bluuebunny/crossref_metadata_2025 huggingface dataset:
TINJAUAN YURIDIS TENTANG PEMILIKAN RUMAH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA
Authors: Anggun Sutrisna Dhona , Gunarto Gunarto
Published: October 2020

Investment is the source of funds management activities at the present time with the aim of obtaining maximum profits in the future. In order to improve the country’s economic growth in Indonesia, the government took measures to attract capital from abroad by way of foreign investment. The method used in this research is normative with descriptive analytical research specification, whereas the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the arrangements regarding the ownership of residential home for foregners domiciled in Indonesia is the Law of the Republic of Indonesia Number 5 of 1960 on the Basic Regulation of Agrarian Principles ( BAL ) and the execution of the Indonesian Government Regulation Number 103 of 2015 on Housing Residential Dwelling Or By Stranger that domiciled in Indonesia. Procedures for settling disputes regarding ownership of residential home for foreigners domiciled in Indonesia resolved through litigation and non-litigation.Keywords : Investment, Foreigners, Home Shelter.
PRINSIP KEHATI-HATIAN BAGI NOTARIS/PPAT DALAM MENJALANKAN TUPOKSINYA DALAM UPAYA PENCEGAHAN KRIMINALISASI BERDASARKAN KODE ETIK
Authors: Saputra Denny , Wahyuningsih Sri Endah
Published: October 2020

This study aims to determine 1) how the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on Code of Conduct, 2) What factors become obstacles for Notary / PPAT in carrying out its position and 3) What if Notary / PPAT is subject to Code violation until criminalization occurs The problem approach used is the normative juridical approach.The result of this research is that the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on code of ethics that a Notary must always implement the principle of prudence as an effort to prevent criminalization based on code of ethics related to responsibility both civil, Administration, code of ethics of notary and criminal law, then the factors that become obstacle for Notary / PPAT in carrying out their position related to the principle of prudence is the information given by the parties that facing may not be in accordance with the actual and Notary / PPAT in running His duties and positions are subservient to the NOtaris Office Law. Therefore, if a Notary commits an offense in performing his duties and positions, until the criminalization of Notary is threatened with sanctions as stated in UUJN. Sanctions against a Notary are categorized into 2 (two), namely civil sanction in the form of reimbursement of costs, compensation, and interest is the result that will be received by Notary on the demands of the tapers if the deed concerned only has the power of proof as deed under the hand or deed becomes null for the sake of law. Notary also still have to face the threat of sanction in the form of ethical sanction if Notary do violation to code of ethic of Notary, and even can be sentenced to criminal sanction in case of criminal violationKeywords: Notary, Prudential Principle
PERAN DAN TANGGUNG JAWAB NOTARIS TERHADAP PELAKSANAAN PENDAFTARAN BADAN HUKUM PERSEROAN TERBATAS MELALUI SISTEM ONLINE
Authors: Permatasari Erina , Hanim Lathifah
Published: October 2020

The aims of this research were to looking for and analyzing: 1) Company registration procedure by online sysem, 2) Notary’s role and responsibility in the company registration by online system, if had error inputing data, 3)  the law effect of notary’s role and responsibility if had been error inputing data, from UU ITE sight and 1365 KUHPerdata chapter sight. Data using was primary data, secoundary and tersier as supporting data, and then analized by quantitative-descriptive methode.Based on nalizing result had some conclusion that: 1) Registratin company procedure by online system that in generally beginning from company name order and been follow up with making the companies act as the SABH forms in electronics by notary. If the data input was complete and right also had been agree by Law and human Right Ministery so been had Decission Letter of law entity legalacyby Minister. 2) Role of the notary in company registration with online system was since client ask to registration the company until Decission Letter of law entity legalacyby Minister was out. The notary responsibility if done guilty like error inputing data, no related with UU ITE because no chapter about, but with 1365 BW chapter where doing of error inputing data was harming another person so hane to re the harmed with repairing the data and make act changing. Keywords: Notary, Company Resgistration, Online
Pertanggungjawaban Notaris Yang Melakukan Perbuatan Melawan Hukum Dalam Pembuatan Akta Autentik
Authors: Suhardini Aprilia Putri , Sukarmi Sukarmi
Published: October 2020

