bluuebunny/crossref_metadata_2025 huggingface dataset:
Internalisasi Pendidikan Agama Bagi Remaja Melalui Majlis Ta�lim
Authors: Sanusi Ahmad , Hamdanah Hamdanah , Surawan Surawan
Published: February 2022

This article is the result of observations in Darussalam Danu roasted that there are special security studies carried out specifically for adolescents. This study was carried out in an effort to provide spiritual oases for young people in the midst of global challenges. This study was aimed at 1) grabbing the internalization process of adultery education of adolescent education through the Ta'lim Assembly and 2) displacing supporting factors and the inhibition of internalization of the values of the United Darussalam adolescent religion. The research uses the descriptive analysis method, development technique of collecting in the form of interviews, observation, and documentation. The subject in this study was an ustadz who taught at the Ta'lim Assembly, while informants were teenagers, adolescents who attended Majlis Ta'lim, community leaders, and peers. Informant complaints using purposive sampling. Data application techniques use triangulation of sources and techniques. The reason for data analysis includes reduction, displaying, and verification. The results of the study represented that 1) internalization of adultery education of adolescent education to instill the tilapia of religious values to adolescents, the method was used cheap modeling model and demonstration, data on the values of religion, worship, and morality. 2) Popular factors include the capacity of qualified teachers and communities. Meanwhile, inhibitory factors include the influence of negative association of adolescent associations and limited facilities of Majlis Ta'lim.
DEVELOPMENT OF THE LAW OF COMPLETE SYSTEMATIC LAND REGISTRATION (PTSL) AND EFFECT OF CONDUCT VALUESOF LAND BASED ON DIGNIFY JUSTICE IN THE DISTRICT OF KENDAL, CENTRAL JAVA
Authors: Nurhayati Hartanti Desy Dwi , Gunarto Gunarto , Purnawan Amin
Published: February 2022

Kendal is one of district in Central Java. In Central Java, there are 592 744 17 197 land parcels including land parcels village treasury (TKD). Of the entire field of the land, 76.7% of them (ie 455 193 fields) has been certified which of them is located in Kendal district. Certifying land based on existing data is not at 100% therefore needs to be continued registration of land in order to achieve legal certainty and reduce the incidence of land disputes that exist. In order to achieve legal certainty in a plot of land owned by someone, then the central government in Nawacita (President Ultimate Goal) which is 9 (nine) priority that takes precedence provide a program that allows people in the maintenance of the certificate. Land Registry Systematic Complete is a land registration activities for the first time conducted secacara simultaneously for all objects of land registration throughout the territory of the Republic of Indonesia in the territory of the village / village or other names that level with it, which involves the collection and determination of the truth of physical data and juridical data regarding one or several objects of registration of land for the purposes of registration.Keywords: Legal Development; PTSL; land; Justice dignified.
IMPLEMENTATION THE WAREHOUSE RECEIPT SYSTEM AS ONE OF BANKING CREDIT GUARANTEE ACCORDING TO ACT ON WAREHOUSE RECEIPT SYSTEM
Authors: Hanim Lathifah
Published: February 2022

Warehouse receipt system is the most secure and sophisticated when compared to some systems that ever existed in Indonesia. In the warehouse receipt system, there is a guarantee of security for banks, because all the data administration of the warehouse receipt concentrated in the Registration Center and overseen by the Supervisory Board (BAPPEBTI) and there is no assurance of quality for the goods owners and prospective owners of the goods because the goods stored properly managed by the manager of the warehouse and quality tested previously by an independent conformity assessment body that has been certified from KAN approved by BAPPEBTI. The method used is doctrinal and non-doctrinal. Research results are 1). Implementation of Warehouse Receipt System as One Credit Guarantee as PP No.36 Of 2007 Article 34 (2), 35 (2), 25 (1) stated that every person who manipulates the data / information related to warehouse receipt and warehouse receipt derivatives defined in Article 35 shall be sentenced to imprisonment for a maximum of 8 (eight) and a maximum fine of Rp.10.000.000.000, - (ten billion rupiah). 2). Obstacles and solutions in the implementation of the Warehouse Receipt System, including transaction costs, inconsistencies in the quantity and quality of agricultural products, the lack of institutional support agriculture, and the still weak institutional farmers. So, this article would like to discuss intensively
Notary Disclaimer Of Coastal Lands On The Development Of Legal Resort
Authors: Arsanudin La Ode
Published: February 2022

