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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Nagari Law Review Awang Long Law Review Surakarta Law and Society Journal
Nurfaidah Said
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Law, Crime, Criminology & Criminal Justice

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PROVISIONS FOR WRITING NUMBERS IN NOTARY DEED Sitti Putri Utami; Nurfaidah Said; Hasbir Paserangi; Muhammad Ilham Arisaputra
Surakarta Law and Society Journal VOL. 3 NO. 1 AUGUST 2020
Publisher : Universitas Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32019/slsj.v3i1.479

Abstract

Purpose this research is to discuss about provisions for writing numbers in a notary deed. The result indicated that is in principle, the deed contains the statements and wishes of the parties before the Notary which are set forth in writing. Therefore, according to the author, the contents of a deed are basically writings which are the wishes of the parties. Decree of the Minister of Education and Culture of the Republic of Indonesia Number 054a /U/1987 stipulates that numbers do not need to be written with numbers and letters at the same time in the text, except in official documents such as deeds and receipts. Because deeds made by notaries are official documents which are state archives, the writing of numbers in the notary deeds follows the ministerial decree. Based on the provisions above, if there is a difference between the writing of numbers and the writing of letters (text or spelled out) in a deed, then what is followed is the one written completely in letters. Likewise, if the deed is used as evidence, the judge must follow what is written in full in letters. Keywords: Notary, deed, numbers.
KEPASTIAN HUKUM DALAM PERBUATAN HUKUM ATAS HARTA BERSAMA PADA PEMBELIAN DAN PENJAMINAN HAK ATAS TANAH Jane Elizabeth Priscillia Chendra; Nurfaidah Said; Kahar Lahae
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 32, No 2 (2020)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jmh.50865

Abstract

AbstractThis research aims to analyze whether a husband/wife has the right to act by themselves in the case of land right purchase or mortgage, also the means that can be done to induce legal certainty in this matter. The purchase of land rights using money from the marital property should be done together by the husband and wife, or with a statement of approval from the husband/wife. The mortgage of a land right which is a part of a marital property or inheritance property must be done together by all the joint-owners; if an authority is required, it must be given in the form of Power of Attorney to Impose Mortgage. The means that can be done to induce legal certainty in this matter is by making some changes in the laws and regulations concerning marriage, land, and mortgage. IntisariPenelitian ini bertujuan untuk menganalisis apakah seorang suami/istri berwenang untuk bertindak sendiri dalam membeli dan/atau menjaminkan harta bersama berupa hak atas tanah serta upaya untuk mewujudkan kepastian hukum dalam hal tersebut. Pembelian hak atas tanah menggunakan uang dari harta bersama seharusnya dilakukan bersama-sama oleh suami-istri atau diberikan pernyataan persetujuan dari istri/suaminya. Penjaminan hak atas tanah yang merupakan harta bersama maupun harta warisan seharusnya dilakukan bersama-sama oleh para mede-eigenaar; jika menggunakan kuasa, harus dalam bentuk Surat Kuasa Membebankan Hak Tanggungan. Upaya untuk mewujudkan kepastian hukum dalam hal ini adalah mengubah beberapa ketentuan peraturan perundang-undangan mengenai perkawinan, pertanahan dan Hak Tanggungan.
Analisis Hukum Kebijakan Daftar Negatif Investasi Berdasarkan Peraturan Presiden Nomor 44 Tahun 2016 Terhadap Pengusaha Ritel Indonesia Nanda Aisyah Rusli; Muhammad Ashri; Nurfaidah Said
Nagari Law Review Vol 1 No 2 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.1.i.2.p.126-137.2018

Abstract

This study aims to determine the implementation of Presidential Regulation No. 44 of 2016 for retailers in Indonesia as well as to know the application of foreign investment in the retail sector in Makassar. This research is an empirical normative research based on library research with regard to the prevailing laws and regulations, legal literature such as books, journals, articles on the internet as well as other legal materials and field studies. The results of this study indicate that given the opportunity for foreign investors to own a maximum of 67% shares, it is considered a policy that causes no restrictions on ownership in the retail industry, so that the attitude of openness is expected to encourage the growth of modern retail expansively. Given the rapidly growing growth of the retail industry, one of the alternative solutions to zoning problems for large-scale modern retailers is required to be in a mall or shopping mall but so far this location permits are not observed by a number of modern retailers Keywords: Foreign Investment, Retail, Modern Retail, Traditional Retail
Peralihan Harta Bersama dalam Perkawinan yang Tidak Dicatatkan Muhammad Alif Gemail; Anwar Borahima; Nurfaidah Said
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.3.i.1.p.41-55.2019

Abstract

This study aims to analyze the legal consequences arising from legal actions carried out before a notary by a couple whose marriage is not recorded and legal efforts to protect parties when legal actions occur. This research is a normative legal research using a law and case approach. The location of the study was conducted in Makassar City. The results showed that the legal consequences arising from legal actions carried out before a Notary by a couple whose marriage was not recorded is a Notary Certificate, cannot be made by the Notary because they do not have evidence that confirms that a legal marriage has been carried out. In this case what is meant is the Deed Marriage issued by the Civil Registry Office because the marriage is only done according to their religion and beliefs. Legal measures to protect parties when legal actions occur are the establishment of permits to return the name of the land certificate to the District Court where the object of land / building is located. In the application to the District Court, it should also be requested for the Judge's confirmation in the determination that Mona's mother is the only heir based on a marriage that has been carried out in accordance with religious law and her beliefs
AUTHORITY TO ACT HUSBAND OR WIFE IN MAKING A DEED OF TESTAMENTARY ESTATE (LEGAAT) ON JOINT PROPERTY IN MARRIAGE Jassica Halim; Ahmadi Miru; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.463 KB) | DOI: 10.56301/awl.v5i1.534

Abstract

The purpose of this study was to analyze the actions of the husband or wife in making a deed of the testamentary estate of joint property in marriage. This type of research is normative-legal research, using a legal approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials and secondary legal materials, using library research techniques, qualitatively analyzed using prescriptive presentation techniques. The results showed that the husband or wife's authority to act in making a deed of the testamentary estate (legaat) on joint property in a marriage, namely a capable husband or wife and a lamp to act alone without requiring the approval of the wife or husband, as long as what was granted in the will only and part-owned by husband or wife over the object of joint property in marriage, because if the deed of grant of will on joint property in a marriage is made jointly by husband and wife or made by husband or wife with the consent of the wife or husband, then on the deed of grant of will it will be in danger of being canceled.
THE VALIDITY OF THE NOTARY DEED TO REVIEW A TYPE OF ERROR USING A PEN ERASER Yossi Islamiya Pratiwi; Hamzah Halim; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.461 KB) | DOI: 10.56301/awl.v5i1.540

Abstract

The authority of a notary is governed by the Notary Position Act in article 15 paragraph (1). In terms of erasing using a pen eraser, is not allowed and is not regulated in the Notary Position Act. However, if the minutes and copies of the deed remain the same, then the error in the deed is not a substantive error and there is no lawsuit against it. Therefore, the deed is still valid as an authentic deed. Regarding the legal consequences, whether a Notary deed is an authentic deed or not, will be decided by a judge in court.
Co-Authors Ahmadi Miru Anwar Borahima Hamzah Halim Hasbir Paserangi Jane Elizabeth Priscillia Chendra Jassica Halim Kahar Lahae Muhammad Alif Gemail Muhammad Ashri Muhammad Ilham Arisaputra Nanda Aisyah Rusli Sitti Putri Utami Yossi Islamiya Pratiwi