bluuebunny/crossref_metadata_2025 huggingface dataset:
Peranan Notaris Dalam Pengikatan Agunan Dengan Hak Tanggungan (Studi Kasus Pada KSPPS BMT Bahtera Kota Pekalongan)
Authors: Mushaffa Muhammad Zaky , Hanim Lathifah
Published: October 2020

ABSTRAK Penelitian dengan judul ”Peranan Notaris dalam Pengikatan Agunan dengan Hak Tanggungan (Studi Kasus pada Koperasi Simpan Pinjam dan Pembiayaan syariah BMT BAHTERA Kota Pekalongan)” bertujuan untuk mengetahui peranan notaris dalam Pengikatan Agunan dengan Hak Tanggungan benda tak bergerak, hambatan dan solusi dalam pelaksanaan pengikatan hak tanggungan serta akibat hukumnya bila dilakukan tidak di depan notaris.Penelitian ini menggunakan pendekatan Yuridis Empiris, yaitu penelitian hukum dengan cara pendekatan fakta yang ada dengan jalan mengadakan penelitian kemudian dikaji dan ditelaah berdasarkan peraturan perundang- undangan yang terkait sebagai acuan untuk memecahkan masalah.Berdasarkan penelitian yang Peneliti lakukan, menghasilkan pada pokoknya (1) Peran notaris dalam pengikatan agunan benda tak bergerak sangat penting, merujuk pada pasal 15 ayat (1) UUHT yang menentukan bahwa Surat Kuasa Membebankan Hak Tanggungan (SKMHT) wajib dibuat dengan akta notaris atau akta PPAT (2) Hambatan-hambatan yang terjadi dalam proses pengikatan agunan dengan hak tanggungan dapat dipetakan dalam dua tahap yaitu tahap sebelum pengikatan, pada umumnya terkait dengan pemberkasan persyaratan pengikatan seperti dari identitas diri para pihak, obyek jaminan, dan kewenangan bertindak para pihak dan tahap setelah pengikatan, pada umumnya terkait dengan sikap debitur dan proses pengikatan pada Badan Pertanahan Nasional setempat(3) Akibat Hukum Pengikatan Agunan Apabila Tidak Dilakukan Di Hadapan Notaris antara lain: a). perjanjian yang dilakukan kehilangan otentisitasnya sebagaimana tertuang dalam  Pasal 16 ayat (8) UUJN, mengakibatkan akta tersebut tidak dapat didaftarkan, sehingga merugikan para pihak khususnya pihak Koperasi b.Selaku penerima Hak Tanggungan jika pembebanan jaminan Hak Tanggungan dilakukan dibawah tangan maka kreditur tidak mendapat kedudukan yang diutamakan (droit de preference), c. bila terjadi wanprestasi, jaminan tidak dapat langsung dieksekusi, d.pembuktian terhadap akta yang dibuat tersebut tidak berlaku pada pihak ketiga, sehingga penyelesaian yang bisa ditempuh hanya melalui penyelesain secara kekeluargaan, e.dalam hal tertentu, mempengaruhi motivasi anggota pembiayaan untuk memenuhi prestasinya dengan baik. Kata  kunci :  Perjanjian, Notaris, Hak Tanggungan
TINJAUAN YURIDIS PRAKTEK PEMBUATAN AKTA NOTARIS DALAM HAL PENGHADAP MENGHADAP DALAM KURUN WAKTU DAN TEMPAT YANG BERBEDA
Authors: Mawartiningsih Anny , Maryanto Maryanto
Published: October 2020

