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Juridical Analysis Related To Confidentiality Of Notary Liability D Djunaedi Djunaedi
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i2.15576

Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or for criminal reasons. Therefore, it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.

THE JURIDICAL REVIEW OF LEGAL POWER OF GROSSE DEED AS THE BASIS FOR EXECUTING MORTGAGE EXECUTION AUCTIONS D Djunaedi; Dwi Wahyono; Setyawati Setyawati
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.18459

One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required by the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example, a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the Grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper came from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public.

TINJAUAN YURIDIS TUGAS DAN KEWENANGAN JAKSA DEMI TERCAPAINYA NILAI-NILAI KEADILAN Djunaedi Djunaedi
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1478

The dynamics of the law enforcement paradigm, of course, will have consequences on the institution, organization, structure, and position of law enforcement officers, including in this case the Attorney institution. Prosecutors role in achieving a goal of the criminal justice system, it would require continuous efforts to increase the ability of the Public Prosecutor in tackling criminal acts in the community, including the ability to prevent and deal with a crime that happened. Prosecutors also must be able to engage fully in the development process, among others, helped create the conditions and infrastructure to support and secure the implementation of development to realize a just and prosperous society based on Pancasila and the duty tocontribute to maintain and uphold the authority of the government and the state and to protect the interests of the people through law enforcement. Code Criminal Procedure provides that the position of attorney as prosecutor as authorized institutions. In a position as a public prosecutor apparatus, the Criminal Procedure Code asserts that the prosecution authority to make theindictment without the intervention of other agencies, the public prosecutor and the perfect stand alone in making the indictment.

Legal Protection Duties on Notary Positions if Malpractice Happen in the Making of Authentic Deals Jane Florin Merietta; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.257-264

This legal research aims to identify and analyze the juridical consequences and responsibilities of a Notary if a Notary commits malpractice while carrying out his duties as a Notary, as well as to find out and analyze the extent of legal protection for the duties of a Notary's office who are suspected of having committed malpractice in making authentic deeds. This study uses a sociological juridical approach using descriptive analytical research specifications. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study is in the form of literature and the data analysis method used is qualitative data analysis. Based on the results of research and discussion, that if a Notary commits a malpractice against his authentic deed, then the authentic deed is relegated to a private deed. Then, legal protection for Notaries who commit acts of malpractice must involve professional organizations or INI as a forum that can educate and solve problems that exist among its members.

Legal Protection Due to the Non-Competition Clause in Franchise Contract Miftahul Rosyadi; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to: 1) Knowing and analyzing the legal protection due to the non-competition clause in the franchise agreement, 2) Knowing and analyzing the non-competition clause that has fulfilled the elements of article 1320 of the Civil Code regarding the terms of the validity of the agreement, 3) Knowing the example of the deed franchise agreement. The research method used in this study is a normative juridical method with secondary data sources. The research specification used is descriptive analysis. Researchers used normative research specifications with secondary data sources. The secondary data used by the researcher was collected by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it was easy to read. The data analysis method used by the researcher consists of the stages that the secondary data obtained will be used for descriptive-qualitative analysis. Based on the research, it is concluded that the legal protection due to the non-competition clause in the franchise agreement of Serba Wenak Restaurant is explained that in Article 13 of the draft franchise contract regarding trade secrets that franchisees are required to keep the system, management and methods of restaurant management secret from the franchisor during their tenure. The term of the agreement lasts or has expired. One of the characteristics of the Versatile Restaurant franchise is that there must be a written agreement (contract), In this case, the Serba Wenak Restaurant franchise agreement is stated in the deed of agreement that has been agreed upon by the franchisor, represented by the company director, Mr. Drs. M. Adung Darmadung with the franchisee, Mrs. Leni Marleni.

Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies Yeni Amalia; Amin Purnawan; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.

Notary Role In Assets Transfer Process From a Hospital Foundation Become a Limited Company Siti Anggraini; Lathifah Hanim; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The establishment of foundations in Indonesia prior to the foundation law was only based on customary law/jurisprudence in practice that developed in the community. The establishment of the foundation itself sometimes deviates from its original purpose, namely as a non-profit copper company with social, religious, and humanitarian purposes, but in the future it is not uncommon for the founders and coaches of a foundation to want to make a profit/profit from their business. The author deliberately takes a case study of a hospital foundation that changes a legal entity and its assets into a PT, namely the author wishes to be able to find out the extent of the role and responsibilities of a notary, and what about this matter when viewed from the point of view of the foundation's laws and regulations. - law PT, whether it is an unlawful act or not. The author in carrying out this case study research, uses a normative juridical method, namely by examining theories and concepts, as well as legal principles and legislation related to research. The results of the study can be concluded by the author that changing a legal entity from a foundation to a PT, is a violation of the law, because it is contrary to the laws and regulations of the foundation and the laws and regulations of PT.

