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Implementation of Legal Protection of Confidential obligation Notary In Running Position Djuniatno Hasan; Agus Ekhsan; Gunarto Gunarto
Jurnal Akta Vol 7, No 2 (2020): June 2020
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.v7i2.7872

Abstract

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.
Notary Authority to Provide Legal Counseling Service Based On Notary Law and Notary Code in Banjarnegara Bondan Zakaria Bushido; Risky Eko Novi Artanto; Gunarto Gunarto
Jurnal Akta Vol 6, No 3 (2019): September 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.v6i3.5194

Abstract

The purpose of this study was to determine and analyze Notary authority in Providing Legal counseling in terms of Act No. 2 of 2014 on Amendment of Act No. 30 of 2004 concerning Notary and Notary Code. And to analyze Obstacles and Solutions for a Notary in Role Gives Legal counseling.This study uses empirical juridical approach, the specification is descriptive analytical research, data sources used in the form of primary data obtained through interviews, secondary data with the literature study, qualitative analysis. The problem is analyzed using the theory of Authority and Accountability.Based on the results of this study concluded that 1) Notary authority in providing Legal counseling to Its clients can be divided into two (2) Criteria, namely a) Legal counseling followed by Creation Deed and b) Legal counseling without being followed by Creation Deed. 2) The obstacles in conducting Legal counseling, namely a) Effect of Kinship properties, b) Effect of Position, c) Influence of Consumerism, d) Profession into Business Activity, e) Due to Weak Faith. Solutions to resolve impediments in doing Notaries Legal counseling Legal counseling is doing that is not followed by Creation Deed.Keywords: Notary authority; Legal counseling.
TINJAUAN YURIDIS TENTANG PEMILIKAN RUMAH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA Dhona Anggun Sutrisna; Gunarto Gunarto
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.v4i2.1793

Abstract

Investment is the source of funds management activities at the present time with the aim of obtaining maximum profits in the future. In order to improve the country’s economic growth in Indonesia, the government took measures to attract capital from abroad by way of foreign investment. The method used in this research is normative with descriptive analytical research specification, whereas the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the arrangements regarding the ownership of residential home for foregners domiciled in Indonesia is the Law of the Republic of Indonesia Number 5 of 1960 on the Basic Regulation of Agrarian Principles ( BAL ) and the execution of the Indonesian Government Regulation Number 103 of 2015 on Housing Residential Dwelling Or By Stranger that domiciled in Indonesia. Procedures for settling disputes regarding ownership of residential home for foreigners domiciled in Indonesia resolved through litigation and non-litigation.Keywords : Investment, Foreigners, Home Shelter.
AKIBAT HUKUM AKTA OTENTIK YANG TERDEGRADASI MENJADI AKTA DIBAWAH TANGAN Soegeng Ari Soebagyo; Gunarto Gunarto
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.v4i3.1804

Abstract

The study entitled "Legal Effects Against the Authentic Deed of Degradation Becoming a Deed of Hands" aims to recognize the legal consequences of the degraded authentic deed and the responsibility of Notary over the degraded authentic deed to become a deed under the hand. This research uses juridical socio legal research approach, in collecting data more emphasized on source of primary material, in the form of legislation, studying law norms and law science sera theory in addition to interviews to the parties related to the problem in carefully. Based on the method, the research produces principally (i) Authentic deeds can be degraded into deeds under the hand when the requirements of the authentic deed are not met, whether material or formal terms which have the authority to judge them is a court. ) What are the legal consequences of an authentic deed that is deemed to be a deed under the hand does not have legal validity as an authentic deed, only a word under the hand that has no legal force to bind this subject under KUHperdata article 1869 and can be seen in Law no. 2 Year 2014 jo. UU no. (3) Article 51 paragraph (4), (iii) The responsibility of a Notary if The authentic deed he made into a deed under the hand, the Notary may be held accountable; (-) Administrative liability If a Notary is found guilty of violating Article 85 of Law Number 30 Year 2004 which regulates the obligation and prohibition for Notary in carrying out his / her position. (-) Accountability according to Civil Law of this matter as Article 1365 Civil Code, and can be seen In Law no. 2 Year 2014 jo. UU no. Article 49 paragraph (3) of Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4) (-) Accountability under criminal law if Notary deliberately falsely authentic deed or intentionally include incorrect information in the authentic deed he madeKeywords: Authentic Deed, Notary, Degradation
Normative Study against Limitation of Liability Notary Deed in Lieu In Making Based Act No. 2 of 2014 on Notary Isman Isman; Ahmadi Ahmadi; Gunarto Gunarto
Jurnal Akta Vol 7, No 2 (2020): June 2020
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.v7i2.7972

