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Putu Ayu Sriasih Wesna
Fakultas Hukum Universitas Warmadewa, Denpasar, Bali
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Notary Authority in Certifying Electronic Transaction Documents PRABHAWISNU, Anak Agung Gede Krisna; SUJANA, I Nyoman; WESNA, Putu Ayu Sriasih
Journal of Political And Legal Sovereignty Vol. 1 No. 2 (2023): Journal of Political And Legal Sovereignty (April – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i2.64

Abstract

Purpose:Electronic transaction certification is another form of authority a notary possesses, and more study still needs to be done on this matter. Hence, this research attempts to examine this matter in more depth. The rapid development of technology has given birth to convenience for human life, including in law, especially notaries. The existence of a cyber notary formulated in Article 15 paragraph (3) of the Notary Office Law gives a notary the authority to certify transactions electronically.Methodology:The method chosen for this research is normative legal research by analyzing and interpreting legal and social facts.Findings:This authority still needs clear guidelines, so it is necessary to have a formulation regarding its regulation.Implication:Based on the theory of authority, a notary has the right to certify transactions electronically which is included in attributive authority and is a derivative of the law. It is appropriate that the authority to certify electronic transactions is further regulated so that later it will facilitate the work of notaries and follow utilitarian theory, where good law can provide the broadest possible benefits for society.
JURIDICAL ANALYSIS OF DEFAULT RESOLUTION IN COOPERATION CONTRACT FOR FIBER OPTIC CABLE ACQUIREMENT (DROP CABLE) Wijayani, Putu Megabalinda Pradnya; Wesna, Dr. Putu Ayu Sriasih; Utama, Dr. I Wayan Kartika Jaya
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.605

Abstract

A contract is an agreement between two or more people, where they promise each other to do something. An agreement is made by two parties who need each other and agree to comply with respective obligations. Default occurs when one of the parties does not implement or is negligent in fulfilling the obligations agreed upon in the agreement. This research is concerned about the forms of cooperation contract for fiber optic cable acquisition (drop cable) between PT Fibeart Trans Network and PT Jagat Karya Putra Indonesia, and its legal consequences based on Court Decision Number 195/PDT.G/2023/PN JKT.SEL. This research uses normative legal research methods, to provide a legal basis in determining whether a certain situation is true or false and the consequences of default under the law. This fiber optic cable cooperative contract was legally made by parties who have legal capacity, with a halal causa, and was written in a writing affixed with a statement letter by a notary on December 11, 2021. Based on Court Decision Number 195/Pdt.G/2023/PN JKT.SEL, both parties have agreed to purchase and sell fiber optic cables, but PT Jagat Karya Putra Indonesia did not fulfill its obligation to pay the remaining payments to PT Fibeart Trans Network, which caused them to default.
LEGAL CONSEQUENCES OF DEPOSITED FUNDS TO PUBLIC NOTARY BEFORE PREPARATION OF SALES AND PURCHASE AGREEMENT: A Case Study of Supreme Court Decision Number 508 K/PID/2017 Jayanti, Ni Nyoman Tri; Wesna, Dr. Putu Ayu Sriasih; Puspadma, Dr. I Nyoman Alit
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.607

Abstract

Depositing funds to the notary before the preparation of the Sales and Purchase Agreement (PPJB) is a common property transaction in Indonesia. It ensures the safety of the funds prior to the final agreement between the buyer and seller. However, there are legal risks associated with the management and use of these funds, especially if there is a dispute or a violation of the agreement. This research analyzes the legal consequences of entrusting funds to a notary by examining the case of Supreme Court Decision Number 508 K/PID/2017. This decision provides important insights into the responsibilities and obligations of notaries in the context of fund entrustment and its legal implications for the parties involved. This research aims to analyze the legal consequences of deposited money to public notary before making a land sale and purchase agreement. This research uses a normative method through legal approach and legal concept analysis. Data was obtained from relevant regulations and legal literature. The results indicated that if a notary receives money before the agreement is made, he/she acts outside his/her authority as a notary and only as a trustee. If there is any misuse of the money, the notary can be charged with embezzlement under Article 372 of the Criminal Code. This dispute can be resolved through legal channels (litigation) or negotiation and mediation (non-litigation). Depositing funds with a notary before the sale and purchase agreement can have serious legal consequences if it does not fulfill the correct procedure, as shown in Supreme Court Decision Number 508 K/PID/2017.
BANK CUSTOMER PROTECTION IN ACCOUNT BLOCKING FROM LEGAL PERSPECTIVE ON EXECUTION SEIZURE REQUESTS AND BANK SECRECY Novyanti, Ni Wayan Regina; Kosasih, Prof. Dr. Johannes Ibrahim; Wesna, Dr. Putu Ayu Sriasih
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.608

