bluuebunny/crossref_metadata_2025 huggingface dataset:
Training, Knowledge Sharing, and Quality of Work-Life on Civil Servants Performance in Indonesia
Authors: Tamsah Hasmin , S.E Ansar , Ilyas Gunawan , Yusriadi Yusriadi , Farida Umi
Published: October 2020

The research was conducted with the new public management paradigm; the community as the recipient of services is considered a customer. The study aims to reveal the relationship between training and employee performance in the public sector with knowledge sharing indicators as a mediator for both. This research uses a quantitative approach to SEM-Amos analysis tools. The sample was selected using a purposive sampling technique to the Civil Servants (CS) in an online questionnaire to participate in this study. The results showed that as many as 149 samples answered the questionnaire and had attended leadership training and other training. The results showed that the role of leadership training and additional training for training assessment tools to increase knowledge sharing was very influential compared to functional training, technical training, and other training. Although leadership training and further training significantly impact increasing knowledge sharing, they have not improved work-life and CS Performance quality. On the other hand, knowledge sharing shows an indirect effect on CS performance compared to its direct impact.
Psychosocial Factors and the Risk of Type 2 Diabetes Mellitus in Women Population based Epidemiological Study
Authors: Gafarov Valery , Panov Dmitriy , Gromova Elena , Gagulin Igor , Gafarova Almira
Published: October 2020

Our aim was to study the effect of depression and social support on the risk of type 2 diabetes in female population aged 25-64 in Russia / Siberia. Under the screening surveys random representative samples of women aged 25-64 years were examined in 1994 and 2005. Depression assessment was performed using the MONICA- MOPSY test. Social support was measured using the Berkman-Sim test. From 1994 to 2018 in a cohort of women new-onset cases of diabetes mellitus were detected. The risk of T2DM in persons with depression was 1.844 (p<0.01). After adjusting for sociodemographic variables, the risk decreased by 6% but remained significantly significant (p <0.05). The impact of a low level of social relations showed a significant effect on the risk of diabetes mellitus, including the multivariate model adjusted for the social gradient (HR=1.833, p<0.05). The presence of psychosocial factors decreases the protective effect of education in diabetes incidence. The incidence of T2D was higher in the group of manual labor and in executives. Depression and low social support increase the risk of T2DM by 80%. The frequencies of T2DM are determined by the social gradient and are associated with the role conflict “family-work”.
Tinjauan Hukum Dan Akibatnya Terhadap Wasiat Tanpa Akta Notaris Ditinjau Dari Kompilasi Hukum Islam Dan Kitab Undang-Undang Hukum Perdata
Authors: Lukmanto Adam , Chalim Munsharif Abdul
Published: October 2020

Penelitian ini menggunakan pendekatan yuridis normatif, pengumpulan datanya ditekankan pada sumber bahan hukum primer, berupa peraturan perundang-undangan dengan penelaahan kaidah hukum dan teori ilmu hukum. Wasiat tanpa akta Notaris dalam pandangan KHI tidak ada kewajiban mengikut sertakan Notaris dalam pembuatan wasiat sedangkan KUH Perdata diwajibkan mengikut sertakan Notaris. Persamaan wasiat tanpa akta Notaris dalam KHI dengan KUH Perdata adalah mempunyai dasar hukum tertulis, merupakan pernyataan terakhir dari pewasiat setelah sebelum meninggal dunia dan pelaksanaannya setelah si pemberi wasiat meninggal dunia, dapat dicabut dan dapat gugur atau dibatalkan, mempunyai tujuan untuk kemaslahatan manusia agar tidak terjadi pertengkatan di antara ahli waris.Perbedaan wasiat tanpa akta Notaris dalam KHI minimal umur 21 tahun sedangkan KUH Perdata minimal umur 18 tahun, dilihat dari yang menerima wasiat dalam KHI yaitu orang lain atau lembaga sedangkan KUH Perdata orang luar dan ahli waris, dilihat dari bentuknya dalam KHI yaitu lisan atau tertulis atau dihadapan Notaris sedangkan KUH Perdata tertulis di hadapan Notaris atau dititipkan/disimpan oleh Notaris, dilihat dari batasan pemberian wasiat dalam KHI yaitu maksimal 1/3 dari seluruh harta warisan sedangkan KUH Perdata maksimal 1/2 harta jika pewasiat mempunyai seorang anak, 1/3 jika memiliki dua orang anak, dan 1/4 jika memiliki tiga orang anak, kesemuanya itu merupakan anak yang sah termasuk dalam pengertian anak turun sebagai pengganti anak dalam garis turun masing-masing dan maksimal 1/2 apabila pewasiat hanya meninggalkan ahli waris garis lurus ke atas, anak luar kawin yang telah diakui secara sah. Akibat hukum wasiat tanpa adanya akta Notaris, menjadikan wasiat tersebut rawan akan gugatan dari pihak-pihak yang berkepentingan karena pembuktiannya kurang kuat dan tidak ada kepastian hukum. Kata  kunci :  Wasiat, KHI dan KUH Perdata, Akta Notaris
Perlindungan Hukum Bagi Pemegang Hak Atas Tanah Dalam Kasus Tumpang Tindih Kepemilikan Atas Sebidang Tanah Di Badan Pertanahan Nasional/ATR Kabupaten Kudus
Authors: Kus Kuswanto , Khisni Akhmad
Published: October 2020

