. ketidakmampuan must be accompanied by a real action to apply to the court, either done voluntarily by the debtor himself, or at the request of a third party (outside the debtor). things are included in the application on the basis of"publicity" harta in general, the dicapainya notion of bankruptcy or bankruptcy is a general confiscation of all debtor's property in order to achieve peace between the debtor and the creditors or so that the property can be divided fairly against the creditors (munir 's fuady, 2003). penundaan according to article 1 number 1 of law no. 37 of 2004 concerning bankruptcy and postponement of debt payment obligations (uuk-pkpu),the meaning of bankruptcy is a general confiscationof all the wealth of the bankrupt debtor whose management and eradication is carried out by the curator under the supervision of a supervisory judge. the main values that can be the starting point of bankruptcy arrangements can basically be found in book i, ii, iii and iv of the civil code and in book i of the trade code. it begins with the question of who can be declared bankrupt. what can be used as guarantees and transactions that are how guaranteed. these three main things are the basic concepts leading to the process of statements and bankruptcy decisions.. the basic concept is then clearly regulated in more detail on the provisions of bankruptcy. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 242 bankruptcy was originally regulated by the law on bankruptcy known as failissement verordening (fv) namely staatsblad year 1905 no. 217 juncto staatsblad year 1906 number 348. the fv was later amended in the sense of being enhanced by the replacement government regulation law (perpu) number 1 year 1998 in connection with the monetary turmoil that has befallen the state of indonesia since mid-1997. perpu no. 1 of 1998 was subsequently enacted as law by law no. 4 of 1998, but because the change has not also met the development and legal needs of the community then updated with uuk-pkpu. the arrangement of a bankruptcy other than specifically regulated with uuk-pkpu,is also contained in several laws, namely as follows: a. kuhperdata, for example in articles 1139, 1149, 1134 and so on;; b. criminal code, for example contohnya in pasal 396, 397, 398, 399, 400, 520 and so on; c. contohnya law terbatas no. huruf 1 of 1995 on limited liability companies (uupt), for example in article 79 ayat paragraph (3), article 96, article 85 paragraph (1) and (2), article 3 paragraph (2) letter b, c, and d, pasal 90 paragraph (2) and (3), article 98 paragraph (1) and so on;; d. law no. 4 of 1996 on tahun tentang dependent rights;; e. legislation in the field of capital market, banking, state-owned enterprises and so perbankan on. principles of bankruptcy law the law of bankruptcy is based on the following principles and principles: the principle of honesty kreditor tidak lembaga this lembaga principle states tidak that on the one hand can prevent the abuse of institutions and institutions insolvency by dishonest debtors and on the other hand can prevent the misuse of institutions and institutions insolvency by creditors who are not in good faith. business health principles this principle states that insolvency institutions should be directed so that companies can grow their economies so that they are truly healthy. a. principles of justice dibayar that bankruptcy must be regulated with a sense of justice so as to prevent the arbitrariness of the collector who wants to be paid his bills regardless of the other creditors. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 243 b. integration principles integration of thelaw , that the law of bankruptcy must be a unity with the other laws. integration of civil procedure law, perdatabankruptcy law is the law in the field of bidang confiscation and execution then it must be a unity about confiscation and execution in the rule of civil procedure law. c. principles of good faith lainnya the onset bukan of bankruptcy is due to ayat the pasal inability to pay creditors' bills and not about others and it must be stated objectively by the judge (article 1338 paragraph (3) of the civil code).). d. principles of nationality that every property/owned by the debtor is a dependent for his debtswhereverthe goods are located (articlepasal 1311 kuhperdata). purpose and function of bankruptcy the purpose of kreditor sehingga bankruptcy is to provide solutions or settlements to creditors where the debtor is unable to pay hisdebts,so that there is a sense of justice for all parties without exception. all article 1131 of the civil code describes the responsibilities of the debtor in his association by including all the property as asas collateral for debt repayment, and if necessary then the property can be sold for the repayment of the debt (schuld and haftung principles). (purwahid patrik dan kashadi, 1998). schuld telah is the responsibility of achievement, where there is an obligation to pay in full what has become a debt, sedangkan while haftung is a juridical responsibility, that all transactions carried out must not violate the laws and regulations and "halal" thereof. article 1132 of the civil code explains that if debitor has several kreditor then the position of thereditor kis the same (creditorium parity principle). if the debtor's wealth is insufficient to pay off his debts, then the reditor kis paid on the basis ofbalance, i.e. each obtains a receivable balanced with receivables kreditor unless otherwise stated by the legislation (ibid., pp. 6). notary insolvency under the bankruptcy law and notary office law that bankruptcy lawsuit can be directed to all indonesian citizens, including a notarypublic, which for a reason that resulted in the notary can not pay its debts sothat creditors can file a bankruptcy lawsuit in accordance with uuk-pkpu to the commercial court where the notary is domiciled law. in law no. 2 of year 2014 concerning about amendment to law no. 30 of year 2004 concerning notary position (uujn) it has been explained in article 12, that a notary public can be dishonorably discharged by the minister http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 244 due to the decision of a court judge who has permanent legal force against the bankruptcy lawsuit filed with the notary. that dengan as a result of the decision of the court that has a permanent law, all property from notary public is then confiscated by the state by being taken care of and dealt with by the curator underthe supervision of a supervisory judge,which will then be paid to creditors in accordance with the value of the bill in a balanced manner. the notary public is no longer able financially to support themselves and their families and offices because their financial rights have been handed over to the curator so that later the curator will manage the notary's financial ability to manage his debts, until there are no more demands on him. and for that, legal rights related to the ability to conduct legal alliances with third parties are also lost during the management of the bankruptcy. stated that the atas notary public who was declared bankrupt can be dishonorably discharged by the minister as stated in the uujn above, is a legal result of the bankruptcy decision. for so since where with the circumstances it means that the notary public is considered incapable in carrying out his authority as a notarypublic, so it is very reasonable for the minister dia to dismiss him from the position he is in and since the date of his dismissal, the notary is no longer under the uujn so that he can not carry out his profession as a public official. what if the apakah misalnya notary public can pay itsdebtsbecause it obtains assistance from sehingga selanjutnya relatives, forexample, so that the curator states that the notary public's obligations have been fulfilled and then the supervising judge decides the notary has been free from bankruptcyconditions, is the incompetence still continuing? this is in accordance with the spirit of uuk-pkpu where it is expected that with the help of the curator, the debtor is able to improve his financial ability so that in the future he can return to normal life. this loss while the spirit