Abstract

Banking business actors must maintain the level of health of their banks by applying the Precautionary Principle which is also directly related to the application of the Bank Secrecy Principle, which if the bank has neglected to apply the Bank Secrecy Principle, there is a potential loss that will be experienced by both customers and banking business actors themselves so that it can endanger the health of the bank itself. This study aimed to evaluate the legal protection for bank customers in the context of bank account blocking, with focus on the principles of bank secrecy. This study employed a normative legal methodology, using statutory and conceptual approaches. The data collection was conducted through library-based research. The findings indicated that according to the regulations stipulated in the Financial Services Authority Regulations (POJK) No. 1/2013 and No. 1/2014, bank customers who feel aggrieved have the right to file an internal complaint to the bank and seek resolution through dispute resolution. Moreover, bank customers are also allowed to file a lawsuit against the bank under Article 1365 of the Civil Code and file a lawsuit against an execution decision (verzet) as outlined in Article 195, Paragraph (6) of the Herzien Inlandsch Reglement (HIR) if the account blocking resulted from execution seizure request.
Reconstruction of Ius Constituendum Cyber Notary Regulations in E-RUPS as Relaas Acta Shicilya, Wanda; Souissa, Marsella Maurin; Kusuma, Rizka Tiara; Wesna, Putu Ayu Sriasih
Sultan Agung Notary Law Review Vol 6, No 4 (2024): December 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i4.42412

Abstract

The purpose of this study is to examine the reconstruction of the ius constituendum regulating cyber notary in E-RUPS as a relaas acta with 2 problems, namely the urgency of regulating cyber notary as the legal basis for making E-RUPS and the draft ius constituendum regulating cyber notary in the future. This study uses a normative legal research method in the form of a legislative approach. The results of the study indicate that there is uncertainty in the legal regulation of cyber notary in Indonesia regarding E-RUPS whose deeds are made by a notary as a relaas acta, so a draft legislation is needed as a legal basis for cyber notary in the future to guarantee the validity of an authentic deed.
The Substitute Notary's Responsibility for the Deed He Made PUTRA, Gede Bagus Andika; DHARSANA, I Made Pria; WESNA, Putu Ayu Sriasih
Journal of Political And Legal Sovereignty Vol. 2 No. 2 (2024): Journal of Political And Legal Sovereignty (April – June)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v2i2.193

Abstract

Purpose: A Substitute Notary is temporarily appointed as a Notary to replace a Notary who is on leave or sick. In Article 65 of the UUJNP, there is no explanation regarding the limits of the Substitute Notary's liability after his/her term ends. It is illogical because the limits of the Substitute Notary's authority end when the limits stated in his/her decision letter have expired, and he/she must still be responsible until his/her last breath.Methodology:The author uses a normative legal research method, legislative approach, legal concept analysis, case approach and comparative approach. The author's legal sources use primary and secondary law and tertiary legal materials. The legal collection technique uses document study techniques and recording.Findings: The responsibilities of a substitute notary can be divided into 4, namely: (1) Civil Liability of a Substitute Notary, (2) Criminal Liability of a Substitute Notary, and (3) Administrative Liability of a Substitute Notary. Legal protection for a substitute notary can be divided into 2: preventive legal protection and repressive protection.Implication:The responsibility of the Substitute Notary is only in the formal form of the authentic deed as stipulated in the law, so the Notary is not responsible for the contents of the deed. When carrying out their duties, a substitute notary will receive legal protection, including preventive legal protection to prevent disputes from occurring and repressive protection to resolve disputes that have already occurred. It is outlined in Article 66 of the UUJNP as a form of settlement effort if the notary is questioned.
Sentana Paperasan's Legal Efforts as a Solution to Overcoming Decisions in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency MAHENDRA, I Komang Arya Sentana; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.658