ABSTRAKNotaris adalah pejabat umum yang berwenang membuat akta autentik dan memiliki kewenangan yang lainnya sebagaimana dimaksud dalam Undang-Undang jabatan Notaris atau berdasarkan Undang-Undang lainnya. Dalam Pasal 16 Undang-Undang Jabatan Notaris disebutkan bahwa salah satu tugas Notaris adalah bertindak jujur dan amanah dalam menjalankan jabatannya. Namun dalam praktiknya banyak Notaris yang dipanggil pengadilan untuk mempertanggungjawabkan akta autentik yang dibuatnya karna mengandung unsur melawan hukum. Tindakan Notaris tersebut tidak sesuai dengan peraturan perundang-undangan dan Kode Etik Notaris dan telah menimbulkan kerugian kepada banyak pihak.Kata Kunci: Notaris, Akta Autentik, pertanggungjawaban, melawan hukum.ABSTRACTNotary is a public official authorized to make an authentic deed and has other authority as referred to in the Law of Public Notary or other Law. Article 16 of the Notary Law is mentioned that one of Notary's duties is to act in an honest and trustful manner in carrying out his / her position. In practice, however, many Notaries are summoned by the courts to account for the authentic deeds they make because they contain elements against the law. The act of Notary is not in accordance with the laws and the Notary Code of Ethics and has caused loss to many parties.Keywords: Notary, Authentic deed, Accountability, Againts the law
Disputes Settlement To The Measured Object Of The Returns Border Of National Land Agency Against A Neighbor's Boundary Objects In Tegal
Authors: Rifai Mohammad Irfan , Mashdurohatun Anis
Published: October 2020

The land has an important role in human life because it is completely cannot be separated from land. The issue of the disputes of land boundary may cause a difference of opinion; the value of the interest regarding the layout, borders and vast areas of land that is recognized is the most issue that appears frequently in the Office of land Bordering Counties. The method of the approach that is used in this study is the juridical sociological approach. This approach was conducted to understand the law in the context of the society is a non-doctrinal approach. Through this approach, the object of the law will be meant as part of the social subsystem between the subsystems of the social subsystem-other dispute resolution borders against the border returns object, in the form of legal protection, for misusing of the follow- the Government is due to gross negligence at the time of measurement wide plots of land for the creation of a letter, then the measurement of legal protection used is the preventive protection of the law, the role of the national land Agency Chief Rules Based BPN No. 3 Of 2011 is about the management and treatment of Cases of land. The agreement or the consent of the parties concerned is essential in the framework of the implementation of dispute settlement returns the border of land ownership.Keywords: Returns the Border; National Land Agency; Dispute Resolution.
Due To Legal Marriage Without Married Agreement Relating To The Existence Of Bankruptcy
Authors: Bachtiar Reza Fahlevi , Ma'ruf Umar
Published: October 2020

The problems that will be answered in this study are grouped into two, about how the legal consequences of marriage, held without mating agreement with the bankruptcy, and how the legal standing of the assets of the debtor spouse to mate without mating agreement after bankruptcy. The method used in this research is the empirical jurisdiction. The legal consequences of marriage, held without mating with their bankruptcy agreement is legally valid as the bankruptcy of the husband or wife of the bankrupt debtor. The separation between the property along with a personal wealth does not necessarily separate due to the bankruptcy imposed on married couples who enter into marriage without mating agreement as well as the marriage held by mating or separation agreement treasure. The legal position of property the debtor spouse into marriage without the agreement having been declared bankruptcy mating separated into two parts, namely the unity property and personal possessions. Husband or wife treasure the bankruptcy debtor entered into treasure union declared legally bankrupt as a result of participating bankruptcy imposed against the partner.Keywords: Effects; Marriage; Marriage Agreement; Bankruptcy.
Legal Protection Of Heirs Testamenter To Testament Agreement Which Not Registered (Case Study Testamenter Without Heirs)
Authors: Prima Erdian Amalia Putri , Cholil Arief
Published: October 2020

Law of inheritance only happens because the person died. In BW there are two ways to get wealth, that is: as heirs according to the provisions of law and as a person appointed in the will. What is meant by the will itself according to Article 875 BW is an agreement that make statements about what he wished someone would happen after he died, and that by her to pull back. In general, people make a will before a Public Notary. According to article 1 paragraph 1 of Act No. 2 of 2014 concerning On Notary (now referred to UUJN). Notary is a public official who is authorized to make authentic agreements and other authorities referred to in the Act, where each testament must be shaped agreement in order to obtain certainty law as an authentic agreement binding. With the creation of the will meant that the parties can understand and be able to know the basic result of the offense can be arranged so that the interests of the concerned receive proper protection as known by the Notary.Keywords: Inheritance; Heir; Testament; Authentic Agreement
Responsibilities Of Notary In Tradding And Purchase Agreement (PPJB) In Semarang
Authors: Rizki Andini Febrika , Ma'ruf Umar
Published: October 2020