Research on "Judicial Review of the Practice of Notarial Deed Making in the Facing Facing in Different Time and Place" aims to know and analyze the provisions or rules in authentic deed making by Notary in accordance with the applicable Law, the practice of making the deed in the case of confronting facing in, different time and place, and the validity of deeds made in, respects in different times and places. The approach of this study is sociological jurisdiction and data collection through literature study, observation and interview. Data analysis is done qualitatively.The provisions or rules in the authentic deed making by a notary shall in essence comply with the provisions of Articles 1867 and 1868 of the Civil Code, that authentic deeds as written evidence in the form as prescribed by law shall be made by or in the presence of a notary publicly authorized to manufacture an authentic deed in the place where the deed is made. In the making of authentic deed by the notary, the legislation referred to is the Law of Position Notary (UUJN). This is in accordance with the provisions of Article 1 to 7 of Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position stating that the Notary Deed hereinafter referred to as Deed is an authentic deed made by or in the presence of Notary by form and procedures specified in the Law of Notary (UUJN). The practice of making the deed in the case of face-facing, different time and place occurs because of the reason for its practicality due to the limited time confrontation and / or the existence of the interest that can not be abandoned. In addition to the mutual trust of the parties so that hand over the aktanya management to other parties. The validity of a deed made in respect of faces facing different times and places is authenticated as an authentic deed as long as the deed is made in a notarial position and read and signed in the presence of the parties with at least two witnesses present, unless the parties wish the acts are not read out. If it is not met or the signing is done in different time and place then the deed has legal force as deed under the hand.Keywords: Notarial Deed, Encounter, Time and Place
PERAN NOTARIS DALAM AKTA PENGIKATAN GADAI AKIBAT HUKUM WANPRESTASI TERHADAP AKTA PENGIKATAN GADAI DI PT. PEGADAIAN (Persero) DALAM PERSPEKTIF TUJUAN HUKUM
Authors: Purwanto Purwanto , Sukarmi Sukarmi
Published: October 2020

This study aims to determine and analyze the role of notary in the process of making pawn bonding deeds in PT. Pegadaian (Persero); knowing and analyzing the consequences of legal wanprestasi against pawn bonding deed in PT. Pegadaian (Persero) in the perspective of law objectives, as well as to describe the solution in overcoming the debtor's default.The method used in this study is the method of normative juridical approach that emphasizes the decomposition and interpretation of data associated with the rules of law or doctrines namely the Book of Civil Law, Government Regulation No. 103 of 2000 on the Public Corporation Pawnshops.The result of this research is that 1) The role of notary in binding process of guarantee of pawn with fidusia notary system does not come into play directly but the product produced by a notary is indispensable, so that later can be used as document to anticipate things unwanted by the parties, by first entering into the mortgage agreement as the principal agreement while the bond agreement binding agreement with the fiduciary system in PT. Pegadaian (Perero) is merely an accesoir agreement of the principal agreement of credit agreement. After the signing of the credit agreement, it is followed by the signing of the guarantee bailing and the delivery of collateral from the debtor to the creditor. However, in the pawn bond agreement with the fiduciary system, the guarantee goods remain controlled by the debtor to be treated, stored and used as well as possible while PT. Pegadaian (Persero) as the creditor only keeps Proof of Ownership of Motor Vehicle owned by debtor, 2) Effect of law of wanprestasi in agreement of pawn binding through fiduciary system in perspective of law objective at PT. Pegadaian (Persero) is that the juridical object of mortgage guarantees is in the power of creditors but because it uses fiduciary system then PT. Pegadaian (Persero) allows the debtor to control the guarantee items to be treated, stored and used, but if the debtor wanpretasi then the PT. Pegadaian (Persero) may confiscate collateral goods from the debtor party but by first sending a warning or a reprimand letter with the criteria approved in the previous credit agreement and 3) Solution to overcome the debtor wanprestasi in pawn bond agreement in fiduciary system at PT. Pegadaian (Persero) then it can be done by checking and visiting the debtor's home to know the condition of the collateral whether it is still in place of the debtor or has been transferred to another party also to know the condition of the last assurance whether it is still as usual or there has been a physical change, which resulting in the selling price down and so forth.Keywords: Notary Role, Default, Deed of Pawn License
PERAN PPAT DALAM PENYERAHAN FASILITAS UMUM DAN FASILITAS SOSIAL OLEH PENGEMBANG PERUMAHAN KEPADA PEMERINTAH KOTA SEMARANG
Authors: Sadewa Yunianto Wahyu , Hafidz Jawade
Published: October 2020