takes effect is different from the uujn where with the article of dismissal of notary public from hisposition, resulting in addition to having lost his authority as a public official then he also lost his livelihood that has become his profession,while in accordance with the uujn ethics that notary should not concurrently his position in accordance with article 17 uujn. therefore, karenanya it must be recognized that with the bankruptcy received by the notary, it means that the world becomes dark so that the opportunity to rise again seems lost. . is this what uujn wants? referring resulting in justice though outside what the understanding of bankruptcy is planned in uuk-pkpu and uujn as if there is an inconsistance between the two so that there is no legal protection and justice for notaris if he turns out to be experiencing financial difficulties that result in him not being able to pay his obligations to creditors, even though it is out of context he is not performing his obligations as a notary official in accordance with the uujn. in to this http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 245 case uujn seems to only want to organize sedangkan and create an ideal that is notary official whois capable, responsible and clean without wanting to know how the process to become the ideal ideal, while in the process termasukrisk notary insolvency.. so if possibly legally enforceable rights consequently only based on the court's decision that has permanent legal force in decision making and for it is directly stated notary public is not able to work anymore as a notary public and for that must be dismissed either respectfully or disrespectfully then the meaning is that all notary lives have been pawned by the decision of the minister of law and humanrights (menkumham) andthe result is that notary public becomes incapable in the true sense and the probability for him to rise financially is very small. that used for example specifically if there is a discrepancy between the laws then the prevailing is "lexspecialis derogate lex generalis" where dimana the rules specifically govern a legal problem then the rule is used from the general karena digunakan rule, for example in the case of bankruptcy then used as a reference or legal basis is uuk-pkpu because the law is made to regulate the bankruptcy and no longer kuhperdata or kuhdagang. however, if it is enforced on bankruptcy for notary public, it cannot be implemented normatively because uuk-pkpu regulates the mechanism of bankruptcy while uujn regulates the personal of notary public who is subject to bankruptcy. that the notary sanctions that have been imposed bythe court that has obtained legal force will still be dismissedwith or disrespectfully based on the proposal of the central supervisory panel to menkumham,namely in article 12 letter a. in article 2 letter a it is not accompanied by further explanation of what is related to the bankruptcy experienced by notaris so that the implementation of this article refers to uuk-pkpu. based on article 22 letter b uuk-pkpu explained that everything obtained by the debtor from his own work as a payroll of a position or service, as wages, pensions, waiting money or alimony money as far as determined by the supervisory judge so that it can be drawn conclusions related to article 22 letter b that everything obtained by the notary as an insolvency debtor derived from the payroll of the position he/she lived or the wages that can be obtained from the position he lived can not be put into the object of bankruptcy. so the dismissal of notary public with this srespect as in article 12 letter a uujn is very inappropriate when viewed from the purpose of uuk-pkpu is for the sake of legal protection that guarantees the implementation of debt repayment fairly. so whatif notaris who complaineddukaan as a debitor bankruptcy then for the sake of the law lost his rights only limited to his property that belongs to the object ofbankruptcy only, and the notary is still capable to do legal action. and for that it doesn't need tobedismissed, be it respectfully or disrespectfully. that bankruptcy based on uuk-pkpu has an expiration period of (nindyo pace, 2017). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 246 a. revoked by the court( article 18 ayat paragraph (1) uuk-pkpu) through can because it is not a supervisor recommendation of the curator and supervisory judges, the commercial court can revoke the bankruptcy status of the debtor if the financial condition is no longer able to pay the bills including with his assets, even his assets are not found that can be included in the bankruptcy boedel while for the cost of bankruptcy management requires a small amount offunds, because if continued then the position minus the debtor will be greater and it is not in accordance with the objectives of uuk-pkpu. b. a peace agreement has been reached and has ayat been ratified(article 166 paragraph (1) uuk-pkpu) that the creditors have agreed to the offer submitted by the debtor so that the bankruptcy efforts are not continued.. c. payment of obligations has been carried out to all creditors( article 202 paragraph (1) uuk-pkpu) bankruptcy ends after telah insolvency is paid to creditors in accordance with a list that has been determined proportionally either through the sale of fixed assets or cash funds (afterthe sale of fixed assets). after the bankruptcy ends,the debtor should obtain rehabilitation to be able to obtain the right and authority to take care of his property. rehabilitation here is the restoration of the good name of the debtor who was originally declared bankrupt, because he has fulfilled his obligations then he is no longer in bankruptcy. that the daily appointed rehabilitation was done with a court ruling and for it to be announced on a minimum of 2 (two)dua daily national newspaper-appointed courts for 2(two) months, the court's ruling on rehabilitation is final and there is no longer any legal action against it (hadi subhan, 2008). what about uujn? there is no rule governing mengatur it after notaris successfully fulfills its obligations for bankruptcy and has been rehabilitated by the court.. this is the inconsisteration between uujn and uuk-pkpu over the bankruptcy of a notary public. the conclusion of a notary insolvency when viewed from uuk-pkpu and uujn is that there is legal uncertainty that risks the emergence of legal injustice because of differences in the spirit and purpose of the law. therefore, it should be explained in the uujn about apakah if the notary has been declared bankrupt, whether it concerns his position because there is a risk of defects in the implementation of notary authority in accordance with the uujn if the notary public remains a notary official or simply following the court's decision. because it would be different treatment, butit's tetapi all the authority of menkumham. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 247 notary dismissed from notary position due to declared bankruptcy conceptual framework researchers studied concepts to examine the meaning of concerns notary-related bankruptcy in order to find a legal basis for why he should be dismissed if he was having bankruptcy problems, in order to obtain a reason in accordance with the decision. uujn was all formed because of it in addition to perlindungan providing provisions,protection also for legal certainty for the profession of notary in providing legal services to the public in relation to the making of authentic deed, therefore all can be facilitated properly without risk of colliding with other legal regulations, it takes a syncronization. bankruptcy is one way dimana to solve the problem of debts that arestuck due to the inability of the debtor,where with the court'sdecision, the certainty of payment can be carried out through management and eradication by the curator supervised by the supervisory judge. and belum the object of bankruptcy is individuals and legal entities that can be sued by at least 2(two) creditors whose receivables have matured and have not beenpaid, debts that can be filed insolvency are all transactions of debts involving creditors and debtors and on both proved to be there are alliances and halal