This study discussed how to be the responsibility of Notary to the authentic agreement making, which studied further is the Agreement of Tradding and Purchase Agreement. This study used sociological juridical analysis approach, with data obtained through literature and interviews, then the data were analyzed qualitatively. From the result of this study, it is agreed that the duties and authority of Notary by making a personal agreement which has been formed in Article 15 of Act No.30 Of 2004 concerning Notary Position. In this case, the notary is responsible for all agreements he/she has made. Agreement PPJB is made for the introduction and as a legal bridge to conduct the next legal screening, namely Agreement of Tradding and purchase to be read and signed in the vicinity of Notary. PPJB shall be made on the basis of the parties' persecution and prevention of default from either party. Because the Agreement of PPJB is an authentic agreement and made by or in the presence of a Notary then by itself the agreement becomes notary agreement. The power of its protection corresponds to the frequency of authentic agreements. The suggestion that can be given from this study is to further manage the Tradding and purchase agreement in Regulation, especially for the land issues. So that all parties used the Tradding and purchase agreement as engagement can be more secured.Keywords: Responsibility; Notary; Tradding and Purchase Agreement (PPJB).
Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement
Authors: Ambarawa Edi Adi , Djauhari Djauhari
Published: October 2020

This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.
Execution Of Rights Under The Designation Of Liability By Auction Of State Court Of Pekalongan
Authors: Muspiyanto Eka Hendra , Gunarto Gunarto
Published: October 2020

This researchaims to determine how the execution Encumbrance through an auction to be determined by the District Court of Pekalongan and what weaknesses and execution Mortgage solution through an auction to be determined by the District Court of Pekalongan. Mortgage execution through an auction based on the determination District Court of Pekalongan held upon the request of the winning bidder. Request execution Mortgage by auction by the auction winner made after terlelang not willing to vacate voluntarily execution object. Mortgage weakness execution through an auction based on the determination that the District Court Pekalongan there are two opinions on the application process execution Encumbrance through an auction to be determined by the District Court if there is a lawsuit against the object of the auction following the application execution. The first opinion the petition can still be processed until the issuance of the determination of the District Court. The second opinion request for execution should be delayed pending completion of a lawsuit against the auction object. This is due to the absence of explicit provision governing the execution Mortgage application process through the auction in case there is a lawsuit in the execution object, especially if there is a lawsuit against the object of execution in case the application execution has been carried out. Similarly, in the case of the emergence of a lawsuit before the application for execution is done. Whether the execution can be carried out or not. This gives rise to a variety of opinions that may be detrimental to the winning bidder. For it should be no explicit provision governing the execution Mortgage application process through the auction in case there is a lawsuit in the execution object other drawback is the resistance of the current terkesekusi will be executed.Keywords: Execution; Mortgage; Auctions; Determination.
The Responsibility of Public Notary in Case of Ethical Code Violation
Authors: Sofwan Syukron , Purnawan Amin
Published: October 2020

This study aims to find out the responsibility of public notary and the legal consequence in case of ethical code violation by public notary. This research used empirical juridical method, with analytical descriptive research specification. The data have been analyzed qualitatively in describing the research problem. The result is done by taking the conclusion result deductively. The results of the research are: 1) the responsibility of public notary is obeying the ethical code. Ethical code is a moral guidance or direction for a particular profession or a list of responsibility in carrying out a profession composed by members of the profession itself and bidding them in practice. The punishment is organically applicable when the public notary violates professional ethical code as a guideline made by the professional organization. 2) the legal consequences in case of ethical code violation by public notary is a) in term of obedience,  morality, and religion and based on conscience, it should be done by a public notary who holds and carries an honor position especially as a trustee. b) violations done by public notary against professional manner which have been recorded or regulated which have been arranged in written and binding and must be obeyed by all members of professional group and for those who violate the rules will get sanctions; c) the public notary who violates the ethical code as determined in legal constitution are accomplished based on the provision, so that the legal assurance of public notary’s profession are more guaranteed.Keywords: Responsibility; Public Notary; The Violation Of Ethical Code.
The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon
Authors: Rakhman Arif , Hafidz Jawade
Published: October 2020

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.
A Juridical Review of The Sultanate Lands and Villager Land Under The Governor Regulation Number 32 of 2007 on The Use of Villager Land After The Enactment of Act No. 6 of 2014 on Village
Authors: Dwi Kuncoro Damar , Purnawan Amin
Published: October 2020