Submission of location permit is required in the provision of social facilities and public facilities. Licensing is a unified process in the housing that is from the beginning to the management stage. The research that the author did in the city of Semarang, Central Java province. The research method applied in this research is the sociological juridical approach.The results of this study are: The role of PPAT has not been directly due to the formation of regulations from the central government and in the city of Semarang has not involved PPAT in the formation of Regional Regulations Semarang City. Factors affecting PPAT in the delivery of public facilities (fasum) and social facilities (fasos) to the Government of Semarang City, the pre-transaction stage where the developer must already have all the relevant licensing in the pre-transaction process until after / after the transaction developer must providing all social facilities and social facilities as promised during the first bidding process. Legal consequences with future PPAT role is expected to provide infrastructure and facilities from initial procurement to delivery based on the principles of openness, accountability, legal certainty, written warning. Suggestion from this research is for PPAT should the process of procurement and management of public facility (fasum) and social facility (fasos) is arranged pursuant to agreement of sale and purchase agreement (PPJB), for Government of Fasum and Fasos which have finished development process should be submitted from the developer to Government so that the responsibility for the management of public facilities and fasos is in the government, and for the National Land Agency (BPN), there must be a harmonious relationship between PPAT and the Land Office as an equal partner.Keywords: Role of PPAT, Submission of Social Facility, Semarang City Government
PROBLEMATIKA HUKUM AKTA HIBAH ATAS TANAH YANG TIDAK SAH KARENA MELEBIHI BAGIAN TERKECIL AHLI WARIS
Authors: Ratnasari Ratnasari , Khisni Akhmad
Published: October 2020

A grant is a legal act of transfer of ownership that is deliberately given to another party. In Article 1682 of Civil Code states that the implementation of the grant is done by using an authentic deed. The finding of this research on the verdict of Klaten District Court no. 8 / Pdt. G / 2001 / PN.Klt, where the land grant with Grant Deed no. 387 / DLG / 23/1999 and Grant Deed no. 388 / DLG / 23/1999 dated 30 August 1999 which has been made by defendant I (Land grantee) is declared null and void because it is illegal (legal defect) and has no legal power to be used as evidence of land grant rights. The conclusion in this research is the consideration of the judge in civil suit case with case No.8 / PDT.G / 2001 / PN. Klt constituted by the Civil Code (BW) which states the Grant Deed No 387 / DLG / 23/1999 and the Grant Deed No. 388 / DLG / 23/1999 shall be declared to have no legal force and shall be void by law because they have no material evidentiary power.Keywords : Legal Problems, Authentic deed, The heir’s minimum right
AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN
Authors: Andriana Roeri , Abdul Chalim Munsyarif
Published: October 2020

Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The making of an authentic deed is required by law and regulation in order to create certainty, order and legal protection. In addition, the authentic deeds made by or before the notary are not only required by legislation, but also because it is desired by the parties concerned to ensure the rights and obligations of the parties. Notary became one of the general officials who provide services in the form of archiving files that have been done by the parties. What is meant by filing is to bind any legal acts committed by the parties in the notary's office. To achieve the objectives used legal juridical Normative research is the study of the law that focuses on the study of documents or bibliography, but to complement the data obtained from the study of documents or library then conducted field research, ie from the sources. Data analysis used is qualitative data analysis. Notary pursuant to Article 1 paragraph 1 of Law number 2 of 2014 concerning Position, Notary is a public official authorized to make authentic deeds and other authorities as referred to in this law. And still in Article 1 paragraph 13 UUJN (Position Notice Act) Protocol is a collection of documents that are archives of the state that should be kept and maintained by a notary. From the result of research and discussion it is concluded that rejecting protocol from other notary is not justified, because every notary must accept protocol from other notary it is stated in Notary Appointment Letter. Notary holder of the protocol shall only be responsible for securing state documents, submitting minas deed if necessary, in case of responsible criminal acts shall remain the notary making. It is stipulated in the Notary Office Law Article 65 that a notary, a substitute notary, a notary public official is responsible for every deed he has made even though the notary protocol has been transferred or transferred to the notary notary of the notary protocol. The rejection of the notary protocol is not an unlawful act, the unlawful act that exists in the notary profession is anything that is concerned with the product made by a notary (authentic deed). The supervision of a notary is conducted by the Minister by appointing the MPD (Regional Supervisory Council) in the case of notary protocol is the regional supervisory board to conduct reprentative and reprefentative supervision to impose administrative sanctions in the form of oral reprimands, written warning, dismissal, dismissal with respect and disrespect dismissal. Administrative sanctions are provided based on investigation team results, so MPW may impose sanctions on the notary who rejects the protocol.Keywords: Notary Public, Notary Protocol, Notary Supervisory Board.
PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)
Authors: Nor Cahyo Faizal Indra , Gunarto Gunarto
Published: October 2020