clauses. that so it can be good notary public can be classified as one of the parties that can be filed for bankruptcy because notary is an individual who has the right to transact in legal alliance with anyparty, either in the authority as a notary public or in the condition as a regular person,so that for that there is a risk of non-payment or default. therefore, in this research will be discussed about the meaning of notary bankruptcy so that whether it is relevant notary dismissed from office if he has been declared bankrupt. here's a diagram showing how bankruptcy works against notary public based on applicable laws and regulations.. p private person notary general officer 1. alliances due to agreements 2. alliances by law relationships hukum that give birth to rights and obligations alliances by law 1. default agreement 2. unlawful acts accountability unlawful acts bankrupted as a person, not bound by the notary office act bankruptcy 1. unable to be bankrupted 2. position is not the subject of bankruptcy the creation of justice and certainty hukum in bankruptcy against notary http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 248 the diagram above shows that notary public official other than as a general official appointed by law,he is also the subject of individual law. in order to be clearer,the researcher will start from the notary concept itself. notary as public official notary public official authorized to make authentic deed and have other authority as stated in article 1 paragraph (1) uujn. that as a public official,which means notary public appointed by law in order to carry out obligations in accordance with the position and therefore given an authority to him. notary in his office is bidang pelayanan obliged to provide services to the community in the form of making authentic deed and service in other forms in the field of civil law (other akta-akta deeds). other related the exist term general official is a translation of the term openbare ambtenaren contained in article 1 reglement op het notary ambt inindonesia, staatsblaad 1860 number perjanjian-perjanjianwarga 3 (stbl.1860: 3), which is a representative of the state /government to serve the making ofdeeds, agreements, other letters related to legal events carried out by the community ( citizens). a public official is directly obtained from thestate (law)and not from the government or executive or state affairs officer so therefore the notary is not under the influence or power of the executive, legislature. it's just that in the process of his appointment,notary notaris was appointed by menkumham as a function of the president's assistant in the field of juridical. it is to be for the authority bestowed to lift it must be that very principled in the laws of the state administration that the official who appoints a person and for that he bestows all or part of the authority to do something that is hisobligation, must have obligations and authorities as delegated or authorized because that authority is delegation (sjaifurrachman and habib adjie, 2011). if it turns out that a minister is not authorized to make an authenticdeed, maka then for him is not authorized to appoint an authentic deed official or even dismiss it. because it is his legal right logically,a person who gives something that he or she does not have then is impossible,handing over something that does not belong to him on the basis of legal rights is including unlawful tidak acts (ibid, pp. 54-55). notary is not a public servant, meskipun although given the term as a publicofficial, karena because characteristically his position is not under certain agencies or departments in government.. soegondo notodisoejo said that: " diberi bersumber diberhentikan pemerintah a public official is a person who is appointed and dismissed by the government and given the authority and obligation to serve publik in certain matters because he participates in implementing a power derived from authority (gazag)from the government.. in his office is concluded a characteristic and characteristic that distinguishes him from other positions in society (r. soegondo notodisoerjo, 1982). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 249 this resulted in a notary public servant not being part of the civil servant corps and for that the notary also did not get a salary from the government as other public servants and therefore a notary public was not subject to the personnel law.. it adalah berwenang has been stated tentang in article 1 of law no. 43 of 1999 concerning amendment to law no. 8 of 1974 tentang concerning the principles of personnel that civil servants are authorized officials and handed over duties in a public office, or erranded by other state duties,and are paid based on applicable laws and regulations. that is stated so in the concept of delegation of hence where authority, notary public is an independent profession especially to the minister where he is not subject to the law of personnel and the minister also does not have the authority to make authentic deed or other deed,so that when in uujn stated that the notary is appointed by the minister and therefore can also be dismissed by the minister then actually where the notary institution marwah actually if associated with article 1870 kuhperdata about authentic deed. in practice, in additionto being subject to the uujn, notary public is also subject to the untuk notary code of ethics which is a rule in the form of moral rules stipulated ditetapkan in the congress of the indonesian notary association to be used as a reference for notary public inapplying, bertindak acting and working. thus, the limitation of notary public is uujn when carrying out the profession and notary code of ethics when living everyday.. notary is a position according to the great dictionary of the indonesian language (kbbi) that the word jabatan position means a job (department education and culture, 1994). dalam dapat (task) in a government or organization that can be interpreted that in general that a position is a position deliberately created in doing a job in government or organization.. if perceived with ambt then it is related to the government. e. utrecht states that the position is a permanent work environment (kring van vaste werkzaamheden)held and carried out for the benefit of the state (general).). while the permanent environment is a work environment that as much as can be expressed precisely bersifat (zoveel mogelijk nauwkeurig omsschreven) and which is duurzam (cannot be changed just like that) (e. utrecht, 1963). position because of it is the subject of law (obligations will be the governor that persoon) therefore there are rights and obligations, in the constitutional law that power and authority is not given to officials (people) but to the office (work environment) so that even though the official alternately but the power and authority will not be lost because it attaches tothe office,eg the position of president, governor, mayor and so on.. because it is an area of work or duty deliberately created by law, so that the position can do like a persoon then it takes the person who occupies it and for that he is referred to as an official or a specially http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 250 appointed person to be in office. so that the position is permanent while the official can alternate. remains if while associated with notarypublic, for this he is given a position as an authentic deed maker and other deeds in order to serve the public interest then the notary is permanent because it is a permanentenvironment, while its officials or individuals can alternate.. therefore, atau by sedangkan office, notary public can not be dismissed even though in the law is declared can be dismissed, if described then the notary is theposition, while the a, b or c is the official.. that the article of atau notary dismissal is becoming less relevant even though the a, b or c itu has legal problems. in the moment in charge has done so that the court conclusion,that for the article of of notary because he was decided bankrupt by the court is misguided when drawn to the legal history and legal theory, because karena the bankruptcy decision is resulting in persoon namely si a, b or c who at the time was occupying the position of notary,so that the responsible to pay the obligations in accordance with the agreed and carried out management by the curator is si a, b or c. while "notary" cannot be dismissed,be baik it respectfully or disrespectfully.. 