Munsyarif Abdul Chalim
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PEMBUKTIAN KEKUATAN AKTA DI BAWAH TANGAN YANG DILEGALISASI OLEH NOTARIS Ivanovich Suaedi; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1775

Abstract

The verification of the power of a deed under the law legalized by a Notary who is responsible for the truth of the deed under his or her legalization is about the certainty of the signature that it is certain that the signature is indeed a party to the agreement, not someone else. The responsibility of a Notary in a Notary Law (UUJN) is explicitly mentioned in article 65 of the UUJN stating that a Notary replacement, a Notary of a Successor and a Notary Officer is responsible for each deed he has made, even though the notary protocol has been transferred or transferred to the depositary protocol. Accordingly, in the proof of a notarial deed by a notary publicly legalized by the notary does not have the perfect hill strength as it lies in the signature of the parties which, if acknowledged, is one of the most complete evidence.The method of approach used in this study is normative juridical research on the text of law alone, but involves the ability of scientific analysis of legal materials with the support of understanding the legal theory. Sources and Types of Data are based on primary legal material that is derived from the applicable Book of Law and secondary law materials consisting of reference books and Journals and scientific papers, research results relating to research materials.From the result of the research, it can be concluded that the power of deeds dehumanized by the Notary will be perfectly verified if the parties want and recognize the signature of the deed under the agreement which has been legalized by the Notary.Keywords: Legalization, Deed, Notary
KEWENANGAN MAJELIS KEHORMATAN NOTARIS WILAYAH DALAM MEMBERIKAN PERSETUJUAN TERHADAP PEMANGGILAN NOTARIS OLEH PENEGAK HUKUM Udi Hermawan; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1820

Abstract

Referring to the provision of Article 66 Paragraph (1) of Law Number 2 Year 2014, Assembly Honor Notary is authorized to approve the calling of a Notary by law enforcement. The authority of the Assembly Honor Notary is to replace the authority of the Regional Notary Supervisory Board in the case of giving approval to the calling of a Notary by law enforcement as stated in Article 66 Paragraph (1) of Law Number 30 Year 2004, which has been abolished by the Constitutional Court of the Republic of Indonesia through the Decision of the Constitutional Court of the Republic of Indonesia Number 49 / PUU-X / 2012 because it is contradictory to the 1945 Constitution of the State of the Republic of Indonesia. After the enactment of Law Number 2 Year 2014 the authority is reappeared and delegated to the Assembly Honor Notary. The research is empirical juridical research using primary law material, secondary law material, and tertiary legal material. After all the data collected then arranged systematically then analyzed qualitatively, and presented descriptively.The conclusion of this research is that the exercise of the authority of the Assembly Honor Notary in giving approval to the calling of a Notary by law enforcement has been done accordingly in accordance with the provisions of the prevailing laws and regulations and should continue to run as a safeguard against the Notary. A common obstruction is the difficulty of bringing together members of the Assembly Honor Notary when conducting an examination hearing. Related to that, there must be a commitment from each member of the Assembly Honor Notary to be able to perform his / her duties and obligations as a member of the Assembly Honor Notary.Key Words: Authority, Assembly Honor Notary, Calling a Notary.
AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN Roeri Andriana; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1787