The background of this research was the issuance of Act No. 6 Of 2014 about the Village. In one of its provisions contains the wealth of the village in the form of land certified on behalf of the Village Government. While the status of Villager Land in the Special Region of Yogyakarta is the land of the Sultanate. The research aimed to get an explanation of the status of Villager Land and to know the legal consequences that will arise with respect to the utilization of the Sultanate land associated with the Villager Land after the enactment of Act No. 6 of 2014, when associated with the Provincial Governor Regulation No. 34 of 2017 on Utilization of Villager Land. This research used sociological juridical approach (primary data) and direct interviews to the community in Sleman Yogyakarta (secondary data) and literature study. The result of the research shows that with the enactment of the Yogyakarta Governor Regulation, the Villager Land that comes from the right of anggaduh (Javanese Lng.) and the substitute land has been certified on behalf of the Village Government for the transfer of rights to the property of the Sultanate. Determination of the Sultanate as a Legal Entity which can become the subject of land ownership resulted in a change of status of the Sultanate institution to be equivalent to the private Legal Entity. The consequences of such changes resulted in changes in the management of the Sultanate land and the burden of obligations and responsibilities that must be met by the Sultanate for the management of the Sultanate land.Keywords: Juridical Review; Sultanate land; Villager Land
Executing Public Notary Officials Role In Making Cooperative Agreement
Authors: Pratama Fani , Khisni Akhmad
Published: October 2020

True cooperative is a business entity that stands based on family rules, in Indonesia cooperative stand up and walk before the independence of Indonesia. First it was a banking company in Purwokerto, Central Java founded by Raden Aria Wiria Atmadja aided and forwarded by a Resident De Wolf Van Westerorde using cooperative system is not running because it is considered more pro natives. Trip the cooperative development of the pre and post-independence Indonesia severely affected the economy of Indonesia. Development side by side with other economic system, cooperatives perceived need of the legality of the law in all of their business activities. The legality of a cooperative is the agreement of establishment of cooperatives. A public official who has the authority to make the authentic act is a notary.Keywords: Cooperative, Agreements, Notary.
The Implementation of Determination of Duty on the Acquisition of Land and Building Right (BPHTB) on the Land or Building Sale and Purchase in Pekalongan City
Authors: Hogantara Yodha Dhia , Ma'ruf Umar
Published: October 2020

Regional taxes and regional retributions are one of the important sources of regional income to finance the implementation of regional governance. Both taxes and retribution are the source of regional income as mentioned in Law Number 28 year 2009 on Duty of the Acquisition of Land and Building Right (BPHTB). Pekalongan City has been managing Duty of the Acquisition of Land and Building Right since 2012. In the implementation of collecting tax and retribution management in Pekalongan City, it shows that there are still problems cause the target of BPHTB revenue to be hampered in the early years of the transition. This study aimed to find out and to describe the implementation of the determination of payment of duties on the acquisition of land and or building rights (BPHTB) for the sale and purchase of land and or buildings in Pekalongan City.This research used normative juridical approach. The data sources were obtained from primary and secondary data sources. The focus of this research was the implementation of the determination of the payment of duties on the acquisition of land and or building rights (BPHTB) for the sale and purchase of land and or buildings in Pekalongan City.Keywords: Taxes, Regional Taxes; Duty of the Acquisition of Land and Building Right.
Analysis of The Marriage Treaty and Legal Approach Due Judging from The Draft of Civil Code
Authors: Azami Takwim , Khisni Akhmad
Published: October 2020

The continued development of the situation in society at large prospective marriage couples who decided to make a marriage agreement. This is because both the men and women capable of generating wealth each and there are many other reasons why it made a pact to marry. Mating agreement is the agreement made by two people (prospective husband and wife) before marriage. Mating Agreement provided for in article 29 of Act No. 1 of 1974 marriage but with the birth of the constitutional court's decision No. 69 / PUU-XIII / 2015 there are some changes in the Marriage Covenant which is still a Pro Cons in society. The problems examined in this study is: how marital agreement in terms of the book of Civil Law. The method used is a normative legal approach. Source materials used law is the source of primary legal materials and sources of secondary legal materials such as books and law legal materials collection techniques performed by the document study reading and studying the legislation regulations. The analysis of legal materials in this study, conducted by processing and analyzing qualitative and descriptive poured. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act including the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016.Keywords: Marriage Agreement; Effects; Legal Approach
The Implementation Of Act No. 42 Of 1999 On The Agreement Associated Fiduciary Guarantee Made By The Notary In Kudus
Authors: Budi Santoso Febriyan , Gunarto Gunarto
Published: October 2020

