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All Journal Lex Jurnalica (Ilmu Hukum) Jurnal Ilmiah Hukum dan Dinamika Masyarakat Qistie: Jurnal Ilmu Hukum Rechtsidee Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial JURNAL PENDIDIKAN TAMBUSAI Awang Long Law Review Unes Law Review Journal of Humanities and Social Studies JISIP: Jurnal Ilmu Sosial dan Pendidikan JURNAL HUKUM dan KENOTARIATAN Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Adigama Alauddin Law Development Journal (ALDEV) Academia Open Jurnal JURISTIC (JuJUR) Indonesian Journal of Law and Economics Review JIHAD : Jurnal Ilmu Hukum dan Administrasi SUPREMASI Jurnal Hukum Jurnal Tunas Agraria Jurnal Sosial dan Teknologi Jurnal Yustitia Interdisciplinary Social Studies Jurnal Konstitusi Jurnal Risalah Kenotariatan Journal of Social Research International Journal of Multidisciplinary Research and Literature (IJOMRAL) Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Comprehensive Science Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Edunity: Kajian Ilmu Sosial dan Pendidikan Semarang Law Review Jurnal Ilmu Multidisplin QISTINA: Jurnal Multidisiplin Indonesia Jurnal Sosial dan Sains Jurnal Indonesia Sosial Teknologi Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Innovative: Journal Of Social Science Research Mutiara: Multidiciplinary Scientifict Journal Tasyri' RechtIdee Jurnal Global Ilmiah Bhinneka Multidisiplin Journal Rechtsvinding Journal of Law and Justice Jurnal Ilmu Multidisiplin Joong-Ki
Djaja, Benny
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LEGAL CERTAINTY ARTICLE 15 PARAGRAPH (3) LAW NUMBER 2 OF 2014 CONCERNING AMENDMENT TO LAW NUMBER 30 OF 2004 CONCERNING NOTARIES Panglima, Rubby Aditya; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.633

Abstract

This study discusses the ambiguity of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries (Amendments to the Notary Law) which affect legal certainty in the regulation of the authority of a notary related to "authority others regulated in the Legislation". This provision causes confusion regarding the scope and limits of a notary's authority in carrying out his duties. This study also analyzes the impact of the ambiguity of these norms on the implementation of the authority of a notary in legalizing electronic transactions. Through a normative legal research approach, the author analyzes the relevant articles in the Notary Law and related laws and regulations to understand the legal context related to the authority of a notary. This research finds that the ambiguity of norms in Article 15 paragraph (3) creates ambiguity regarding the limits and scope of a notary's authority in terms of "other authorities regulated in Laws and Regulations". The impact of the ambiguity of this norm can be seen in the implementation of the authority of a notary in legalizing electronic transactions. Without clarity regarding the scope of this authority, notaries may face difficulties in determining whether they have the authority to certify certain electronic transactions, which in turn can affect the legal certainty in such transactions. This study suggests the need for clarification of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries. A clear clarification will provide clarity to notaries regarding the limits and scope of their authority in relation to "other authorities stipulated in Laws and Regulations", so as to increase legal certainty and the effectiveness of the implementation of notary powers in validating electronic transactions.
PERTANGGUNGJAWABAN AKTA NOTARIS SEBAGAI AKTA AUTENTIK SESUAI DENGAN UNDANG-UNDANG JABATAN NOTARIS Sirait, Gladys Natalie Aurielle; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.641

Abstract

Notaries are public officials who have the right to make authentic deeds that can be used as evidence in a civil case. Law No. 30 of 2004 explains that a Notary is a public official who has the authority to make authentic deeds and has other powers as described in the Law. Notary is the right hand of the state where a Notary must carry out his duties in the field of Civil Law in Indonesia, the Government aims to provide legal guarantees in terms of private law for residents who have given some of their authority to Notaries to make authentic deeds. Therefore, when performing their duties, Notaries must act as responsible public officials. Based on its form, the deed is divided into two parts, namely authentic deeds and underhand deeds. An authentic deed is a deed made by an official who has been given the power or authority by the state/government based on predetermined provisions, either with or without the assistance of those who have an interest, and records what is requested by those concerned. Meanwhile, the deeds of the parties are made at the initiative of the party who comes to the official, such as power of attorney deeds, land title deeds, and sale and purchase deeds. An authentic document is considered the most powerful and complete evidence. It establishes a clear legal relationship between the parties regarding rights and obligations. Notaries are public officials who are authorized to create authentic documents and other duties in accordance with the Law. It is perfect and binding for the judge must consider it as a complete and sufficient basis of fact to make a decision in the settlement of a disputed case
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP MITRA DALAM PERJANJIAN KERJA SAMA ANTARA PERUSAHAAN PENYEDIA APLIKASI MARKETPLACE (SHOPEE) DENGAN MITRA (KURIR) Matara, Opa Jermias; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.684

