Article Per Year (5 Year)
p-Index From 2021 - 2026
5.144
P-Index
This Author published in this journals
All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah Journal of Law Science Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Law Development Journal Sultan Agung Notary Law Review Formosa Journal of Multidisciplinary Research (FJMR) International Journal of Law Society Services Jurnal Ilmiah Sultan Agung Research Horizon Jurnal Studi Islam dan Sosial Jurnal Konstatering TABELLIUS
Bambang Tri Bawono
Dosen Fakultas Hukum UNISSULA
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

Published : 38 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 38 Documents
Search

 1   2   3   4 
The Legal Protection for Parties in Electronic Purchase Agreements with Cash on Delivery System Ramadhan, Syaiful Nur Aditya; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to find out and analyze the legal position of electronic sales agreements with the cash on delivery system, as well as legal protection for the parties in electronic sales agreements with the cash on delivery system. This study uses a normative juridical approach that is analytical descriptive. The data used is secondary data, which is then analyzed qualitatively. Based on the research, it was concluded that: (1) the legal position of the electronic sale-purchase agreement with the cash on delivery system is valid as an agreement that fulfills the legal requirements according to the provisions of Article 1320 of the Civil Code and Article 46 of Government Regulation Number 71 of 2019, so that an agreement that creates a legal relationship that results in the emergence of rights and obligations for the parties; (2) legal protection for the parties to electronic buying and selling agreements with a cash on delivery system, both for sellers (merchants), buyers and expediting services (courier) in a preventive manner by forcing the implementation of obligations as stipulated in the Civil Code, Act No. 8 of 1999, Act No. 11 of 2008 jo. Act No. 19 of 2016, Government Regulation Number 71 of 2019, Government Regulation Number 80 of 2019, as well as in the Criminal Code, while in a repressive manner it is carried out by filing a claim from the aggrieved party through litigation or non-litigation. Keywords: Buy; Protection; Sell.
The Role of a Notary in the Establishment and Registration of a Limited Liability Company after the New AHU Online and Risk-Based OSS Systems Come into force Danianto, Iswar; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to analyze proles, obstacles that arise and solutions that can be carried out as well as legal responsibilities of Notaries in the establishment and registration of Limited Liability Companies after the implementation of the new system AHU Online and Risk-Based OSS. This study uses an empirical juridical approach. The data used are primary and secondary data which are analyzed using descriptive qualitative methods. Based on the results of the study it was concluded that: 1)The notary still has a role in the establishment and legalization of the capital partnership company due to statutory orders.But for individual companies, nthe notary is not obliged to register it unless the notary is authorized by the client, then the notary becomes civilly responsible for this power of attorney. Notaries also do not have an absolute role in registering business licenses for companies according to Government Regulation Number 5 of 2021. However, notaries are often given the power to work on business licensing registration on Risk-Based OSS, so the notary is also liable civilly for this power of attorney. 2)Obstacles faced by a notary in the process of establishing and registering a limited liability company consist of internal constraints, namelyconstraints on the weak quality of human resources including the notary concerned. Notaries must continue to study, coordinate with various competent parties and attend legal seminars.then kexternal obstacles, namely obstacles that arise from the client, the AHU Online system and OSS as well as from other parties that are the cause. 3) The responsibility of a notary in the event of an error in the establishment and registration of a limited liability company is based on an error. Notaries can be held liable in civil, criminal, as well as based on the UUJN and the Code of Ethics on the deed he made.Meanwhile, the responsibility of a notary as a recipient of power of attorney in carrying out responsibilities which are essentially not his authority is a form of civil liability, not as a notary who is normative by referring to the provisions of Article 1365 of the Civil Code.Keywords: Company; Online; Submissions.