The Role of PPAT in Making the Deed of Sale and Purchase and the Authorized to Sell Certified Land Ilham Wahyu Wicaksana; Djunaedi Djunaedi; Andi Aina Ilmih
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.555-569

This study aims to identify and analyze the role and authority of the Land Deed Making Official (PPAT) in making the deed of sale and purchase and the power of attorney to sell certified land rights and the obstacles and solutions faced by the Land Deed Making Official (PPAT) in making the deed of sale and purchase and deed of power of attorney to sell certified land rights. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of legal certainty and the theory of authority. The Role and Authority of the Land Deed Making Official (PPAT) in the making of the Sale and Purchase Deed (AJB) and the Authorized Deed to Sell Certified Land Rights in Rembang Regency, namely the Preparation of the Sale and Purchase Deed and the implementation of the AJB. In making the PPAT deed, the parties who carry out legal actions regarding Land Rights and Ownership Rights to Flat Units must be present before PPAT to convey the aims and objectives to PPAT. Obstacles faced by Land Deed Making Officials (PPAT) in making the Deed of Sale and Purchase and the Authorized Deed to Sell Certified Land Rights in Rembang Regency in the event of a default or unlawful act committed by one of the parties. The occurrence of these obstacles, then PPAT can provide solutions to the parties to deliberation first in resolving the problem.

PEMAHAMAN WARGA GENUK TERHADAP PENTINGNYA NOMOR INDUK BERUSAHA (NIB) GUNA PERCEPATAN PEMBANGUNAN DI ERA PANDEMI COVID-19 Lathifah Hanim; Maryanto Maryanto; H.Djunaedi H.Djunaedi; H.Dwi Wahyono
Konferensi Nasional Pengabdian Masyarakat (KOPEMAS) #5 2024 Konferensi Nasional Pengabdian Masyarakat (KOPEMAS) 2020
Publisher : Konferensi Nasional Pengabdian Masyarakat (KOPEMAS) #5 2024

Show Abstract | Download Original | Original Source | Check in Google Scholar

Identitas sebuah perusahaan, salah satunya adalah NIB (Nomor Induk Berusaha). Fungsi NIB menggantikan TDP (Tanda Daftar Perusahaan), API (Angka Pengenal Impor), dan akses kepabeanan. NIB tidak saja mempermudah badan untuk mendapat izin resmi atau legalitas tapi juga memiliki banyak manfaat untuk proses mengelola usaha dalam jangka panjang. Dengan NIB, setiap pelaku usaha dengan bentuk badan usaha/non badan usaha memiliki nomor identitas nasional sebagai pengenal. Kegiatan pengabdian masyarakat ini bertujuan untuk meningkatkan pengetahuan dan ketrampilan warga Sembungharjo Genuk terhadap pentingnya Nomor Induk Berusaha (NIB) guna percepatan pembangunan di Era Pandemi Covid-19. Kegiatan pengabdian dilaksanakan melalui metode focus grup discussion, penyuluhan. Praktek, pendampingan serta evaluasi kegiatan. Partisipasi dan antusiasme warga Sembungharjo Genuk dalam kegiatan ini sangat baik, kelompok mitra berkontribusi aktif dalam pengadaan keperluan pelatihan serta aktif berbagi pengalaman terhadap pentingnya NIB guna percepatan pembangunan di Era Pandemi Covid-19. Dampak dari kegiatan penyuluhan mampu meningkatkan pengetahuan dan ketrampilan warga Sembungharjo Genuk terhadap pentingnya NIB guna percepatan pembangunan di Era pandemi Covid-19. Kegiatan penyuluhan terhadap pentingnya N I B guna percepatan pembangunan di era pandemi covid-19 di Kelurahan Sembungharjo Genuk juga untuk pengembangan usaha lebih cepat dan bebas gangguan serta memudahkan pinjaman untuk pembiayaan perusahaan dan diharapkan dapat berkelanjutan

The Criminalization of Civil Disputes: A Legal Analysis of the Application of Criminal Charges in Cases Involving State Finances Nurmalah Nurmalah; Hamzeh Abu Issa; Hendro Widodo; HD Djunaedi; Andhika Yuli Rimbawan
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.48749

The phenomenon of criminalization of civil disputes involving state finances has created controversy in Indonesian legal practice. The unclear boundary between administrative-civil state losses and corruption has led to law enforcement practices that often exceed the principle of ultimum remedium. This paper aims to analyze the legal application of criminal charges in civil cases impacting state finances by examining the normative framework, court decisions, and the practice of calculating state losses by state auditors. This research uses a normative-doctrinal approach through analysis of laws, decisions of the Constitutional Court and the Supreme Court, and concrete case studies. The results of the study indicate that inconsistent definitions of "state losses" and the absence of standard calculation methods increase the risk of criminalization of acts that should be resolved administratively or civilly. This article recommends the need for standardization of audit methodology, strengthening the mechanism for claiming compensation for state losses in the administrative realm, and affirming the principle of ultimum remedium in prosecution policy.

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