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All Journal JURNAL MAHKAMAH Unes Law Review JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW International Journal of Educational Review, Law And Social Sciences (IJERLAS) Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities
Gunawan Djajaputra
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Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Journal : Era Hukum: Jurnal Ilmiah Ilmu Hukum

 1 
TANGGUNG JAWAB NOTARIS TERKAIT PEMBATALAN AKTA YANG DIAKIBATKAN OLEH KELALAIAN DALAM MENJALANKAN JABATANNYA (CONTOH KASUS PUTUSAN NOMOR: 73/PDT/2018/PT.DKI) William Hendarsin; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9805

Abstract

Public Notary is an official authorized to make an authentic deed. An authentic deed has perfect proof of strength because in its making was carried out by an authorized official and attended by witnesses, but an authentic deed made by a Public Notary can be a deed under the hand in this case the strength of proof is not perfect if the making of an authentic deed has been proven to violate the provisions of the act Law Number 2 of 2014 concerning Amendment to Law number 30 of 2004 concerning Position of Notary Public. In making an authentic deed, the Notary is required to make a deed based on the agreement of the parties, but in practice often the Notary violates this and makes a deed that is only approved by one party. As is the case in Decree Number 73/PDT/2018/PT.DKI, that in making binding purchase agreements for land and buildings based on accounts receivable debts, of course, violates regulatios and causes losses fot Debtors (Plaintiffs) who sue Creditors and Notary who make this agreement. So the Plaintiff filed a lawsuit in court so that the sale and purchase deed made under the sale and purchase agreement is null and void.
PENGATURAN MENGENAI MAATSCHAP PADA UNDANG-UNDANG JABATAN NOTARIS DAN KITAB UNDANG-UNDANG HUKUM PERDATA TERKAIT TUGAS DAN JABATAN NOTARIS Bella Patnessia; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9808

Abstract

Notary as a general official authorized to create an authentic deed to help create legal certainty. In the law of Notary Number 2 of 2014 on the amendment to Law Number 30 of 2004 on the Department of notary state that notary is allowed to open a notary office in the form of Civil Fellowship. This civil federation will be based on civil fellowship in accordance with the law of the Civil Code. The sense of civil fellowship itself is two or more people wo form an alliance by incorporating something into the compan with the main purpose of seeking profit. So that is the problem appears because on the notary self is not paid but it gets honorarium, beside the problems on independence and also immutability that will be difficult to run when the notary join a civil federation.The research method used is a normative juridicial method of analysis. The techniques of data collection conducted through literature studies and data collection tools are document studies. Data sources of primary data, secondary legal materials, and secondary data are divided into primary legal materials, secondary legal materials, and a tertiary law. The theory used in this research is the theory of legal certainty, and the theory of egal effectiveness.The form of civil partnership that is suitable for public notary is limited to a joint office. So there are no settings and management, there is no need to worry about the conflict and the inequality of the law.
IMPLEMENTASI UNDANG-UNDANG NOMOR 2 TAHUN 2014 TERHADAP KEWENANGAN DALAM PEMBINAAN DAN PENGAWASAN NOTARIS GUNA PENINGKATAN PELAKSANAAN JABATAN NOTARIS DI INDONESIA (STUDI KASUS MAJELIS PENGAWAS DAERAH JAKARTA BARAT YANG BERADA DI JAKARTA BARAT) Nickyta Firmaniar; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9809

Abstract

.A. Notary holds an important role in creating legal certainly and protection for the community by issuing authentic deed which is made before him and serves as a perfect proof. With the duties and responsibilities held by Notaries are under supervision which is carried out by the authorities of the Notary is that the Notary fulfill the requirements to safeguard the public’s interests when they are carrying out their duties. The existence of Law Number 2 Year 2014 concerning the Amendment to Law Position should become a law-abiding rule for all Notaries in Indonesia which explicitly provisioned regarding the guidance, supervision, prohibition, and sanctions. Further, its implementing regulations also regulate comprehensively regarding the responsibilities and obligations of the Notary Supervisory Board in conducting its supervising duty.One of the legal issues in this study is regarding the regulation of supervisory and coaching authority under Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position when a Notary Commits a violation in his role as in Notary Position as well as in Notary organizations.The research method used in this paper is Empirical Juridical Method by studying primary, secondary, and tertiary data that is analyzed qualitatively. To strengthen this research, interviews were held with relevant parties at the research location.In carrying out this duty, a Notary must comply and act in accordance with Law Number 2 Year 14 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position, Notary Code of Ethics, Civil Code of Indonesia, Criminal Code of Indonesia, and other related laws and regulations. Therefore, a Notary will perform well and in accordance with the rules, and also will be avoided from violations that may be a problem for Notary in the future.  
KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1594K/PDT/2018) Vanessa Vanessa; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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

