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Sri Endah Wahyuningsih
Faculty of Law UNISSULA
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Akta

 1 
Juridical Analysis on Responsibility of Notaries Against Counterfeiting Description Existence in An Authentic Agreement Siska Dwi Astuti July; Khusen Martono; Sri Endah Wahyuningsih
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.v5i3.3254

Abstract

Article 1 Paragraph (1) of Act No. 2 of 2014 concerning Notary Office constitution that notaries are public officials, the authority to make the Act Authentic legitimate. Unfortunately in today's world that is filled by the desire of economic excess, not a few people on the mountain doing the wrong thing in order to enrich themselves, unfortunately including the notary who had exalted position in society as one of the authorities, instead of showing the action sublime them Authentic Act falsified. This study aims to clarify how the rule of law based on the positive law in Indonesia about such actions. Using normative juridical approach, and statutory approach, exploiting all the laws that have a correlation with the observed cases. To find practical application, researchers used the District Court of Semarang No. 676 / Pid.B /2017 PN.Smg The conclusion showed notary who forged authentic action violates the Notary Code and morally can not punish a criminal by Notary Code by the Board of Supervisors, but no conclusions about the case in the District Court ruling Semarang. While the notary may be punished criminally if proven wrong by article 264 of the Criminal Code no violation of law in Indonesia.Keywords: Notary; Authentic Agreement; Suspect.
Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law Dyatmika Malik; Mangirim Limbong; Sri Endah Wahyuningsih
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.v5i2.3086

Abstract

The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects
Legal Protection Of Contract Employees Agreement In The Implementation Of Certain Time In Kendal (National Land Agency) Aldila Marselli; Sunardi Sunardi; Sri Endah Wahyuningsih
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.v5i2.3221

Abstract

Reforms in the field of employment law is done with the purpose to improve and enhance the quality of labor and personnel welfare. Reformation in the field of employment law begins with the issuance of Act No. 21 of 2000 concerning Trade Union / Labor United. Then followed with the release of Act No. 13 of 2003 on Manpower. Problems in this reasearch: (1) To identify and analyze the Implementation of the Employment Agreement in the Specific Time (PKWT) At the National Land Agency of Kendal. (2) To identify and analyze the forms of legal protection for workers at National Land Agency of Kendal with the Specific Time of Work Agreement (PKWT). The results of this study are: (1) Implementation of the Employment Agreement in the Specific Time (PKWT) at the Land Office of Kendal by implementing probation on each worker who recruits including contract workers. Which it is not supposed to apply probation at a certain time and labor agreements remain to be done if the employment agreement becomes null and void. (2) The legal protection of workers / laborers at Specific Time Work Agreement (PKWT) inemployeein practice has not run optimally, given the frequent violations, because of the vagueness of the rules on the implementation of the Employment Agreement for specific time periods, in providing protection against labor law for employees in the Land Office of Kendal.Keywords: Legal Protection; Labor Contract; the National Land Agency.
The Division Of Distributable Assets To The Non-Muslim Heirs Based On Compilation Of Islamic Law Siska Lestari; Danceu Danceu; Sri Endah Wahyuningsih
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.v5i2.3093

Abstract

Inheritance issues are particularly vulnerable because they are related to total assets to be distributed to the heirs. This issue often occurs and ends up in court, especially concerning the issue of inheritance for non-Muslim heirs. Based on the Compilation of Islamic Laws, non-Muslim heirs are not entitled to the inheritance of the Muslims family. For non-Muslim heirs, this is very unfair, so it can cause disunity within the family. Islam prioritizes justice and prosperity, so that cases of non-Islamic heirs can be given alternative solutions by giving inheritance through a mandatory will (Wasiat Wajibah).Keywords: Inheritance; Non-Moslem Heir; Compilation of Islamic Law.
Roles and Responsibilities of Notary in Making the Results Agreement of Criminal Sanctions Husni Basya; Dwi Kurniawan; Sri Endah Wahyuningsih
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.v5i2.3231

Abstract

Notary institutions emerge from the growing needs of society today. Which requires evidence of the relationship existing civil law and / or between them, the general rule as to where and when the law demands it or it is desired by the community, to make written evidence that has authentic power. On 16 June 1925, out instructions to the Notary who practice in Indonesia, instruction, which contains 10 articles containing provisions that a Public notary before the first practice was sworn in. Notary Oath become a necessity of Principles of Public Law (Publiek Rechtelijk Beginsel): "That a public official before running its position as legally must take the oath first, if not it is not legitimate to run its position despite being lifted. "Oath Notary at Notary Act No. 2 of 2014 provided for in Article 4 to Article 7, while Article 17 Regulation of the contents oath Notary amended by Regulation No. 11 of 1949 has been repealed with the enactment UUJN. In the UUJN article 1, paragraph 1 Notary is a public official authorized to make an authentic agreement and other authorities referred to in this Act. Agreement of Notary must have the strength of evidence was authentic anyway, because according to article 1870 of the Civil Code authentic agreement must give them the parties and their heirs or persons who have the right of them a perfect evidence about what is contained in the agreement that the force formal and substantive evidence.Keywords: History of Notaries; Notary Oath; Criminal Sanctions.
Co-Authors Aldila Marselli Arif Hidayat Danceu Danceu Dwi Kurniawan Dyatmika Malik H. Khanafi Khanafi Heni Agustiningsih Husni Basya Khusen Martono Mangirim Limbong Misbakhul Munir Siska Dwi Astuti July Siska Lestari sunardi sunardi