Abstract

The purpose of this study was to analyze: 1) the role of the Notary Deed in Lieu in manufacturing. 2) Limitation of liability in the manufacture Substitute Notary Deed. 3) Barriers and solutions for Substitute Notary in carrying out its responsibilities in the manufacture of Deeds pursuant to Act No. 2 of 2014 On Notary.This research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Substitute Notary important role in meeting the needs of the people in deed, Substitute Notary is only temporary, as it replaces the notaries who are on leave, sick or absent or unable to perform its functions properly. So that the public service to create an authentic deed is not disturbed and running as it. 2) Limitation Substitute Notary Responsibility and authority is not affected by age restrictions as well as Notary, despite all the deed made by Notary Substitute, has been assigned or transferred to the depositary Protocol Notary, this means that although already quit or retired as a Notary, the Notary still be responsible for the deed he made. 3) Barriers for Substitute Notary in carrying out its responsibilities in the manufacture of Deed is the lack of experience of the notary, limited capacity and their doubts about the substitute notary office. Solutions that can be done is to provide socialization and guidance of the MPD to the Notary Substitute related to the duties and responsibilities as a Substitute Notary.Keywords: Responsibility Notaries; Notary Substitute Deed.
PELAKSANAAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN (SKMHT) DI KOTA PEKALONGAN Dian Cahyo Wibowo; Gunarto Gunarto
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.v4i2.1794

Abstract

The Power of Attorney Charging the Guarantee Right (SKMHT) in Article 15 of Law Number 4 Year 1996 concerning Land and Property Rights related to Land (UUHT) is stipulated as a condition to be immediately followed up by the making of Certificate of Granting of Mortgage Right APHT).This study uses descriptive analytical properties with aspects of the Empirical Juridical approach and field research (observation) only as supporting data. The location of this study was conducted in Pekalongan City. The population of this study amounted to 50 (fifty) SKMHT made by 4 people Notary / PPAT respondents in May - November 2014. Of the entire population are all sampled.To collect primary data / main data is done by using field research using interview technique, whereas to informant is done by giving questionnaire and interviewing them related to SKMHT implementation in crediting by creditors. To obtain secondary data / additional data is done literature on books, laws, and important documents related to this research. The data obtained were analyzed and then grouped the data according to their qualification, then described with qualitative analysis approach.The result of this thesis research shows the process of Implementation of SKMHT in credit scheme made by Notary / PPAT has been in accordance with the regulation. In the process of using SKMHT in this credit agreement is made with the stage that is before and at the time after the credit agreement agreement and the second stage merupkan SKMHT installation to the land office. The inhibiting factors in the use of SKMHT arise during the binding process into APHT and APHT registration stages. The inhibiting factors in the implementation process of SKMHT into APHT form are costly and short term. In overcoming these obstacles, efforts are made by renewing SKMHT which has expired in accordance with legislation and follow up SKMHT become APHT.Keywords: Power of Attorney Charges Deposit Rights
TINJAUAN TERHADAP PELANGGARAN KODE ETIK JABATAN NOTARIS DI KABUPATEN PURBALINGGA Yogi Priyambodo; Gunarto Gunarto
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.v4i3.1805

