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Tanggung Jawab Notaris Akan Perjanjian (Akta) Pinjam Nama (Nominee) Warga Negara Asing Dalam Kepemilikan Tanah Dan Bangunan Ulyannuha, Dzurwatul; Ery Agus Priyono
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1941

Abstract

A nominee agreement made by a notary is actually a form of legal smuggling, which is used for the benefit of a foreign party. Basically, a nominee agreement provides all authority that may arise in relation to national land law which cannot be owned by foreign parties, which is then given to native residents as recipients of power of attorney. There are problems that arise, namely the applicable legal provisions relating to the making of a deed of borrowing a notary's name, the responsibility of a notary in making a Nominee deed for a land rights agreement between local residents and foreign nationals. This research uses a type of normative legal research and is analytical descriptive, where this research uses premier data as complementary data using data collection techniques carried out by means of literature study, as well as qualitative data analysis. Deeds of borrowing names or nominees are legally permissible, especially in shareholder agreements, however, unlike land ownership in the country, making deeds of borrowing names by a notary is an act of smuggling agrarian law and is prohibited by law. Based on Article 21 paragraph (1), Article 26 paragraph (2) of Law Number 5 of 1960 concerning Basic Agrarian Regulations, it is stated that a nominee agreement is an invalid agreement because it does not comply with statutory provisions. As a Notary there are three types of responsibility, namely civil legal responsibility, criminal legal responsibility and responsibility through the notary's code of ethics. The legal consequences that arise regarding the making of deeds of nomination, land ownership agreements between local residents and foreign nationals, namely that the nominal agreement is null and void.
Establishment Of A Voluntary Self Regulation Non-Governmental Consumer Dispute Resolution Organization In Principle Of Fairness And Equality Satrio Ageng Rihardi; Budi Santoso; Ery Agus Priyono
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.21086

Abstract

Developments in the economic sector will increase the production and consumption power of society. If consumers suffer losses, economic agents are obliged to be able to provide compensation for the products sold to consumers. The UUPK provides for alternative dispute resolution outside the judicial system, namely through the Non-Governmental Consumer Protection Agency (LPKSM). Settlement of consumer disputes in LPKSM with a voluntary self-regulation mechanism or self-regulation as an effort to regulate, control, evaluate, select and determine a performance that will certainly minimise or reduce the number of disputes that go to the Consumer Disputes Board (BPSK) or the District Court. The research method uses normative legal research by tracing literature studies using a normative legal approach in order to obtain new perceptions of the situation by providing a new form of concept in resolving consumer disputes at LPKSM. The concept of the LPKSM's Voluntary Self-Regulation Mechanism is designed to help various parties, especially business actors and consumers, quickly and inexpensively to resolve disputes at the lowest level before they reach the BPSK or the courts. As a form of voluntary self-regulation, mediation is the right method to implement the principle of equality before the law. The LPKSM acts as a third party, an outsider who is declared to be neutral (impartial) and who helps the parties to come to an agreement. The benefits of resolving consumer disputes are quick, inexpensive and confidential, and can even be described as a win-win solution, set out in a joint peace deed.
PENGATURAN DAN PENGAWASAN BISNIS FINANCIAL TECHNOLOGY DI INDONESIA: Indonesia Kornelius Benuf; Rinitami Njatrijani; Ery Agus Priyono; Nur Adhim
Dialogia Iuridica Vol. 11 No. 2 (2020): Volume 11 Nomor 2 Tahun 2020
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v11i2.2001

Abstract

In the era of globalization like today, the ease and speed of getting things are highly sought after, including the ease and speed of getting financial services. Financial Technology (Fintech) is a digital financial service that offers and provides convenience and speed of financial services. The emergence of Fintech certainly provides convenience for people to get financial services. But we need to remember that in our constitution, Indonesia is a rule of law so that everything that is done in this country must be based on law. Including the Fintech business, must be regulated and monitored by existing laws in Indonesia. So it is necessary to know the regulation and supervision of Fintech's business in Indonesia, which will be further explained in this paper. The writing method used is normative juridical, using secondary data by analyzing primary, secondary and tertiary legal materials. Based on the research results it is known that Fintech's business in Indonesia is regulated and supervised by three institutions namely the Ministry of Communication and Information, Bank Indonesia, and the Financial Services Authority.