Abstract

This study aims to analyze the legal relationship in the agreement between the Shopee marketplace company and its partners (courier) and to analyze the legal protection for partners in the Cooperation Agreement between the Shopee marketplace company and partners (courier). The method used in this research is normative juridical, namely the study of legal norms, both primary and secondary legal materials. The results of the study show that the legal relationship in the agreement between the Shopee marketplace company and its partner (courier) is a pseudo partnership legal relationship, namely a cooperative relationship that is not balanced with one another, meaning that the relationship is not really mutually beneficial, instead burdening the courier. and contrary to the principle of partnership. In this case, partner status is intended as a way for companies to avoid the obligation to provide wages according to the regional minimum wage (UMR). Legal protection for partners in the Partnership Cooperation Agreement between the Shopee marketplace company and the partner (courier) is to guarantee that discrepancies or errors regarding the goods ordered are not the responsibility of the courier if this is not caused by the fault or negligence of the courier, as stipulated in Article 1708 KUH Civil. Losses suffered by the courier must be reimbursed and accounted for by the seller, if the discrepancy and damage to the goods from the start is the result of the seller's mistake, while the form of legal protection for the courier in the event of a cancellation of the goods order by the consumer is the first to take the mediation route between the consumer and the courier. disputing parties, if no settlement is reached, the dispute settlement will be pursued through legal means.
Notaris dan Akibat Pembatalan Akta Jual Beli Saham Silang (Cross Holding) oleh Pengadilan Febrina, Dwi Tiara; Djaja, Benny; Sudirman, Maman
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.921

Abstract

This research aims to interpret the legal consequences for Notaries regarding the Cross Holding Deed of Sale and Purchase of Shares which annulled by the Court used by a normative juridical approach, by examining library materials including statutory regulations, legal rules, legal principles and analyzing the provisions of statutory regulation, court decision and other legal material. The public views that notaries always know all matters relating to law, so notaries are expected to be able to inform and explain in detail to their clients that the deed to be made contains prohibited reasons. Even though at the time the deed was drawn up, the Limited Liability Company Law didn’t contain a prohibition on cross share ownership, the prohibition on cross share ownership was stated in the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. In this case the applicant did not involve a third party, the Notary who made the Deed of Cross Share Sale and Purchase. However, a Notary in carry out his position as a public official must apply the principle of prudence, so that in carry out his duties as a Notary doesn’t cause harm to his clients and does not create legal uncertainty.
Akibat Hukum dari Perjanjian yang Dibuat dengan Tanggal Mundur (Back Date) Nathanael, Moses; Djaja, Benny
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1087

Abstract

Back date agreement is an agreement made to accommodate past legal actions. The back date agreement is basically made based on the agreement of the parties so that it generally does not cause harm to the parties. Problems arise if this back date agreement is made in the form of an authentic deed, this is because Article 16 paragraph (1) letter m of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions states that: In carrying out his position, the Notary is obliged to: read the deed before an appearance in the presence of at least 2 (two) witnesses, or 4 (four) witnesses specifically for the making of an underhand will, and signed at the same time by the appearer, witness, and Notary." The results of this study indicate that agreements made on a back date, both in the form of oral agreements, underhand deeds, and authentic deeds, basically have fulfilled the legal requirements of the agreement as referred to in Article 1320 of the Civil Code, so that it has legal.
Kepastian Hukum Terhadap Pemegang Hak Milik Atas Tanah Atas Penerbitan Sertifikat Ganda Fahrani, Ahzaza; Djaja, Benny; Sudirman, Maman
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1122

