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A Review Of Notary Positions: Submission Of Notary Proto-cols Aged 25 Years Or More In Medan City Yosua Leo Ezra Roito Simamora; Hasim Purba; Suprayitno, Suprayitno
Jurnal Ekonomi Vol. 13 No. 04 (2024): Edition October -December 2024
Publisher : SEAN Institute

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Abstract

The storage of Notary Protocols that are not submitted by Notaries to the Regional Supervisory Board is not in accordance with the provisions in Article 63 paragraph (5) of the UUJN, that Notary protocols that have exceeded a period of 25 (twenty five) years or more must be submitted to the Regional Supervisory Board. This paper discussed a formulation of the problem in this study is responsibility of notaries for notary protocols that are 25 years old or more and the application of Article 63 paragraph (5) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries in the process of submitting notary protocols; also impact on notaries who do not submit notary protocols that are 25 years old or more as regulated in Article 63 paragraph (5) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. This study uses an empirical legal method with a statutory and conceptual approach. Data were obtained from interviews with notaries in Medan City, as well as legal document studies. The analysis was conducted qualitatively with the aim of examining notary protocol issues, combining legal theory with field data, and drawing deductive conclusions. The results of the study found that notary protocols that are 25 years old or more are regulated in Article 63 paragraph (5) of the UUJN which requires notary protocols to be submitted to the MPD in accordance with the authority of the MPD in Article 70 letter e of the UUJN, where in its implementation it is carried out through an inventory mechanism, making a list of protocols and minutes of handover, but is constrained by limited storage space, damaged protocol conditions, incomplete documents and lack of coordination, so that if the notary does not submit the protocol, administrative sanctions can be imposed in accordance with Article 85 of the UUJN in the form of verbal or written warnings, temporary dismissal, honorable or dishonorable dismissal which can affect the credibility and professionalism of the notary.
A Legal Analysis Of Inheritance Property Objects Still Serving As Debt Collateral Azzumar Azza Akbar; Hasim Purba; Rosnidar Sembiring
Jurnal Ekonomi Vol. 13 No. 04 (2024): Edition October -December 2024
Publisher : SEAN Institute

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Abstract

The problem of inheritance distribution is one of the issues that often causes disputes in society, especially when it is related to assets that still have burdens or ties to other parties. One form of complexity in inheritance distribution occurs when the object of inheritance still has the status of debt collateral. This research is a normative legal research supported by interview data, descriptive nature of analysis using a legislative approach and a conceptual approach. The methodology of this research relies on secondary data. Data collection is done through library research, while data analysis uses qualitative methods. This decision has a significant impact as a new jurisprudence that changes the previous paradigm from rejection of the lawsuit (NO) to the concept of inheritance distribution that can still be implemented by paying attention to the protection of the rights of heirs and creditors, thus creating a new standard in religious court practice for handling similar cases in the future.
Legal Certainty Of Guarantee Of Movable And Non-Movable Property In Oral Agreements To Lend Money Thesia Elestika Simanjuntak; Hasim Purba; Aflah, Aflah
Jurnal Ekonomi Vol. 13 No. 04 (2024): Edition October -December 2024
Publisher : SEAN Institute

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Abstract

Money lending agreements can be made either in writing or verbally, with or without collateral as a form of trust between the parties. Although Indonesian law recognizes the validity of oral agreements based on the principles of freedom of contract and consensualism, in practice it often raises legal problems, especially regarding the legal certainty of the collateral provided. The purpose of this study is to determine the validity of money lending agreements made verbally in the Indonesian legal system, what are the forms of unlawful acts in money lending agreements made verbally with movable and immovable objects as collateral according to civil law, how is the legal certainty of the position and legal protection of the recipient and provider of movable and immovable objects in oral money lending agreements reviewed from. The method used in this writing is the normative legal research method, namely a method that refers to legal norms carried out by means of literature studies, this research is descriptive in nature, and the data is analyzed qualitatively. The results of the study found that oral money lending agreements are still recognized as valid in the Indonesian legal system as long as they meet the requirements in Article 1320 of the Civil Code, even though they have weaknesses in terms of proof. In its implementation, unlawful acts can occur as regulated in Article 1365 of the Civil Code when one party commits a violation such as misuse of collateral or withholding collateral even though the debt has been paid off. However, based on Supreme Court Decision Number 198K/Pdt/2019, legal certainty is still given to the parties through the protection of their rights, as evidenced by a court decision ordering the return of collateral and excess payments to the entitled party, thus showing that even though the agreement was made verbally, the principles of justice and legal certainty are still upheld by the court.
Akibat Hukum Pemalsuan Sidik Jari Pengganti Tanda Tangan dalam Akta Autentik Adam, Putri Maulia; Purba, Hasim; Suprayitno, Suprayitno; Wau, Hilbertus Sumplisius M.
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.376

