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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Awang Long Law Review El-Iqtishady International Journal of Education, Vocational and Social Science
Kahar Lahae
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
TANGGUNG JAWAB PENGAWASAN PEMERINTAH DALAM MELINDUNGI HUTAN PRODUKSI TERBATAS MAPONGKA DI KABUPATEN TANA TORAJA Aulia Faradiba Tilameo; Sri Susyanti Nur; Kahar Lahae
El-Iqthisadi Volume 4 Nomor 2 Desember 2022
Publisher : Jurusan Hukum Ekonomi Syariah Fakultas Syariah dan Hukum Uin Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/el-iqthisady.vi.33609

Abstract

Abstract This study aims to formulate, identify, and analyze the type of provincial government oversight necessary to safeguard the Mapongka Limited Production Forest (HPT) in Tana Toraja Regency, as well as the barriers that prevent the provincial government from keeping an eye on and reining in forest encroachment there. By gathering primary data in the form of interviews and secondary data obtained through literature study, this type of research discusses the manner in which the provincial government supervises itself as well as the barriers that prevent it from keeping an eye on and reining in forest squatters in the Tana Toraja Regency's Mapongka Limited Production Forest Area (HPT). The collected data were then subjected to qualitative analysis. The findings of this study suggest that (1) forestry authorities are in charge of supervision. Special police powers are granted to some officials. (1) Obstacles that prevent the provincial government from monitoring and controlling forest encroachers in the Mapongka Limited Production Forest Area (HPT) of Tana Toraja Regency because of a lack of personnel/HR UPT Saddang I Forest Management Unit, inadequate infrastructure, and a lack of public awareness of the importance of controlling forest encroachment are covered by the authority of the forestry police. Keywords: Forest with little production, Government, Responsibility.
MAKING A NOTARY DEED THAT PROVIDES LEGAL CERTAINTY Hustam Husain; Kahar Lahae; Marwah
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 (322.249 KB) | DOI: 10.56301/awl.v5i1.548

Abstract

The purpose of this study is to analyze and understand the level of obedience of a Notary in making a Notary deed. This type of research is empirical legal research. Empirical legal research is oriented to primary data (research results in the field). Empirical legal research is an approach carried out by field research by seeing and observing what is happening in the field, and the application of these regulations in practice in society. All data obtained in the study, both primary data and secondary data, were analyzed using qualitative analysis techniques. After that it is described, by examining the existing problems, describing, describing, and explaining the problems related to this research. The use of this descriptive method is intended to obtain a good, clear picture and can provide as detailed data as possible about the object under study, in this case, to describe how legal certainty and protection is for the community through the making of a Notary deed with legal certainty. Based on these results, a conclusion is drawn which is the answer to the problems formulated in this study and suggestions that aim to provide input for further improvement. The results of this study indicate that in carrying out the duties of office, there are still Notaries who do not carry out the provisions as stipulated in the UUJN, the Notary Code of Ethics, and other laws and regulations. This is because the Notary in carrying out his position is still influenced by internal and external factors, so that due to his disobedience to the procedures and procedures for making the deed results in the degradation of the deed made or produced by the Notary.
The Implication Of The Central Honorary Council’s Regulation In Limiting The Number Of Notarial Deeds Nurul Inayah Eka Putri; Marwati Riza; Kahar Lahae
International Journal of Education, Vocational and Social Science Vol. 2 No. 03 (2023): August, International Journal of Education, vocational and Social Science (IJE
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v2i03.489

Abstract

The purposes of this study are: 1. To analyze the effectiveness of the supervisory role of the Notary Supervisory Board based on Central Honorary Council regulation Number 1 of 2017 concerning the Limit of the Reasonable Number of Deeds Per Day (Per.DKP No.1/2017). In addition, the purpose of this study is also to analyze the legal implications for notarial deeds made exceeding the fairness limit as stipulated in Central Honorary Council Regulation Number 1 of 2017 (Per. DKP No.1/2017). Research method. The approach taken by researchers is to use empirical methods. This research was carried out in several cities/regencies in South Sulawesi, namely the Regional Supervisory Board and Regional Supervisory Board of South Sulawesi Province and several Notary Offices whose locations are still under the authority of the Regional Supervisory Council. Furthermore, the samples were taken using the Simple Random Sampling method. The types and sources of data needed in this study were divided into two types of data: primary data, secondary data, and tertiary data. Data collection techniques were library research and field research. Data analysis, namely primary data and secondary data in this study were analyzed qualitatively, namely describing and systematically compiling the data obtained from the interview results, to achieve clarity of the issues discussed. Research result : 1) Based on its position, the Central Ethics Council Regulation Number 1 of 2017 comes with the hope that it can be a complement to the Notary Office Law, even though the limit on the number of making deeds per day is not explicitly stated in it, Article 2 of the Central Honors Council Regulation Number 1 of 2017 indirectly still has a thread related to the enforcement of the Notary Office Law, and 2) With regard to the sanctions given to notaries whose deed exceeds the fairness limit, in fact on the ground the Regional Supervisory Council stated that in fact on the ground they had not received information either within the South Sulawesi region or outside South Sulawesi regarding the imposition of sanctions by the Supervisory Council for making more than 20 deed per day.
Co-Authors Aulia Faradiba Tilameo Hustam Husain Jane Elizabeth Priscillia Chendra Marwah Marwati Riza Nurfaidah Said Nurul Inayah Eka Putri Sri Susyanti Nur