Abstract

Certificate of land ownership regulated in the Undang-Undang Pokok Agraria (UUPA) is an ownership proof of the land right where it becomes powerful evidence. The increasement of necessity of a land is not followed by the increasement of the availability of land that can be utilized by the society, which causes many disputes related to the ownership or land right. One of many problems that arises is double certificate on a land. Double certificate on a land causing risks on the owner of land right where such phenomena caused by the maladministration to criminal action. Badan Pertanahan Nasional (BPN) as an institution established by the Government that holds the sole authority in national land should be responsible in the matters related to the land dispute, especially double certificate. Beside that, there is a necessity on the legal protection to be provided by the State for the owner of land right to protect the rights of the land owner. The research performed using juridical normative with legislation approach and conseptual approach. The results of the research will be presented in the form of an explanatory-analysis where the author explains the legal certainty for land ownership holders regarding the issuance of double certificates
Permasalahan dari Adanya Ketidaksesuaian Harga yang Tertera Pada Transaksi Akta Jual Beli (AJB) dengan Harga Transaksi Sesungguhnya Kurniawan, Stanley; Djaja, Benny
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1424

Abstract

In transferring rights to land and buildings by way of sale and purchase, the requirements for the formation of an agreement are sufficient based on the agreement between the parties and an agreement. Article 1320 of the Civil Code explains the conditions for the validity of an agreement. In the process, the transfer of land rights is carried out by prioritizing the principles of light and cash, if an agreement has a defect in the subject, the agreement can be canceled, while there is a defect in the object, it is null and void. PPAT plays an important role as an authorized official in making a Sale and Purchase Deed, in this case PPAT is responsible for the product it has made and its making must be in accordance with applicable laws and regulations. If a PPAT commits an act that is not in accordance with the applicable regulations, there are legal consequences that will become a problem in the future. The type of research used is normative. To support this research, the author uses a literature study type of research, which examines several documents related to this research. The method in this research is a normative method with a statutory approach. The research data shows how the problem of the price discrepancy in the Sale and Purchase Deed with the actual price.
Kajian Hukum Terhadap Status Kepemilikan Tanah di Sulawesi Tenggara Arifin, Melissa; Djaja, Benny
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1449

Abstract

and has a very significant role and value in human life, which is reflected in the many land conflicts that have existed in various forms and contexts throughout history. This research applies a legal and sociological approach, using an interactive analysis model. The research results show that land conflicts in society are very diverse, including inheritance disputes, grants, and land buying and selling transactions. Factors that trigger land conflicts generally include the high economic value of land, increasing public awareness, increasing population, and the problem of poverty. In general, resolving land conflicts in society can be divided into two approaches, namely through court processes (litigation) and outside the court (non-litigation). Out-of-court settlements that are generally applied by the community include various methods, such as negotiation involving interested parties, mediation involving an independent third party as a mediator, and facilitation involving more than two parties to find a joint solution.
Upaya Badan Pertanahan Nasional Sebagai Pelaksana Administrasi dari Putusan Pengadilan yang Sudah Berkekuatan Hukum Cardova, Erico; Djaja, Benny
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1487

Abstract

In Indonesia, a rule-of-law state, the relationship between the government and citizens is governed by Administrative Law, ensuring the effectiveness, legitimacy, and legality of state administration. The National Land Agency, established to supervise and nurture land administration, plays a crucial role in implementing the Basic Agrarian Law and managing land registration in accordance with prevailing regulations. Literature studies reveal that the National Land Agency is responsible for providing legal certainty and protecting rights, particularly regarding land ownership. This responsibility includes data management, dispute resolution, and ensuring compliance with legal provisions in court proceedings. The conclusion underscores the importance of the National Land Agency's role in upholding law and safeguarding landholder rights.
Bagaimana Keberlakuan Hak Waris di Indonesia Immanuel Rich, Johannes; Djaja, Benny
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1527