Abstract

An insufficient Notary only owning membership of law but also have to base on responsibility and carrying out of to be august of ethics and prestige. Role and of Notary of vital importance to traffic punish in society, therefore Notary have to earn to run its profession professionally have, high dedication to and also always hold high standing and its prestige by upholding code of ethics Notary. So that can run its duty better as steward of society, a professional have to run its occupation by harmonizing among owned membership by respect code of ethics profession. Ethics is norms, rules and conditions, which must fulfill by a group of one who is conceived of by circle of professional. Therefore, of vital importance to all Notaries to be able to more comprehend of that deed can be told as collision of code of profession. Ethics, how organizational effectiveness Notary Indonesia in giving construction to all Notaries in order not to happen things which harming Notary and served society it.Pursuant to the things hence problems to check in this research: A Violations code of ethics, barriers and solutions Violations of code of conduct, as well as the legal consequences violations of the code of ethics by notary in district Purbalingga.Approach method the used is approach of empirical yuridis and specification of which is used in this research have the character of analytical descriptive research. Pursuant to result of research can be concluded supervisory council area district Purbalingga which acts as watching and collecting facts about the society and finding relations to violation and board of trustees having authority fall of sanctions to offenders, barriers experienced in the form of inadequate infrastructure, while the legal consequences about moral judgment and ethics Notary itself.Keywords : Violation, Code of Ethics
IMPLEMENTASI PERJANJIAN PEMBIAYAAN JUAL BELI (MURABAHAH) DI BANK NEGARA INDONESIA ( BNI ) SYARIAH CABANG SEMARANG Moch Faizul Khakim; Gunarto Gunarto
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.v4i3.1816

Abstract

One form of financing agreement provided by Bank BNI Sharia is murabahah, which is a form of trust and sale of certain goods, between banks and customers. The bank buys the required item and sells it to the respective customer at the cost of the acquisition plus the agreed benefit. The purpose of this study entitled Implementation of Sale and Purchase Agreement (murabahah) in Bank BNI Sharia Branch Semarang is to find out how the procedures and requirements in the implementation of Buy and sell Financing Agreement (murabaha) at Bank BNI Sharia Branch Semarang and problems often faced in Murabahah Financing Agreement as well as efforts to overcome the problem of Implementation of Murabahah Financing Agreement at Bank BNI Sharia Branch of Semarang. This research is a descriptive analysis using sociological juridical research methods and field research, based on the results of research concluded that the stages or procedures and requirements in Murabahah Financing Agreement at Bank BNI Sharia Branch Semarang is Application, Investigation, Financing Analysis, Letter of Agreement on Financing Agreement, Signing of Murabahah Agreement, Withdrawal, Installment Calculation, Installment Payment and Repayment. In the implementation of the Murabahah Financing Agreement, Bank BNI Sharia often faces several problems, especially in terms of murabahah financing for houses / property, based on observations the authors conclude there are some weaknesses or difficulties that become problem in murabahah financing, that is in terms of Human Resources (HR) and the provisions of the National Sharia Council Fatwa. BNI Sharia Bank's efforts to solve a problem when one party does not fulfill its obligations, BNI Sharia Bank applies its settlement clause by way of deliberation and kinship, if in the above manner can not reach agreement, then the final effort is settled through local District Court. It is suggested to Bank BNI Sharia to distribute murabahah financing always pay attention to applicable law. If the murabahah financing is not able to comply with the applicable law, then this murabahah product should not be marketed temporarily pending the issuance of new regulations that support the implementation of this murabahah product. Keywords: Murabahah Agreement, PT. Bank BNI Sharia Branch Semarang
PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg) Faizal Indra Nor Cahyo; Gunarto Gunarto
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.v4i2.1795

Abstract

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.
Law Review Of Dispute Resolution In The Land Acquisition For Development For Public Interest In Tegal Regency Vita Purnamiati; Gunarto Gunarto; Sufi Hamdani Kurniawan
Jurnal Akta Vol 6, No 2 (2019): June 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.v6i2.5068