Abstract

This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.
Akibat Hukum Akta PPAT yang Dipalsukan oleh Pegawai Kantor PPAT: Studi Kasus Putusan PN Mataram Nomor 16/Pid.B/2018/PN Mtr Ritonga, Rina Yozarni; Purba, Hasim; Suhaidi; Suprayitno
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i1.6167

Abstract

A deed is one of the most important documents that must be present when someone claims that an item, whether movable or immovable, is truly owned by that person. In land ownership, a deed cannot be removed, therefore a deed is made to obtain proof of legal ownership. In this case, deeds are made by Land Deed Making Officials who have been sworn in to carry out their profession so that they do not deviate from their profession, but some Land Deed Making Officials often deviate and even falsify the land deeds they make. In this thesis, we will discuss the basics of the legal process and what the status of the deed made is in the law. Not only that, this thesis will also discuss how the Land Deed Official receives the consequences under the applicable law. This research uses the Normative Juridical method with an approach to Legislation and previous research.
LEGAL ANALYSIS OF WIFE'S INHERITANCE RIGHTS TO HUSBAND'S PROPERTY IN ISLAMIC INHERITANCE LAW (STUDY OF DECISION NUMBER 2563/PDT.G/2023/PA.Mdn) Muhammad Yaasir Syauqii Pohan; Hasim Purba; Utary Maharany Barus
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.109

Abstract

This study aims to analyze the legal position of the wife regarding the husband's inherited property from the perspective of Islamic inheritance law, with a case study on Decision Number 2563/Pdt.G/2023/PA.Mdn. The focus of this study is to examine how Islamic inheritance law regulates the wife's rights to the husband's inherited property after the husband dies, and how religious courts apply these legal provisions in resolving inheritance disputes. The research method used is normative juridical with a case approach. The data analyzed include primary legal materials in the form of the Qur'an, Hadith, and related laws and regulations, as well as secondary legal materials in the form of Islamic legal literature and expert doctrines. In addition, this study also examines court decision documents to understand the legal considerations used by the panel of judges. The results of the study show that in Islamic inheritance law, the wife has the right to a certain portion of the husband's inheritance, which is specifically regulated in the Qur'an, Surah An-Nisa verse 12. However, the husband's inherited property that is not included in the category of joint property remains part of the inheritance that must be divided according to the provisions of faraidh law. In Decision Number 2563/Pdt.G/2023/PA.Mdn, the panel of judges decided that the wife is entitled to a portion according to the provisions of faraidh, while still considering the status of the property as inherited property that is not mixed with joint property. This study provides an important contribution in strengthening the understanding of the application of Islamic inheritance law in Indonesia, especially regarding the rights of wives to their husbands' inherited property. In addition, the results of this study can be a reference for legal practitioners, academics, and the community in understanding and resolving inheritance disputes fairly and in accordance with sharia.
THE POSITION OF JOINT PROPERTY IN MIXED MARRIAGES (STUDY DECISION NUMBER 550/PDT.G/PA.SOR) Fara Dhia Altahira; Mahmul Siregar; Hasim Purba
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.111