Abstract

The process of adopting children is not only regulated based on national law, but also regulated according to customary law or often referred to as awig-awig which exists in each traditional village in Bali. In this study, empirical legal research methods will be used which will focus on the discrepancies that occur in accordance with the theory of the reality that occurs in society. The discussion that will be described in this study includes the position and legal protection of sentana extortion in inheritance at Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency. The position of the custodian of inheritance in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency in overcoming the decision, namely in Balinese Customary Law, a child who has undergone the process of extortion ceremony is bound by his family relationship with the adoptive parent accompanied by severance of the relationship with his biological family. Where the relationship of a sentana (adopted child) with his biological parents is erased when they have undergone an extortion ceremony procession. Legal Protection Against Sentana Extortion in Inheritance under Article 832 jo.842 jo. Article 852 (a) of the Civil Code, based on an analysis using the theory of justice and the theory of legal protection, adopted children are included as heirs who inherit based on their own position in the First class in obtaining inheritance rights from their adoptive parents, thereby closing the rights of other heirs.
Legal Consequences of Polygyny Marriage Based on a Compilation of Islamic Law (Khi) and Laws on Marriage ABDULLAH, Aisudin; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1019

Abstract

The author conducted normative legal research by analyzing the consequences of polygynous marriage laws based on Islamic law. What is the focus of this research study? What are the criteria for not being able to carry out obligations and having a physical disability by Islamic Law and the Marriage Law? Moreover, what are the legal consequences of a judge's Decision at the Religious Court on requests for polygynous marriages? In this research, the law-based approach uses a case approach and a sociological approach. The criteria for not being able to carry out an obligation due to a physical disability are as intended in the Marriage Law and Islamic law, namely the inclusion of people with physical disabilities and people with mental disabilities. This is because the type of disability means that someone cannot carry out their obligations as husband or wife or by the provisions of marriage, especially people with physical disabilities. Related to people with physical disabilities, namely impaired movement functions such as amputated organs, paralysis, paraplegia, cerebral palsy, stroke, leprosy and others, which result in the inability to fulfill obligations by a person as a husband or wife as a basis for fulfilling physical and spiritual needs.
Ethics Under Scrutiny: How Regional Notary Supervisory Assemblies Curb Professional Misconduct? Dewisari, Carolina Gracia; Utama, I Wayan Kartika Jaya; Wesna, Putu Ayu Sriasih
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.11715

Abstract

In Indonesia, the role of the Notary Supervisory Board has a very important function in carrying out the Notary profession in carrying out its authority when violations occur or when Notaries experience problems that must be proven. The research aims to analyse the role of the Regional Notary Supervisory Council in carrying out supervision in preventing violations of the Code of Ethics by Notaries in Denpasar City and to analyse the sanctions given to Notaries who violate the Code of Ethics in Denpasar City. This research is empirical research conducted in Denpasar City because the number of notaries in this city is the highest. Data was obtained through interviews, documentation and literature study, which was then analysed descriptively qualitatively. The research results show that the Regional Supervisory Council has an important role in supervising notaries, namely checking notary protocols periodically every quarter and year, providing new notaries, as well as coordinating with the Regional Supervisory Council, and also responding to public reports with detailed verification and inspection. The Regional Supervisory Council proactively provides guidance to notaries through various programs, such as outreach regarding developments in laws and regulations, as well as monitoring the implementation of administrative obligations by notaries. The role of the Regional Supervisory Council is not only reactive in taking action against violations but also proactive in preventing violations through continuous guidance.
Ensuring Fairness in Land Acquisition for Public Road Construction: A Case Study of Badung Regency Dharmawan, I Made Alit Putra; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 1 Februari 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.11836