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.
PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM
Authors: Novita Sari Farida , Ma’ruf Umar
Published: October 2020

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary
IMPLEMENTASI KEKUATAN EKSEKUTORIAL TERHADAP HAK TANGGUNGAN DALAM RANGKA PENYELESAIAN KREDIT MACET BERDASARKAN AKTA YANG TELAH DIBUAT OLEH NOTARIS
Authors: Sundah Fadhilah , Hafidz Jawade
Published: October 2020

The mortgage right is one of the guarantee institutions in Indonesia that is often used in the provision of credit agreements whose arrangements are regulated in Law No. 4 of 1996 on Mortgage Rights. Against a non-performing loan, the mortgage holds stronger executorial strength compared to other guarantees in general. Registration of mortgages can only be done by the Land Acquisition Authority (PPAT) who has the authority as mandated by law with the establishment of a Deed of Assignment Rights (APHT) and registered by the relevant official to the National Land Agency (BPN) with the terms and times that have been determined as well.The existence of a bad credit is also caused by the debtor who has bad faith in installing the credit and expected a self-know system to know the financial history of debtors to the bank more thoroughly in conducting credit analysis. Keywords: The power of ekskutorial, mortgage rights.
PELAKSANAAN PERATURAN WALIKOTA PEKALONGAN NOMOR 35 TAHUN 2010 TENTANG SISTEM DAN PROSEDUR PEMUNGUTAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SERTA PERMASALAHANNYA DI KOTA PEKALONGAN
Authors: Ikayanti Ikayanti , Hafidz Jawade
Published: October 2020

One of the taxes levied by the district/city government is the right to land and buildings (BPHTB). Implementation in Pekalongan City based on Pekalongan Perwal No. 35 of 2010. As done in the implementation of Pekalongan Perwal No. 35 of 2010 in processed is a mandatory dishonesty, so that checks the location of objects subject to BPHTB and for taxpayers can not be given and adjusted with compulsory conditions tax.Keywords : Mayor Regulation and Customs Acquisition of Land and Building Rights
TINJAUAN TERHADAP PELANGGARAN KODE ETIK JABATAN NOTARIS DI KABUPATEN PURBALINGGA
Authors: Priyambodo Yogi , Gunarto Gunarto
Published: October 2020

An insufficient Notary only owning membership of law but also have to base on responsibility and carrying out of to be august of ethics and prestige. Role and of Notary of vital importance to traffic punish in society, therefore Notary have to earn to run its profession professionally have, high dedication to and also always hold high standing and its prestige by upholding code of ethics Notary. So that can run its duty better as steward of society, a professional have to run its occupation by harmonizing among owned membership by respect code of ethics profession. Ethics is norms, rules and conditions, which must fulfill by a group of one who is conceived of by circle of professional. Therefore, of vital importance to all Notaries to be able to more comprehend of that deed can be told as collision of code of profession. Ethics, how organizational effectiveness Notary Indonesia in giving construction to all Notaries in order not to happen things which harming Notary and served society it.Pursuant to the things hence problems to check in this research: A Violations code of ethics, barriers and solutions Violations of code of conduct, as well as the legal consequences violations of the code of ethics by notary in district Purbalingga.Approach method the used is approach of empirical yuridis and specification of which is used in this research have the character of analytical descriptive research. Pursuant to result of research can be concluded supervisory council area district Purbalingga which acts as watching and collecting facts about the society and finding relations to violation and board of trustees having authority fall of sanctions to offenders, barriers experienced in the form of inadequate infrastructure, while the legal consequences about moral judgment and ethics Notary itself.Keywords : Violation, Code of Ethics
PERANAN PPAT DALAM PEMUNGUTAN BEA PEROLEHAN HAK TANAH DAN BANGUNAN (BPHTB) ON LINE ATAS TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DI KOTA MAGELANG
Authors: Budi Chrissanni Yunita , Purnawan Amin
Published: October 2020