Abstract

Mixed marriages often result in marital property located outside Indonesia. In the event of a divorce, according to the provisions of the Marriage Law, marital property is a typically divided equally, with half going to the husband and half to the wife. However, one party is often disadvantaged in the division, particularly when they feel they have contributed more during the marriage. As a result, the division of marital property in mixed marriages cannot be treated as a standard case, as one party may demand a greater share if they believe they have contributed more. One example of a mixed marriage case that was filed for a resolution concerning marital property is the case between Sieska Sagita Nasution, an Indonesian citizen (WNI), and Pepijin Joehem De Blecourt, a foreign national (WNA), which was decided by Decision Number: 550/Pdt.G/PA.Sor. This research seeks to address the following legal issues: (1) the legal consequences for marital property, such as land and buildings, in cases of divorce within mixed marriages; (2) the legality of foreign national, after divorce, in granting power of attorney to sell their portion of the marital property, specifically land in Indonesia; and (3) how the law was applied by the panel of judges in the mixed marriage case between Sieska Sagita Nasution, an Indonesian Citizen (WNI) and Pepijin Joehem De Blecourt, a Foreign national (WNA), as decided in Decision Number: 550 / Pdt.G / PA.Sor. The research method used in this study is a combination of normative legal research method and empirical legal research. This research is descriptive analytical, with data collection carried out through documents studies, library research, and supported by field research. The findings of this study show that the legal consequences for marital property, such as land and buildings, in divorce cases involving mixed marriages are that both the Indonesian and foreign nationals involved in the marriage remain entitled to half of the total value of the marital property , unless otherwise specified in a prenuptial agreement. As a result, marital property in these mixed marriages may include ownership of movable assets, such as land and anything attached to it by natural, human actions, or its intended use.
NOTARY'S RESPONSIBILITY FOR CANCELLATION OF THE CONTENTS OF SHARES SALE AND PURCHASE DEED THROUGH COURT RULING (STUDY OF SUPREME COURT DECISION NUMBER 188 PK/PDT/2020) Date 01 July 2020 Syafa Nabilla; Hasim Purba; Burhan Sidabariba; Agustining
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.112

Abstract

Notary liability for the cancellation of the contents of the proforma share sale and purchase deed through a court decision caused by the existence of parties who do not have good faith who face the Notary because the shares are pretend (proforma), on the other hand of the notary are asked to use the principle of prudence and the principle of knowing their clients, but on the other hand notaries also need to get legal protection if they are able to prove that after applying the principle Prudence turns out to exist among parties who do not have good faith so as to harm other parties who also associate notaries as defendants to be held accountable for illegal acts, so this needs to be studied.The formulation of the problem that will be studied in this study is what is the responsibility of the Notary for the share sale and purchase deed that he makes and is canceled by the court? What is the legal protection for parties who are agreed to in the sale and purchase of shares due to the cancellation of the share sale and purchase deeded by the court? What is the legal analysis used by the judge in canceling the proforma share sale and purchase deed in the Supreme Court Decision Number 188 PK/PDT/2020? The research method used is juridical normative with a case approach by analyzing cases in Bekasi District Court Decision Number 334 / Pdt.G / 2014 / PN. BKS, Bandung High Court Decision Number: 467/PDT/2016/PT. BDG, Supreme Court Decision Number: 1681 K / Pdt / 2017 and Supreme Court Decision Number : 188 PK / Pdt / 2020. The data sources used are secondary data with primary, secondary, secondary legal materials. Data collection tools with library research, qualitative data analysis. The results showed that notaries had difficulty reaching out and detecting further related to the sale and purchase of proforma shares (pretend) considering that after carrying out the precautionary principle, it turned out that there was one party who did not have good faith and harmed the other party who sued in court and made the notary a defendant, but in the case of Bekasi District Court Decision Number 334 / Pdt.G / 2014 / PN. BKS, Bandung High Court Decision Number: 467/PDT/2016/PT. BDG, Supreme Court Decision Number: 1681 K / Pdt / 2017 and Supreme Court Decision Number: 188 PK / Pdt / 2020, Notaries who conducted Judicial Review are proven innocent and are not charged with rent responsibility even though the notarial deed they made must still be cancelled, considering that Notaries only make shares sale and purchase terms between the parties which turns out that one of the parties applies the sale and purchase of shares.
PERTANGGUNG JAWABAN PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI DENGAN MENGGUNAKAN BLANGKO KOSONG (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2082 K/PDT/2017) Fahreza, Redy Farhan; Purba, Hasim; Sutiarnoto, Sutiarnoto
Law Jurnal Vol 5, No 1 (2024)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v5i1.5766

