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All Journal Syiar Hukum: Jurnal Ilmu Hukum Syntax Literate: Jurnal Ilmiah Indonesia Recital Review Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik JURNAL HUKUM dan KENOTARIATAN Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Adalah: Jurnal Hukum dan Politik Islam LEGAL BRIEF
Mohamad Fajri Mekka Putra
Universitas Indonesia
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Arbitration as A Choice of Forum in Dispute Resolution Regarding Deed of Agreement Novela Christine; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

One of the necessary elements in an international business contract is choice of forum, which arbitration emerged in it. The research purpose is to identify the application of arbitration as choice of forum in a notary deed. The method used in this journal is juridical-normative research. Arbitration clause is necessary in a notary agreement in order that the arbitration will bind the parties. The annulment of the agreement doesn’t result in the arbitration clause being invalid, but severability principle upholds the enforcement of arbitration in a dispute settlement. By choosing arbitration as the choice of forum, the parties are free in selecting the arbitrators, where the arbitration take place, the language used, and the law applied in arbitration. If the clause is not included, the parties could make a deed of compromise or an agreement regarding the acceptance for arbitration in a dispute settlement after the dispute arises.
Liability of Notary/Official Certifier of Title Deeds as Perpetrators of Falsification of Letters and Legal Consequences on The Object of Dependent Rights Guaranteed by Unauthorized Parties (Case Study of Family Land Dispute Nirina Zubir) Winnie Nathalia Wenur; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The case that happened to the family of artist Nirina Zubir is no longer foreign because it has been spread in various mass media in Indonesia. This case is where the problem boils down to the transfer of land rights carried out without rights by an unauthorised party, namely the household assistant of Nirina Zubir's own family. In this case, the involvement of a Notary and Land Deed Officials is actually the key to the success of the transfer of land rights without these rights. This is because the household assistant of Nirina Zubir's family changed the name of the certificate belonging to Nirina Zubir's mother and then carried out various legal actions on it with the help of a Notary and Land Deed Making Officer in their respective positions. The existence of Notaries and Land Deed Making Officials should help create legal certainty for land rights owned by the Indonesian people. However, in this case, the public officials are also the perpetrators of the crime. Not only involving the Notary, Land Deed Officials, and Nirina Zubir's family, but furthermore, this case also involved banking institutions. This is because several certificates belonging to the family of Nirina Zubir, which have been illegally renamed, are then used as collateral for the credit of the household assistant of Nirina Zubir's family, as a party who has no right to carry out such legal actions. Because of the many parties involved, this case becomes very interesting to study from various sides, especially in terms of the accountability of the Notary and Land Deed Making Officials involved, as well as on legal certainty over the existing mortgage object.
The Liability of The Land Deed Official (PPAT) in Terms of The Reading of The Grant Deed when Carried Out by Its Employees and The Lack of Witnesses in The Deed (Case Study of Verdict Number 3/PDT. G/2020/PN BLA) Audita Kandi Putri Maharani; Mohamad Fajri Mekka Putra; Henny Marlina
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Conveyancer (PPAT) has the authority to make an authentic deed regarding the transfer of land rights, one of them is the Grant Deed. In making the deed, Conveyancer must be responsible for what they made because Conveyancer has been appointed directly by the Minister of Agrarian and Land Affairs. The article discusses the legal issues in the Blora District Court Decision Number 3/Pdt.G/2020/PN Bla, namely regarding Conveyancer's responsibilities based on the Grant of a Deed read by his employees and the lack of witnesses in making the Grant Deed. This study uses a normative juridical method by using secondary data sourced from primary, secondary, and tertiary legal materials. The Deed of Grant is an authentic deed that can be used as a perfect evidence. Due to its irrevocable nature and can't be erased, except for certain reasons, it requires accuracy and prudence in the preparation of the deed. Conveyancer is obliged to read out the Deed of Grant before it is signed by the parties and there must be at least 2 (two) witnesses in making the Deed of Grant in accordance with the provisions of Article 22 of Government Regulation Number 37 of 1998 concerning the Regulation of the Position of the Official Making the Land Deed which is currently updated with Government Regulation Number 24 of 2016.
PERLINDUNGAN HAK PEMERINTAH REPUBLIK INDONESIA ATAS PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM YANG GANTI KERUGIANNYA DIKUATKAN OLEH PENGADILAN DENGAN LEWAT BATAS WAKTU Naomi Margaretha; Mohamad Fajri Mekka Putra
Jurnal Hukum dan Kenotariatan Vol 6, No 2 (2022)
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.047 KB) | DOI: 10.33474/hukeno.v6i2.15711