The research titled "The Role of Official Official Deed Officer (PPAT) in Collection of Land and Building Ownership Rights (BPHTB) Online on Land and Building Transaction in BPKAD Kota Magelang" to know how far the role of PPAT in PHTB collection and what obstacles and its solution in BPHTB collection on line in Magelang city.This research uses empirical juridical approach, in collecting data more emphasized on source of primary material, in the form of law and regulation, studying law norms and law science sera theory added by interview to the parties related to the problem in carefully.Based on the method, the research produces principally (1) the Land Actor (PPAT) as the Government Regulation Number 37 Year 1998 concerning PPAT Office Regulation and its implementation is stipulated in Regulation of the Minister of Agrarian Affairs / Head of National Land Agency Number 4 Year 1998 on Implementation of Government Regulation Number 3 In 1998, a general official as intended in Article 1868 of the Civil Code has the responsibility as a partner of the government in carrying out the BPHTB levy which in the Tax Payment of Land and Building Acquisition Rights (BPHTB) is regulated in Local Regulation of Magelang City No. 9 of 2010 on Customs Acquisition of Land and Building Rights (2) The obstacles that arise in the execution of Collection of Land Acquisition Rights of Land and Building (BPHTB) Online in Magelang city and what efforts are made to overcome obstacles is the tax value proposed by the taxpayer Not in accordance with INT (Land Value Index) y Which has been determined by BPKAD the solution regarding it is conducted survey of land and building location by BPHT object building by BPKAD, or taxpayer to clarify the value of BPHTB, if not found the solution to that matter then BPKAD use regulation of Mayor Magelang Regulation Number 7 of 2017 on Local Tax Service And Payment System On LineKeywords: BPHTB, On Line, PPAT
PERMOHONAN HAK MILIK YANG BERASAL DARI TANAH NEGARA DI KANTOR PERTANAHAN KOTA SEMARANG
Authors: Ilham Ilham , Djauhari Djauhari
Published: October 2020

The basic foundation for the government and the people of Indonesia to formulate the politics of law and the policy of land affairs has been contained in the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) which "earth, water and natural resources contained therein are controlled by the state and Used for the greatest prosperity of the people ". The problems in this research are: 1) Why is the request of Hak Milik coming from state land need a very long time? 2) What is the procedure or procedure of certifying Land Ownership from the State in Land Office of Semarang City? 3) What are the obstacles that arise in the process of granting Land title certificate that has been given by the state in the Land Office of Semarang City and how is the solution of the barriers?The approach method used in this research is sosiologis juridical approach method using qualitative descriptive data analysis method.The results of the research show as follows: 1) The application of the right to property derived from state land takes a very long time, In the petition contains information about the applicant, the description of his land which includes juridical data and physical data and other information in the form of information about the number of fields, And the status of the land owned by the applicant including the requested plot of land and any other information deemed necessary. 2) Procedures or procedures for granting land title certificate originating from the state in the Land Office of Semarang City, Rights Application, Applicant of land title certificate shall be divided into 4 categories: Right Receiver, Heirs, Land Owners, Owner of Land Rights Certificate Lost or damaged, Measurement and Registration of Rights, After the completion of the application file is filed and submitted to the Land Office, the subsequent process in the land office shall be the measurement, mapping and registration of its right, issuance of the Certificate, that the Land Rights Application is a process, The entry of the petition to the competent authority until the birth of the requested land. Before the land rights application enters the authorized institution, there is a process of preparation.Keywords: Right of Ownership, State Land, Land Office of Semarang City
ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015
Authors: Efa Rahmatika Wisda Rauyani , Khisni Akhmad
Published: October 2020

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary
PELAKSANAANuPERALIHAN HAKuATAS TANAHu BERDASARKAN HIBAHuWASIAT OLEHuPELAKSANA WASIAT BERDASARKAN PERATURANuPEMERINTAH NOMORu24 TAHUNu1997
Authors: Pamungkas Awal Candra , Djauhari Djauhari
Published: October 2020