Abstract

Population growth and economic development in Indonesia have encouraged an increase in land sale and purchase transactions, accompanied by the need for legal certainty. In this context, the Land Deed Official (PPAT) plays an important role in the preparation of authentic deeds relating to the transfer of land rights. However, in the field, there are several problems, one of which is the use of blank forms, which became the subject of a case in Supreme Court Decision Number 2082 K/PDT/2017.This research aims to analyze the authority of PPAT regarding the use of blank forms, as well as their responsibility for errors that occur based on the decision. In addition, this research also explores legal protection for the injured party. The method used is normative juridical with an analytical descriptive approach. In this study, researchers collected primary legal materials in the form of laws and regulations and Supreme Court Decision No. 2082 K/PDT/2017, as well as secondary legal materials in the form of legal literature and tertiary legal materials as support. Data collection is carried out through literature study, which is then analyzed qualitatively to answer problems related to the authority and responsibility of PPAT.The results showed that the PPAT's action in signing the sale and purchase deed with a blank form is against the law and is not in accordance with the applicable regulations in Indonesia. This action can result in a change in the status of the deed from an authentic deed to a deed under the hand. Offending PPATs may be subject to sanctions of dishonorable dismissal and are required to pay compensation to the injured party. Although PPATs have the responsibility to prepare the blanks, they are still required to follow established procedures, including reading out the contents of the deed in the presence of all parties, to ensure that they understand and agree to the contents of the deed.
Ketentuan Hukum Perlindungan Hukum terhadap Hak Kreditur Pemegang Hak Tanggungan atas Tanah yang Menjadi Objek Pengadaan Tanah untuk Kepentingan Umum yang Dananya telah Dititipkan di Pengadilan Saleem Awud Nahdi; Hasim Purba; Mahmul Siregar
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v4i3.1526