The purpose of this study (1) To analyze whether the fiduciary Agreement of Notary in Kudus which implemented the Act No.42 Of 1999 on Fiduciary (2) to analyze What barriers and solutions for Notary in Kudus in practicing the implementation of a credit agreement with fiduciary Agreement he made. Juridical approach method performed empirically, that is an approach which is conducted to analyze the extent to which a rule of law or the law being applied effectively.[1] Discussion of the results showed that (1) fiduciary Agreement of Notary in Kudus what is already implementing Act No.42 Of 1999 on Fiduciary (2) barriers and solutions for Notary in Kudus in practice the implementation of a credit agreement with a fiduciary warranty Agreement made.Keywords: Notary Agreement; Implementation; Agreement of Fiduciary.[1] Soerjono Soekamto 1982 Pengantar Penelitian Hukum UI Jakarta Page 52
Responsibility of Notary in The Making of Agreement Which Impacted to The Credit Loss in Bank Mega Branch of Kudus
Authors: Sujatmiko Totok , Abdul Chalim Munsharif
Published: October 2020

Notaries are defenders of truth and justice so that law enforcement officials must carry out in good faith and sincerity, so that the legal profession is an honorable and noble profession (officium nobile). The number of notaries make increasingly tight competition between the notary and the notary sometimes make less cautious in their profession. The paper concludes that the Notary responsible for what was witnessed, which is seen, heard and done by notaries as public officials in the run position. Notaries are not responsible if any proofs and documents that are not true of the applicant.Keywords: Notaries; Agreements; Identity.
Registration of Transfer Grant of Rights to Land According to Customary Law as Well as The Role of The Notary / PPAT in Wonossalam, Demak
Authors: Setyowati Abadi Rini , Sulchan Achmad
Published: October 2020

The transition of land rights for the grant must be conducted through the procedures in accordance with the provisions occured for the transition of land rights for the grant must be registered at the land office to obtain legal certainty in the form of a certificate, so that the land status would be clear. In practice, in the district Wonossalam-Demak are still many people who do grant without going through legal procedures that have been set and raises difficulties on many fronts for legal certainty on the grant agreement. This study aims to determine and analyze the role of notaries in the implementation of transitional registration of land rights because the grant. Notary entitled to be responsible if something happens on the issue of the agreement for him, the responsibility it be liable in peridana, civil, code of conduct, and administration.Keywords: Registration, Transfer of Rights To Land, Customary Law.
Transfer Of Functions Of Agriculture To Non Agriculture Land Under Government Regulation Number 1 Of 2011 Concerning The Establishment And Transfer Function Of Agricultural Land Sustainable The Food
Authors: Fawaizah Indana , Mashdurohatun Anis
Published: October 2020

In this study concluded that: Implementation of agricultural land conversion to non agriculture through several stages, namely: a. The applicant submits the application permit conversion of land attached with the above requirements. b. Setting and Planning Section of Land examination whose results land noted in the minutes of technical considerations arrangement of land. c. The committee did Meetings  Land  examination, the results are set forth in the Minutes for consideration demolition permit over the land / Land Use Change Permit (IPPT) by the Head of the Land Office. d. Issuance of land conversion permits Decree (SK Land Use Change Permit). e. Delivery of the Decree of the land conversion permit (SK Land Use Change Permit). Act No.41 of 2009 on the Protection of Agricultural Land Sustainable Food, Government Regulation No. 1 of 2011 on the Establishment and Transfer Function Agricultural Land Sustainable Food has been able to balance the food sector while Act No. 26 of 2007 on Spatial Planning, has not fully balance the conversion of agricultural land to non-agricultural because there is a review of every five (years) 1 (one time. Implementation of the transformation of agricultural land to non-agricultural constrained because some of the following: a. Refusal of requests for land use only verbally. b. The term of service of technical considerations of land is 13 (thirteen) days. But in practice it can reach 3 months. c. The calculation of the cost of land use not in accordance with the applicable regulation.Keywords: Judicial Review; Over the function of Land; Agriculture and Non-Agriculture Land.
The Implementation of Making Land Deed Done by Subdistrict Head as The Temporary Land Deed Officials in Bulakamba Subdistrict, Brebes Regency
Authors: Ropiyah Opy , Abdul Chalim Munsharif
Published: October 2020