Abstract

 Pedoman bagi Pemerintah Republik Indonesia dalam melaksanakan pengadaan tanah untuk Kepentingan Umum merujuk pada Undang-undang Nomor 2 Tahun 2012 dan peraturan-peraturan terkait termasuk peraturan pelaksananya. Kegiatan pengadaan tanah terus dilakukan untuk memenuhi dan mencapai kemakmuran rakyat dengan memperhatikan segala konsekuensi akibat dilakukannya pengadaan tanah. Salah satu konsekuensinya adalah ganti kerugian bagi pihak yang berhak atas pencabutan hak tanah dalam pengadaan tanah oleh Pemerintah Republik Indonesia. Dalam artikel ini dilakukan analisis dan studi kasus terhadap putusan Mahkamah Agung Nomor 148 K/Pdt/2021 untuk memberikan penjelasan mengenai perlindungan hak Pemerintah Republik Indonesia atas pengadaan tanah bagi pembangunan untuk kepentingan umum yang ganti kerugiannya dikuatkan oleh pengadilan dengan lewat batas waktu. Kata-Kunci: Perlindungan Hak Pemerintah, Pengadaan Tanah, Ganti Kerugian Guidelines for the Government of the Republic of Indonesia in carrying out land acquisition for the public interest refer to Law No. 2 of 2012 and related regulations including implementing regulations. Land acquisition activities continue to be carried out to fulfill and achieve people's prosperity by taking into account all the consequences resulting from land acquisition. One of the consequences is compensation for those entitled to the revocation of land rights in land acquisition by the Government of the Republic of Indonesia. In this article, an analysis and case study is carried out on the decision of the Supreme Court Number 148 K/Pdt/2021 to provide an explanation regarding the protection of the rights of the Government of the Republic of Indonesia on land acquisition for development in the public interest whose compensation is upheld by the court with a time limit.Keywords: Protection of Government Rights, Land Procurement, Compensation
Akibat Hukum Perjanjian Nominee Hak Atas Tanah Berkaitan Dengan Kepemilikan Warga Negara Asing Khairunnisa Khairunnisa; Mohamad Fajri Mekka Putra
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v7i2.2655

Abstract

The purpose of this research is to analyse the legal effect towards foreigner on the proprietary rights over land in Indonesia using nominee agreement. The research method that is used in this research is normative-juridical method with document analysis approach through library research sourced from legislations, books, legal articles, and court’s ruling. As for the analysis method used this research is qualitative which compare written regulation with the reality that happened related to the use of nominee agreement towards proprietary rights over land by foreigner in Indonesia. The result shows that the use of nominee agreement for proprietary rights over land by foreigner is null and void. The legality of  the agreement is dubious because it does not satisfy the requirement for the validity of agreements, that is a legal cause. There is no legal protection towards notary who issued nominee agreement.
Execution of Scriplee Shares Secured in Fiduciary Security Following the Enactment of The Constitutional Court Decision Number 18/PUU-XVII/2019 Sabrina Fauzanazila; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Shares, as one of the securities traded on the Share exchange, can be issued in scripless form and the transaction settlement shall be carried out using book-entry settlement. The ownership of the scripless Share shall be evidenced in an electronic form, i.e. the ownership account at The Indonesia Central Securities Depository (KSEI) as the Depository and Settlement Institution in the  Indonesian Capital Market. As a movable object, shares can be used as debt collateral, one of which mechanism shall use fiduciary security. However, In a fiduciary security system, the control of such collateral remains with the fiduciary grantor. In terms of scripless Share collateral, KSEI will block the pledged shares in KSEI’s account, therefore, the shareholder shall have no longer control over such shares. The position of the fiduciary grantee is prioritized over other creditors due to the executorial power deemed having the same legal force as a legally bound court decision. However, following the enactment of the Constitutional Court Decision Number 18/PUU-XVII/2019 regarding the judicial review of Law No. 42 of 1999 concerning Fiduciary Guarantees, there is a provision that any fiduciary execution cannot be carried out without an agreement among the parties regarding the default by the borrower. The method used in this research is descriptive-analytical using a normative juridical approach bu utilizing secondary data i.e. regulations in capital market, fiduciary security and Constitution Court Judicial Review Decree.
The Force of Law of The Agreement on The Transfer of The Right To Charge Receivables (Cessie) Against The Right of Dependents Marcha Amalia; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

