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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta
Gunarto Gunarto
Faculty of Law UNISSULA
Law, Crime, Criminology & Criminal Justice Social Sciences

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Effectiveness Of Administrative Sanctions Enforcement In Code Of Notary (A Studi In Cirebon) Maulana Agung; Ahmad Mustarsidin; Gunarto Gunarto
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3243

Abstract

In running position, besides bound by the Law Notary, the Notary is also bound by the Notary Code, created by the organization Indonesian Notary Association (INI). Notary supervision carried out by the Minister of Law and Human Rights by establishing a Notary Supervisory Council, and the Organization of Indonesian Notary Association established the Honorary Board of the Notary. The purpose of this study is to analyze the type of Code violations that occurred in Cirebon, analyze the types of sanctions that are applied, and analyze the effectiveness of administrative sanctions were applied in establishing the Notary Code. The results showed of some types of provisions Notary Code, violations that occurred in the district of Cirebon include price competition, and the use of intermediaries in getting clients. Based on the results of this study concluded that several factors causing these violations such as contradictory rules with conditions on the ground, a notary referred to as public official, but are forbidden to promote themselves, as officials, but not paid by the State as public officials more, while the number of Notaries every year increases, there is competition between them, caused intentionally or not unethical Notary. In addition, the sanctions only administratively, causing frequent violations and lack of deterrent effect,Keywords: Code of Notary; Effectiveness; Sanctions.
The Role Of Notary In The Implementation Of Credit Agreement And The Default Settlement With Mortgage Right Warranty (A Study At Bank In Pekalongan) Mochammad Lukman; Atik Noer Chalimah; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3128

Abstract

Notary is required in a credit agreement which is performed by the bank and its debtor. Problems studied in this research was about the role of Notary in the implementation of Credit Agreement, the factors causing the occurrence of defaults with the guarantee of Mortgage Rights and efforts to settle default disputes with Mortgage Right loan agreement. The method used in this research was with the sociological juridical approach, it was sourced from collecting data obtained from the primary and secondary data, then the data were analyzed by qualitative analysis method. The result of the research are the role of a Notary in the implementation of Credit Agreement is to make the credit agreement requested by the creditor, responsible for the credit document made, and the Notary in charge and responsible to provide guidance and advice to the bank related to the credit documents. Regarding factors causing default with guarantee of Mortgage Rights and settlement of loan defaults is caused by several factors such as internal factor of bank, customer factor and external factor of bank and debtor. The settlement of default is done in 2 options, that is in litigation and non-litigation settlement.Keywords: Credit Agreement; Default; Guarantee; Mortgage Rights.
Juridical Review On Notarical Testament In The Perspectives Of Islamic Inheritance Law Galih Mahendratama Putra; Adad Adad; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3220

Abstract

Most of Indonesian is aware of law in aspects of life, including inheritance distribution. Every parent with children does not want to let his heirs disagreed or conflicted in terms of inheritance after he passed away. Thus a testament is made to fairly distribute inheritance. Among reasons to compile testament deed are testator intentions to make his property useful for better purposes, i.e. to get closer to Allah SWT The Most Merciful. He also expects himself to perceive true faith and devotion to God, as well as to open fortune door to all recipients. However there may occur obstacle in distributing inheritance. Since civil law regarding testament is different from Islamic faraid law in some aspect.Keywords: Testament; Notary; Inheritance.
Notaris Law Protection Under The Civil Law In Law Number 2 Year 2014 Concerning Amendment To Law Number 30 Year 2004 Regarding Notary Position Farah Farah; Dewi Sukmaningsih; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3232

Abstract

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN
Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary Ardiansyah Alrawi; Agus Triatmoko; Gunarto Gunarto
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3238

Abstract

The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.
Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang) Diyah Ayu Fatkhurochmah; Dedy Nurjatmiko; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3234

Abstract

The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute
Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary Paulus Meldif Dika Pratama; Iwa Mashadi; Gunarto Gunarto
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3257