The implementation of Land Registration Services by the Subdistrict Head as Temporary PPAT is referred to PP No 24 year 1997 on land registration, and PP No. 24 year 2016 concerning Land Deed Officials.The purpose of this study was to analyze the making of land deed by the Subdistrict Head in his position and function as Temporary PPAT in Bulakamba District, Brebes Regency, as well as to find out the legal consequences if an error occurred in its implementation.This research is a juridical-empirical approach. Data analysis techniques used qualitative data analysis. The juridical approach was based on a normative approach that analyzed various laws and regulations in the land sector, while the empirical approach is used to analyze normative laws.The results showed that, the temporary PPAT are more likely to only make a sale and purchase deed, because the Subdistrict Head itself is less active, due to busyness with government affairs in his area. The Subdistrict Head, as Temporary PPAT, has not yet installed the nameplate (Article 20 paragraph 2) PP No. 24 year 2016. The delay in submitting the deed and the documents in the land registration process conducted by the temporary PPAT Sub-District Head does not result in the cancellation of the deed that has been made.Suggestions to the Land Office in Brebes Regency is, they should work together with the PPAT Association (IPAT) and must routinely conduct guidance and supervision of the Land Deed Officials (PPAT), especially temporary PPAT in order to minimize mistakes.Keywords: Subdistrict Head, Temporary PPAT, Land Deed
Juridical Analysis on Responsibility of Notaries Against Counterfeiting Description Existence in An Authentic Agreement
Authors: Dwi Astuti July Siska , Wahyuningsih Sri Endah
Published: October 2020

Article 1 Paragraph (1) of Act No. 2 of 2014 concerning Notary Office constitution that notaries are public officials, the authority to make the Act Authentic legitimate. Unfortunately in today's world that is filled by the desire of economic excess, not a few people on the mountain doing the wrong thing in order to enrich themselves, unfortunately including the notary who had exalted position in society as one of the authorities, instead of showing the action sublime them Authentic Act falsified. This study aims to clarify how the rule of law based on the positive law in Indonesia about such actions. Using normative juridical approach, and statutory approach, exploiting all the laws that have a correlation with the observed cases. To find practical application, researchers used the District Court of Semarang No. 676 / Pid.B /2017 PN.Smg The conclusion showed notary who forged authentic action violates the Notary Code and morally can not punish a criminal by Notary Code by the Board of Supervisors, but no conclusions about the case in the District Court ruling Semarang. While the notary may be punished criminally if proven wrong by article 264 of the Criminal Code no violation of law in Indonesia.Keywords: Notary; Authentic Agreement; Suspect.
Legal Review Of Implementation Endowments Authority Relating To The Under Hand Agreement Made By Waqif (Case Study In Kua Wonosalam, Demak)
Authors: Farhati Dewi , Khisni Akhmad
Published: October 2020

Waqf is a legal act of Waqif to separate and or hand over part of their wealth to be exploited forever or for a specified period. Usefulness of waqf itself for purposes of worship or public welfare according to the Shari'a. The purpose of the endowment given to nadzir of Waqif is to utilize waqf property in accordance with its function. The method used is a method socio-juridical with descriptive analytical research specifications, while the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the power of the waqf agreement under the hand can be executed as long as their witnesses from several parties. During the relevant parties agree to the provision of the giiving waqf endowments by Waqif to nadzir have a valid legal provisions. Legally positive endowments implementation should be done with a pledge made before the Endowment Agreement Official Pledge (PPAIW) with two witnesses and should be made in the form of an agreement of Pledge of Endowments pursuant to Article 17 of Act No. 41 of 2004 on waqf: 1. Endowments statement implemented by Waqif to nadzir before PPAIW to be implemented by two witness; 2. Endowments statement referred to in paragraph (1) shall be declared orally and / or in writing and set forth in the agreement of pledge endowments by PPAIW.Keywords: Waqf, Endowments Authority, Under Hand Agreement.
Implications Juridical Council Regulation Honorary Center Notary Association of Indonesia Number 1 of 2017 About The Limits of Fairness Total Creation Agreement in Semarang
Authors: Adwin Adwin , Abdul Chalim Munsharif
Published: October 2020

The purpose of writing  article is to know and the Honorary Board of Indonesian Notary Association Center for the Determination of Regulation No. 1 of 2017 on the Fairness Limit Per day Total Creation Agreement. This research methods to achieve the objectives of  law is the law of sociological or empirical research. Results of the research which set the contents of  regulation on the restriction of the notary in the agreement a day in which a number of 20 (twenty) in a day. Destinations create those rules for protecting Notary and society who use the services of a Notary, in  case the Honorary Board of Indonesian Notary Association has authority in making these regulations mandate based on the Notary Act. Sanctions For notaries who violate these rules can be wearing the Internal sanctions in question is the organizational and External sanctions.Keywords: Honorary Council Regulation, The Authority, Sanctions.
Auction Of Execution Confiscated And National Confiscated
Authors: Hariyadi Cucuk , Gunarto Gunarto
Published: October 2020