4. conclusion that bankruptcy if reviewed from the notary office law and the bankruptcy law are: there sejak pengadilan semangat dilakukan telah is a diawasi difference in the meaning and spirit of the two laws towards bankruptcy where in the bankruptcy law (uuk-pkpu) means that bankruptcy is an event where the debtor is unable to pay the bill that has been due and on top of that by the court is decided insolvent and from the date of the verdict the management and eradication of debt payments is carried out by the curator supervised by the supervising judge. the management process up to the debt can be resolved porposionally and there after that the court can determine the debtor has been released from bankruptcy status pailit and on top of that can ask the court for rehabilitation of good name. while the notary office putusan law (uujn) only states that the minister has the right to dishonorably dismiss a notary who has been declared bankrupt and the verdict has permanent legal force without any explanation. immediately the debt was even enthusiastic difference in spirit in this case is in uukpkpu his spirit so that the debtor can rise again after he pays his debts while uujn instead of directly declaring the notary is not worthy to be a notary without any rules on how he can maintain his profession. and notary public disrespectfully by the minister because the notary has been decided bankrupt by the court with a verdict of permanent legal force is a misrepresentation of the concept or theory of law because there is a mixing of terms between http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 251 a person as a legal subject and a notary as a legal position by the uujn. because in this case notary is a position that is permanent and not perzoon so therefore notary can not be dismissed by the minister. suggestion the suggestion of the results of this research should be done synchronisation between uujn and uuk-pkpu so sehingga that it is clear who the subject ofnya the law is and how the arrangement so that notary public is also entitled to legal protection of the profession he currently holds. because if revoked while the re-appointment rule does not exist then the same means to kill the notary profession.. references alfina fajrin,( 2020). indonesian as country law, article, kompasiana, september 12, 2017, https://www.kompasiana.com/alfinafajrin/59b80b71941c202012739722/indonesia-sebagainegara-hukum/12/09/2107/diperbarui-210820, accessed on date 27 october 2020 hit 08.51 pm gmt. adrian sutedi,(2009). law bankruptcy, ghalia indonesia, bogor, pp. 155. ahmad yani & gunawan widjaja,(2002). series law business bankruptcy, pt raja grafindo, pp. 11. dominic rato,(2014). philosophy law: a introduction find, find dan understand law, lactation justitia, surabaya, pp. 127. department education and culture,(1994). dictionary great english, hall library, jakarta, pp. 392. e. utrecht,(1963). introduction law administration negara indonesian, mold sixth, ichtiar, jakarta, pp. 159. flikna nairul, (2008). stops position notary because stated bankrupt by verdict court, thesismaster notarism university surabaya, surabaya, 2012, pp. 162. hadi subhan,(2008). law bankruptcy, principles, norms and practice in judicial, kencana prenada media, jakarta, pp. 146. munir 's fuady,(2002). law bankrupt 1998 in theory dan practicept. aditya's image of bandung, pp. 8. nindyo pace,( 2017). law bankruptcy dan justice pancasila, andi offset, yogyakarta, pp. 112. purwahid patrik dan kashadi,(1998). law guarantee, edition revision with uuht, faculty law university diponegoro, semarang, pp. 5. ronald dworkin natural bismar nasution,(2003). method research law normative dan comparison law, paper, delivered on dialog interactive about research law and results http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 252 writing law on magazine accreditation, faculty law university north sumatra, medan, date 18 february, pp. 1. r. soegondo notodisoerjo,(1982). law notariat in indonesia a explanation, rajawali press, jakarta, pp. 44. soejono & abdurrahman,(2003). method research law, rineka copyright, jakarta, pp. 56. sjaifurrachman and habib adjie,(2011). aspects per accountability notary in manufacture deedmandar madju, bandung, pp. 54. thoyyibah b,(2019). responsibilities answer notary against cancellation deed agreement work same that was before verdict bankrupt (study verdict supreme court the great number 840k/rev. sus-insolvency/2016), journal notary indonesia 1 no. 3, surabaya, pp. 3. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 127 worker’s rights to big day in the middle of pandemic covid 19 hari adi setyoko, soemali faculty of law, narotama university surabaya e-mail: adiasu369@gmail.com abstract currently the earth is experiencing a covid-19 pandemic. this pandemic has been rampant in all countries without exception indonesia. it is undeniable that this pandemic has an impact on the world economy, especially indonesia. as a result of this pandemic, many companies have gone, have been dismissed unilaterally in various companies, and there have also been those who did not cut ties unilaterally but did not provide rights to holiday allowances during this pandemic. minister of manpower, ida fauzia, said that there were 274 companies that were unable to pay the holiday allowance this year. this number is known from complaints that have been submitted to the post of complaint for holiday allowances at the ministry of manpower in the may period this year. the formulation of the problems contained in this study are: 1) does every worker still have the right to get holiday allowances during the covid-19 pandemic? 2) what are the legal remedies for workers who do not get the right to holiday allowances during the covid-19 pandemic? the objectives of this study are: 1) to determine and analyze that every worker is still entitled to holiday allowances during the covid-19 pandemic; 2) to find out and analyze legal remedies for workers who do not get the right to holiday allowances during the covid-19 pandemic. the result of this research is that during the covid-19 pandemic, workers must still have the right to holiday allowances as stated in the circular of the minister of manpower no. m / 6 / hi.00.01 / v / 2020 concerning the implementation of 2020 religious holidays allowances in companies during the corona virus disease 2019 (covid-19) pandemic. keywords: worker rights, holiday allowances, covid-19 1. introduction in a development there are things that are very important for a country, especially for developing countries. the definition of development is an effort that is planned to be carried out consciously by a state and nation. one of the developing countries, indonesia is also carrying out a development called national development. national development is carried out within the scope of manpower, manpower has a very important role and position as the actor and the goal of development, in accordance with the role and position of the workforce. manpower development is needed to improve the quality of the workforce and their participation in development and increase the protection of workers and their families in accordance with human dignity. protection of workers can be carried out, either by providing guidance or by increasing recognition of human rights, physical and technical protection, as well as social and economic conditions through the prevailing norms in the work environment. in the framework of implementing protection for workers, the government has enacted law number 13 of 2003 concerning manpower. every human being has various needs, to be able to meet all these needs every human being is required to work. work that is done by yourself or working for other people. every job that is carried out by itself means working on its own capital and responsibility, while working for another person means working depending on someone else, who gives orders and sends him out because the worker / laborer must submit and obey other people. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 128 decent life and work for the indonesian people, especially for the middle class and the poor, do not seem to be fully felt by the community itself. for workers / laborers who are laborers are people who have to work for the sake of getting compensation or wages from the entrepreneur, which of course must be treated according to the applicable law for the sake of their welfare. all so-called workers / laborers must receive definite protection from the government which is a basic right for workers / laborers as regulated in the 1945 constitution of the republic of indonesia in article 27 paragraph (2), namely that every citizen has the right to work and livelihood. worthy of humanity. even now, there have been many regulations that contain various rules in exercising rights and obligations as contained in the 1945 constitution of the republic of indonesia. government action in providing protection for workers is mandated in the constitution of the republic of indonesia. indonesia year 1945, in article 28 d paragraph (2) which is written "everyone has the right to work and to receive fair and proper compensation and treatment in a work relationship." the scope of work has been stated in law number 13 of 2003 concerning manpower which contains various rules of rights and obligations between workers / laborers and entrepreneurs / employers. the work relationship is a relationship between workers and entrepreneurs. work relations occur after the existence of a work agreement between the worker and the entrepreneur, which is an agreement in which the first party, the worker, binds himself to work and receives wages on the other party, namely the entrepreneur, who binds himself to employ the worker by paying wages. payment of holiday allowances has always been a labor problem ahead of eid al-fitr because there are companies that violate the rules. for example, in the case reported on cnnindonesia.com, the minister of energy, ida fauzia, said there were 274 companies that were unable to pay the holiday allowance this year. this number is known from complaints that have been submitted to the post of complaint for holiday allowances at the ministry of manpower in the may period this year. ida detailed that 167 companies did not pay holiday allowances, 40 companies cut holiday allowances, 40 other companies made gradual payments, and 27 companies delayed payments. the data is summarized from 422 complaints regarding holiday allowances that came to the post. the violation of the payment of holiday allowances has caused life difficulties for workers because the necessities of life and the prices of basic necessities will increase sharply ahead of the holidays. various demonstrations and strikes demanding that workers also pay thr. several attempts have been made by the ministry of manpower and transmigration (hereinafter abbreviated as kemenakertrans) to anticipate the thr problem. while the scope of the thr problem is a national problem, therefore the most appropriate place to regulate the thr is the labor law. now is the right time to make changes to the labor law, http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 129 namely through amendments to law no. 13 of 2003. the thr material in the amendment of law no. 13 of 2003 at least includes details of the types of allowances including thr; contains strict sanctions for violations of the payment of fiancé. in addition to assisting the duties of labor inspectors, it is also necessary to regulate the participation of the community in the framework of supervision. according to the provisions stipulated in article 1 paragraph (1) of the minister of manpower regulation number 6 of 2016 concerning religious holiday allowances for workers / laborers in companies, it is stated that religious holiday allowances, hereinafter referred to as religious thr, are non-wage income that must be paid by employers to workers / laborers or their families ahead of religious holidays. from the provisions of the article, it is clear that employers are obliged to give thr to workers before religious holidays outside of wages. regarding workers' rights to receive thr, there are certain conditions that must be met by workers, namely they must have a continuous work period of at least one month. as regulated in the provisions of article 2 paragraph (1) of the minister of manpower regulation number 6 of 2016 concerning religious holiday allowances for workers / laborers in companies, which states that employers are obliged to provide religious thr to workers / laborers who have worked for 1 (one) month regularly. continuous or so. the provisions of this article mean that if the employee has had a continuous period of one month's work, then the worker is entitled to thr and the employer is obliged to give the thr to the worker. indonesia is experiencing a covid-19 pandemic which has disrupted economic activity. the current economic condition is far from ideal. due to the uncertainty of the current economic conditions, it is not impossible that entrepreneurs will not be able to pay the thr in full. or it is not impossible that the thr value given is not in accordance with what has been regulated by the government. on the one hand, of course this is not expected by the workers. based on this juridical problem, the author intends to conduct research that focuses on normative juridical aspects, and puts it in the form of a thesis with the title " worker’s rights to big day in the middle of pandemic covid 19". 2. method research this research uses normative legal research. soerjono soekanto and sri mamuji present the notion of normative law or also known as literature law research. what is meant by normative legal research is legal research carried out by examining library materials or mere secondary data (soekanto, 2010). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 130 3. results and discussion covid – 19 covid-19 is a disease caused by severte acute respiratory syndrome coronavirus 2 virus. covid-19 can cause respiratory system disorders, ranging from mild symptoms such as flu, to lung infections, such as pneumonia. covid-19 is a new type of disease caused by a virus from the coronavirus class, namely sars-cov-2 which is also often called the corona virus. the first case of this disease occurred in the city of wuhan, china, at the end of december 2019. after that, covid19 spread between humans very quickly and spread to dozens of countries, including indonesia, in just a few months. employment agreement the work agreement which in dutch is called arbeidsoverenkoms, has several meanings. article 1601 a of the civil code provides the following meaning: "a work agreement is an agreement in which the first party (the worker), binds himself to under the orders of the other party, the employer for a certain time does work and receives wages". law no. 13 of 2003 concerning manpower, article 1 point 14 provides the meaning, namely: "a work agreement is an agreement between a worker / laborer and an entrepreneur or employer which contains the terms of employment, rights and obligations of both parties". in addition to the normative understanding as mentioned above, iman soepomo argues that a work agreement is an agreement in which the first party (laborer) binds himself to work and receives wages from the second party, namely the employer, and the employer binds himself to employ workers by paying wages (subekti, 2008). observing the definition of a work agreement according to the civil code as above, it appears that the characteristic of the agreement is "under the order of another party", under this order shows that the relationship between workers and employers is a relationship between subordinates and superiors (subordination). the entrepreneur as the socio-economic higher party gives orders to the worker / laborer who socio-economically has a lower position to perform certain jobs. the existence of this command authority is what distinguishes a work agreement from other agreements. based on the definition of the work agreement above, several elements of