Tesis ini bertujuan untuk mengetahui cara penerbitan sertipikat baru juga permasalahan hak atas tanah yang melebihi tanah dari tetangga batasnya, dalam penelitian ini dilakukan wawancara langsung dengan responden serta nara sumber untuk memperoleh data dalam penyusunan penelitian ini, tetapi juga dengan  menggambarkan keadaan obyek yang diteliti.Prosedur terbitnya sertipikat baru dengan ketentuan undang-undang pokok agraria yaitu PPAT/pemohon membawa dan memberikan berkas yang diminta oleh Badan Pertanahan Nasional/ATR untuk didaftarkan ke loket juga membayar ke Bendahara berdasarkan PP No. 46 tahun 2002 berbunyi tarif biaya pendaftaran tanah di BPN. Selanjutnya dilakukan pengukuran tanah, apabila ada pengalihan hak maka disertakan juga akta yang dibuat oleh PPAT berdasarkan peta bidang yang sudah dicetak BPN, tetapi apabila tidak ada peralihan hak maka bisa langsung diproses pembuatan sertipikat di BPN, dalam kurun waktu + 8 (delapan) bulan, sertipikat tersebut bisa diambil di BPN. Penyebab tumpang tindih kepemilikan hak atas sebidang tanah di Badan Pertanahan Nasional / ATR Kabupaten Kudus dengan adanya pihak BPN tidak teliti dalam rangka penerbitan Sertipikat dan tidak cermat melihat arsip peta bidang pendaftaran tanah sebelumnya, juga sebagai Pemilik/Pemegang Hak Atas Tanah lalai dalam memberikan patok-patok batas bidang tanah yang dimiliki berdasarkan PP RI No. 24 Tahun 1997 Pasal 17 ayat (3). Perlindungan hukum terhadap para pemegang hak atas tanah bilamana terjadi tumpang tindih kepemilikan sebidang tanah tercantum dalam Peraturan Pemerintah Nomor 24 Tahun 1997, beberapa Pasal 19 ayat (2) huruf c, dan Pasal 23 ayat (2), juga Pasal 32 ayat (2) serta Pasal 38 ayat (2) UUPA, yang berbunyi surat-surat tanda bukti hak berlaku sebagai alat pembuktian yang kuat demikian juga Pemegang hak atas tanah yang menjadi obyek sengketa tidak mendapatkan perlindungan hukum setelah adanya keputusan pencabutan atas sertipikat tanah tersebut.Kata Kunci : Leter C Desa, Surat Ukur, Sertipikat Asli.
IMPLEMENTASI ASAS DROIT DE PREFERENCE TERHADAP JAMINAN HAK TANGGUNGAN OLEH PIHAK PERBANKAN DALAM PERJANJIAN KREDIT
Authors: Khisni Lila Kurniawati , Hanim Lathifah
Published: October 2020

This study entitled Implementation of the principle of droit de preference to the guarantee of mortgage rights by the banks in the credit agreement. This study discusses the implementation of the principle of droit de preference on the guarantee of mortgage rights by the banks in credit agreements, the constraints found in the implementation of the principle of droit de preference on the guarantee of mortgage rights by the banks in credit agreements and how to overcome these obstacles.Implementation of the principle of droit de preference on the guarantee of mortgage by PT Bank Tabungan Pensiunan Nasional, Tbk in credit agreement Number 122 Credit Agreement in which to guarantee payment of all amount owed and obliged to be paid by debtor to bank either arising based on credit agreement and or Any change / renewal / renewal thereof then the debtor hereby deposits to the bank the guarantees which the transfer of ownership rights is evidenced by documents and agreements made in the form, amount and content satisfying the bank in the form of four plots of land. Constraints in the implementation of the principle of droit de preference on the guarantee of mortgage rights by the banks in the credit agreement include the difficulty of banks to conduct surveys on collateral pledged by debtors, difficulties in assessing the price of land and buildings by the bank other than that the debtor's academic ability in Understand all the contents of the agreement so that only give confidence to the bank to complete all the documentation related to the credit agreement process. The solution to overcome these obstacles is that the Bank checks to the Land Affairs Office because that is where the completeness of land documents, and the bank conducts field surveys after the credit agreement is implemented and by looking at the Land and Building Tax Payment Letters as the Value of Tax Objects and provide detailed explanation and Detailed on each article of the credit agreement so that the debtor will understand and understand each article of the credit agreement to be signed.Keywords: Droit de Preference Principle, Guarantee of Deposit Rights
PEMBUKTIAN KEKUATAN AKTA DI BAWAH TANGAN YANG DILEGALISASI OLEH NOTARIS
Authors: Suaedi Ivanovich , Abdul Chalim Munsyarif
Published: October 2020

