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Journal : Unes Law Review

Penerapan Prinsip Kehati-Hatian Sebagai Perlindungan Hukum Preventif dalam Pembuatan Akta Autentik Notaris Zanuba Arifa Khafsof ZM; Amad Sudiro
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1176

Abstract

The purpose of writing this article is to be able to understand and analyze the application of the precautionary principle as preventive protection in making authentic notarial deeds. This article uses a normative research type with a statutory and regulatory research approach and a conceptual approach, and uses qualitative descriptive data analysis with deductive thinking methods. The form of the precautionary principle referred to above is a principle that is not regulated and strengthened in the UUJN, which causes notaries in carrying out their duties as public officials who make authentic deeds to often encounter legal problems, such as forgery of identity letters of the parties, certificates and false statements from the parties. . In this way, the notary will be vulnerable to being caught in a crime, namely falsifying documents due to negligence or committing a criminal act due to negligence. Based on Article 50 of the Criminal Code, it confirms that "whoever commits an act to carry out statutory regulations, must not be punished." Article 50 of the Criminal Code provides legal protection for the actions of Notaries as stated in Article 48 paragraph (1) of Law no. 2 of 2014, which regulates that the contents of the Deed are prohibited from being changed, which has the implication of binding the Notary in the criminal act of Negligence
Penetapan Tanah Terlantar Sebagai Bentuk Perlindungan dan Kepastian Hukum dalam Penertiban Kawasan Tanah Terlantar Farhan Zarbiyani; Amad Sudiro
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1265

Abstract

The purpose of writing this article is to find out how the form of legal protection and legal certainty over the determination of abandoned land as a form of controlling abandoned land areas. This article uses normative legal research, with statute approach and conceptual approach and descriptive qualitative research analysis with deductive thinking method. The form of legal protection for the community against the determination of abandoned land is through the utilisation of abandoned land by the government which is a strategic stage and the mechanism must be able to ensure that efforts to curb abandoned land must be returned to the greatest prosperity of the people through the process of determining abandoned land that applies the values of the General Principles of Good Governance and in accordance with statutory regulations, starting from the Basic Agrarian Law, Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Flat Housing Units, and Land Registration, Regulation of the Minister of Agrarian Affairs and Spatial Planning, Head of the National Land Agency No. 20 of 2021 concerning Procedures for the Ordering and Utilisation of Abandoned Areas and Land, as a form of guarantee in providing legal certainty in the issuance of the determination of abandoned land.
Tanggung Jawab Hukum Pelaku Usaha Terhadap Konsumen Dalam Perjanjian Jual Beli Properti di Indonesia Rava Syhafa Maharani; Amad Sudiro
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1968

Abstract

The purpose of this research is to describe the form of legal liability that can be carried out by real estate companies that experience bankruptcy against consumers who are harmed by them. The method used in this research is normative juridical because the author seeks to conduct a critical analysis related to legal protection to consumers who are bound in a sale and purchase agreement with a real estate company. The rise of real estate companies experiencing bankruptcy due to the impact of the COVID-19 event has caused a situation that is detrimental to consumers of the real estate industry. The results of this study show that the bankruptcy condition experienced by PT Cowell has harmed consumers who are in the weakest position in the compensation repayment mechanism. Consumers as concurrent creditors are the last party to receive compensation after separatist creditors and preferred creditors have received compensation. Even though it has gone bankrupt, PT Cowell is still responsible for providing compensation to its consumers in accordance with the written agreement that was previously agreed upon and approved. The author considers that in order to protect consumers who have been harmed, government officials must act firmly against companies that cannot carry out their responsibilities properly.
Tanggung Jawab Hukum Pelaku Usaha Terhadap Konsumen Dalam Perjanjian Jual Beli Properti di Indonesia Rava Syhafa Maharani; Amad Sudiro
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1968

Abstract

The purpose of this research is to describe the form of legal liability that can be carried out by real estate companies that experience bankruptcy against consumers who are harmed by them. The method used in this research is normative juridical because the author seeks to conduct a critical analysis related to legal protection to consumers who are bound in a sale and purchase agreement with a real estate company. The rise of real estate companies experiencing bankruptcy due to the impact of the COVID-19 event has caused a situation that is detrimental to consumers of the real estate industry. The results of this study show that the bankruptcy condition experienced by PT Cowell has harmed consumers who are in the weakest position in the compensation repayment mechanism. Consumers as concurrent creditors are the last party to receive compensation after separatist creditors and preferred creditors have received compensation. Even though it has gone bankrupt, PT Cowell is still responsible for providing compensation to its consumers in accordance with the written agreement that was previously agreed upon and approved. The author considers that in order to protect consumers who have been harmed, government officials must act firmly against companies that cannot carry out their responsibilities properly.