This study aims to analyze the regulation of coastal land, the role of the notary in the release of coastal land rights to resort development bodied laws and What are the constraints and solutions in the relinquishment of coastal land titles to resort development who are legally incorporated in Wakatobi Regency, Southeast Sulawesi Province. This study uses an empirical juridical approach, the types and sources of data in this study are primary data and secondary data as well as tertiary data, legal materials and data obtained through literature studies and field surveys with study and interview collection tools, Wakatobi district research area, analysis techniques. data based on qualitative analysis. System The zoning for Wakatobi National Park refers to the Minister of Forestry Regulation Number: P.56 / Menhut-II / 2006 dated 29 August 2006 regarding the Guidelines for National Park Zoning. For the involvement of the Notary, it is not only to help the process of making the deeds of the Waiver of Rights or APH also cares about the waiver process carried out by the parties who are its clients and are willing to provide guidance / advice and legal consultation related to the waiver of rights or problems land in general and it is also known that there is a lack of socialization to the community regarding the zoning system in effect in Wakatobi Regency.
Standing Authentic Evidence Which Application Made By Notary-PPAT Of Uitvoerbaar Bij Voorraad (Ruling That Can Run Over First)
Authors: Hussein Saddam , Hafidz Jawade
Published: February 2022

This study aims to determine the extent of the Status Evidence Authentic Notary or PPAT made towards the implementation of Voerbaar Uit Voorraad Bij (The decision to run first) in the District Court of Class IA Kendari. This study uses normative juridical approach, where data is collected through the study of literature materials and interviews and then analyzed by qualitative descriptive method is an argument of a logical and systematic law in accordance with the formulation of the problem has been formulated.From the results of the research it is concluded that from the point of view of the Law of Evidence in the world of Justice in Indonesia that the Position of Authentic Evidence made by a Notary or PPAT is the same / equivalent to other Authentic Evidence made by other authorized officials such as BPN, Camat, Bailiff, etc., as well as Decisions that can be implemented in advance (uitvoerbaar bij voorraad) and decisions that have permanent strength still experience obstacles in their implementation. These obstacles are caused by both juridical and non-juridical factors. Decisions that can be implemented first (uitvoerbaar bij voorraad) are still very rare, practiced in district courts, especially the Klas IA Kendari district court, that based on our research results, data is obtained that within a period of 4 years, from January 2016 to December 2019 The Kendari District Court has only 1 (one) decision regarding the uitvoerbaar bij voorraad. The obstacles experienced by judges in the District Court, especially the Kendari District Court, are due to the tight supervision of the High Court and the Supreme Court. Because in order to carry out a decision that can be implemented in advance (uitvoerbaar bij voorraad), it must obtain approval from the High Court, and even the High Court before allowing the implementation of the decision or execution, sometimes asking for consideration from the Supreme Court. This is the cause of the Judges' reluctance to issue a verdict that can be implemented first (uitvoerbaar bij voorraad).
Roles and Responsibilities Analysis of Substitution Notary Before Leaving Period
Authors: Nur Andi Deny Zulkifli , Sulchan Achmad
Published: February 2022

This research aims: 1) To find out the legal status of a substitution notary related to the notary who was replaced by a death before the leave ends. 2) Also to understand the administrative settlement mechanism for the Substitution notary Protocol related to the replaced Notary Public before the leave period ends. The research method used is Normative and Descriptive in nature which is supported by primary data and also references to books and related laws in the case of Substitute Notaries. Normative legal research is based on the logic of legal science from the normative side. It is descriptive in nature to present a complete picture of a problem and be described clearly. Based on the research, it is concluded that: In Article 35 paragraph 3 UUJN-P, namely that if the notary dies while on leave, then the duties of his office will be carried out by a substitution notary as a Notary's Temporary Officer no later than 30 (thirty) days from the date of the Notary's death. The administrative settlement mechanism for the Substitution notary Protocol, namely as a Notary Temporary Officer, has expired his term of office. The Regional Supervisory Council, then within 14 (fourteen) days from the end of the term of office of the Temporary Notary Officer, it is required to appoint a Notary as the recipient of the Notary protocol. Pursuant to Article 35 paragraph (4) UUJN-P that the Substitution notary Public as Temporary Officer of Notary Public has a period of submission of the Notary Public Protocol and the Substitution notary Public is no longer than 60 days from the death of the Notary Public.
Legal Study Of Making An Electronic Notary Deed
Authors: Nastain Muhamad , Setyawati Setyawati
Published: February 2022