The verification of the power of a deed under the law legalized by a Notary who is responsible for the truth of the deed under his or her legalization is about the certainty of the signature that it is certain that the signature is indeed a party to the agreement, not someone else. The responsibility of a Notary in a Notary Law (UUJN) is explicitly mentioned in article 65 of the UUJN stating that a Notary replacement, a Notary of a Successor and a Notary Officer is responsible for each deed he has made, even though the notary protocol has been transferred or transferred to the depositary protocol. Accordingly, in the proof of a notarial deed by a notary publicly legalized by the notary does not have the perfect hill strength as it lies in the signature of the parties which, if acknowledged, is one of the most complete evidence.The method of approach used in this study is normative juridical research on the text of law alone, but involves the ability of scientific analysis of legal materials with the support of understanding the legal theory. Sources and Types of Data are based on primary legal material that is derived from the applicable Book of Law and secondary law materials consisting of reference books and Journals and scientific papers, research results relating to research materials.From the result of the research, it can be concluded that the power of deeds dehumanized by the Notary will be perfectly verified if the parties want and recognize the signature of the deed under the agreement which has been legalized by the Notary.Keywords: Legalization, Deed, Notary
PENGGUNAAN SURAT KETERANGAN DOMISILI DALAM PENGATURAN HUKUM KEPEMILIKAN TANAH ABSENTE BERKAITAN DENGAN PRAKTEK JUAL-BELI TANAH DI WILAYAH KANTOR TANAH KABUPATEN GROBOGAN
Authors: Nugraha Danang Prasetya , Hafidz Jawade
Published: October 2020

The use of the Certificate of Domicile in the process of sale of Agricultural Land Sale, can be negative in the absence of land ownership of agricultural land whose owner is located outside the subdistrict area of the land where the writer wishes to study more in whether in the implementation of the use of the certificate of domicile has been in accordance with the provisions of its enforcement, so the author formulated some of the first issues in how the use of a certificate of domicile in terms of sale of agricultural land if the buyer is domiciled outside the subdistrict of the purchased agricultural land, the second is how the legal consequence of the use of Domicile Certificate in the absence of sale of agricultural land.In the approach the writer uses is a juridical-empirical approach. the juridical approach is used to analyze the rules related to Domicile Litigation in the legal arrangement of Absente Land Ownership in relation to the practice of sale and purchase at the Land Office of Grobogan Regency, while the empirical approach used to analyze the existing law is seen as the behavior of people patterned on the life of society who always interact and deal with social aspects.In the result of the research on the first problem it can be concluded that in the implementation of sale of agricultural land (absente) by using domicile certificate that is not in accordance with ID card is not allowed in the rule of law which is in effect as opposed to Article 10 of Agrarian Basic Law year 1960, so the use of the certificate of domicile should correspond to the original domicile, and is understood to be the real settlement for settlement, while the second problem can be drawn to the conclusion that the legal consequences in the use of a domicile certificate that does not correspond to the original residence in the case of sale buy agricultural land, making the transfer of the right to the land office becomes ineffective because it does not comply with the administrative requirements of national regulation No. 1 of 2010, as well as transfers of agricultural land purchase rights using non-compliant landlords t the real can be null and void. Keywords: Domicile, Selling, Absentee Certificate
PERALIHAN HAK ATAS TANAH ABSENTE KARENA WARIS (STUDI KASUS DI KANTOR ATR/BPN KABUPATEN KENDAL YANG DOMISILI AHLI WARIS BERADA DILUAR WILAYAH KECAMATAN )
Authors: Rahma Wanti Ika , Abdul Chalim Munsyarif
Published: October 2020

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study 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 the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.
PENGATURAN DAN PENERAPAN SISTEM PEMBIAYAAN MURABAHAH DI BANK PERKREDITAN RAKYAT SYARIAH
Authors: Sendy Pratama Bayu , Sukarmi Sukarmi
Published: October 2020