the work agreement can be drawn, namely as follows (paramitha, 2015); a. there is an element of work b. there is an element of order c. there is a wage holiday allowance according to the provisions contained in article 1 paragraph 1 of the minister of manpower regulation number 6 of 2016 concerning religious holiday allowances for workers / http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 131 laborers in companies, it is stated that religious holiday allowances, hereinafter referred to as religious thr, are non-wage income that must be paid by employers to workers or laborers. or their family ahead of religious holidays. the provisions of the article explain that employers are obliged to give holidays allowance to workers before religious holidays outside of the stipulated wages. regarding workers' rights to receive holiday allowance, there are certain conditions that must be fulfilled by workers, namely they must have a minimum work period of one month continuously. as regulated in the provisions of article 2 paragraph 1 of the minister of manpower regulation number 6 of 2016 concerning religious holiday allowances for workers or workers in companies, which states that employers are required to provide religious holiday allowances to workers / laborers who have worked for 1 (one) month simultaneously. continuous or so. the provisions of this article mean that if the worker has had a continuous period of one month's work, the worker is entitled to receive thr and the employer is obliged to provide that thr. with regard to the amount and procedure for giving religious holiday allowance, if the worker or laborer has a continuous work period of one year, the religious holiday allowance obtained is the same as the wage earned for one month, whereas if the worker has a service period of less than one year then the holiday allowance obtained is not the same as one month's wages but is calculated proportionally. regulated in the regulation of the minister of manpower of the republic of indonesia no.6 of 2016 concerning religious holiday allowances for workers or laborers in companies article 3 number 1, the amount of holiday allowance referred to is in article 2 paragraph (1), namely: a. workers / laborers who have worked 12 months continuously or more, are given 1 month of wages; b. workers / laborers who have a continuous work period of 1 month but less than 12 months, are given proportionately according to the working period with the calculation; masa kerja 12 𝑥 1 satu bulan upah the wage in question is one month's wage as referred to in paragraph (1) consisting of the following wage components (rozarie & indonesia, 2017) a. wages without allowances constitute clean wages or, b. the basic wage includes a fixed allowance. the affirmation of the company's obligation to pay the hari raya allowance in the midst of the covid-19 pandemic is contained in the circular of the minister of manpower no. m / 6 / http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 132 hi.00.01 / v / 2020 concerning the implementation of 2020 religious holidays allowances in companies during the corona virus disease 2019 (covid-19) pandemic, which are as follows: 1. ensure that companies pay the religious holiday allowance to workers / laborers in accordance with statutory provisions. 2. in the event that the company is unable to pay the religious thr at the stipulated time in accordance with statutory regulations, a solution to this problem should be obtained through a dialogue process between the entrepreneur and the worker / laborer. the dialogue process is carried out in a friendly manner, based on transparent internal company financial reports and good faith to reach an agreement. the dialogue can agree on several things, including: a. if the company is unable to pay the thr in full at the specified time in accordance with the provisions of the laws and regulations, the thr can be paid in stages. b. if the company is not able to pay the thr at all at the time specified in accordance with the provisions of the laws and regulations, the thr payment can be postponed until a certain agreed period. c. time and method of imposition of late fees for religious thr payments. 3. the agreement between the entrepreneur and the worker / laborer as referred to in number 2 is reported by the company to the local office that administers government affairs in the field of manpower. 4. the agreement regarding the time and method of payment of religious thr and fines does not eliminate the obligation of employers to pay religious thr and fines to workers / laborers in accordance with statutory provisions, and to be paid in 2020. for workers who are not given their rights regarding holiday allowances (thr) after deliberation between the company and workers is not successful, workers can file a lawsuit against the law against the employer / company concerned to the industrial relations court (phi). as stated in article 136 of law no. 13 of 2013 concerning manpower, namely: 1. settlement of industrial relations disputes must be carried out by entrepreneurs and workers / laborers or trade / labor unions by deliberation to reach a consensus. 2. in the event that a deliberative settlement to consensus as referred to in paragraph (1) cannot be reached, the entrepreneur and the worker / laborer or the workers / labor union shall settle the industrial relations dispute through the industrial relations dispute settlement procedure which is regulated by law. legal protection for workers http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 133 legal protection is all efforts to fulfill rights and provide assistance to provide a sense of security to witnesses and / or victims, legal protection of crime victims as part of community protection, can be realized in various forms, such as through the provision of restitution, compensation, medical services, and legal assistance (marzuki, 2005); the definition above invites several experts to express their opinions regarding the meaning of legal protection including (marpaung, 2018); 1. according to satjipto raharjo, defining legal protection is providing protection to human rights that are harmed by others and this protection is given to the community so that they can enjoy all the rights provided by law. 2. according to philipus m. hadjon, legal protection is the protection of dignity, as well as recognition of human rights owned by legal subjects based on legal provisions from arbitrariness. 3. according to cst kansil, legal protection is a variety of legal measures that must be provided by law enforcement officials to provide a sense of security, both physically and mentally from harassment and various threats from any party. 4. according to philipus m. hadjon, legal protection is as a collection of rules or rules that will protect one thing from other things. with regard to consumers, it means that the law provides protection for the rights of customers from something that results in the fulfillment of these rights. according to soepomo, the provision of legal protection for workers includes five areas of labor law, namely (marpaung, 2018); 1. the field of employment / placement is the legal protection required by workers before they enter into an employment relationship, this period is often referred to as the preplacement or briefing period. 2. the field of work relations, which is the period required by a worker since he entered into a working relationship with the entrepreneur. an employment relationship preceded by a work agreement. a work agreement can be made within a certain time limit or without a time limit called permanent workers. 3. in the field of occupational health, during a work relationship which is a legal relationship, workers must receive insurance for their health. does the work environment can guarantee the health of his body in a relatively long time. 4. the field of job security is the existence of legal protection for workers for working tools used by workers. in a relatively short or long period of time it will be safe and there is a guarantee of work safety, in this case the state obliges employers to provide work safety tools for workers. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 134 5. in the field of workers 'social security, law number 3 of 1992 concerning workers' social security has been used. protection comes from the word lindung which means shelter, hide. protection means a place of refuge. with regard to legal protection for workers, it is basically shown to protect their rights. settlement of industrial relations disputes through the industrial relations court industrial relations are basically a legal relationship between employers and workers. there are times when the relationship is in conflict. disputes can occur to anyone who is in a legal relationship. disputes in the field of industrial relations which have been known so far can occur regarding predetermined rights, or regarding employment conditions that have not been determined, whether in work agreements, company regulations, collective labor agreements, or statutory regulations. the best dispute resolution is the settlement by the disputing parties so that results can be obtained that benefit both parties. for example, the bipartite settlement can be carried out through deliberation and consensus by the parties without interference by any party. as an effort to provide community services, especially to workers / laborers and entrepreneurs, the government is obliged to facilitate the settlement of industrial relations disputes (kahfi, 2016) there are four types of industrial relations disputes, namely: 1. rights disputes imam soepomo explained that disputes over rights are disputes that arise because one of the parties to a work agreement or labor agreement does not fulfill the contents of the agreement or violates legal provisions. disputes over rights are also referred to as normative disputes, namely disputes over matters that have been regulated or have a legal basis. even though it has been regulated or has a legal basis, it is not uncommon for the parties to violate it, the party who violates it sometimes thinks that the other party (worker / laborer) can be violated for all kinds of reasons, with arguments at their will, so that the workers are disadvantaged (or vice versa). ). differences in interpretation occur due to unclear explanatory limits in regulations and / or differences in judgments or legal facts and unclear limitations / rules (putong, 2012). 2. disputes of interest imam soepomo explained disputes over interests, namely disputes over attempts to make changes in labor conditions, usually improvements in labor conditions which labor organizations demanded of their employers http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 135 3. employment termination disputes disputes over termination of employment are described in article 1 point 4 of law number 2 of 2004 concerning the settlement of industrial relations disputes, which are "disputes that arise because there is no conformity of opinion regarding the termination of employment relations carried out by either party". disputes over termination of employment arise after termination of employment by one of the parties, in which there is a party who does not approve or object to the termination of the employment relationship. in other words, after a termination of employment, a dispute arises, namely the dispute over the termination of the employment relationship. 4. disputes between trade unions / labor unions in one company in line with the era of openness and democratization in the industrial world which is manifested by the freedom to form unions for workers / laborers, so that the number of trade / labor unions in a company can no longer be limited. with such conditions, it is possible for a company to have several trade / labor unions under different flags, which in carrying out their activities could potentially lead to conflict between one trade union and another, so that the industrial relations court will mediate for the dispute (kahfi, 2016) article 1 point 5 of law number 2 of 2004 concerning industrial relations dispute settlement, explains that disputes between trade unions / labor unions and other workers / labor unions are only within one company, because there is no agreement regarding membership, exercise of rights and obligations. union of workers. industrial relations dispute resolution procedure 1. bipartit the bipartite solution is the first step that workers and employers must take as a family. settlement through biparti must be pursued first through deliberative bipartite negotiations to reach consensus. this means that before a disputing party invites a third party to resolve the problem between them, it must first go through the negotiation stage of the parties which is commonly referred to as the bipartite approach. in bipartite negotiations, the parties must: a. have good ethics; b. be polite and not anarchist; c. obey the agreed negotiation rules. based on article 1 paragraph 10 of law number 2 of 2004, bipartite negotiations are negotiations between workers / laborers or trade / labor unions and employers to resolve industrial relations disputes. the settlement of this dispute is regulated in the provisions of article 3 to article 7 of law number 2 of 2004. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 136 settlement through bipartite negotiations must be completed within 30 (three pulu) days. if one of the parties refuses to negotiate or has conducted negotiations, but does not reach an agreement, the bipartite negotiation is deemed a failure. if the bipartite negotiations are successful in reaching an agreement, a collective agreement is made that is binding and becomes law and must be implemented by the parties. this collective agreement must be registered by the parties who entered into the agreement at the industrial relations court at the state court where the parties entered into a collective agreement. in the event that the collective agreement is not carried out by one of the parties, then the injured party can submit a request for execution at the industrial relations court at the negri court in the area of the agreement to be registered to get an order of execution. if through bipartite negotiations there is no agreement between the two parties to resolve the dispute through bipartite, before it is submitted to the industrial relations court, or especially for disputes over rights, it must first be resolved through mediation. 2. mediation conceptually, mediation comes from english which means intermediary, while in dutch it is called medio which means middle and in the big indonesian dictionary, mediation means mediating. mediation is a negotiation that involves a third party who has expertise in effective mediation procedures and can assist in conflict situations to coordinate their activities so that they are more effective in the bargaining process, if there is no negotiation, there is no mediation. meanwhile, the definition of mediation in industrial relations is the settlement of disputes over rights, disputes over interests, disputes over termination of industrial relations, and settlement of disputes between trade unions / labor unions within one company only through deliberations mediated by one or more neutral mediators. industrial relations mediators, hereinafter referred to as mediators based on article 1 number 12 law number 2 of 2004 concerning industrial relations dispute settlement, are: "government agency employees who are responsible for the field of manpower who meet the requirements as mediators set by the minister to be in charge of mediation and have the obligation to provide written advice to the disputing parties to resolve disputes over rights, disputes over interests, disputes over termination of employment. and disputes between trade unions / labor unions within one company ”. settlement of disputes through mediation is carried out by a mediator who is in each agency office located in each district / city manpower office. within no later than seven working days after receiving a written request, the mediator must have conducted an investigation into the status of the case and immediately hold a mediation hearing. in this case http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 137 an agreement is reached to settle industrial relations disputes through mediation, a collective