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All Journal JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development Batulis Civil Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Invest Journal of Sharia & Economic Law BHIRAWA LAW JOURNAL International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) MLJ Merdeka Law Journal MARAS : Jurnal Penelitian Multidisplin Acten Journal Law Review
Wisnuwardhani, Diah Aju
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Public Health Social Sciences Other

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THE OBLIGATION OF NOTARY TO REPORT SUSPICIOUS FINANCIAL TRANSACTIONS BASED ON THE VALUE OF THE TRANSACTION Fadila, Ilham Zain; Sugiri, Bambang; Wisnuwardhani, Diah Aju
Jurisdictie: Jurnal Hukum dan Syariah Vol 11, No 2 (2020): Jurisdictie
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v11i2.10099

Abstract

Government makes various efforts to prevent the crime of money laundering. One of them is to encourage some parties to participate in supervising the suspicious financial transaction. In its practice, this triggers juridical problem such as verification and monitoring policies of financial transaction on the service users by the notaries. This research aims to describe the notary’s criteria and legal responsibilities on the suspicious transaction. This article is based on the doctrinal legal research with statute and conceptual approaches. The research result shows that the criteria of suspicious financial transaction have been set in Indonesian legislation. The notary has legal responsibility to identify and verify the service users of authentic deed issue in implementing precautionary principles. This responsibility is accompanied by administrative sanction which is in line with the Regulation of the Minister of Law and Human Rights No. 9 of 2017, concerning the Implementation of Knowing Your Customer Principles for the Notary.Pemerintah melakukan berbagai upaya mencegah terjadinya tindak pidana pencucian uang. Salah satunya, mendorong berbagai pihak untuk turut serta mengawasi terjadinya traksaksi keuangan yang mencurigakan. Dalam pelaksanaannya, upaya ini menimbulkan problem yuridis. Seperti kebijakan verifikasi dan pemantauan transaksi keuangan pengguna jasa oleh notaris. Penelitian ini bertujuan untuk mendeskripsikan kriteria dan tanggung jawab hukum notaris terhadap terjadinya transaksi keuangan mencurigakan. Artikel ini berdasarkan penelitian hukum doktrinal, dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa kriteria transaksi keuangan menurigakan sudah diatur dalam peraturan perundang-undangan di Indonesia. Notaris memiliki tanggung jawab hukum untuk mengidentifikasi dan memverifikasi pengguna jasa pembuatan akta autentik dalam rangka penerapan prinsip kehati-hatian. Tanggung jawab ini disertai sanksi administrasi sesuai Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 9 tahun 2017 tentang Penerapan Prinsip Mengenali Pengguna Jasa Bagi Notaris.
Kajian Yuridis Terhadap Binary Option Trading Dalam Perdagangan Berjangka Komoditi Di Indonesia Pranadilla, Komang Panditayana; Mochtar, Dewi Astutty; Wisnuwardhani, Diah Aju; Az, Moh. Ghufron
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12904

Abstract

Most binary options operators operate via internet-based platforms without complying with existing regulations in Indonesia. The problem discussed in this research is whether binary options are included in trading regulated in the Commodity Futures Law and legal protection for investors in binary options. This research uses normative legal research with a statutory approach. The results of this research are that Binary Options cannot meet the criteria as a commodity as regulated in Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading. This can be seen in the indicators listed in Article 1 number 2 of the Commodity Futures Trading Law 
Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction Dian Pratiwi, Rizky Melani; Widhiyanti, Hanif Nur; Wisnuwardhani, Diah Aju
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1713

Abstract

Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.Methods of the Research: The research method used is normative legal research.Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.
Kajian Yuridis Penyelesaian Wanprestasi Pada Bank Perkreditan Rakyat dengan Skema Kredit Linkage Elfarinda, Laila; Mochtar, Dewi Astutty; Wisnuwardhani, Diah Aju
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.13996