Research on "Implementation of Land Rights Transition Based on Grants by Testament E ecuti es Based on Go ernment Regulation Number 24 Year 1997" aims to know: (1) How are the legal grounds for registration and transfer of ownership of land based on the grant of wills, (2) registration and transfer of ownership of land based on a grant of probate in Kendal District, (3) How practices, constraints and solutions in the transfer of land rights are based on a grant of probate in Kendal Regency.This research uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate as follows: (1) Fundamentally the concept of grants and testaments in the re iew of the  i il  ode defines grants and testaments solely as a ci ic relationship, while in khasanah study of Islamic Law interpreted as piety and ma'ruf. Thus, the concept of grants and testaments is  ery applicable when applied in the community of Kendal Regency, which is predominantly Muslim, (2) Land registration process in the Land Office of Kendal Regency has been done and in accordance with the procedures and requirements mandated in Go ernment Regulation No. 24 Year 1997 on Land Registry. Therefore, the purpose of land registration as intended in Article 3 PP No.24 of 1997 can be realized, (3) The implementation of registration of land rights in the district of kendal in relation to grants and wills goes well, starting from registration in PPAT to Office Land. Factors that hamper the registration process seem to be difficult because of misinformation, objections or objections from other parties, and brokering practices in the management of land registration that is still rife.Keywords: Grants, Testament, Registration and Transfer of Rights, Land Rights
PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL
Authors: Dwiyan Putra Yanuar , Wahyuningsih Sri Endah
Published: October 2020

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public
Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)
Authors: Sugiarto Yusup , Gunarto Gunarto
Published: October 2020

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.
Peranan Majelis Pengawas Daerah (MPD) Terhadap Pengawasan Pelaksanaan Jabatan Notaris Di Kabupaten Tegal
Authors: Bagus wibisono Dwikky , Ma’ruf Umar
Published: October 2020

AbstrakLembaga Kenotariatan adalah salah satu lembaga kemasyarakatan yang ada di Indonesia, lembaga ini timbul dari kebutuhan dalam pergaulan sesama manusia yang menghendaki adanya suatu alat bukti mengenai hubungan hukum keperdataan yang ada dan atau terjadi diantara mereka.Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris, spesifikasi yang digunakan dalam penelitian ini bersifat deskriptif analitis, teknik pengumpulan data ini menggunakan penelitian lapangan dan studi kepustakaan.Notaris sebagai pejabat umum dalam menjalankan jabatannya perlu diberikan perlindungan hukum, antara lain pertama untuk tetap menjaga keluhuran harkat dan martabat jabatannya termasuk ketika memberikan kesaksian dan berproses dalam pemeriksaan dan persidangan. Kedua, merahasiakan akta keterangan yang diperoleh guna pembuatan akta dan ketiga, menjaga minuta atau surat-surat yang dilekatkan pada minuta akta atau protokol Notaris dalam penyimpanan Notaris. Ketiga hal inilah yang menjadi dasar dalam Pasal 66 UUJN dalam hal pemanggilan Notaris untuk proses peradilan, penyidikan, penuntut umum atau hakim dengan persetujuan Majelis Pengawas.Kata Kunci: Majelis Pengawas Daerah, Pengawasan,Jabatan Notaris AbstractsThe Notary Institution is one of the existing social institutions in Indonesia, this institution arises from the needs in the association of fellow human who wants a proof of the relationship of civil law existing and / or occur between them.The approach method used in this research is empirical juridical, the specification used in this research is analytical descriptive, this data collection technique using field research and literature study.Notary as a general official in carrying out his / her position needs to be given legal protection, among others, first to maintain the nobility of dignity and dignity of office including when giving testimony and proceeding in examination and trial. Second, to keep secret deeds obtained for making the deed and third, to keep the minuta or letters attached to the Minutes of Notary or Notary's protocol in the Notary's depository. These are the basic principles of Article 66 of the UUJN in the case of calling a Notary to the judicial, investigative, prosecutorial or judicial process with the approval of the Supervisory Board.Keywords:  Regional Supervisory Board,Supervision,Notary Position
Politik Hukum Pemberian Kewenangan Kepada Notaris Untuk Membuat Akta Pertanahan Dalam Kaitannya Dengan Kewenangan PPAT
Authors: Kustiyah Sri , Hasrul Hasrul
Published: October 2020