Abstract

The purpose of this study was to determine: 1) Implementation of land acquisition for the construction of highways in the public interest, Tegal Regency. 2) Settlement of disputes in the implementation of land acquisition for the construction of public interest. 3) Obstacles and solutions in the procurement of land for public purposes in Tegal regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, whereas the method of analysis with descriptive analysis method and qualitative analysis.Results of the research results can be concluded: 1) Implementation of land acquisition for public purposes, starting from planning, location determination, the establishment of the land procurement committee, price assessment, deliberation, decision and compensation stage damnification; 2) Settlement of disputes of land acquisition in the public interest the construction of toll roads in Tegal regency can be done with the courts and lanes deliberation. Tegal society more choose the path of deliberation for reasons more cost effective. Settlement of disputes by consultation carried out continuously and intensely to achieve a fair deal. 3) Obstacles and solutions in the procurement of land for public purposes in Tegal their third-party intervention, the buying and selling of land free, the process of inheritance that has not been behind the name, the pricing of compensation is not appropriate and the knowledge society that is lacking in the field land and construction of public interest. The solution to this committee is to socialize and intense deliberations to happens a fair deal for both sides.Keywords: Land Dispute; Land Acquisition; Public Interest.
Co-Authors A.A. Ketut Agung Cahyawan W Abu Taher, Mohammad Adi Prasetiyo Adiati Hardjanti Agus Ekhsan Agus Hartanto Agus Setiawan Agustinus Dian Leo Putra Ahmad Mujib Rohmat Ahmad Yahya Ahmad Zaini AHMADI Akbar, Robby Akhmad Khisni Akhmad Khisni, Akhmad Ali Djamhuri Ali Fakhrudin, Ali Amin, Al Andhika Widya Kurniawan Andita Rizkianto Anis Mashdurohatun Ansharullah Ida Apri Rahmadi Arief Rahman Siregar Arif Rachman Wahyu Wicaksono Arpangi Arpangi, Arpangi Aryani Witasari As'adi M. Al-ma'ruf Asep Suherdin Bagus Langgeng Prasetiyo Bambang Rudito Bambang Tri Bawono Beno Beno Benyamin Ginano, Raihan Gautama Binyamin Binyamin, Binyamin Boma Wira Gumilar Bondan Zakaria Bushido Chaniago, Rizky Darwinsyah Minin Desi Ayuwati Ayuwati Dhona Anggun Sutrisna Dian Cahyo Wibowo Dian Pramythasari Utamawati Djuniatno Hasan Doddy Irawan Dwi Fahri Hidayatullah Eko Julianto Eko Nuryanto Eli Tri Kursiswanti Endah Wahyuningsih, Sri Endang Sulistyawati Etri Silviyanti Fadhilah, Raudhatul Fahrezi, Dian Fahrurrozi Fahrurrozi Faizal Indra Nor Cahyo Fakhrul Wildan Fariza, Muhammad Fasya, Muhammad Fatik Rahayu Fera Dyah Nur Oktavia, Fera Dyah Feriansyah, Feriansyah Fuazen Fuazen , Fuazen Girsang, Junimart Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania Hussain, Abdullah Al-Monzur I Nyoman Garjita Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Iqbal Rino Akta Pratama Irawan, Doddy Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Junaidi Junaidi Kabir, Md Adnan Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie Moch Faizul Khakim Moh Priyo Manfaat Mohammad Solekhan Muchammad Qomaruddin Qomaruddin Muhamad Riyadi Putra Muhammad Iwan Muhlas Muhlas Mundhi, Mundhi Munsharif Abdul Chalim Mustar Mustar Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta Putra, M. Indra Eka Putra, Sanggrayugo Widyajaya RAMDHANI RAMDHANI Reni Widayanti Ria Latifah Rinna Dwi Lestari Risky Eko Novi Artanto Ristya Putri Asriyani Rivan Achmad Purwantono Rizki Maulana, Tubagus Vibi Rochmad, Miftakur Rustaman, Viva Hari Saputri, Pungky Lela Sarwono, Eko Setiyani, Dwi Setiyani, Dwi Sianturi, Patar Mangoloi Sitoresmi, Sitoresmi Soegeng Ari Soebagyo Soeroso, Raka Aprizki Sri Anik, Sri Sri Endah Wahyuningsih Sri Kusriyah Sri Wahyu Murni Sri Yuliati Subiyanto Subiyanto Sufi Hamdani Kurniawan Suhanan, Aan Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang Videawati, Videawati Vikha Anief Obaydhillah Vita Purnamiati Wahyu Adhi Admaja Wahyu Wahyu Warman Warman Widi, Prasetya Nugrahaning Wijanarko, Khansa Fara Yeremias Tony Putrawan Yogi Priyambodo Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Zainal Alim Adiwijaya, Zainal Alim