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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

LEGAL STRENGTH OF POWER OF ATTORNEY OF IMPOSING GUARANTEE RIGHTS REGARDING THE ISSUANCE OF REGULATION OF THE HEAD OF THE NATIONAL LAND AGENCY NUMBER 8 OF 2012 Nandari, Ni Putu Sawitri; Sutrisni, Ketut Elly; Suderana, Wayan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3789

Abstract

The Power of Attorney for Imposing Mortgage is a special power of attorney, does not contain the power to take other legal actions other than imposing Mortgage as stipulated in chapter 15 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (UUHT). Notary as a Public Official who is authorized to make authentic deeds is also authorized to make a Power of Attorney to impose Mortgage in accordance with the provisions stipulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). However, in its development the process of making a Power of Attorney for Imposing Mortgage by a Notary experienced obstacles which became a problem in writing this thesis which was related to the Regulation of the Head of the National Land Agency Number 8 of 2012 concerning Amendments to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. This research is a normative research, namely by looking for legal materials based on library research. Legal materials obtained from library research will be analyzed using a qualitative descriptive method. The type of approach used is the legal concept analysis approach and the approach through laws and regulations. The results of the study show that the Power of Attorney for Imposing Mortgage made by a Notary after the issuance of Regulation of the Head of the National Land Agency Number 8 of 2012 has permanent legal force. Notaries have their own legal umbrella within their authority to make a Power of Attorney to impose Mortgage as stipulated in UUJN. Therefore, the provisions contained in the Regulation of the Head of the National Land Agency Number 8 of 2012 cannot be applied to Notaries. 
Legal Protection Due to Flight Delays Reviewed from Transportation Law in Indonesia Nandari, Ni Putu Sawitri; Yudas Swastika, I Gusti Bagus; Julia Mahadewi, Kadek; Suderana, I Wayan; Rusmana, I Putu Edi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5471

Abstract

As an air transport passenger, it is very important to know about the rights as consumers so that when there are irregularities or violations, passengers can demand their rights to be fulfilled. Currently, it is not uncommon in air transportation activities, airlines do not fulfill their obligations as business actors. The problem in this study is what is the legal protection due to flight delays in terms of transportation law in Indonesia? and what efforts can be made by passengers in minimizing flight delays? The research method used in this study is normative legal research with a statutory approach, a fact approach, and a conceptual approach. This research uses primary legal materials and secondary legal materials. The technique of collecting legal materials used in this study was obtained from literature research. In this study, the legal material analysis technique used is a juridical descriptive technique. Preventive legal protection in flight delays is regulated in Article 146 of Law Number 1 of 2009 concerning Aviation. Meanwhile, repressive legal protection in resolving disputes that have arisen due to flight delays is regulated in Article 9 paragraph 1 of the Minister of Transportation Regulation Number 89 of 2015 regulating flight delay compensation. Provisions related to administrative sanctions for business actors who have violated their obligations are regulated in Article 60 paragraph 2 of the Law. Efforts that passengers can make in minimizing delays are by choosing a reliable airline by paying attention to On Time Performance (OTP) as a service standard