The Research Objectives Are: 1) Describe the Legal Study of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights. 2) Describe the Implementation, and Constraints of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights, while the data used in this study are Secondary data consisting of Primary Legal Materials and Secondary Legal Materials which are then analyzed by descriptive analysis methods.Based on the results of data analysis concluded that: 1) Notaries as Officials who carry out part of the State Function are required to provide maximum Public Services in Legal Services. Through the role of the Directorate General of General Law Administration, the Notary was given the convenience of carrying out his duties related to the Making of Electronic Deed through the AHU Online Application and in carrying out the making of the Electronic Notary Deed not in violation of Act No. 25 of 2009 On Public Services. 2.) Despite the ease in providing public services, there are still obstacles in the implementation of the making of electronic deeds, which include server problems that are often down and human resources who are not yet competent to run them.
The Implementation Of The Notary Careful Principle In Implementing The Position As A Public Official
Authors: Nafisa Uyunun , Setyawati Setyawati
Published: February 2022

The purpose of this study are: 1) To Know and Analyze the Application of the Principle of Notary Precautions in Carrying Out His Position As a Public Official. 2) To find out and analyze the legal consequences of an authentic notarial deed that does not apply the precautionary principle in carrying out his position as a public official. This research uses the Sociological Juridical Approach Method. The data used in this study are primary, secondary and tertiary data which can support the assessment, which are then analyzed using the Descriptive Analysis and Qualitative Analysis methods. Based on the results of data analysis, it can be concluded that: 1) Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 9 Of 2017 Regarding the Application of the Principle of Recognizing Service Users for Notaries, requires the Notary to be careful in recognizing Service Users and must submit suspicious Transaction Reports to the Reporting Center Financial Transaction Analysis (PPATK) to avoid Notaries as a Means in Money Laundering Activities and provide legal protection to Notaries. 2) The position of an authentic deed which is proven later as money laundering is the responsibility of the tappers because in the Material Aspect (materiele bewijskracht) The information set forth in the official deed (official report) submitted before the Notary (party deed) must be assessed correctly.
Position of Foundation Assets from State Assistance
Authors: Fahdi Mohammad , Purnawan Amin
Published: February 2022

The existence of a foundation in the community to achieve various activities, aims and objectives in the social, religious and humanitarian fields has developed rapidly and has more diverse features. However, there are various interpretations of the substance of the Law on Foundations in society, which can lead to uncertainty and legal order. In this connection, a foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. A foundation is a legal entity consisting of separated assets of the founder. In addition, the source of the foundation's wealth can be obtained from other sources. Based on the Foundation Law, it is stated that the sources of the Foundation's assets can also be obtained from: donations or assistance that are not binding, waqf, grants, testament grants, and other acquisitions that do not conflict with the articles of association or the prevailing laws and regulations. Donations or non-binding assistances are defined as voluntary donations or assistance received by a foundation, whether from the State, the community or from other parties. This research was conducted to analyze problems arising from the position of the foundation's assets originating from state assistance and to find solutions to the problems that arise. The approach method used in this research is normative juridical which is descriptive-analytical in nature. Primary data is obtained using field research methods, while secondary data is obtained through library research. The collected data were analyzed qualitatively. The results of this study indicate that the management of the foundation is still influenced by the bureaucratic structure when viewed from the composition of the personnel of coaches, administrators and supervisors consisting of former local government officials and the Ministry of Religion of Cirebon Regency.
Sanctions Mechanism for Notary Who Break the Code of Ethics
Authors: Sambira Yuli
Published: February 2022

Notary is a public official who is appointed by the Government and entrusted with the authority to make a written deed in the form of an authentic deed. Not only do notaries have the task of making authentic deeds in certain fields, but in almost every field of civil law where the Notary is authorized to make them. In carrying out his position, a notary is demanded to be more sensitive, honest, fair and transparent in order to ensure the implementation of the goals and obligations of all parties directly involved in making authentic deeds. In carrying out his / her duties, a notary must adhere to the code of ethics of the notary's office, because without it his professional dignity will be lost and he will not gain the trust of the public. The Notary Code of Ethics is a self-control for Notaries in carrying out their duties. The scope of the Notary Code of Ethics applies to all Notaries or those who hold and carry out a Notary position. The Indonesian Notary Association as the parent association for Notaries, has a very important role in enforcing the implementation of the Professional Code of Ethics for Notaries. In upholding the Code of Ethics, there must be harmony between the Notary concerned, professional colleagues, the community and professional organizations, in this case the Indonesian Notary Association, through the Honorary Council which has the main task of supervising the implementation of the Code of Ethics.
LIABILITY AND COMPLETION OF THE LAW ON NOTARY DEED ARE MADE NURSING HIS RULE
Authors: Asriyani Ristya Putri , Gunarto Gunarto
Published: February 2022

Issues raised in this study first, how a form of accountability notary who has ended his tenure on the deed he made before the end of his tenure? Second, how the legal protection of a notary who has ended his tenure on the deed made before nursing. This study analyzed qualitatively in the form of research reports, descriptive and approach of this research is the approach of legislation and case-based approach to the type of juridical empirical research. From the analysis of the study concluded that the first form of responsibility notary who has ended his tenure against the violation of the law office of a notary, may be accounted for either administrative, civil and criminal as well as a variety of sanctions. Second,Keywords: Notary nursing; responsibilities of a notary; notary legal protection
Role and Responsibilities of Notary Statement on General Meeting of Shareholders (AGM)
Authors: Yana Yuli Tri , Handoko Widhi
Published: February 2022

The purpose of this study was to determine: 1) The powers and responsibilities of Notaries in deed statement of decision general meeting of shareholders of a limited liability company, 2) The legal consequences of a deed statement of decision general meeting of shareholders of a limited liability company, 3) Legal protection for Notaries in the making deed of declaration decision general meeting of shareholders limited liability company. The approach used in this paper is normative, with the help of primary data in the form of legal material which is two primary legal materials and secondary legal materials as the main data. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative. The research results are: 1). Role of Notary in the manufacture of the Deed of General Meeting of Shareholders of the Company Limited by Act No. 30 of 2004 concerning Notary, particularly Article 15 which essentially gives some authority to the Notary as a public official in performing their duties, namely: Notary authorized to make an authentic deed regarding all deeds, agreements, and provisions required by legislation and / or desired by the stakeholders to be stated in an authentic deed, deed of guarantee certainty of the date of manufacture, save deed, giving grosse, copy, and official copies, all of it along the manufacture the deed was not also be assigned or excluded to other officials or any other person specified by law. 2). General Meeting of Shareholders. 3). Deed of the General Meeting of shareholders is an authentic act that is Partij Akten that deed made by the parties before a notary.
Purchase and Purchase Binding Agreement as a Production Guarantee Power of Attorney to Impose Mortgage Rights
Authors: Rosita Andi , Purnawan Amin , Khisni Akhmad
Published: February 2022

This study aims to: to find out whether the Sale and Purchase Agreement can be used as a guarantee for the making of a power of attorney to impose mortgage rights. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis.Based on the results of data analysis, it is concluded that the sale and purchase agreement is a manifestation ofthe principle of freedom of contract in which the parties are free to make any kind of agreement they want as contained in Article 1338 of the Civil Code by stating that all agreements made legally are valid as law for those who make them. However,the sale and purchase agreement cannot be used as a guarantee in making the deed of power of attorney to impose mortgage rights because ifthe land rights process has not been completed and the SKMHT period has ended laterthe debtor is in default, the skmht is null and void and the land object which is still in the status of a sale and purchase agreement cannot be subject to security rights and the deed of power of attorney imposing mortgage rights (SKMHT) cannot be upgraded to deed of granting mortgage rights (APHT) which is executorial in nature. The validity period of SKMHT for land that has been registered is one (1) month and creditors have the potential to lose the opportunity to impose mortgage rights.
Implementation of Application for Ownership of State Land in Comparable Railroad Tracks
Authors: Shidiq Andrian , Wahyuningsih Sri Endah , Ngadino Ngadino
Published: February 2022

The purpose of this study is to 1) Know the implementation of land rights applications that are located along the railroad tracks in Pucangsawit Village, Surakarta City. 2) Knowing the obstacles that arise in the implementation of applications for land rights located on the equivalent of railroad tracks in the Pucangsawit Village, Surakarta City. The data used in this research are primary data, secondary data, and tertiary data that can support this study, which are then analyzed using descriptive analytical methods.Based on the results of data analysis, it is concluded that: 1) there is a desire of the community around the equivalent of the railroad tracks in Pucangsawit Village, Surakarta City to have a Freehold certificate. The land he occupies is state land which is beyond the control of PT. KAI Daop Jogjakarta in accordance with the technical recommendations issued by PT. KAI daop Jogjakarta. The basis for the consideration of granting a property certificate from the Surakarta City Land Office is that the community members who apply have controlled and occupied the land for more than 20 years and the land requested is outside the railroad equivalent line whose control is at PT. KAI is in accordance with the recommendation of PT. KAI Daop Jogjakarta. 2) The obstacles faced include, among others, there are still many people along the railroad who do not know the boundaries of land under the control of PT. KAI, the lack of insight and understanding of community members around the railroads regarding land law, especially in filing applications for state land ownership so it needs socialization from related agencies, and there are still complicated procedures and bureaucracy in applying for equivalent state land ownership. railrood tracks that need to be simplifed.
Implementation of Transfers of Sale and Purchase Rights to Freehold Land and Registration
Authors: Pradhani Anggri Rizky
Published: February 2022

This study aims to: 1) To find out the procedures and procedures for the sale and purchase of freehold land and its registration at the Cirebon City Land Agency Office. 2) Obstacles that occur in the registration of the transfer of sale and purchase of property rights at the Cirebon City Land Agency Office. The approach method used in this research is the juridical empirical legal approach method. Research using the empirical juridical legal method is also called legal research regarding the enactment or implementation of normative legal provisions in action on any particular legal event that occurs in society. Based on the results of the data analysis, it is concluded that: 1. To make it easier to carry out legal actions of transferring property rights which are the objects of transfer to the right recipient, the transfer of rights must be carried out before the Land Deed Making Official who makes the deed and registered at the Land Office. In making a deed of sale and purchase of land rights, the seller, the buyer and witnesses must attend. Two pieces of land deeds issued by PPAT are made, all of which are original. One sheet is kept at the PPAT Office, the other sheet is submitted to the Head of the Land Office for registration purposes. The parties were only given a copy. 2. Obstacles originating from internal factors, causing the community to feel disappointed because the registration service for the transfer of land rights seems slow, While the obstacles originating from external factors, there are still many people who do not make the transfer of their land rights before the PPAT and at the same time do not register the transfer at the Land Office.
The Overlapping Land Settlement
Authors: Wardana Dwi Wisnu
Published: February 2022

The role of Agrarian and Spatial Planning/National Land Agency is very much needed in society to fulfill the need for land services in this part of Indonesia. Considering the importance of a land certificate as a perfect and valid evidence for ownership of land rights, it is necessary to deal with land disputes with a view to ensuring legal certainty of land rights against the right holder or owner. This study is to determine the overlapping resolution in the Office of Agrarian and Spatial Planning/National Land Agency of Surakarta City over land use rights (HP) in Purwodiningratan Surakarta number 36 on behalf of the Surakarta City Government domiciled in Surakarta covering an area of approximately ± 9,350 m2, with Use Rights ( HP) number 23 on behalf of the Ministry of Transportation of the Republic of Indonesia domiciled in Jakarta (PT. Kereta Api Indonesia) covering an area of approximately ± 33,225 m2. This research is a descriptive empirical (sociological) juridical research with research data sources derived from primary data and secondary data. the data used includes; interviews, field observations and literature study in the form of books, laws and regulations, documents etc. hThe research results that have been collected are then analyzed qualitatively. This study aims: 1) To determine to analyze overlapping land settlement. 2) To find out the obstacles and solutions in overlapping land settlement. 3) To analyze to find legal certainty due to overlapping. Many obstacles to overlapping land settlement in the settlement of Hak Pakai land, especially those belonging to government agencies, are constrained by the bureaucracy of rights holders. The efforts and solutions for the settlement of overlapping land mediation by the Land Office of Surakarta City, in this case, are very dependent on the holders of Land Rights in the settlement of the Land Office as a mediator in the settlement in accordance with statutory regulations.
Implementation of Supervision & Enforcement of Sanctions Against Notaries Who Do Not Carry Out Their Position
Authors: Setyaningrum Farah Syifa , Wahyuningsih Sri Endah , Handoko Widhi
Published: February 2022

Notary as a position of trust means nothing if it turns out that those who carry out their duties as Notary Public are untrustworthy, so that between the position of the Notary and the official (who is carrying out the duties of the position of Notary) must be in line like the two sides of a coin that cannot be separated. Supervision and guidance is needed so that the Notary in carrying out his duties and responsibilities as given by the relevant basic regulations, is always carried out on a predetermined path, not only the legal route, but also on the basis of moral and professional ethics, with the aim of ensuring legal protection and certainty. law for the public who use Notary services, in this case the authorized party, is the Notary Supervisory Council (MPN). The purpose of this research is to analyze the implementation of supervision and enforcement of sanctions against notaries who do not carry out their positions properly in the city of Tegal. To analyze the obstacles and solutions to the implementation of supervision and enforcement of sanctions against notaries who do not carry out their positions properly in the city of Tegal. The method used in this research is the empirical juridical method, which is a legal research method that seeks to see the law in a real sense or can be said to see, examine how the law works in society. The results of this study ultimately provide an answer that the Notary Supervisory Council must be able to improve the quality and quality of notary services. Notaries who have committed violations must accept the consequences, namely getting sanctions because there are still many Notary candidates who are still waiting for the formation of positions in each region. If they are not competent in carrying out their duties, the Notary Supervisory Council, in this case the MPP, will impose sanctions on disrespectful dismissal, in accordance with Article 7 of the Law on Notary Position Number 2 of 2014 concerning Amendments to Act No. 30 of 2004 Notary Position. The guidance carried out must be based on a high awareness and understanding of moral and ethical values.[1] Habib Adjie, Sanksi Perdata dan Administratif Terhadap Notaris Sebagai Pejabat Publik, Bandung : PT. Refika Aditama. p. 35.
The Role of Land Associates Officials (PPAT) in Collection of BPHTB Tax on Land & Building Transactions for Sale & Building
Authors: Marinda Tafana Bella , Khisni Akhmad , Ngadino Ngadino
Published: February 2022

The legal act of transferring rights to land and/or buildings must always be followed by the making of the necessary deeds, as specifically regulated on this matter. Which deeds must be made by the competent official for this, namely the Official for Making Land Deeds (PPAT), where in certain cases the deed is made by a notary. Thus, the government in its issued regulation has assigned the official making the deed to participate in supervising the payment of taxes payable on the said land and/or building transactions. However, in its implementation there are still many obstacles that arise, especially there is still tax avoidance in land transactions, and a lack of understanding of the calculation and payment of Land Rights Acquisition Tax (BPHTB) by taxpayers, which results in the main tax function to fill State cash receipts, which are often referred to as budgetary functions, which are not well implemented. In the collection of Land Rights Acquisition Fees (BPHTB) in connection with the deed he makes, it is hoped that the Notary as PPAT will play an active role requiring payment of Land Rights Acquisition Fee (BPHTB) in transferring rights to land and buildings, which after the agreement is made and the payment transaction is made, the tax must be paid as soon as possible, then its correctness is checked so that the deed can be signed immediately.
Legal Problematics Differences in Land & Building Transactions with Validation of Cost of Obtaining Rights to Land & Building (Perda No. 2 of 2011 In Kendari City)
Authors: Chaerunnisa Andi Nurul
Published: February 2022

Tax is one of the largest revenues from the State of Indonesia, in this case one of the results of tax collection is the tax on the acquisition of rights to structures and buildings (BPHTB). the existence of regional autonomy, collection of fees for the acquisition of land rights andthis building is collected by each region independently. The issuance of Act No. 28 of 2009 concerning local taxes and levies made Kendari city regions issue regulations related to local taxes. It is Kendari city regional regulation No. 02 of 2011 regarding local taxes. The amount of collection of fees for acquisition of land and building rights is 5% (five percent) of the value of the acquisition of tax objects (NPOP), this is stated in Article 54. Meanwhile, the collection of fees for the acquisition of rights to land and buildings is carried out by the regional revenue agency. This study aims to determine the determination of the transaction value as the basis for BPHTB validation by the Bapenda of Kendari and to find out legal problems that can arise due to differences in actual transaction prices with BPHTB verification by the Bapenda of Kendari. The method taken by the author is a normative method. The normative approach is an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations.
Juridical Review of Name Loan Agreements in Controlling Property Rights to Land in Indonesia
Authors: Wahyningrum Afriyati
Published: February 2022

This research is entitled Juridical Review of Name Loan Agreement (Nominee) in Ownership of Land in Indonesia. This research aims to find out (1) a juridical review of ownership rights over land of foreign citizens in investment activities in Indonesia and (2) the legal status or consequences of foreign citizens in investing in Indonesia. The problem in this research is the inequality between ideality and reality. There are still many practices of controlling ownership of land by foreign citizens through Nominee Agreements using the guise of Indonesian citizens so that it seems as if they do not violate the law. Even this action was legalized by the Notary/PPAT who in fact clearly understood the applicable law. This study uses a normative juridical approach. The method used in data processing and data analysis used in this study is a qualitative method, which is a descriptive analytical data analysis method that refers to a particular problem or is based on applicable laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory. that is, a descriptive analytical data analysis method that refers to a particular problem or is based on the prevailing laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory. that is, a descriptive analytical data analysis method that refers to a particular problem or is based on the prevailing laws and regulations. The results of this study indicate that the making of deeds made by notaries regarding land sale and purchase by borrowing name or nominee agrement is null and void for the sake of law this violates the Civil Code articles 1335 and 1337 of the Civil Code and article 33 paragraph (3) of the 1945 Constitution and Article 21 paragraph (1) and 26 paragraphs (20 UUPA, also violate the rights of the Indonesian people over Indonesian territory.
Comparison of Advanced Children According to West Law, Compilation of Islamic Law, and Traditional Law of Bugis Customs
Authors: Anriani Anriani
Published: February 2022

The objectives of this study are as follows: 1) To determine the comparison to what extent the position of adopted children in inheriting the assets of their adoptive parents according to Western law, compilation of Islamic law and customary law of the Bugis tribe in Wolo District, Kolaka Regency. 2) To find out what are the obstacles in the application of inheritance distribution according to Western Law, Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency. Based on the data analysis, it can be concluded that: 1) Comparing the extent to which the position of adopted children in inheriting the assets of their adoptive parents according to Western law, the Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency is as follows: In Islamic law, adoption does not have legal consequences in terms of blood relations, guardian-guardianship and inheritance relationships with adoptive parents. He remains the heir of his biological parents and the child continues to use the name of his biological father.Meanwhile, according to the West Inheritance Law are: In Staatblaad 1917 No. 129, the legal consequence of adoption is that the child legally acquires the name of the adoptive father, becomes the child born from the marriage of the adoptive parents and becomes the heir of the adoptive parents. That is, as a result of the appointment, all civil relations are cut off, which originates from the offspring due to birth, namely between the biological parents and the child.Meanwhile, according to the Customary Law of the Bugis tribe, they are as follows: When using customary institutions, the determination of inheritance for adopted children depends on the applicable customary law. Especially the Bugis tribal law thatIf the adopted child is obtained from his/her own family environment, it will result in an unbroken relationship between the child and the biological parents in family relations and assets. And if the adopted child is adopted from the environment outside the family, it can result in the relationship between the adopted child and the biological parents being cut off, especially in relation to assets or inheritance. 2) What are the obstacles in the application of inheritance distribution according to Western Law, Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency, namely: because of the lack of legal education for the community in the process of legalizing adopted children, Lack of public understanding and awareness in the process of distributing inheritance.
The Role & Responsibility of Notaries for the Lost Minuta Due to Notary's Negligence
Authors: Sari Arum Kurnia , Hafidz Jawade
Published: February 2022

The purpose of this research is to find out and analyze: 1). The role and responsibility of the Notary in solving the problem of the loss of the minutes of the deed due to his negligence. 2) Legal implications for a Notary who due to negligence results in the loss of the minutes of the deed. The approach method in this research is sociological juridical. The data used are primary and secondary data obtained through interviews and literature study. The technique of collecting legal materials in this research is by using observation, interview and study document techniques, while the data analysis method is done by analytical descriptive method. The results of the research concluded: 1) The role and responsibility of the Notary in solving the problem of the loss of minutes of deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Position Act, namely making a deed in the form of a minuta deed and storing it as part of the Notary Protocol. In resolving the loss of the minutes of the deed, one of them is to compensate the parties for losses. 2) The legal implication for a Notary who due to his negligence results in the loss of the minutes of the deed can be sanctioned, as stated in Article 9 paragraph (1) letter d of the UUJN namely temporary dismissal from his position as a Notary If the Notary in making the deed is not in accordance with the laws and regulations applicable law, in this case is not in accordance with UUJN, then the act of the Notary can be qualified as a violation of the law. Unlawful Acts are regulated in Article 1365 to Article 1380 of the Civil Code that every unlawful act causes harm to another person causing the person because of his fault to make the loss to compensate for the loss.
The Juridical Analysis of Role & Responsibility of Notaries in Dispute Settlement with Mediation
Authors: Zamaludin Zamaludin , Hafidz Jawade
Published: February 2022

