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All Journal Syntax Literate: Jurnal Ilmiah Indonesia WAJAH HUKUM JURNAL MERCATORIA Unes Law Review Jurnal Ilmiah Galuh Justisi JISIP: Jurnal Ilmu Sosial dan Pendidikan PALAR (Pakuan Law review) JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional UNES Journal of Swara Justisia Journal of Social Studies, Arts and Humanities (JSSAH) Indonesian Notary Jurnal Hukum dan Pembangunan
Anggoro, Teddy
Fakultas Hukum Universitas Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

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The Role of Balai Harta Peninggalan as Curator in The Management and Settlement of Bankrupt Assets F. Sekar Widiarini; Teddy Anggoro
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

When an application for Bankruptcy occurs by the Debtor or Creditor, as well as the parties authorized to file a bankruptcy application, the role of the Curator is needed as the administrator and performs the settlement of the bankruptcy estate. In Law Number 37 of 2004 concerning Bankruptcy and Postponement of Obligation for Payment of Debt, it provides a definition that the Curator is the Balai Harta Peninggalan or an individual who is appointed by the Court to manage and settle the assets of the Bankrupt Debtor under the supervision of the Supervisory Judge. In current practice, the role of Balai Harta Peninggalan as Curator in Bankruptcy seems to have diminished since the emergence of the role of Private Curator. In order to use the services of a Curator, the appointment of a Curator to manage and settle the bankruptcy estate may be requested by the Debtor or Creditor in Bankruptcy for appointment. However, when the Debtor or Creditor does not apply for the appointment of a Curator to manage and settle the bankruptcy estate, the Supervisory Judge will appoint the Curator from the Balai Harta Peninggalan to manage and settle the bankruptcy estate belonging to the Bankrupt Debtor. As a result of this arrangement, the role of Balai Harta Peninggalan as Curator becomes noticeably limited, because only when the Debtor or Creditor does not apply for the appointment of a Curator, the role of the Balai Harta Peninggalan as Curator will emerge. So, in this paper, the writer wants to know how the role of Balai Harta Peninggalan is in managing and settling bankrupt assets, which later can be the basis for deciding whether to use the services of Balai Harta Peninggalan as Curator or the services of a Private Curator in the management and settlement of bankrupt assets.
Notary Liability for The Deed of General Meeting of Shareholders of Limited Liability Companies Against The Law (Analysis of Decision Number 123 / PDT. G-Interven/2019/PN. MKS) Benavita Aprilia Kurnia; Teddy Anggoro
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract Notary is a public official who has the authority to make an authentic deed. An authentic deed as regulated in Article 1868 of the Civil Code is a deed made in the form determined by law by or before a public official authorized to do so at the place where the deed was made. Based on the Law on Notary Positions, a Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in this Law or based on other laws. This study discusses the Notary's Responsibility for Unlawful Acts in making the deed of the general meeting of shareholders of a limited liability company. The research method used is juridical-normative research which refers to the use of written legal norms contained in statutory regulations. The data used in conducting research and collecting data is secondary data, namely as data obtained directly through tracing Court Decisions, library materials, document studies and interviews. The typology of this research is descriptive so that the results of this study are analytical. This study found that the authentic deed made by a notary that contained elements of forgery and fraud was void. The notary may be subject to administrative sanctions based on UUJN ranging from verbal reprimand, writing, temporary dismissal and disrespectful dismissal. In addition, the Notary can also be held accountable based on unlawful acts in a civil manner in accordance with Article 1365 of the Civil Code and forgery of letters based on the Criminal Code.
The Role of Notaries in The Implementation of The Use of State Property After Regulation of The Minister of Finance No. 115 /PMK.06/2020 Concerning The Use of State-Owned Goods Siti Aldlia Catur; Teddy Anggoro
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The regulations getting renewed and revised, Utilization asset related regulations also become the one that are treated the same periodically. The release of newest regulation related of the State Owned Goods Utilization, in this case The Provisions of Minister of Finance Regulation Number 115/PMK.06/2020 about State Owned Goods Utilization is a simplified version of all regulations related on State Owned Goods Utilization so far. This purpose of this research is to describe the state of notary deed in terms of cooperation Agreements of utilization which requires several number of State Owned Goods utilization which is done based on agreement made in the form of notarial deed. The type of this research is normative juridical, with the approach of the related laws and regulations to the legal issues that have been researched. This research shows that agreement utilization in the form of rental, cooperation utilization, Build Transfer operate/Build Operate Transfer, Cooperation of infrastructure Provisions (KSPI), and Limited Cooperation for Infrastructure funding, (Ketupi) requires a notary. Notarial deed in the implementation State Owned Goods Utilization agreement, after The Provisions of Minister of Finance Regulation Number 115/PMK.06/2020 about State Owned Goods Utilization released, becomes an authentic proofing tool. The role of notary becomes important in terms of agreement about state owned goods utilization.
Co-Authors Adela Logika Agusthomi, Dzaky ARINI, DIAH Azizah Amatullah Fitri Benavita Aprilia Kurnia Charla Ferina Anindra Deni Kurniawan, Deni Dewi, Inamawati Mastuti Dhiyah Tabriz Elia Cahya Putra F. Sekar Widiarini Fikri, Effrida Ayni Haryanti, Nurul Laksmita Inggri Vinaya Isyana W Sadjarwo Isyana Wisnuwardhani Sadjarwo Jovita Elizabeth Maharani, Farah Diba Mahfi, Richi Al Nishka Sylviana Hartoyo Rina Puspitasari Simatupang, Patumona Febriyanty Siti Aldlia Catur Tanzil, Dionisius Ardy Zharfani, Nadhira Faza