The most developed sharia bank financing system, because the financing systems is considered the most fair and far from usury/riba if the implementation is done based on the provisions of Islam.Sharia bank in its financing is required to apply sharia principles based on fatwa issued by the institution that having authority in determining fatwa in sharia and also required to conduct feasibility assessment to its costumer so that there is strong belief about willingness and ability of the prospective costumer to receive financing facility.Keywords: Sharia Bank, Murabahah, Justice
PELAKSANAAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN (SKMHT) DI KOTA PEKALONGAN
Authors: Cahyo Wibowo Dian , Gunarto Gunarto
Published: October 2020

The Power of Attorney Charging the Guarantee Right (SKMHT) in Article 15 of Law Number 4 Year 1996 concerning Land and Property Rights related to Land (UUHT) is stipulated as a condition to be immediately followed up by the making of Certificate of Granting of Mortgage Right APHT).This study uses descriptive analytical properties with aspects of the Empirical Juridical approach and field research (observation) only as supporting data. The location of this study was conducted in Pekalongan City. The population of this study amounted to 50 (fifty) SKMHT made by 4 people Notary / PPAT respondents in May - November 2014. Of the entire population are all sampled.To collect primary data / main data is done by using field research using interview technique, whereas to informant is done by giving questionnaire and interviewing them related to SKMHT implementation in crediting by creditors. To obtain secondary data / additional data is done literature on books, laws, and important documents related to this research. The data obtained were analyzed and then grouped the data according to their qualification, then described with qualitative analysis approach.The result of this thesis research shows the process of Implementation of SKMHT in credit scheme made by Notary / PPAT has been in accordance with the regulation. In the process of using SKMHT in this credit agreement is made with the stage that is before and at the time after the credit agreement agreement and the second stage merupkan SKMHT installation to the land office. The inhibiting factors in the use of SKMHT arise during the binding process into APHT and APHT registration stages. The inhibiting factors in the implementation process of SKMHT into APHT form are costly and short term. In overcoming these obstacles, efforts are made by renewing SKMHT which has expired in accordance with legislation and follow up SKMHT become APHT.Keywords: Power of Attorney Charges Deposit Rights
AKIBAT HUKUM DARI AKTA JUAL BELI TANAH DIHADAPAN PPAT YANG DIBUAT TIDAK SESUAI DENGAN PROSEDUR PEMBUATAN AKTA PPAT
Authors: Istanti Istanti , Khisni Akhmad
Published: October 2020

This research aims to know and analyse which kind of drawing up the land buying-selling certificate categorized as appropriate or not appropriate with the procedures of drawing up a deed by the land certificate issuing officers, and what the legal effect of this procedural distortions is, as stated above.Sociological-empirical research methode which is characterized as descriptive analytic research is applied in this research. Morover, the approach methode applied in this research is empirical juridical qualitative approach with a specification on a prescriptive research. The primary data sources are direct interviews, whereas the secundary data sources are data taken from the primary, secondary and tertiary data. The data collecting is executed by making use of literary studies, interviews and qualitative data analysis.The research findings analyse the buying-selling deed processed in front of the land certificate issuing officers, but which is not executed appropriately in the right procedures. This unprocedural process of drawing up the land deed related to the land buying-selling certificate, is caused by certain situations and conditions of the buying-selling rights executed in front of the officers which are compulsory. Officers are willing to ignore the procedures of drawing a buying-selling certificate as ordered in Government Order No. 37 / 1998 regarding Orders on Officers of Land Certificate Issuing Officer, and Government Order No. 24 / 1997 regarding Land Registration and its executional procedures.Negative effects of the actions done by the land certificate issuing officers who ignore the real procedures, are that, firstly,  the deed can be degraded, and secondly, the officers can be punished to be guilty as a result of their incorrect actions.Keywords : legal effects, deed drawn up by the land certificate issuing officer, buying-selling, procedures.
AKIBAT HUKUM AKTA OTENTIK YANG TERDEGRADASI MENJADI AKTA DIBAWAH TANGAN
Authors: Soebagyo Soegeng Ari , Gunarto Gunarto
Published: October 2020