Abstract

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.
Copyright Protection Of The Song "Akad" Created By “Payung Teduh” In Case Covered By Hanin Dhiya Based On Copyright Law Damaris Eka Wijaya; Hasto Sasmito; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3230

Abstract

Technology is in progress increasingly sophisticated, enables everyone to explore and showcase her work in a variety of ways, one of which is now very easy to find is to upload video footage in a private channel on the YouTube site. However, disputes arise when recording on the channel associated with copyright issues. One of them is the activity of singing songs of others. The problems discussed in this study is how the Top Tracks Copyright Protection “Akad” Created by Payung Teduh In Case Cover Version By Hanin Dhiya Seen From the Copyright Act. The research approach is Normative legislation reviewing Act No. 28 of 2014 on Copyright. The results of this study explains that the song “Akad” is the creation of Payung Teduh, and copyright is protected by the Copyright Act, in order to perform a cover of the song, so it needed permission from Payung Teduh, as a tribute to the work of someone else's copyright. If this right is violated, the creator has the right to prosecute the song cover both civil and criminal.Keywords : Protection Law, Copyright, Cover Songs.
Assembly Supervisory Role Of Regional Efforts In Order To Guidance And Supervision Of Notary In The District Of Cirebon Fella Mudiana Putri; Farhan Munirus Su'aidi; Gunarto Gunarto
Jurnal Akta Vol 6, No 1 (2019): March 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i1.4256

Abstract

The purpose of this study was to: 1) analyze the implementation of MPD Cirebon role in the Framework Guidance and Control of Notaries. 2) analyze any efforts undertaken 3) analyze Barriers and Solutions MPD Cirebon in order to guidance and supervision of a Notary. This research is empirical. The method is empirical juridical approach. Specifications required in this research is descriptive. In this study consisted of data sources: primary data obtained by researchers through interviews and field research object Supervisory Council of Blood (MPD) in Cirebon, and secondary data obtained through literature.Based on data analysis concluded 1) implementation of the supervision and oversight of the Regional Supervisory Council (MPD) Cirebon based on regulation Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 2004, of carrying out the authority, as referred to in Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17 and Article 70 and Article 71 UUJN. 2) Some of the efforts to be undertaken by the Assembly Regional Supervising Notary Cirebon in order to guidance and supervision of Notaries are: a) Implement supervision preventive and curative namely the prevention of the occurrence of malfeasance Notary and to provide guidance to the Notary itself, b) do socializations to the parties related to the Notary profession. 3) Factors to be barriers: 1) Notary less able to manage time between activities Notary with the time of inspection. 2) Notary also encountered less tidy in making a Notary Protocol. As for the solution is 1) Should the Notary make a schedule for the activities to be performed 2) Notary further explore and relearn the theories about the creation of Notary Protocol. 3) The area should be routinely Supervisory Council to follow up on the findings of the Regional Supervisory Council of Notaries.Keywords: MPD; Development and Supervision; Sanctions.
Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction Yuniar Pradhana Mukti; Gunarto Gunarto
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i2.3267

Abstract

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement
Co-Authors Adad Adad Ade Alfriyan Rumrijono Adimas Dirgantara Agus Triatmoko Ahmad Fatah Ahmad Mustarsidin Anis Mashdurohatun Ardiansyah Alrawi Atik Noer Chalimah Cucuk Hariyadi Damaris Eka Wijaya Dedy Nurjatmiko Dewi Sukmaningsih Diyah Ayu Fatkhurochmah Eka Daryanti Farah Farah Farhan Munirus Su'aidi Fella Mudiana Putri Galih Mahendratama Putra Hasto Sasmito Iwa Mashadi Lathifah Hanim Maulana Agung Mochammad Ipnu Wardani Mochammad Lukman Paulus Meldif Dika Pratama Timbul Mangaratua Simbolon Yuniar Pradhana Mukti