Abstract

The aim of this research is to analyze the legal provisions for legal protection of the rights of creditors holding mortgage rights over land which is the object of land acquisition for public purposes whose funds have been entrusted to the court. This research uses normative legal research methods with a statutory approach. The research data consists of primary, secondary and tertiary legal materials which were collected using library study techniques and analyzed using qualitative normative data analysis methods. The results of the research and discussion are, the legal position of Mortgage Rights where land is the object of land acquisition as well as legal protection for creditors in land procurement regulations where legal certainty has not been achieved, because there is a legal vacuum that regulates how creditors obtain compensation funds, so it is necessary to add provisions to be able to exercise the right of claim in changes to land procurement regulations so that creditors/banks are involved in the land procurement stages and it is necessary to regulate how the creditor can obtain all or part of the compensation received by the giver of the Mortgage Rights for the repayment of his receivables if the object of the Mortgage Rights is revoked. public interest.
Co-Authors Abd. Rahim Lubis Adam, Putri Maulia Ade Irawan Damanik Aflah Aflah, Aflah Agus Yudha Hernoko Agusmidah Agusmidah Agustining Agustining Agustining Agustining, Agustining Alberto Sitanggang Amalia, Tasya Angga, Suheri Anna Kholilah Daulay Antary, Cut Rizki Aprilyana S., Idha Ardilia, Novi Rizki Ariza, Mega Atisya Septika Yoja Azwar, Tengku Keizerina Devi Azzumar Azza Akbar Balqis Davya Guci, Samira Bertha Milionita S Bridail, Bridail Burhan Sidabariba Chindy, Cathryn Aurora Christiany Purba, Ennyta Damanik, Sari Maisyarah Daulay, Rizky Ayunisa Dedi Harianto Devi Anwar, Tengku Keizerina Devi Azwar, T. Keizerina Dinarta Gundari Dyssa Novita Edy Ikhsan Edy Ikhsan Edy Syah Putra Surbakti Effendy, Dicky Elsa Aprilia Rambe Fahreza, Redy Farhan Fahriza Hafiz Fara Dhia Altahira Feisal Al Jufri Aryul Ferari, Matthew Bias Fredick Broven Ekayanta Ginting Suka, Sri Endhayani Gita Regina Malela Glory, Ivania Goklas Mario Sitindaon Guslihan Dasa Cipta Matondang Halida Rahardhini Harahap, Ella Novita Indah Harahap, Nur Aini Harialdi Dharmawan Syahputra Helen, Helen Henny Putri Raya Bernice Marpaung Hutabarat, Nidea Novresia Idha Aprilyana Sembiring Irfan Hadi Isdiana Syafitri Jelly Leviza Joni Emirzon Juliani Simalango, Yessica Kaban, Maria Kartika, Sahnaz Keizerina Devi Keizerina Devi Azwar Kelvin Bixby Surbakti Koeswoyo, Josephine Lovita Apriliana Sari Pinem Lubis, Carissa Vialyta Lumban Tobing, Ruth Yiska M Hadyan Yunhas Purba M. Rizki Harahap Mahmud Mulyadi , Mahmud mahmul Seregar MAHMUL SIREGAR Mahmul Siregar Malkany, Fadhil Yusuf Maria Kaban Mar’ie Muhammad Setianegara Maulana Ibrahim Miranti, Indah Muhammad arief muhtadin Purba Muhammad Fajar Tanjung Muhammad Imam Mirza Muhammad Muchlis Muhammad Yaasir Syauqii Pohan Muhammad Yamin Muhammad Yamin Munthe, M.Alvicki Nadeak, Larasati Angelica Napitupulu, Yazmine Nabila Natasha Karina Sianturi Natasya Sirait, Ningrum Nency Paska Sari Sembiring Nurhilmiyah Nurhilmiyah, Nurhilmiyah OK. Saidin Parlin Dony Sipayung Pinem, Faisal Hadi Purba, Sarah Putri F Putra, Hadian Indrawan Putri, Samitha Andimas Rahma Dewi, Novia Rahmadsyah, Muhammad Fikri Rambe, Nurfahlita Dewi Reihans Ghivandy Argisandya Rendhat Nainggolan Rentina Lucy Andriaini Retno Amelia Rina Rina Rissa Putri Bert Ritonga, Almi Ramadhani Ritonga, Arifin Syahputra Ritonga, Rina Yozarni Rizki Ardilia, Novi Rizki, Mohd. Arif Rosanna Anwar, Sarah Rosmery Rosnidar Sembiring Rudi Haposan Siahaan Rudy Haposan Siahaan S, Suprayitno Safrida Safrida Saidin saidin, saidin Saleem Awud Nahdi Samitha Andimas Putri Sayyida Faradiba Vahlevi Sebayang, Nurhalimah Br Sidabariba, Burhan Simamora, Agustin Adisaputra Sinaga, Mohd Rizky SINAGA, SUDARMAN Sinaga, Tria Asmita Despiona Sindy Nurihta Br. Ginting Siregar, Mutia Sari Siti Nurahmi Nasution Siti Rohana Hasibuan Sitorus, Boni Fransius Situmorang, Josua Pebruanto Mangihut Situmorang, Reward Stefani Kamajaya Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Sukarja, Detania Sunarmi Sunarmi Sunarmi Sunarmi SUPRAYITNO Suprayitno Suprayitno Suprayitno Suprayitno Sutiarnoto Sutiarnoto Sutiarnoto Syafa Nabilla Syafira, Rizki Putri Syahira Sumantri, Nabila T. Keizerina Devi A T. Keizerina Devi A. T. Keizerina Devi Azwar Tan Kamello Tan Kamello Tania Novebriani Lase Tanjung, Khairunissa Isyarah Tarigan, Christina Margaretha br Tarsisius Murwadji Tasya Veronika Anrori Ginting Thesia Elestika Simanjuntak Tiyana Br. Situngkir, Anggis Tony Tony Tony Tony Tony Ujung, Lolonta Gabriella Exaudita Utary Maharany Barus Wanda Jaya Silaen Wau, Hilbertus Sumplisius M. Widya Sari Yefrizawati Yefrizawati Yefrizawati Yordinand, Yordinand Yosua Leo Ezra Roito Simamora Zhavira, Zhavira Zulkarnain Sitompul Zulkifli