agreement is signed by the parties and acknowledged by the mediator and is registered at the industrial relations court at the state court where the parties enter into a collective agreement to obtain a proof of registration deed. the industrial relations court is a special court whose task is to resolve disputes / disputes between entrepreneurs or a combination of employers and workers / laborers or workers / labor unions because of disputes over termination of employment and disputes between trade unions / labor unions in one company. settlement of disputes through the industrial relations court in law number 2 of 2004 is regulated in article 81 to article 115. the industrial relations court is a special court within the general court environment. it is called special court because it has special characteristics in terms of: a. limited or special powers b. there are ad-hoc judges c. the existence of special rules (les specialis), such as legal counsel, filing a lawsuit, procedural law, examination, settlement period, court fees, and legal remedies in terms of resolving industrial relations disputes, the industrial relations court is given the authority to examine and decide on the following matters: 1) the first level concerns rights disputes 2) at the first and last level regarding disputes over interests 3) at the first level, it concerns termination disputes 4) at the first and last level regarding disputes between trade unions in one company application of sanctions the government has issued a minister of manpower regulation concerning procedures for imposing administrative sanctions on wages. the regulation, which was enacted and promulgated on june 6, 2016, contains four chapters which are divided into 41 articles. included that are regulated are the types of administrative sanctions that can be imposed on business actors who violate the wage pp. administrative sanctions that can be given are in the form of a written warning; restrictions on business activities; temporary cessation of part or all of the means of production; and freezing of business activities. a written warning is a written warning of a violation committed by an entrepreneur against the laws and regulations governing wages. limitation of business activities is the limitation of production capacity in the form of goods or services within a certain time and / or a delay in granting business licenses in one or several locations for companies that have projects in several locations. temporary cessation of part http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 138 or all of the means of production means not operating part or all of the means of production in the form of goods or services within a certain time. freezing business activities means stopping the entire production process of goods and services in a company within a certain time. there are six violations that can be subject to administrative sanctions: a. not paying religion to workers / laborers, b. do not distribute to workers / laborers, c. does not compile and does not inform all workers / laborers., d. do not pay wages until past the period of time, e. does not comply with the obligation to pay a fine, f. deduct wages by more than 50 percent of each wage payment received by workers / laborers. administrative sanctions are given based on the results of the inspection by the officer. the results of the examination are written in an examination note. labor inspectors submit reports of non-compliance with employers who do not carry out inspection notes to relevant officials such as the director general of labor inspection at the ministry of manpower and the head of the provincial manpower office. then, the director general or head of service recommends the authorized official to impose administrative sanctions. administrative sanctions for violations of the payment of the holiday allowance in the form of a written warning and restrictions on business activities. written warning is given once within a maximum period of 3 calendar days. entrepreneurs who do not fulfill their obligations until the end of the written warning period may be recommended to be subject to administrative sanctions in the form of restrictions on business activities. the business activity restriction applies until the entrepreneur has fulfilled the obligation to pay the holidays allowance. entrepreneurs who do not carry out their obligations until the end of the period of sanctions for temporary suspension of part or all of the means of production may be recommended to be sanctioned with freezing business activities. the imposition of administrative sanctions does not eliminate the obligation of employers to pay fines for late payment of wages and interest as regulated in statutory regulations. minister of manpower regulation also regulates administrative sanctions for violations of the payment of fines. employers who violate the provisions of work agreements, company regulations or collective working agreements due to their deliberate intent or negligence will be subject to fines if they are strictly regulated in work agreements, company regulations or collective working agreements. entrepreneurs who are subject to administrative sanctions and have fulfilled their obligations must notify the official giving the sanctions. then the official lifted the administrative http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ ijccs, vol.x, no.x, july xxxx, pp. vol. 17 no. 2 2021 yurisdiksi jurnal wacana hukum dan sains universitas merdeka surabaya this work is licensed under a creative commons attribution-sharealike 4.0 international license 139 sanction based on the recommendation from the ministry or the agency that held government affairs in the local manpower sector. article 40 permenaker regulates administrative sanctions for violations of the provisions on the structure and scale of wages do not apply to entrepreneurs who have not prepared and expected the structure and scale of wages until the set period. referring to article 63 letter b of the wage pp, entrepreneurs who have not yet compiled and implemented a wage structure and wage scale are required to prepare and apply a wage structure and scale based on the wage pp and attach it to the application for a maximum of two years from the enactment of the wage pp. 4. conclussion every worker is still entitled to the right to holiday allowances because the government through the ministry of manpower emphasizes that the provision of holiday allowances to workers / laborers is still carried out in accordance with the provisions of the prevailing laws and regulations. in addition, if the company is unable to pay the hari raya allowance in full or is unable to pay holiday allowances at all to workers on time, the company can pay the hari raya allowance in stages or at other times based on the agreement between the company and the worker, provided that pending payment of the hari raya allowance must be paid in 2020. the affirmation of the company's obligation to pay the hari raya allowance in the midst of the covid19 pandemic is contained in the circular of the minister of manpower no. m / 6 / hi.00.01 / v / 2020 concerning the implementation of 2020 religious holidays allowances in companies during the corona virus disease 2019 (covid-19) pandemi legal measures for workers who do not have the right to holiday allowances in the midst of the covid-19 pandemic include bipartid and mediation efforts. then if the mediation point does not find a solution, then a lawsuit can be filed through the industrial relations court. refferences kahfi, a. 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(2008). batasan tanggung jawab direksi atas kerugian perusahaan. jurnal dinamika hukum, 8(1), 21–28. peraturan menteri tenaga kerja no. 6 tahun 2006 tentang tunjangan hari raya kemerdekaan peraturan menteri ketenagakerjaan republik indonesia no. 6 tahun 2016 tentang tunjangan hari raya keagamaan bagi pekerja atau buruh undang-undang dasar negara republik indonesia tahun 1945 undang-undang nomor 13 tahun 2003 tentang ketenagakerjaan undang – undang nomor 2 tahun 2004 tentang penyelesaian perselisihan hubungan industrial http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/