Abstract

In the Linkage product, banks provide facilities for BPR (Rural Banks) to obtain credit facilities of significant amounts to ensure smooth operations and productive capital for debtors in need. Additionally, the guarantees used are in the form of Asset Replacement or Nominative Performing Loans. The list of Nominative Performing Loans provided by BPR includes the names of borrowing debtors, personal data of the BPR debtors, including identification numbers, addresses, telephone numbers, account numbers at the BPR, and the credit limits utilized. This creates legal issues in the event of default regarding loans that are not secured by valuable assets. This research is conducted using a normative legal approach, where the author will delve into positive legal norms and other legal literature. The research questions raised are: What is the process of credit agreements under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral and how is the resolution process for defaulting debtors under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral. The research findings indicate that the credit agreement process under the Linkage scheme with Asset Replacement or Nominative Performing Loan collateral is valid in contractual law, as it meets the validity requirements stipulated in Article 1320 of the Civil Code. Furthermore, the resolution process is carried out through judicial procedures, namely by filing a default lawsuit accompanied by a request for asset seizure against the debtor's property, as regulated in Article 1131 of the Civil Code.
Analisis Yuridis Penyimpanan Minuta Akta Notaris Secara Elektronik Engelbert, Lendo Theo; Widhianti, Hanif Nur; Wisnuwardhani, Diah Aju
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.353 KB) | DOI: 10.17977/um019v6i1p172-178

Abstract

This study aimed to discuss and analyze problems regarding the storage of minutes of notary deeds made electronically. This study used a normative research method. The approach used a statutory approach and a conceptual approach. The minutes of the notarial deeds can be made electronically because they were permitted by several regulations. Electronic deed minutes can be stored as long as the original deed was still made and stored conventionally. The validity of the position of the minutes of the determined that was stored electronically as evidence was determined by the judge's consideration.
Perjаnjiаn Pengikаtаn Juаl Beli sebagai Syаrаt Penerbitаn Denah Lokasi Perumаhаn Dersanala, Nabilla Febrina; Wisnuwardhani, Diah Aju
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.763 KB) | DOI: 10.17977/um019v7i2p303-310

Abstract

The focus of this study was to analyze the sale and purchase binding agreement as a condition for the issuance of a housing site plan and to analyze the position of the location plan issued based on the sale and purchase binding agreement. This study used a sociological juridical method with hermeneutic analysis techniques. The sale and purchase binding agreement could be used to fulfill the requirements for issuing a residential site plan while still attaching a deed of rights transfer from the land owner to the housing developer who submits the site plan application. The binding sale and purchase agreement could not be considered as proof of ownership of land rights but could be used as evidence that the developer had purchased land from the previous land owner. The position of the site plan issued based on the binding sale and purchase agreement was legal and could be accounted for as the basis for housing development by the developer.
The Grey Areas: Notary Liability and Intern Supervision in Indonesian Legal Practice Nabila, Selma; Widhiyanti , Hanif Nur; Wisnuwardhani, Diah Aju
Invest Journal of Sharia & Economic Law Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/invest.v4i2.10048

Abstract

This study examines the legal responsibilities and protections for notaries supervising interns in Indonesia, focusing on potential violations and the challenges posed by the differing legal statuses of interns and permanent staff. Employing a normative juridical method with statute and conceptual approaches, this research analyzes Article 16A of Law Number 2 of 2014 on Notary Position, which mandates supervisory duties for notaries but lacks clarity on liability boundaries. The absence of detailed regulations exposes notaries to legal and reputational risks as they may face litigation for interns' misconduct. Inconsistent internship practices across notarial offices further complicates this issue. This study highlights practical challenges, such as managing interns' access to sensitive client information and maintaining confidentiality. These challenges are exacerbated by interns' status as trainees rather than employees, which limits the supervising notary's control and accountability. These findings underscore the need for explicit guidelines to protect notaries from unintended liability while ensuring effective mentorship. Recommendations include implementing specific regulations on supervision, mandatory ethics training for interns, and limited access to protocols. Collaboration with professional associations to establish best practices and maintain a balance between legal responsibilities and training quality is advised. This study contributes to the understanding of professional responsibility in the notarial profession and highlights the importance of clear legal frameworks to support supervisors and maintain public trust.
Legal Analysis of Dismissal of Land Deed Officials Based on Health Conditions in the Perspective of Legal Certainty Pratama, Okky Wildhan; Widhiyanti, Hanif Nur; Wisnuwardhani, Diah Aju
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1384