The study entitled "Legal Effects Against the Authentic Deed of Degradation Becoming a Deed of Hands" aims to recognize the legal consequences of the degraded authentic deed and the responsibility of Notary over the degraded authentic deed to become a deed under the hand. This research uses juridical socio legal research approach, in collecting data more emphasized on source of primary material, in the form of legislation, studying law norms and law science sera theory in addition to interviews to the parties related to the problem in carefully. Based on the method, the research produces principally (i) Authentic deeds can be degraded into deeds under the hand when the requirements of the authentic deed are not met, whether material or formal terms which have the authority to judge them is a court. ) What are the legal consequences of an authentic deed that is deemed to be a deed under the hand does not have legal validity as an authentic deed, only a word under the hand that has no legal force to bind this subject under KUHperdata article 1869 and can be seen in Law no. 2 Year 2014 jo. UU no. (3) Article 51 paragraph (4), (iii) The responsibility of a Notary if The authentic deed he made into a deed under the hand, the Notary may be held accountable; (-) Administrative liability If a Notary is found guilty of violating Article 85 of Law Number 30 Year 2004 which regulates the obligation and prohibition for Notary in carrying out his / her position. (-) Accountability according to Civil Law of this matter as Article 1365 Civil Code, and can be seen In Law no. 2 Year 2014 jo. UU no. Article 49 paragraph (3) of Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4) (-) Accountability under criminal law if Notary deliberately falsely authentic deed or intentionally include incorrect information in the authentic deed he madeKeywords: Authentic Deed, Notary, Degradation
IMPLEMENTASI PERJANJIAN PEMBIAYAAN JUAL BELI (MURABAHAH) DI BANK NEGARA INDONESIA ( BNI ) SYARIAH CABANG SEMARANG
Authors: Khakim Moch Faizul , Gunarto Gunarto
Published: October 2020

One form of financing agreement provided by Bank BNI Sharia is murabahah, which is a form of trust and sale of certain goods, between banks and customers. The bank buys the required item and sells it to the respective customer at the cost of the acquisition plus the agreed benefit. The purpose of this study entitled Implementation of Sale and Purchase Agreement (murabahah) in Bank BNI Sharia Branch Semarang is to find out how the procedures and requirements in the implementation of Buy and sell Financing Agreement (murabaha) at Bank BNI Sharia Branch Semarang and problems often faced in Murabahah Financing Agreement as well as efforts to overcome the problem of Implementation of Murabahah Financing Agreement at Bank BNI Sharia Branch of Semarang. This research is a descriptive analysis using sociological juridical research methods and field research, based on the results of research concluded that the stages or procedures and requirements in Murabahah Financing Agreement at Bank BNI Sharia Branch Semarang is Application, Investigation, Financing Analysis, Letter of Agreement on Financing Agreement, Signing of Murabahah Agreement, Withdrawal, Installment Calculation, Installment Payment and Repayment. In the implementation of the Murabahah Financing Agreement, Bank BNI Sharia often faces several problems, especially in terms of murabahah financing for houses / property, based on observations the authors conclude there are some weaknesses or difficulties that become problem in murabahah financing, that is in terms of Human Resources (HR) and the provisions of the National Sharia Council Fatwa. BNI Sharia Bank's efforts to solve a problem when one party does not fulfill its obligations, BNI Sharia Bank applies its settlement clause by way of deliberation and kinship, if in the above manner can not reach agreement, then the final effort is settled through local District Court. It is suggested to Bank BNI Sharia to distribute murabahah financing always pay attention to applicable law. If the murabahah financing is not able to comply with the applicable law, then this murabahah product should not be marketed temporarily pending the issuance of new regulations that support the implementation of this murabahah product. Keywords: Murabahah Agreement, PT. Bank BNI Sharia Branch Semarang
KEWAJIBAN NOTARIS DALAM MENJALANKAN PRINSIP TATA KELOLA KANTOR NOTARIS YANG BAIK DAN PROFESIONAL(GOOD CORPORATE PUBLIC NOTARY) MENURUT UU NOMOR 30 TAHUN 2004 JUNCTO UU NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS
Authors: Prasetiyo Adi , Gunarto Gunarto
Published: October 2020

Notary in performing his duties acting as public servant in the affairs of making the deed of agreement which is the will of the parties who want to make it. In order to improve notary services as much as possible one of them is with the notary's office itself. Notary obligation in implementing good corporate public notary principles must be consistent with Law Number 30 Year 2004 juncto Law Number 2 Year 2014 regarding Notary Position and referring to the Notary Code of Ethics, as well as from inventory office, employees, documentation and services to clients. The constraints often faced in carrying out the principles of office governance is arising from the notary itself and from employees, where the notary is involved in a criminal case that causes punishment and employees who act dishonestly in carrying out their work, thus causing harm to office management itself and become disorganized in its management.Keywords: notary, office
PENDAFTARAN AKTA JUAL BELI YANG MELEBIHI JANGKA WAKTU PENDAFTARAN TANAH DI KANTOR AGRARIA DAN TATA RUANG/BADAN PERTANAHAN NASIONAL KOTA SEMARANG
Authors: Kusmaryanto Kusmaryanto , Gunarto Gunarto
Published: October 2020