Based on Law no. 4 of 1996 concerning Mortgage on Land and Objects Related to Land stipulates that mortgage rights must be reinforced by the means of an authentic deed in the form of a Mortgage Granting Deed made before Land Deed Officer (PPAT), and registered at the Land Office with a valid Mortgage Certificate issued. This study aims to examine the transfer of the receivable (cessie) in the case of mortgages that are not registered at the Land Office and are not recorded in a land title certificate, as well as legal protection of third parties as buyers in good faith who occupy the subject of mortgage in the process of transfer of  the receivable (cessie). This legal analysis uses a normative juridical method in approaching the relevant provisions of the law. The data collection method used is literature study with qualitative data analysis. The results indicate that the transfer of the receivable (cessie) cannot immediately proceed to the stage of ownership rights transfer and buyers in good faith who have complied with the provisions of SEMA No. 4 of 2016 must first seek additional legal protection of their rights.
Legal Considerations Of Individual Companies As A Choice Of Current Form Of Business Entity (Case Study Of Individual Company R) Naufal Viansa Fadhlurrahman; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

As stated in Article 28D paragraph (2) of the 1945 Constitution which reads that everyone has the right to work and to get an imbalance and fair and proper treatment in work relations. The verse can be used as the basis that everyone has the right to work, Humans themselves as economic beings act as agents who carry out economic actions to meet their needs. One form of meeting these needs is to do business. The purpose of this study is to explain the existence of a new form of business entity, namely an individual company which is a new form of business entity which is a legal entity in accordance with Law Number 11 of 2020 concerning Job Creation (cipta kerja). In this study, I raised the formulation of the problem how the form of individual business entities compared to other business entities at this time. The author takes a sample from the practice of company R. So, the second formulation is How an sole proprietorship company can be the right choice for an sole proprietorship R still has several obstacles in practice, especially the form of business problems, as well as the role of a notary in the formation of a form of business entity. The method used in this research is juridical-normative. The results of this study indicate that an individual company can be the preferred form of business entity for a sole proprietorship R.
The Role of The Notary Code of Ethics and Notary Legislation Against Notaries Who Commit Criminal Acts of Fraud and Embezzlement (Case Study Court Decision Surabaya No 2200/PID.B/2020/PN SBY) Prima Dienta Putra; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study discusses the Surabaya District Court Decision Number 2200/Pid.B/2020/PN SBY to analyze the Notary Code of Ethics role and other laws and regulations against Devi Chrisnawati, who committed fraud and embezzlement of money. Devi Chrisnawati, where Devi Chrisnawati promises the victim a 5% profit if the victim lends money to Devi Chrisnawati. Devi Chrisnawati was then proposed to be dishonorably dismissed by the Central Supervisory Council because Devi Chrisnawati committed fraud and embezzlement while still serving as a Notary in the city of Surabaya. The fraud and embezzlement committed by Devi Chrisnawati have violated Article 6, paragraph (1) of the Notary Code of Ethics.
Legal Protection Against Notaries Due to Interceptors Who Provide False Information in the Minuta of the Deed of Sale and Purchase (Study of High Court Decision Number 99/PID/2020/PT. BDG) Revina Destiani Putri; Mohamad Fajri Mekka Putra
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The notary in carrying out his office has the authority to make authentic deeds by listening to the will of the parties to be contended into a deed. Authentic deeds have the function of being perfect evidence regarding the information and facts contained therein. However, in practice, problems often arise where the presenter gives false information to the notary. This is certainly detrimental to the notary and has a legal impact regarding the proof of authentic deeds made by the notary. The purpose of writing this journal is to analyze the legal protection of notaries who are harmed due to false information provided by the interceptor. The method used in writing scientific journals is normative juridical, namely literature law research by examining literature materials or secondary data.
Co-Authors Ambhara Reyhan Anfeis Annisa Rheinata Suhartono Audita Kandi Putri Maharani Fariz Risang Ahmad Ferisa Nurfauziyah Helen Fransisca Hengky - Henny Marlina Khairunnisa Khairunnisa Mahaputeri Wisnuhardjo Marcha Amalia Nadya Novany Naomi Margaretha Naufal Viansa Fadhlurrahman Novela Christine Okta Auliazahara Prima Dienta Putra Revina Destiani Putri Sabrina Fauzanazila Winnie Nathalia Wenur Yehezkiel Caestama Sinaga