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Journal : Rechtsidee

Introducer Witness On Notary’s Deed Establishment: Forgotten Role in Indonesia Notarial Law Monica Firda Nurjannah; Sri Budi Purwaningsih; Mochammad Tanzil Multazam; Emy Rosnawati
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2018.4.45

Abstract

In Law Number 2 Year 2014 regarding the Amendment of UUJN (UUJN-P) Juncto Law Number 30 of 2004 concerning Notary (UUJN) mentioned that was possible if there is a sign witness or an introducer witness. However, in Notary Law is not yet be regulated explicitly about legal protection for introducer witness who signed in a notarial deed. The purpose of this study was to know the legal protection for the introducer witness who signed in a notarial deed. The Type of research used in this research is normative, with statue approach and the results will be presented descriptively with deductive logic. The result of research shows that legal protection for introducer witness is can’t be sued because he is responsible the formal truth about people to notary only .The benefit of this research is bring information to public about legal protection for the instroducer witness.
Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice Sri Budi Purwaningsih
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.100

Abstract

The extension of credit contain a risk that must be covered by the bank, because the credit is given now and pay later. To minimize the risk of loans, the bank will ask the debtor to provide collateral as a source of repayment of the debt if the debtor default or breach of the contract. According to Article 1131 Civil Code (KUH Perdata), all assets of a debtor, either moving or fixed objects, both existing and new will exist in the future, a guarantee for all debts of the engagement. This means that by itself or in order to pass laws providing collateral by a debtor to any creditor for all debtor's property. Sales with Privately Made Deed over the object in the hak tanggungan banking practices may be more effective and efficient both in terms of time and costs for the settlement of non-performing loans. But in practice, occurs some offense prescribed procedure leading to doubts about the legality aspect of sales with privately made deed over the object under hak tanggungan based on the authorization to sell in banking practice. How To Cite: Purwaningsih, S. (2014). Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice. Rechtsidee, 1(2), 191-204. doi:http://dx.doi.org/10.21070/jihr.v1i2.100
Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010 Sri Budi Purwaningsih
Rechtsidee Vol 1 No 1 (2014): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i1.99

Abstract

The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2014). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99