Abstract

Regarding the legal position of illegitimate child in terms of inheritance which is different from legitimate child, it quite often found errors occur. The incident where an error occurred in the distribution of inheritance was also found in the case of the Supreme Court's Decision Number: 1594K/Pdt/2018. Based on this case, a problem arises regarding the equal distribution of inheritance between legitimate child and illegitimate child. Then, problems arise, namely how the legal position of illegitimate children in receiving inheritance and what form of legal protection for illegitimate children who do not fulfil Article 272 of the Civil Code in receiving inheritance. The author uses normative legal research methods. the legal position of an illegitimate child who fulfills Article 272 of the Civil Code with a legitimate child is only the same for the ownership of saisine, heriditatis petitio, and legitieme portie rights, but the share of inheritance is different. Meanwhile, illegitimate children who do not fulfil Article 272 of the Civil Code can obtain legal protection like receiving grants or testaments. So, the author can conclude that the portion of illegitimate children who fulfill Article 272 of the Civil Code gets a smaller share than legitimate children. For illegitimate children who do not fulfil Article 272 of the Civil Code, they are still entitled to legal protection like receiving grants or testaments. It is better for people who will become heirs to be able to distribute inheritance to their heirs fairly and equitably based on the provisions stipulated in the Civil Code.
Co-Authors Adi Tri Atmaja Aditya Luthfi Denia Ahzaza Fahrani Aisyah Nikita Albeth Albeth Andrew Giovanni Tanjaya Angeline Ani Anggreni Aurora Vania Crisdi Gonadi Bella Patnessia Catherine Carisa Khovin Chelvia Priscilla Christhalia Noveldy Tanjaya Christopher Kendrick Adam Cindy Situmeang Clara Brigitta Clara Vania David Oberlin Nugraha Saragih Dhiwatsani Yudhistira Dian Ayu Rizkika Edric Victori Elisa Setyowati Edison Eriyantouw Wahid Febry Yanti Fernando Fernando Fransisca Kusuma Aryani Gabriel Nugeraha Silalahi Gladys Natalie Aurielle Sirait Glorya Kalicya Hafidz Indra Pratama Hanifah Henna Kurniasih Hertanto, Sandrarina Ivana Ivana Janice Vianney Jeanet Trifena Lewi Jennyola Savira Jeremi Korayan Jimmy Gunawan Jodhantara Aulliandika Joshua Tanaya Kanisius Jehabut Kea Ezzati Ascarya Kusumonegoro Kevin Hernando Pratama Lavetta Ferels Lili Julianti Lorenzo Marco Marcelino Valentin Marisyah Taher Michael . Muhamad Ibnu Afif Muhammad Ruen Wijokangko Wijokangko Nadia Tasha Juniar Napoleon Tampubolon Natasya Elvara Yusuf Nickyta Firmaniar Omega Kharisma Yeremiarim Rafi Erdian Wibowo Rayhan Fahriza Yose Reza Kurniawan Cahya Putra Richie Fernando Rio Utomo Hably Riwenda Septiani Riyan Saputra Sahati Satria Gunawan Shafaa Alaadini Yuan Siaw Swhien Stevanny Stevanny, Stevanny Sylvie Liunadi Teguh Ariyanto Tifanni Tifanni Vanessa Vanessa Vincensia Vincensia William Hendarsin William Jason Wiranti Agustina Ningrum Wulan Agustini Yoga Wiratama Yuriz Wibowo Zahra Maulida Aulia