The applicants auction sellers often in practice face prosecution or a lawsuit from a third party that the goods to be auctioned are their own and not the property of those who had been cut with a criminal offense, as it sometimes is the case / light after the auction conducted and considered have been completed. In addition to the auction buyer after he mastered the goods purchased from the auction process also sometimes face prosecution or a lawsuit from a third party that the goods he bought from the auction is actually owned by third parties. The purpose of this study is to analyze the legal protection given to the rightful owner of the auction the buyer of goods or execution of plunder and spoils the country carried out by KPKNL Yogyakarta. This type of research is empirical. Source data using primary and secondary data. The data were analyzed descriptively qualitative. The results showed that the form of legal protection to each of the parties related to the auction execution of plunder and booty state 1) Acting as seller / applicant auction execution is the police or the prosecutor.; 2) To the owner of the goods / owner beginning of good will get legal protection to prevent the auction execution if the auction is not conducted through the path objections / rebuttals, however, if the auction had been implemented, the original owner can file a lawsuit with the District Court, if based on the decisions of the Court the country was the original owner declared right then he can ask them to buyers KPKNL that the goods be returned; 3) To the auction buyers who have a good-faith execution of legal protection in the form of refund of the purchase that have been paid without any deduction. but if the auction had been implemented, the original owner can file a lawsuit with the District Court, if based on the District Court declared the original owner right then he can ask to the buyer that the goods be returned KPKNL.Keywords: Legal Protection; The Auction Execution; KPKNL Yogyakarta.
Implementation of Complete Systematic Land Registration Program (PTSL) Based on Government Regulation No. 24 of 1997 on Land Registration in the Subang District
Authors: Handayani Hani , Purnawan Amin
Published: October 2020

The purpose of this study are to: 1) to investigate the implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district. 2) To know the constraints and solutions implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district.In this study the authors use research methods socio-juridical / empirical / non-doctrinal where qualitative approach is a way of analysis of the results of research that produces descriptive data analysis, the data stated by the respondent in writing or orally as well as the real behavior, researched and studied as something related intact on Government Regulation No. 24 of 1997 on Land Registration in Subang district.Based on the results of data analysis concluded that: 1) Implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district. Implementation of Complete Systematic Land Registration program in the Subang district earring positive influence on the creation of orderly land, particularly against the rule of law and orderly administration of land, which is indicated by the number of parcels of land have been able certified in the land registration process. This will have an impact on the decrease in the number of land disputes, because residents have proof of land ownership (certificate) and the presence of land records are complete.Keywords: Complete Systematic Land Registration Program, Government Regulation No. 24 of 1997 on Land Registration.
Effects Of Creation Deed of Sale and Purchase of Land Which Does Not Match Procedure of Making Land Deeds
Authors: Harjanto Fery , Gunarto Gunarto
Published: October 2020

Land registration is held to ensure legal certainty. The absence of legal certainty in land ownership rights will lead to the deed of sale of land that is unlawful, because it is made without going through the procedures of land deed that has been determined. The purpose of this study was to analyze the causes of the Deed of Sale and Purchase of Land that is not in accordance with the procedures of the Land Deed-making event and to analyze the legal consequences Deed of Sale and Purchase of Land that is not in accordance with the procedure of making the show. This study using sociological juridical approach with analytic descriptive data analysis techniques. Data collection was done by using the study of literature. The results showed that the factors causing the deed of sale of land that does not follow the procedure of deed of land caused by the confidence that is too high between the parties with PPAT, too many employment PPAT so the time to investigate is limited, lack of understanding PPAT to the provisions of the law, the value of the transaction so that PPAT follow the will of the parties, relationships and friendship factor. Based on data analysis concluded the legal consequences of land purchase deed which is not in accordance with the procedures of a deed is PPAT be dishonorably discharged, the deed of sale published degraded proof strength be deed under the hand and third parties can use this for their own interests.Keywords: Deed of Sale and Purchase of Land; Procedure for the Deed; Effects.
Property Rights Transfer of Land Under Government Regulation Number 24 of 1997 on Land Registration in The Semarang City
Authors: Fitriany Ida , Khisni Akhmad
Published: October 2020