Abstract

Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The making of an authentic deed is required by law and regulation in order to create certainty, order and legal protection. In addition, the authentic deeds made by or before the notary are not only required by legislation, but also because it is desired by the parties concerned to ensure the rights and obligations of the parties. Notary became one of the general officials who provide services in the form of archiving files that have been done by the parties. What is meant by filing is to bind any legal acts committed by the parties in the notary's office. To achieve the objectives used legal juridical Normative research is the study of the law that focuses on the study of documents or bibliography, but to complement the data obtained from the study of documents or library then conducted field research, ie from the sources. Data analysis used is qualitative data analysis. Notary pursuant to Article 1 paragraph 1 of Law number 2 of 2014 concerning Position, Notary is a public official authorized to make authentic deeds and other authorities as referred to in this law. And still in Article 1 paragraph 13 UUJN (Position Notice Act) Protocol is a collection of documents that are archives of the state that should be kept and maintained by a notary. From the result of research and discussion it is concluded that rejecting protocol from other notary is not justified, because every notary must accept protocol from other notary it is stated in Notary Appointment Letter. Notary holder of the protocol shall only be responsible for securing state documents, submitting minas deed if necessary, in case of responsible criminal acts shall remain the notary making. It is stipulated in the Notary Office Law Article 65 that a notary, a substitute notary, a notary public official is responsible for every deed he has made even though the notary protocol has been transferred or transferred to the notary notary of the notary protocol. The rejection of the notary protocol is not an unlawful act, the unlawful act that exists in the notary profession is anything that is concerned with the product made by a notary (authentic deed). The supervision of a notary is conducted by the Minister by appointing the MPD (Regional Supervisory Council) in the case of notary protocol is the regional supervisory board to conduct reprentative and reprefentative supervision to impose administrative sanctions in the form of oral reprimands, written warning, dismissal, dismissal with respect and disrespect dismissal. Administrative sanctions are provided based on investigation team results, so MPW may impose sanctions on the notary who rejects the protocol.Keywords: Notary Public, Notary Protocol, Notary Supervisory Board.
PERALIHAN HAK ATAS TANAH ABSENTE KARENA WARIS (STUDI KASUS DI KANTOR ATR/BPN KABUPATEN KENDAL YANG DOMISILI AHLI WARIS BERADA DILUAR WILAYAH KECAMATAN ) Ika Rahma Wanti; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1790

Abstract

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.
MAKNA PENYULUHAN HUKUM SEHUBUNGAN DENGAN PEMBUATAN AKTA OLEH NOTARIS DI KABUPATEN KENDAL Muhammad Ali Alala Mafing; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1812

Abstract

This research will discuss a problem of notary in interpreting Legal Counceling connect to the Deed Creation by Notary in Kendal Regency (Article 15 paragraph 2 letter e of Act Number 2 of 2014 concerning Notary Position) including where the Notary is not performing properly the authority contained in the law of Deed making.This research uses method of yuridic sociologic. The technique of data collecting is conducted with library research including primary and secondary data. The result shows that: (1) notary only provide a counceling to client and do not provide legal counceling thoroughly to the public (2) the extention material provided is limited about the making of deed when client comes. (3) notary only use the article pasively. It means that if the client does not come then the notary does not provide legal counceling.The conclusion is Notary should interprets the article and implements it activelydeal with its authority in giving legal counceling. So the purpose of the constitution is done well.Keywords : notary, legal counceling, the deed
KEBIJAKAN HUKUM PIDANA DALAM UPAYA MENANGGULANGI TINDAK PIDANA LINGKUNGAN HIDUP (Studi Kasus Penanggulangan Limbah Bahan Berbahaya Dan Beracun Padat Sisa Dari Pmbakaran Batubara Mesin Boiler) Sri Sufiyati; Munsyarif Abdul Chalim
Jurnal Hukum Khaira Ummah Vol 12, No 3 (2017): September 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i3.1877

Abstract

In term of tacking environmental crime, this research will discuss about criminal law policy of overcoming the environment crime prevention related to the dumping of Hazardous and Toxic Waste without permission. Based on the Thesis description, the problem that will be in the first examination is the criminal law policy to tackle environmental crime in the current positive law. Second, criminal law policy tackles environmental crime in the future.The purpose of this research is to analyze criminal law policy to tackle environmental crime in positive law today and in the future.The result of the research concludes that the aspect of the imposition of sanctions contained in Law Number 32 Year 2009 on Environmental Protection and Management related to criminal sanctions against perpetrators and business entities proven to dump Hazardous and Toxic Wast is considered inappropriate in an effort to tackle environmental crime. Further related to the Criminal Aspect, it is fitting that criminal sanctions imposed on Hazardous and Toxic Wast dumping action to environmental media without permission are more severe than the current provisions Keywords: Criminal Law Policy, Environmental Crime