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All Journal Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH)
Ni Gusti Ketut Sri Astiti
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Law, Crime, Criminology & Criminal Justice

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Perjanjian Pengikatan Jual Beli Hak atas Tanah sebagai Dasar Pembuatan Akta Jual Beli Dihadapan PPAT Putu Arya Bagus Utama; I Nyoman Sumardika; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

For human life, land has an important role because there is a direct relationship between humans and land. Land is the main and largest capital of Indonesia. The problems of this study are 1) Is the basis for the agreement on the sale and purchase of land rights by the parties? 2) Is PPAT authorized to make deed of sale and purchase of rights to land based on the sale and purchase agreement made by the parties? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) The Agreement on the Sale and Purchase is made by the parties because the agreement that binds the seller to the buyer so as not to offer objects that are traded to other buyers, and the price of the object being traded is definitely price and there is no price increase. 2) The Land Deed Maker Officer has the authority to make the sale and purchase deed of land rights based on the sale and purchase agreement by the parties stated in article 4 paragraph 1 of Government Regulation Number 37 of 1998 concerning the Position Regulations of the Land Deed Making Officer. In this case, it is expected that the Land Deed Maker Officer in making a deed of sale and purchase in accordance with the applicable Law.
Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli Ni Kadek Sofia Septiarianti; I Nyoman Sumardika; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2201.143-147

Abstract

Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.
Tanggung Jawab Pelaku Usaha terhadap Konsumen Go Food dalam Transaksi E-Commerce I Putu Wisna Dana; Ni Luh Made Mahendrawati; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Economic transactions have been integrated with internet technology which is often called e-commerce. Although it has been arranged in such a way to protect the rights of consumers, the use of standard agreements in e-commerce transactions still has the risk of large losses to consumers. Based on the background of the problems above, this research was conducted with the aim of elaborating the responsibilities of business actors to consumers in the event of default in the Go Food transaction using e-commerce and describing sanctions for Go Food businesses that apply fraudulent use of e-commerce. Referring to the formulation of the problem, this study was designed using a normative research approach. The method used in the processing of legal materials, namely analytical descriptive data analysis methods. In accordance with the results of data analysis, the responsibility of business operators for defaults in Go Food transactions using e-commerce was to return Go-Pay balances. Sanctions for Go Food businesses that apply cheating in using e-commerce, which result in losses to consumers, were not only limited to the dismissal of partners, but sanctions could also be imposed on irresponsible business actors. The sanctions in question could be in the form of civil, criminal or administrative sanctions.
Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa Ida Ayu Chandra Cintiadewi; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.
Co-Authors Desak Gde Dwi Arini I Nyoman Alit Puspadma I Nyoman Putu Budiartha I Nyoman Sumardika I Putu Wisna Dana Ida Ayu Chandra Cintiadewi Ida Ayu Dinda Maharani Ni Kadek Sofia Septiarianti Ni Luh Made Mahendrawati Ni Putu Dea Oktaviani Dewi Putu Arya Bagus Utama Putu Ayu Sriasih Wesna