AbstrakPolitik Hukum Pasal 15 Ayat (2) huruf f UUJN yang memberikan kewenangan kepada Notaris untuk dapat membuat akta yang berkaitan dengan pertanahan adalah dalam rangka terciptanya unifikasi jabatan antara Notaris dan PPAT sehingga seorang yang diangkat menjadi Notaris akan otomatis menjadi PPAT. Akan tetapi, keinginan ini belum bisa terlaksana akibat tidak adanya harmonisasi peraturan perundang-undangan yang mengatur kedua jabatan tersebut sehingga kewenangan-kewenangannya saling tumpeng tindih.Kata kunci : Politik Hukum, Kewenangan Notaris,  Akta Pertanahan, Kewenangan PPAT AbstractPolitical Law Article 15 Paragraph (2) letter f UUJN which gives authority to Notary to be able to make deed related to land is in the framework of the unification of position between Notary and PPAT so that a person appointed to Notary will automatically become PPAT. However, this desire can not be accomplished due to the absence of harmonization of legislation regulating these two positions so that their respective powers overlap.Keywords: Legal Politics, Notary Authority, Land Acts, PPAT Authority
The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus
Authors: Andriyanto Lucky Wahyu , Purnawan Amin
Published: October 2020

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line  is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks
Legal Protection To The Public Notary In Providing Information Before The Investigation
Authors: Dzaki Hanif , Hanim Lathifah
Published: October 2020

A Notary is a Public Officer authorized to make an Authentic Agreement which has other powers as regulated in UUJN or under any other Law. Authentic Agreement aims to be used as powerful or perfect evidence if there is any occurrence of a dispute between the parties or there is a lawsuit from the parties. The method used in this study was sociological juridical method with descriptive analytical research specification, while the data analysis method used qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection to the Notary in conducting a call by the investigator is conducted through the process in accordance with applicable legislation. Notary's call by the investigator shall be made with the prior approval of the Notary Honorary Council. It is as regulated in Article 66 UUJN. Other forms of legal protection that can be granted to a Notary are by supervision, attaching fingerprints and legal protection provided by the Indonesian Notary Association as the sole organization of Notary in Indonesia. Constraints faced by the Notary in executing summoning by the investigator are, the calling process which requires a long process and must be through the priority of the Notary Honorary Council in advance resulting in less effective time. So the solution is to conduct a more effective investigation by doing a good cooperation between the investigators, Notaries, Notary Honorary Council, and the Indonesian Notary Association.Keywords: Legal Protection; Public Notary; Agreement; Investigator
The Division Of Distributable Assets To The Non-Muslim Heirs Based On Compilation Of Islamic Law
Authors: Lestari Siska , Wahyuningsih Sri Endah
Published: October 2020

Inheritance issues are particularly vulnerable because they are related to total assets to be distributed to the heirs. This issue often occurs and ends up in court, especially concerning the issue of inheritance for non-Muslim heirs. Based on the Compilation of Islamic Laws, non-Muslim heirs are not entitled to the inheritance of the Muslims family. For non-Muslim heirs, this is very unfair, so it can cause disunity within the family. Islam prioritizes justice and prosperity, so that cases of non-Islamic heirs can be given alternative solutions by giving inheritance through a mandatory will (Wasiat Wajibah).Keywords: Inheritance; Non-Moslem Heir; Compilation of Islamic Law.
Juridical Review On The Instructions Of Governor Of Yogyakarta No. K/898/I/1975 On Uniformity Policy Of Land To The Granting Of A Non-Native Citizen
Authors: Ferbianto Frans , Ma'ruf Umar
Published: October 2020

The purpose of this study was to: 1) To determine and analyze the implementation of The Instruction of DIY No. K/898/I/1975 which makes it difficult to obtain a non-native citizen property rights of land in Yogyakarta. 2) To determine and analyze the correlation instructions for DIY Regional Head No. K/898/I/1975 with other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) The provision granting land rights to a citizen Non-Natives in the province based instructions for DIY Regional Head No. K/898/I/A/1975 are not allowed to own land both farm and nonagricultural land with soil status Rights Owned. If a citizen Non Natives acquire land with the right then obliged to waive that right and land rights apply to the Regional Head of DIY with a given the building right (HGB). 2) The provision granting land rights to a Non-Native citizen in the province based instructions for DIY Regional Head No. K/898/I/1975.Keywords: Judicial Review; Non-Native Citizen; Rights of Land
Notaris Law Protection Under The Civil Law In Law Number 2 Year 2014 Concerning Amendment To Law Number 30 Year 2004 Regarding Notary Position
Authors: Farah Farah , Gunarto Gunarto
Published: October 2020

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN