Leny Agustan
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Analisa Hukum Pasal 66 Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris Mengenai Penyimpanan Protokol Notaris Yang Berumur 25 Tahun Oleh Notaris Penerima Protokol Kepada Majelis Pengawas Daerah Notaris Leny Agustan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Notaries have the authority to make authentic deeds, which are called Notarial deeds. The authenticity of Notarial Deeds remains, even until the Notary dies, which is called the Notarial Protocol. Notarial Protocols must be kept by the Notary for an unlimited period of time. Article 63 Paragraph (5) of the Notarial Position Law states that Notarial protocols from other Notaries whose submission is 25 years old or more, are submitted to the Notary Regional Supervisory Board, but the provisions of Article 63 Paragraph (5) are not implemented, the Notary Receiving the Protocol does not submit the minutes that are 25 years old to the Regional Supervisory Board and still keeps the protocol at the Notary Receiving Protocol Office. Based on this description, problems arise regarding, 1) How is the legal analysis of the storage of notarial protocols that are 25 years old by the notary receiving the protocol to the regional supervisory board? 2) How is the authority of the notary as the recipient of the protocol to issue a copy of the minutes of a deed that is more than 25 years old? Based on the formulation of the problem above, the objectives to be achieved in this study are as follows: 1) to determine the legal analysis of the storage of notary protocols that are 25 years old by the notary receiving the protocol to the regional supervisory board. 2) to determine the authority of the notary as the recipient of the protocol to issue a copy of the minutes of the deed that are more than 25 years old. This study uses a normative legal research approach. The main material of this study is Secondary Data obtained from various pre-existing data based on laws, literature and other legal studies. Primary data from primary, secondary and tertiary legal materials, using qualitative data analysis and presented in descriptive form. The results of this study indicate that the storage of Notary protocols that are 25 (twenty five) years old or more as regulated in Article 63 paragraph (5) of the Notary Law must be carried out by both the Notary Receiving the Protocol and the Notary MPD, but this is not implemented due to the lack of infrastructure owned by the Notary MPD. The Notary Receiving the Protocol has the obligation to store and maintain it, and for the purposes of a copy of the minutes of the deed, the Notary Receiving the Protocol still has the authority as long as the Notary is in office and has the right to issue a copy of the minutes (received protocol), the Notary MPD does not have the authority to issue a copy of the minutes because there is no authority granted by law to the Notary MPD.
Kekuatan Pembuktian Pembatalan Perjanjian Pinjam Pakai Di Bawah Tangan Terkait Hak Guna Pakai Atas Tanah Leny Agustan
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

One of the agreements that can be attached to land is a land loan agreement. Ownership of goods that are used as objects of loan, the provisions of Article 1741 of the Civil Code explain that, in a loan, the lender remains the owner of the loaned goods. Furthermore, Article 1742 of the Civil Code states that, anything that can be used by people and is not destroyed due to use, can be the subject of a loan agreement. In relation to the loan agreement, there was a case around 1991, a loan agreement was made for a plot of land measuring 1,500 m2 (one thousand five hundred square meters) which was used as an educational facility in the form of a public elementary school. Then, upon agreement of the parties, a Certificate of Land Use Rights was made. The lawsuit resulted in a Decision by the Cibinong District Court which declared the loan agreement and the certificate of use rights for a plot of land ownership that had been used for educational facilities null and void or had no legal force and decided that the object of the dispute should be returned to its owner in its original condition. The appeals court declared all letters or documents, as well as all agreements that referred to the object of the dispute, null and void. Based on the description, the problem arises regarding How is the evidentiary power of the cancellation of the land use agreement and the granting of land use rights? Based on the formulation of the problem, the objectives are as follows, to determine the evidentiary power of the cancellation of the land use agreement and the granting of land use rights? The research is explanatory, the source of library data, in the form of secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research, it can be concluded that, the provisions of Article 1742 of the Civil Code explain that the object of the loan is everything that is not destroyed by use. Land is an object that cannot be destroyed by use, so that land can be used as an object of the loan agreement. Evidence in the form of private writings, if one of the parties or the heirs of one of the parties denies or does not acknowledge the writing, then the judge must order that the truth of the writing or signature be examined in court, if the signature of the letter which is a private deed is acknowledged but the contents of the private deed are denied then the value of the formal strength and retroactive evidence collapses and plummets. Therefore, the judge can consider canceling the private writings