Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : HUKUM BISNIS

TANGGUNG JAWAB NOTARIS TERHADAP SERTIFIKAT HAK ATAS TANAH YANG HILANG AKIBAT PENCURIAN DITINJAU DARI HUKUM PERDATA Qumarudin, Jeffri; Sesung, Rusdianto
Jurnal HUKUM BISNIS Vol 8 No 1 (2024): Volume 8 Number 1 2024
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33121/hukumbisnis.v8i1.2828

Abstract

A notary is an official who has the authority to make authentic deeds. The authentic deed itself functions as the most perfect piece of evidence in court, in the event of preservation of related rights and obligations. With the authority granted by law and the trust of the people served through legal traffic, it cannot be denied that in the process of transferring names, you will certainly receive a mandate from the applicant to keep the certificate of title to the land. In this research, the author analyzes the authority and responsibilities of Notaries in storing certificates of land rights lost due to theft. The type of research used is normative juridical or library research. The approach method is a statutory-regulatory approach, which means the approach is carried out by examining all laws and regulations related to the legal issue being handled. Basically, the notary himself does not have the authority to store land title certificates. This attitude is a form of neutral attitude that the notary has towards the parties to ensure legal certainty and protection. so that the notary indirectly assumes responsibility for storing land title certificates, including the obligation to safeguard the certificates, with the trust given by the parties. So that the Notary's form of responsibility must be carried out in accordance with the provisions of Article 1706 of the Civil Code (BW), which regulates that the Notary is also required to maintain and guard the certificate. The notary is obliged to compensate for damage or loss of land title certificates as reflected in Article 1694 of the Civil Code (BW). Thus, the notary's responsibility for land title certificates lost due to theft can be carried out in the form of compensation in the form of a replacement certificate. Keywords: Liability, theft, replacement certificate
KEDUDUKAN KEBIJAKAN PEMERINTAH KOTA SURABAYA UNTUK TIDAK MEMBERIKAN PELAYANAN PUBLIK KEPADA SUAMI YANG DIPUTUS BERCERAI OLEH PENGADILAN AGAMA SEBELUM KEWAJIBAN NAFKAH DIPENUHI Franklin, Yohanes; Sesung, Rusdianto
Jurnal HUKUM BISNIS Vol 9 No 1 (2025): Volume 9 No 1 2025
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Licensing is one form of administrative public service provided by the government to the community. To ensure the fulfillment of rights and legal certainty for the community in obtaining licensing services, the government, especially the regional government, has prepared service standards which are stated in the form of a Regional Head Decree or a Regional Apparatus Head Decree. However, the right to obtain licensing services can be limited if there is a court decision that has permanent legal force ordering the regional government not to provide licensing services to a person or legal entity. In order to protect the rights of women and children after divorce, the Surabaya City Government and the Surabaya City Religious Court have made an agreement containing a policy not to provide public services including licensing services to husbands who have not fulfilled their obligation to provide support based on a court decision issued by the Surabaya City Religious Court. The legal issue of concern is the validity of the contents of the Surabaya City Religious Court Decision considering that divorce cases are cases of the parties and the regional government is not a party to the case. Based on general legal principles, judges in deciding cases are prohibited from taking legal action without legal authority. In this case, the divorce dispute filed by the parties only discusses the resolution of the dispute that occurs between the parties. With the existence of the Surabaya City Religious Court Decision which has permanent legal force, the Surabaya City Government is bound not to provide licensing services. Keywords: Licensing Services; Regional Government Policy; Protection of Women and Children
KEWENANGAN GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DALAM MELAKUKAN EVALUASI TERHADAP PERATURAN DAERAH KABUPATEN/KOTA TENTANG RENCANA TATA RUANG WILAYAH Sundari, Siti; Sesung, Rusdianto
Jurnal HUKUM BISNIS Vol 9 No 2 (2025): Volume 9 no 2 2025
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The evaluation of the Regional Spatial Plan (RTRW) by the Governor aims to ensure that spatial policies at the district/city level are not only in accordance with local interests, but also support the national development agenda and maintain balance between regions. Compliance with national policies means that every policy taken by the regional government must be in line with the laws and regulations set by the central government. In its implementation, the evaluation process often faces several obstacles. Problems arise, there are differences in interpretation of regulations between the central and regional governments, and resistance from district/city governments who feel that their authority is being intervened. There is a conflict of interest between the central government, provincial government and district/city government in the preparation of the RTRW. In this case, the Governor must be able to balance the interests of the various parties in carrying out his evaluation duties. So it is necessary to emphasize a strong basis in terms of the limitations of the Governor's authority as a Representative of the Central Government in evaluating the Regency/City Regional Regulation on the Regional Spatial Plan, and it is necessary to know the legal consequences of the Regency/City Regional Regulation on the Regional Spatial Plan that are not in accordance with the results of the Governor's evaluation as a representative of the Central Government. Keywords: Authority of the Governor; Governor's Evaluation; Evaluation of the Regional Spatial Plan.