Implementation Land registration in society is now the task of the State. Land registration is carried out by the government for the benefit of the people, as an effort to provide legal certainty in the field of land. The Land Registration is carried out by the Land Office, and in carrying out the tasks the Land Office is assisted by The Land Deed Official, to carry out the activities set forth in PP 24/1997.The formulation of the problem in this research are: 1) How is the regulation of the registration of the Deed of Sale and Purchase exceeding the period of registration of land for the realization of legal certainty ?; 2) What are the obstacles faced by the Land Deed Officer in relation to the deed of sale and purchase that exceeds the period of land registration, which is shown for the realization of legal certainty and how is the solution to the settlement?This research method using research approach that is juridical normative. The specifications of this study were descriptively analyzed. Methods of data collection in this study, can be obtained by library research.The result of the research says that 1. The legal arrangement of registration of Deed of Sale and Purchase exceeding the time period specified for the realization of legal certainty is where if the registration of sale and purchase certificate exceeds 7 days then it is requested more clearly to the local Land Office. 2. The obstacles faced by the Land Deed Authority in relation to the deed of sale and purchase that exceeds the period of land registration such as the lack of public awareness, the bad image of the National Land Agency and the rights base is different from the field data. To overcome these obstacles then the National Land Agency made a program such as doing counseling to the public and through the PRONA program.The conclusion of the research results suggests that the legal arrangement of registration of Sale and Purchase Deed beyond the time period specified for the realization of legal certainty is where if the registration of the deed of sale and purchase exceeds 7 days then applied more clearly to the local Land Office. Although the submission of the deed of sale and purchase of land to the Land Office as practiced by most of the Land Deed Officials is not in accordance with the applicable laws but does not result in the cancellation of the land and there is no legal provision stating that With the delay of submission of the deed of sale and purchase of the land makes the relevant deed null and void. Keywords: Deed of Sale and Purchase, Land Registration
Tanggung Jawab Notaris Dalam Pembuatan Akta Perjanjian Nominee Dalam Kaitannya Dengan Kepemilikan Tanah Oleh Warga Negara Asing Di Lombok
Authors: Azhari M. Edwin , Djauhari Djauhari
Published: October 2020

ABSTRAKPenelitian ini menggunakan pendekatan hukum yuridis-empiris (sosio-legal research). Jenis penelitian hukum empiris merupakan jenis penelitian yang menganalisa suatu permasalahan hukum atau isu hukum berdasarkan suatu permasalahan yang ada dalam masyarakat itu sendiri dengan cara mendapatkan data lapangan. Bahan hukum yang digunakan dalam penelitian ini adalah bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Teknik pengumpulan data yang digunakan adalah studi kepustakaan, yang didukung data lapangan melalui observasi dan wawancara.Bentuk perjanjian nominee yang dibuat oleh warga negara asing dengan warga negara Indonesia di Lombok, yaitu dibuat dengan akta otentik oleh Notaris, melalui akta jual beli dengan menggunakan nama warga negara Indonesia selanjutnya melahirkan perjanjian-perjanjian lainnya. Bentuk pertanggungjawaban notaris terhadap perjanjian nominee yang dibuatnya yaitu tanggung jawab secara Perdata, Pidana dan Kode Etik. Akibat hukum dari perjanjian nominee yang dibuat oleh Notaris tersebut merupakan perbuatan penyelundupan hukum yang bertentangan dengan ketentuan peraturan perundang-undangan yang berakibat perjanjian nominee batal demi hukum.Kata Kunci : Perjanjian, Hak Milik, Nominee.ABSTRACTThis research uses juridical-empirical legal approach (socio-legal research). The type of research empirical law is a type of research that analyzes a legal issue or legal issue based on a problem that exists within the community itself by obtaining field data. The legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques used are literature study, supported by field data through observation and interview. The form of a nominee agreement made by a foreign citizen with an Indonesian citizen in Lombok, which is made by an authentic deed by a Notary, through the deed of sale and purchase using the name of the Indonesian citizen subsequently gave birth to other agreements. Forms of responsibility of a notary to the nominee agreement he made, namely, Civil, Criminal and Code of Ethics. The legal consequences of the nominee agreement made by the Notary are legal smuggling acts contrary to the provisions of laws and regulations which result in the nominee agreement null and void.Keyword : Legal Agreement, Property Rights, Nominee.
Peranan Majelis Pengawas Daerah (MPD) Terhadap Pengawasan Pelaksanaan Tugas Jabatan Notaris Di Kabupaten Sleman
Authors: Wardio Didit , Hanim Lathifah
Published: October 2020