Abstract

This study aims to analyze the criteria for the dismissal of Land Deed Officials (PPAT) based on health conditions from a justice perspective. The method used is normative legal research with a statutory and conceptual approach, analyzed using a perspective analysis through grammatical and systematic interpretation methods. The results of the study show that the rules for dismissing PPATs due to health reasons refer to Article 10 paragraph (2) letter b of Government Regulation Number 24 of 2016. This regulation does not provide a health recovery period for PPATs, unlike the provisions in the Notary Position Law which grants a three-year recovery period. In conclusion, this regulation creates the potential for injustice for PPATs due to the absence of an opportunity to recover before being dismissed. Regulatory changes are needed to create a balance between public interest and the protection of individual rights.
Analisis Terhadap Kepastian Hukum Putusan Mahkamah Konstitusi Nomor 46PUU-VIII2010 Sebagai Bukti Dalam Penyelesaian Kasus Anak Diluar Nikah: Analisis Terhadap Kepastian Hukum Putusan Mahkamah Konstitusi Nomor 46PUU-VIII2010 Sebagai Bukti Dalam Penyelesaian Kasus Anak Diluar Nikah Putra, Mahendita Galang Perdana Humaidi; Suhariningsih, Suhariningsih; Wisnuwardhani, Diah Aju
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1399

Abstract

This research aims to analyze the legal certainty of the Constitutional Court Decision Number 46/PUU-VIII/2010 regarding the legal status of children born out of wedlock. This decision regulates the recognition of rights for children born out of wedlock, who previously often did not receive adequate legal protection. The analysis is carried out by examining the implications of the decision on legal practices in Indonesia, including how the decision can serve as evidence in resolving disputes related to the legal status of children. Additionally, this research also examines the impact of the decision on the protection of children's rights, as well as the response of society and the government in supporting the implementation of the decision. The results of this analysis are expected to provide a better understanding of the role of the Constitutional Court in upholding legal certainty and the rights of children in the social and legal context of Indonesia. The method used in this research is a normative legal research method, which is applied to examine regulations related to the protection for children born out of wedlock under Constitutional Court Decision No. 46/PUU-VII/2010 is incomplete, as the decision requires DNA testing to establish paternity but lacks enforceable regulations to compel such testing. Despite its limitations, the decision reflects the state's effort to protect these children while encouraging compliance with marriage laws to create a more conducive legal environment.
The Meaning and Limitations of a Notary's Obligation in Safeguarding the Interests of the Parties in Legal Acts from the Perspective of Legal Certainty Rachman, Isnilah Nur; Widhiyanti, Hanif Nur; Wisnuwardhani, Diah Aju
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1401

Abstract

This research aims to the meaning and limitations of a notary's obligation to “safeguard the interests of the parties involved in legal acts” as stipulated in Article 16 paragraph (1) letter a of the Indonesian Notary Position Act. This provision raises ambiguity or lack of clarity due to the insufficient explanation in the law, particularly regarding the phrase "safeguard the interests of the parties." Using a normative juridical research method with a legislative and conceptual approach, with legal materials consisting of primary and secondary legal sources to be analyzed through grammatical interpretation, this study explores the extent to which notaries are required to act neutrally, faithfully, and independently in carrying out their duties. The research finds that the ambiguity of the provision may lead to varying interpretations among notaries, which in turn affects the consistency of the law's application in practice. There is a need for more detailed or explicit guidance in the law to avoid multiple interpretations that could trigger ambiguity in the performance of a notary's duties. This study emphasizes the importance of reformulating the legal provisions to ensure that the notary's obligations in safeguarding the interests of the parties involved are clearer, thereby ensuring legal certainty and protection for all parties involved in legal acts.
Co-Authors Alhamdani, Moch Alfinas Eric Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Az, M Ghufron Az, Moh. Ghufron Dersanala, Nabilla Febrina Dewi Astutty Mochtar Dian Pratiwi, Rizky Melani Elfarinda, Laila Engelbert, Lendo Theo Fadila, Ilham Zain Fauzan Hanif Nur Widhiyanti, Hanif Nur Herlindah Iswi Hariyani Kurniawan, Steven Nabila, Selma Nailah, Yuni Aisyatun permatasari, aulia citra Prakoso, Bhim Pranadilla, Komang Panditayana Pratama, Okky Wildhan Putra, Mahendita Galang Perdana Humaidi Rachman, Isnilah Nur Sugiri, Bambang Suhariningsih Sukarmi Sukarmi, Sukarmi Wahjuni, Edi Widhianti, Hanif Nur Widhiyanti , Hanif Nur