The Legal Certainty of Attorney’s Special Power for Advocates made by a Notary to Conduct a Session in a Religious Court Rizqiansyah, Arif; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to analyze: The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court. 2) Legal certainty of special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court. The approach method used in discussing this problem was a normative juridical approach. Normative juridical is library law research conducted by examining library materials or secondary data. The results of the study: 1) The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court is an attribution obligation carried out based on Article 15 of the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2014 2004 Regarding the Position of Notary. Attributive authority is an authority that comes from the law. One of these powers is to make a power of attorney. The notary has the authority to make a special power of attorney based on the statements of the witnesses, so that the special power of attorney will have legal force as an authentic deed that is perfect. 2) Legal certainty that a special power of attorney for Advocates made by a Notary to carry out a trial at the Pekalongan Religious Court can be achieved if it meets the requirements in Article 1796 of the Civil Code, which is limited in nature, the legal action can only be carried out by the attorney himself, in addition to the letter must be before a notary. The special power of attorney can be made directly by the parties before a notary, or made by the parties first and then requested for approval by a notary. The legal certainty of a special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court is related to the role of a notary in providing legal certainty for his clients. To be able to provide legal certainty, a notary must be guided by the laws and regulations that govern it.
The Legal Position of Underhand Debt Acknowledgment Certificate Legalized by a Notary Jumades, Achmad; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to find out and identify the legal position of private acknowledgment certificates legalized by a notary and how the notary's responsibility for private acknowledgment certificates is legalized in the event of a dispute between the parties. The approach method used in this study is sociological juridical, the specifications of this research use descriptive analysis, data sources are obtained from primary data and secondary data, namely data obtained from literature and legal materials used, namely primary legal materials, secondary legal materials, tertiary legal materials, which is then analyzed by means of interactive model qualitative analysis. Based on the results of data analysis it was concluded that, the legal position of a private acknowledgment of debt legalized by a Notary is the same as an authentic deed, as long as the process of making it fulfills the formal and material requirements and is not denied the truth, this is in accordance with the provisions of Article 1338 paragraph (1) The Civil Code, and the Notary's responsibility for the private acknowledgment of debt which is legalized in the event of a dispute between the parties, the Notary can be asked for information regarding the certainty of the date of the privately owned letter, the authenticity of the signatures of the parties, procedures and mechanisms for legalization, this is in accordance with the provisions of Article 15 paragraph (2) letter (a) of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Office of a Notary,and Article 1874 of the Civil Code.Keywords: Acknowledgment; Debt; Legalization.
Legal Protection For House Buyers Subsidies Against Development Who Is Declared In Bankruptcy Dewi, Nurcahya Sukma Kusuma; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to identify and analyze the legal protections for buyers of subsidized houses against tenants who are declared bankrupt, identify and analyze the weaknesses of legal protection for binding subsidized houses and their solutions, and identify and analyze examples of binding deed of selling and buying subsidized houses. The approach method in this research is a normative juridical approach, the research specification is descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the weakness of the legal protection for binding subsidized housing is that there is no standard implementation arrangement regarding legal protection that will be given to consumers who always place the consumer as a weak party because they have submitted a certain amount of money as a down payment and some have started the mortgage payment process without receiving the subsidized housing unit. While the usual solution is for consumers to add some money for the completion of public facilities, such as roads, independently which has not been completed by the developer or receive some money as a substitute for the down payment that has been submitted without receiving the promised unit.