ABSTRAKHasil penelitian ini menunjukkan bahwa Pelaksanaan tugas pengawasan jabatan notaris oleh Majelis Pengawas Daerah Kabupaten Sleman mengacu pada Pasal 1 ayat 5 Permen nomor M.02.PR.08.10 tahun 2004 bahwa pengawasan sebagai kegiatan yang bersifat preventif dan kuratif. Kegiatan preventif meliputi kewenangan yang bersifat administratif, sedangkan yang bersifat kuratif adalah kegiatan tentang pengambilan tindakan terhadap dugaan pelanggaran yang dilakukan oleh notaris terhadap UUJN dan kode etik. Hambatan-hambatan dan solusi pelaksanaan tugas pengawasan jabatan notaris oleh Majelis Pengawas Daerah Kabupaten Sleman yang bersifat intern meliputi: anggaran yang minim,sarana penunjang yang terbatas dan kesibukan masing-masing pengurus. lalu yang bersifat ekstern adalah jumlah notaris yang banyak sejumlah 180 notaris, protokol notaris yang tidak tertata rapi, paradigma yang keliru oleh Notaris tentang jabatan notaris sebagai pengusaha akta. Solusi dengan menambah anggaran melengkapi sarana prasarana, sosialisasi, seminar dan rapatSaran kepada MPD untuk meningkatkan pengawasan terhadap Notaris dengan melakukan pemeriksaan rutin secara teratur dan disiplin. Pemberian sanksi terhadap notaris harus diterapkan dan dijalankan dengan benar dan tegas.Kata Kunci : Majelis Pengawas Daerah, Notaris, PengawasanABSTRACTThe results of this study indicate that The implementation of supervisory duties of a notary by the Regional Supervisory Board of Sleman Regency refers to Article 1 paragraph 5 of Candidate number M.02.PR.08.10 in 2004 that supervision as activities that are preventive and curative. Preventive activities include administrative authority, while curative is an activity of taking action against alleged violations committed by notary to UUJN and code of ethics. 2. Obstacles and solutions for the implementation of supervisory duties of notary public by the Regional Supervisory Board of Sleman Regency that are internal include: minimal budget, limited supporting facilities and busyness of each board. then the extern is the number of notaries that many a number of 180 notaries, notary protocols that are not neatly arranged, a paradigm that is not mistaken by notaries about the notary's position as a businessman deed. Solutions by adding budget to equip infrastructure, socialization, seminars and meetingsSuggestion to MPD to increase oversight of Notary by conducting routine inspection regularly and discipline. The granting of sanctions to a notary must be applied and executed correctly and decisivelyKeywords: Regional Supervisory Board, Notary Public, Supervision
The Authority Of Public Notary In The Making Of Deregistration Agreement Of Mortgage Right
Authors: Ivan Ali Gholib , Mashdurohatun Anis
Published: October 2020

Deregistration in the legal dictionary means deletion. The deletion in question is the abolishment of the mortgage right on the land title book and the certificate. If the mortgage right is removed, the Land Office shall make deregistration (Deletion/Roya) to the record of mortgage rights on the land title book and its certificates. The method used by the writer in this research was sociological juridical research, with descriptive analytical research specification, while the data analysis method used was qualitative analysis. Based on the results of the study and discussion, it can be concluded that the Deregistration Consent Agreement is as a statement from the debtor in notarial, the content is about the debtor has paid off the debt and the creditor agreed to remove the certificate of land rights burdened by the Guaranteed Right to be a clean certificate of any engagement. The Deregistration Consent Agreement does not have the executorial power as the Mortgage Right Certificate. The authority of a Notary in making the Deregistration Consent Agreement shall be based on the statement of the debtor before the Notary, so that the statement or agreement is conveyed by the Notary in an authentic agreement. This is in accordance with the provisions of Article 15 paragraph (1) of Act No.2 Of 2014 on Amendment to Act No.30 Of 2004 regarding Notary Position.Keywords: Public Notary; Agreement; Mortgage Rights.
Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN)
Authors: Agulegistin Meta , Khisni Akhmad
Published: October 2020

The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary  Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law
Supervisory Role Of Regional Assembly (Mpd) On Notary Monitoring In Leaving The Area Without Legal Reasoning Which More Than 7 (Seven) Working Days In Banjarnegara
Authors: Chusosi Alfian Ridho , Abdul Chalim Munsharif
Published: October 2020

