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All Journal Privat Law DOKTRINA: JOURNAL OF LAW Ilmu Hukum Prima ARBITER: Jurnal Ilmiah Magister Hukum Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Perspektif Hukum
Rehulina rehulina
Universitas Harapan Medan
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Ilmu Hukum Prima

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TANGGUNGJAWAB HUKUM BAGI NOTARIS TERHADAP AKTA YANG DIBUATNYA SECARA PERDATA Sugih Ayu Pratitis; Rehulina rehulina
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2513

Abstract

The notary is a public official who is authorized to make an authentic deed, as long the making of the authentic deed is not reserved for other public officials. A notary as a public official is a person who carries out some the public functions of the state, especially in the field civil law. Making authentic deeds is required by laws and regulations to create certainty, order, and legal protection. This study uses normative juridical approach, using primary law, especially regarding the laws and regulations concerning the Notary Position. In this study, data were collected through study of documents and literature studies. Research on secondary legal materials derived from library sources in the form of books, articles, and interviews as a compliment. The data will be analyzed descriptively qualitatively.Civil liability of a Notary who commits an unlawful act is that the Notary is obliged to account for his actions by being sentenced to civil sanctions in the form of reimbursement costs or compensation to parties who are harmed for unlawful acts committed by the Notary. However, before the Notary is sentenced to civil sanctions, the Notary must first be able to prove that there has been a loss caused by the unlawful act the Notary against the parties.
PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019) Rehulina Rehulina; Andi Putra Sitorus
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2515

Abstract

Collateral has a very important function in economic activity in general because providing capital loans from financial institutions (both banks and non-banks) requires the existence of a guarantee, which must be fulfilled by capital seekers if they want to get a loan / additional capital both for the long term and for the long term. short term, such as a fiduciary guarantee. what is the procedure for the execution of fiduciary guarantees after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 This research is normative legal research (legal research). The purpose of this research is to find out how to transfer fiduciary security ownership rights after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 which has so far transferred fiduciary security rights based on Law Number 42 of 1999 concerning Fiduciary Guarantees. Execution of executory titles, sale of objects that are objects of collateral through public auctions, underhand sales carried out based on an agreement between the Giver and the Fiduciary Recipient if in this way the highest price can be obtained that benefits the parties. However, after the issuance of the Constitutional Court's decision 18/PUU-XVII/2019, which provided a legal interpretation that the executive power of the Certificate.
Co-Authors Andi Putra Sitorus Muslim Harahap Pratitis, Sugih Ayu