The problem in this research is how the implementation of the transition land ownership through of buying and selling in Semarang?, and What are the barriers and solutions to transition ownership of the land by way of sale and purchase in Semarang? Sociological juridical approach, specification of descriptive analytical research. Source of Data are Primary and Secondary Data. Research technique purposive sampling non-random sampling. Data collection techniques by observation and interviews and conducted through the study of literature. Data Analysis Techniques with qualitative analysis methods.The results of the study in this paper the problem is still a delay in registration of transfer of property rights on land that is done by selling under the counter. Pleased with the legal cover for land buyers when buying and selling is done under the hand and is not registered with the Land Office, it is for the buyer of land is not legally strong / weak and limited. It is the duty of the buyer to complete the land to make a statement of deeds delays, physical mastery statement and the statement is not in dispute. The land buyers are often disadvantaged by the implementation of the sale and purchase under the hand, because when to create a deed, the seller had died or had not known where he lived.Keywords: Sale and Purchase of Land, Transfer of Rights, and Government Regulation No. 24 of 1997 on Land Registration.
The Role Of The Notary Deed Against Making Special Power Of Attorney To Say “Talaq” In Application Divorced In Religious Court
Authors: Wahyuningsih Dwi Indah , Gunarto Gunarto , Sulchan Achmad
Published: October 2020

The purpose of this study were: 1) to identify and analyze the role of the notary to manufacture special power of attorney notarized deed oath in filing for divorce in the Religious Court. 2) To identify and analyze the constraints notary in the manufacture of a special power of attorney notarized deed oath in filing for divorce in the Religious Court. The data used in this study are primary data, secondary data, and the data to support the assessment tertiary then analyzed with normative juridical method. Based on the results of data analysis concluded that: 1) In the implementation of the signing of the deed notarized power of special oath divorce in filing for divorce in the Religious of the parties, giving the power of attorney privilege and receiving power of attorney privilege to be present and facing the notary as the deed notarized letter The special power, because the authorizing unable to attend the oath of divorce in the Religious; 2) The provisions of the terms to make a notarized certificate of the applicant should include both the giver and the recipient of a special power of attorney and shown directly to the notary who will make the notary deed so that certificates can be made in accordance with existing procedures.Keywords: Notary; Special Power of Attorney; Notary Deed
Duties and Responsibilities of Notary on The Act on His Own Viewed From Act No. 2 of 2014 on The Department of Notary
Authors: Medikabrata Elang Yogi , Purnawan Amin
Published: October 2020

Notary is a public official who has the authority to make authentic documents and any other authority as referred to in Article 1 paragraph (1) of Act no. 2 of 2014 on the amendment of Act No. 30 of 2004 on the department of notary. The aim of this study was to: 1) To determine the duties and responsibilities of the Deed made by it in carrying out its duties and his position based on Act no. 2 of 2014 concerning Notary. 2) To find out the weaknesses of the duties and responsibilities of the Deed made by Act no. 2 of 2014 concerning Notary. 3) To find a solution weakness of the duties and responsibilities Against the Act made. The data used in this study are primary data, secondary and tertiary then analyzed by juridical empirical method that is reviewing the law relating to the issues discussed.Based on the data analysis concluded that: 1) The duties and responsibilities of a notary deed prepared to very low and many things that are broken. 2) the provisions set forth in Act no. 2 of 2014 concerning Notary less able to protect the client. 3) the provisions set forth in Act no. 2 of 2014 concerning on Department of Notary must include also the protection of the client as a result of the negligence of the notary who is aggrieved clients.Keywords: Notary Duties; Responsibilities Notary; Deed Of Notary.
Notary Role in The Establishment of Foreign Investment Limited Company Based on The Act No. 25 Of 2007 on Investment in Semarang
Authors: Rachmawati Noor , Hanim Lathifah
Published: October 2020

Research on the role of the notary in the establishment of a Foreign Investment Limited Company (PMA) in Semarang aims to determine the role of a notary in the establishment PT.PMA. The research method is normative with library research and regulatory legislation in the field of investment include field research. This study uses a technique of direct communication with the tool in the form of interview guidelines. Interviews are used is free unstructured but questions that do not come out of the subject matter. Based on the results of the study concluded that the role of the notary in the establishment of PT. PMA is based on Act No. 25 of 2007 on Investment in Semarang are procedures that should be implemented is the submission of PMA addressed to the Investment Coordinating Board (BKPM), with regard to this case, the task of the notary help the government provide legal counseling for the parties to the establishment, make Joint Venture Agreement in accordance with applicable legislation and in charge of manufacture of a limited liability company's certificate of incorporation approved by the Minister of Justice and Human Rights of the Republic of Indonesia. In the event of an error PT.PMA establishment, the notary is responsible for the deed change, but the responsibility of the notary in the case of the fraud perpetrated by the founder of the company who act in bad faith, then it becomes the responsibility of the founders of the company. Constraints faced by thebusiness licensing constraints, constraints business domicile, the determination of business areas, administrative requirements and constraints lack of capital to start build a company.Keywords: Role of the Notary; Foreign Investment; Limited Company.