The Legal Position of Land Ownership Certificates Issued Not In Accordance with Administrative Procedures Abas, Devi Nurfadillah; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

The purpose of this research is to find out: 1). To find out and analyze the legal position of land ownership certificates that were issued not in accordance with administrative procedures at the Office of the National Land Agency in Bau-Bau City. 2). To find out and analyze the responsibilities of the Head of the Land Office of Bau-Bau City for the issuance of land ownership certificates that are not in accordance with the procedure. The approach method used in discussing the problem of this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Types of data using primary and secondary data obtained through interviews and literature. The data analysis method used is qualitative. The results of the study concluded: 1). The legal position of the certificate of ownership rights to land that is issued is not in accordance with administrative procedures, namely the certificate of ownership rights can be canceled, either through the administrative settlement route by the National Land Agency or through the dispute resolution pathway by the court and of course must go through the existing procedures and also the applicant must be able to prove that the object is indeed his property. The position of the certificate plays a very important role in land disputes, because the certificate is a strong documentary evidence in various matters, especially for land disputes. The legal force of land title certificates is a guarantee of legal certainty for the certificate holder. Because this is a strong proof of ownership, meaning as long as it is not proven otherwise by other parties who feel entitled and have evidence to prove it, in this case the certificate has material legal certainty (negative publication with positive elements) which is adhered to in national land law. , but on the other hand the certificate also has formal legal certainty (positive publication), namely the legal certainty of a certificate containing written provisions contained in laws or other regulations is absolute, meaning it cannot be contested. 2). The response from the head of the Bau-Bau City Land Office is in accordance with PMNA/Head of BPN provisions No. 21 of 2020 concerning the handling and settlement of land cases by a decision of the Head of the National Land Agency or by delegating it to the Regional Office or a designated official. According to Article 29 paragraph (1) letter b states that "BPN RI is obliged to implement a court decision that has obtained permanent legal force, unless there is a valid reason not to carry it out". So BPN is obliged to implement the court's decision regarding the cancellation of the certificate or revoke the certificate. Keywords: Administration; Certificate; Procedure .
The Role of Notaries in Efforts to Settle Disputes Over the Distribution of Inheritance Property in Batang Regency Adiyanto, Hanif; Riyanto, Taufan Fajar; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Abstract. This study aims to determine and analyze the Implementation of the Role of Notaries in Efforts to Resolve Disputes over the Distribution of Inheritance in Batang Regency and to determine and analyze the Effectiveness of the Implementation of the Settlement of the Distribution of Inheritance in Front of a Notary in Batang Regency. The approach method in this study is a sociological juridical approach. Types and Sources of data use primary data, secondary data and tertiary data. Data collection uses primary data and secondary data. The data analysis method used is prescriptive analysis. The results of the research and discussion in this study are: 1) The implementation of the role of notaries in efforts to resolve disputes over the distribution of inheritance in Batang Regency has a significant contribution, especially in terms of making authentic deeds that serve as a strong legal basis to avoid future conflicts. Notaries act as neutral parties who provide legal consultation services, ensure clarity of the rights and obligations of the heirs, and assist in the effective mediation process so as to accelerate the peaceful resolution of disputes. However, there are still obstacles in the form of a lack of public understanding of the importance of notary involvement in the inheritance distribution process, as well as limited access for some communities in remote areas. 2) The implementation of the settlement of inheritance distribution before a Notary in Batang Regency shows varying effectiveness depending on several factors such as the level of public understanding of inheritance law (both Islamic law and civil law), the participation of dispute resolution institutions such as Religious Courts and traditional leaders, as well as legal awareness and the will to peace from the heirs. In practice, there are still significant obstacles, such as the lack of valid supporting documents, inconsistencies in heir data, and the existence of prolonged internal family conflicts. However, on the other hand, mediation efforts, both informally facilitated by community leaders and formally through judicial institutions, have shown a positive contribution in accelerating the resolution of inheritance disputes.
The Juridical Implications for Violating the Contents of the Peace Deed Made by the Parties before a Notary in the Conception of Legal Certainty Diana, Della Ochta; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

The settlement of disputes or cases is largely inseparable from the method of settlement through trials in court. However, in reality, disputes or cases that have been filed in court often receive complaints from the public, one of which is a very long settlement process. Therefore there are many ways to resolve disputes outside the courtroom, one of which is through mediation by reconciling the two parties by making peace deed. This research was conducted to find out and analyze the contents of the peace deed according to the concept of legal certainty and the legal consequences for those who violate the contents of the deed. The method used by the author in this thesis research is a normative legal research method using the statutory approach as the basic basis for research and analysis based on literature and other scientific works. The results of the discussion of the thesis research based on the formulation of the problem listed by the author explain that the deed of reconciliation made by a notary outside the court still has the force of law and legal certainty as well as the power of a judge's decision which cannot be changed if the deed has been registered in the form of a lawsuit so that if in the future there are violations committed by one of the parties, the power of the deed cannot be denied anymore and has permanent legal force and cannot be appealed or cassation against it. As well as for violations committed by one of the parties. Keywords: Case; Deed; Notary; Peace.