Abstract

This research investigates the implementation of inheritance rights in Indonesia with a focus on the role of customary law, religious law, and positive law in the distribution of inheritance. The research findings illustrate the complexity of the property inheritance system which is influenced by local norms, traditional traditions and religious values. Although Indonesia has national regulations governing inheritance rights, customary law often dominates the division of property in various regions, creating significant variations. Religious law, especially Islamic law, also plays a key role, although implementation varies across different Muslim communities. This research highlights the problem of gender inequality in the inheritance of property and the complexity of modern family structures as the main factors influencing the implementation of inheritance rights. In addition, the economic impact of inheritance rights is highlighted, with particular attention to property management, fair distribution, and protection of heirs' rights. Policy recommendations include legal reform, increasing public awareness, and empowering women to create a more inclusive and fair inheritance rights system in Indonesia.
Co-Authors ., Yetmiaty Abdul Azis, Muhamad Adam, Chistopher Kendrick Aisya, Alyaziza Alifa, Alifa Allister, Davin Aprilia, Indah Siti Arifin, Melissa Aryadewangga, Muhammad Alam Brigays, Chintia Ayala Calista , Jessica Calista, Jessica Cardova, Erico Chaterina, Carren Christhopher, Michael Christine Christine Darman Darman Darmansyah, Adimas Gusti Devi Nurjayanti, Florencia Dewi Rositasari, Noviarasta Diana, Fenny riska Dwi Dharmayanthi, Ni Nengah Dwi Yusakawati, Ni Made Arya Dzakirah, Vania Earlene, Felishella Elfriana Saragih, Mei Eling, Eling Elrika, Elrika Esa Prameswari, Rr. Ayu Gayatri Estera, Sanny Fahrani, Ahzaza Faisal Wirawan, Amaltha FamdaIe, Grace NataIia H Farma Rahayu, Mella Ismelia Febrina, Dwi Tiara Fernando, Ricco Fitria, Sindi Gazali, Narumi Bungas Gita Subagia, Fatsya Givanti, Dofana Haryanto, Steven Galileo Hasanah, Himma Hasim, Fitri Hendry, Hillary Hertanto, Sandrarina Hibono, Michelle Hussy, Maharani Millenia Illona, Illona Immanuel Rich, Johannes Izzah , Nurul IZZAH, NURUL Jane, Fara Julianti, Lili Klenten, Bred Koswara, Nur Salsabila Kurniawan Kurniawan Kurniawan, Kevin Hoo Kurniawan, Stanley Kusumadiani Putri, Livia Leriana, Helda Lukita, Hans M Sudirman, M M Sudirman, M Sudirman Mahendra, Martins Izha Margretha, Syelvia Mariana Mariana Marlianti, Selly Matara, Opa Jermias Mohamad, Alwi Rany Monika, Resia Nabilla, Tasya Nabima, Muhammad Nathanael, Moses Nathawira, Emerentia Oktavia, Ketut Ria Wahyudani Panglima, Rubby Aditya Pitaloka, Diah Marla Pramita, Helen Prathiwi, Della Hadyanti Prayogo, Radius Puspita, Lidya Putri Widodo, Syifa Esthiningtyas Qorib, Syarif Facthul Rachmah, Andriana Rafliansyah, Rafliansyah Rahmawan, Evita Nuraini Ramdhan, Daddy Rania, Rania Rasji, Rasji Rumadanu, Friko Samuel, Yoel Savira, Jennyola Siahaan, Debby Flora Siarill, Jonathan Hervine Silalahi, Wilma Simanungkalit, Rosalina Sirait, Gladys Natalie Aurielle Soewito, Rizal Iskandar Sophian, Romy Prameswara Sudirman Sudirman , Maman Sudirman, M. Sudirman, M. Sudirman Sudirman, Maman Susy Tanzil, Ko Tjajaindra, Phinawati Tonny Nurmala Putra Toruan, Daniel Natanael Lumban Traa, I Komang Krisma Bima Triyana Hardi, Zakiyah Ulina Ginting, Tara Vianka, Maria Ibella Wati Purba, Lisna Widjaja, Viona Winarsih Winarsih Yapferonica, Yapferonica Yohanes, Joshua Yudha, Refans Jaka Pratama Yulian, Fransisca Chatharina Yuliska, Nanda Yusli Juliansyah, Muhammad Yuwono Prianto