This journal will explore and discuss in order to be able to analyze and be able to find out about Juridical Analysis of the Role and Responsibilities of Notaries in Settlement of Disputes by Mediation/Peace. In this case Problem A peace deed is an agreement between two or more parties in which they request legal force assisted by a mediator in accepting and carrying out the contents of the agreed agreement. Peace decisions have executive power as described in Article 1858 of the Civil Code (hereinafter referred to as the Civil Code), Article 130 HIR paragraphs 2 and 3. Based on this, the peace agreement resulting from a dispute resolution process must be stated in written form, it aims to prevent the re-emergence of the same dispute in the future. This legal research aims to find out what is the role of a notary in settlement with peace outside the court and how is the responsibility of a notary in resolving disputes against a peace deed made before a notary and what is the legal force of a peace deed made before a notary. In this case deed of peace can be in the form of an underhand deed or an authentic deed made by a notary. This research is a normative juridical research that is used is the approach, namely: the juridical approach is used for research that refers to existing literature studies or to the secondary data used. While the normative approach is used to obtain normative knowledge about the relationship between one regulation and another and its application in practice. Types of legal materials used: Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials obtained through literature study and data obtained from related parties. That is in Juridical Analysis of the Roles and Responsibilities of Notaries in Settlement of Disputes Amicably
The Tenure of Land by Foreigners through Nominee Agreements & Waarmerking by Notaries
Authors: Amalia Anisa , Ma'ruf Umar , Ma'ruf Umar
Published: February 2022

Land tenure between foreigners and Indonesian citizens through a nominee agreement is an effort made so that foreigners own land in Indonesia with Own rights status, which is done by borrowing the name of the Indonesian citizen to be included in the land certificate. However, this is contrary to the applicable laws and regulations. The problem in this research is what are the legal consequences of land tenure by foreigners through a nominee agreement made under the hand and waarmerking by a notary in Jepara Regency. This study uses an empirical juridical approach. The research specification is descriptive analytical, the type of data comes from primary data obtained through field studies and secondary data through library studies. Methods of collecting data through interview techniques, literature studies and document studies. The method of data analysis is descriptive qualitative. The results of the study indicate that the practice of land tenure through nominee agreements made under the hands of foreigners and Indonesian citizens with the aim that foreigners can control land with property rights status like Indonesian citizens is legally a form of legal smuggling so that the agreement is not valid or deemed to have never existed and resulting in the sale and purchase of the land being null and void and the land falling to the state, this is based on Article26 paragraph (2) BAL.
The Position of Debtor Legal Protection for Bankruptcy of Separatist Creditors
Authors: Yusuf Herman , Sulchan Achmad , Ma'ruf Umar , Sugiharto R.
Published: February 2022

The position of the debtor who is bankrupted by the preference rights of the creditor results in injustice, especially in terms of the legal protection of the debtor. The revision of Act No. 4 of 1998 to Act No. 37 of 2004 contained a conflict of norms in it. The purpose of this research is to analyze and find out: 1).Implementation of debtor legal protection against bankruptcy carried out by current separatist creditors. 2). Factors that affect the implementation of legal protection for debtors against bankruptcy carried out by separatist creditors. 3) Implementation of legal protection for debtors for bankruptcy carried out by separatist creditors. The approach method in this research was normative juridical. The data used was secondary data obtained through literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of debtor legal protection for bankruptcy carried out by separatist creditors currently as intended by Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to debtors, considering that the two articles are only based on the existence of debt from the debtor and related to the position of the solvent or insolvency based on the view of the creditor alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) Factors influencing the implementation of debtor legal protection for bankruptcy carried out by separatist creditors are legal factors, namely the existence of provisions in Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors, legal implementation factors are in the form of a culture judges as mouthpieces of the law even though it is well known that the door to justice in bankruptcy cases is the judge's decision. 3) Implementation of debtor legal protection for bankruptcy carried out by separatist creditors which should be in order to realize protection for debtors related to the execution of parate by creditors, it is necessary to renew the concept of bankruptcy law in Indonesia.
Registration of Rights Transfer of Land Due to Instruction Related to Development of Collective Rights Sharing (APHB)
Authors: Sholihah Arrofi'atush , Khisni Ahmad
Published: February 2022

The results of research and discussion suggest that the transfer of rights due to inheritance occurs at the time of a person's death. In a sense, that since then the heirs became the new rights holders. As to who is the heir is stipulated in the applicable civil law. If the heirs are more than one person, and the heirs agree to appoint one of the heirs as the rights holder who will be listed in the certificate by making an inheritance certificate and an affidavit of the heirs, then by PPAT will be made APHB as the basis for the transfer of rights with the approval of all heirs. The purpose of this research is to know the process of implementing the registration of transfer of rights due to inheritance related to APHB, Legal consequences for the registration of land rights transfer due to inheritance related to APHB and the creation of APHB Deed. This study uses empirical juridical approach method with data collection techniques through primary data and secondary data. To collect primary data is done with field research using interviews. While the secondary data is obtained by reviewing primary legal materials and secondary legal materials, which are then analyzed using qualitative analysis techniques and interpreted logically and systematically which are then concluded.