Juridical Implications for Officials Making Land Deeds Determined as Perpetrators of the Crime of Embezzlement of Taxes Fees for Acquisition of Land and Building Titles Yunendar, Brian; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to determine the juridical implications and responsibilities of the PPAT in terms of receiving deposit of tax payments for land and building rights acquisition fees (BPHTB), then link it with an appropriate theory in order to draw conclusions. The method used in this research is the approach method in writing this is normative juridical, the specification of this research is descriptive analytical research. In the case of depositing BPHTB fees, basically it is paid by PPAT clients, but in practice it is often found that many PPATs are trusted by clients to pay BPHTB from their clients. In this regard, laws and regulations do not regulate the authority of a PPAT who makes land deeds to pay tax on the sale and purchase of land from his client. however, if the clients authorize the PPAT concerned to represent paying tax on the sale and purchase of land in the form of BPHTB to the state treasury, then the PPAT concerned basically does not have the authority to carry out the payment. So that there was evasion of BPHTB tax payments to PPAT. For PPATs who commit this abuse of power, the consequences of these actions are that the PPAT must be able to take responsibility and be subject to appropriate criminal sanctions by the panel of judges, namely Article 372 and/or 374 of the Criminal Code and/or Articles 4, 5, 6 of the Republic of Indonesia Act No.8 of 2010 concerning the Crime of Money Laundering and Article 55 paragraph 1 of the Criminal Code.Keywords: Accountability; Authority; Tax
Implementation of Electronic System based on Notary Administration Wulandari, Rezekista; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

This study aims to (1) identify and understand the implementation of electronic-based Notary Administration in the conception of legal certainty. (2) knowing and understanding the effectiveness of electronic-based administrative system management. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed by quantitative descriptive. The results of the study show that (1) the Implementation of Electronic-Based Notary Administration provides legal certainty guarantees if there are no conflicting provisions between one law and another (2) Effectively Management of the Electronic-Based Notary Administration System is economical, electronic notary protocol storage aims to be more practical, efficient, inexpensive and secure. Meanwhile, from the legal aspect, it can help and facilitate the legal process related to the law of evidence, namely electronic evidence.
Co-Authors Abas, Devi Nurfadillah Adiyanto, Hanif Ady, Sigit Priambodo Afwan, Muhammad Bagus Satriyan Agustina, Ita Sahara Alfani, Safri Sendi Andri Winjaya Laksana, Andri Winjaya Andriyanto Andriyanto Anis Mashdurohatun Anny Rosiana Masithoh Danianto, Iswar Dewi, Nurcahya Sukma Kusuma Dian Rahmawati Diana, Della Ochta dwi wahyono Eko Soponyono Irwan Irwan Jawade Hafidz Jumades, Achmad Kurniati, Novita Kusumabrata, Dhandy Armanda Luthfi Siregar, Muhammad Margono Margono Marvelous, Marvelous Mashdurohatun, Anies Muhamad Yamin Novita, Puteri Mela Prayitno, Ahmad Hadi Ramadhan, Syaiful Nur Aditya Ramadhani, Syifa Utari Ranti, Mai Ridwan, Muhammad Hidayat Rimbawan, Andhika Yuli Riyanto, Taufan Fajar Rizqiansyah, Arif Robbani, Ammar Ikbar Saktiawan, Muhammad Dias Saputra, Rizal Alamsyah Hadi Sari, Pebrina Permata Shallman, Shallman Sri Endah Wahyuningsih Sutadharma, Putu Andy Thayeb, Satya Eka Syahputra Tiyas Vika Widyastuti Wijaya, Dwi Julianto Wulandari, Rezekista Yunendar, Brian Zulnaedi, Diki