Abstract

Land acquisition problems in public interest development raise various psychosocial problems in the community so psychosocial aspects must be taken into account along with the role of independent assessment experts and procurement management needed so that the community can receive compensation from the release of their land. The purpose of the author's analysis is related to the land implementation acquisition in Badung Regency and how to resolve land acquisition rejection disputes in Badung Regency. The author uses an empirical legal research method that has a function in showing the real law that exists in people's lives. The results of the study are on land acquisition for public interest for road construction in Badung Regency using the Land Acquisition Procedures and Procedures in accordance with Law Number 2 of 2012, where Badung Regency, especially the Public Works and Spatial Planning Agency of Badung Regency, Highways Sector as an Agency that requires land on a Small Scale, submits a Work Plan that is in accordance with the Badung Regency Medium-Term Development Plan and the existence of land acquisition and rejecting the compensation value has the right to reject land acquisition by filing an objection to the legal institution, namely the State Administrative Court and the District Court in the rejection, in resolving the rejection dispute, Badung Regency in resolving the dispute by means of Litigation and Non-Litigation.
Co-Authors A. A. Ngurah Deddy Hendra Kesuma ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Istri Agung Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Mukti Prabawa Redi ANGGARINI, Komang Desy Arini, Desak Gde Dwi Arini, Desak Gde Dwi Bongon, Miel S. Budiartha, Nyoman Putu Desak Ade Devicia Cempaka Desak Ade Devicia Cempaka Desak Gde Dwi Arini Dewisari, Carolina Gracia Dharmawan, I Made Alit Putra Edward Wijaya, Edward Erawati, Ni Putu Tina Ganawati, Nengah Gede Oscar Geovani Gianyar, I Made Hamam Febrian Cahaya I Gede Nyoman Carlos W. Mada I Gusti Ayu Pryanka Nindyaprasista Putri I Gusti Made Ngurah Bagus Andre Wedananta I Gusti Putu Dena Dharma Putra I Gusti Putu Ghosadhira Vedhastama I Kadek Tedo Tamara Putra Daniswara I Kadek Wahyu Fajar Sutoya I Kadek Wahyu Fajar Sutoya I Ketut Irianto I Ketut Selamet I Komang Dodik Wijaya I Made Aditya Wira Sanjaya I Made Mardika I Made Pria Dharsana, I Made Pria I Made Suwitra I Made Suwitra I Made Suwitra I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Wayan Kartika Jaya Utama I Wayan Muliawan I Wayan Rideng I Wayan Sujana I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Anggita Pradnyandari Ida Ayu Gede Wulandari Ida Ayu Gede Wulandari Ida Ayu Putu Sri Astiti Padmawati Ida Ayu Putu Widiati Ida Bagus Agung Putra Santika Ida Bagus Dwi Jusarata Ida Bagus Kade Ari Dwi Putra Indah Permatasari Indra Bambang Istadevi Utami Rahardika Jayanti, Ni Nyoman Tri Johannes Ibrahim Kosasih Kadek Windy Candrayana Kadek Yudi Astrawan Karma, Ni Made Sukaryati Ketut Putri Oka Suari Komang Vegayanthi Kosasih, Prof. Dr. Johannes Ibrahim Kusuma, Rizka Tiara Kusumantara, I Komang Arya Laksmi, Anak Agung Rai Sita Leonito Ribeiro Luh Made Mahendrawati Luh Made Mahendrawati Made Indira Sukma Dewi MAHENDRA, I Komang Arya Sentana Muliana, I Wayan Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Kadek Prasetya Dewi Ni Komang Arini Styawati Ni Luh Made Mahendrawati Ni Luh Putu Manik Suryani Ni Made Jaya Senastri Ni Made Yunika Andrini Ni Made Yunika Andrini Ni Nengah Seri Ekayani Ni Putu Dewi Susilawati Novyanti, Ni Wayan Regina NP Budiartha Nyoman Putu Budiartha Prabhawisnu, Anak Agung Gede Krisna Pradnyandari, Ida Ayu Anggita Prisilia Eka Trisna, Putu Diana Puspadma, Dr. I Nyoman Alit Putra, Gede Bagus Andika Putra, I Putu Adi Adnyana Putu Budiartha, I Nyoman Putu Dyah Agung Mas Narayana Putu Emma Viryasari PUTU IKA WAHYUNI Putu Wira Atmaja Putu Yudha Asteria Putri Raymundo, Carlos M. Ribeiro, Leonito Ryan Permana Wijaya Sanjaya, Ray Dio Selamet, I Ketut Sentelices, Leovigildo C. Shicilya, Wanda Simon Nahak Souissa, Marsella Maurin Styawati, Ni Komang Arini SUGIANA, Surya Sujana, I Nyoman Sukiani, Ni Ketut Sumardika, I Nyoman Susanthi, I Gusti A.A. Dian Teges Ayu Pranihita Toto Noerasto Vanes Mardiah, Ni Made Yusi Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. widia, ketut Widiati, Ida Ayu Putu Wijaya, I Kadek Merta Wijaya, I Kadek Merta Wijayani, Putu Megabalinda Pradnya Yanti, Ni Kadek Putri Yasaputri, Ni Putu Widari