In the Constitution of the State in 1945 expressly stated that the Republic of Indonesia is legal state, is thus one of the most important tasks for the government is provide and ensure a sense of legal certainty for the citizens of the community members. In certain fields this task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Agreement made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No. 30 of 2004 jo Act No. 2 of 2014 concerning Notary. The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Public Notary in the running position. In carrying out the duties of office of the Notary not only carry out the work mandated by legislation alone as well as running a social function that is very important is to be responsible for carrying out the trust placed in the general population it serves, Notary authorized to make the authentic act on all agreements, agreements and statutes required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic agreement, agreement of guarantee certainty of the date of manufacture, save agreement, giving grosse, copy, and official copies.Keywords: Public Notary, Regional Assembly, Legal Reasoning
Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away
Authors: Susilowati Susilowati , Gunarto Gunarto
Published: October 2020

The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage rights in the form of land rights arising from the conversion of old rights that have been eligible to be registered but the registration has not been done, the granting of the mortgage shall be conducted simultaneously with the application of the right to (Letter C). On the other hand, the mortgagee has died and left the heirs, then there are several ways of settlement made by the bank, namely: If the credit has matured, then the credit is covered by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed up to his heirs by approaching the family by offering loan interest rate relief. It is expected that the government through the National Land Agency can organize the process of land certification in a relatively short time so that it can support the economic activities of the community.Keywords: Mortgage Right; Uncertified Land; The Grantor Is Passed Away
Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria
Authors: Cahyani Indah Esti , Witasari Aryani
Published: October 2020

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.
The Validity Of Notary’s Agreement Which Is Signed Outside The Notary’s Office
Authors: Trisnani Dina Harindra , Ma'ruf Umar
Published: October 2020

Article 19 paragraph (3), Article 3 paragraph 8 and Article 3 number 15 in Code of Ethics of Notary is a regulation governing the signing of notarial agreement at Notary's office. However, in practice, there is a case of signing the Agreement not in the Notary’s Office. The problem formulated is how the validity of notarial agreements signed not in the Notary's office and how the supervision of Notary in the signing of notarial agreement so that it is in accordance with notarial agreement. To answer the above problems, the author used normative research methods and a research approach; legal approach, conceptual approach, case approach and practical approach. Methods of data collection research used literature study method and the data were analyzed by qualitative analysis techniques and used deductive conclusions. According to the research, the validity of Notarial Agreement signed not at the Notary office has the following criteria; firstly, notarial agreements that are signed are not in the Notary's office but are still in the Notary's territory, the agreements are valid as long as there are special reasons. Secondly, notarial agreements signed not in the Notary office and not in positions of Notary's territory but still in the Notary's office area remain valid as long as it is done not sequentially and accompanied by specific reasons. Third, the Notary who signed the agreement not in his Notary's office and outside the territory of Notary Office, the agreement becomes invalid. Notary Supervision in signing of Notary Agreement pursuant to Notary Law and Notary Code of Indonesia is done by Supervisory Notary Board. Supervision by the Notary Board is done through preventive and curative activity including development activities. Supervision by Notary Board is done in two ways, namely: active supervision which checks Notary protocol and passive supervision which checks Notary statements.Keywords: Notary; Signing Agreement; Unnotary Office.
The Responsibility of Notary Agreement of The Truth Under Hand Notarized as Evidence in The Process of Trial in Court
Authors: Daryanti Eka , Gunarto Gunarto
Published: October 2020

The legal consequences under the hand agreement validated by notaries who are connected with the responsibility of Notary if the agreement be used as evidence in court. This study aims to analyze the responsibility of the Notary to the truth of the under the hand agreement that was authorized by the Notary, to analyze the legal consequences of the agreement under hand, legalized by the Notary as evidence in evidence during the trial. From the results of this research is that: 1) responsibility to the truth Notary under the hand agreement that was authorized by the Public Notary. Notary is the only guarantee certainty regarding the date, identity and signature of the parties to the agreement. Notary ensures certainty at the time of signing the agreement, that the parties who signed the agreement is valid and not others, the parties who signed properly attended and have been aware of the contents in the agreement because it is read by the notary, so that the parties can not deny, 2) the legal consequences under the hand agreement, legalized by the Notary as evidence in court proving that the under the hand agreement only give legal effect to the advantage of a perfect proofing to whom sipenadatangan about to give evidence, while against the third party free pembuktianya legal consequences. If the authentic act has the strength of evidence was perfect, under the hands of the legal consequences certificate of proof rests with the judge to consider.Keywords: Responsibility; Under the Hands Agreement; Legalization.
Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang)
Authors: Ayu Fatkhurochmah Diyah , Gunarto Gunarto
Published: October 2020

The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute