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Nurwidiatmo N
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Kepastian Hukum Atas Penyelesaian Sengketa Tanah Bekas Milik Adat (Sunda Wiwitan Adat Karuhun Urang) yang Diwariskan Secara Individu Tuti Andriani; Anriz N. Halim; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.175

Abstract

A life habit of people who are there to customary land are in a group of people and their utilization is regulated by the leaders of the group, then the joint rights are called ulayat land or beshickking recht ulayat land in the Adat Karuhun Urang (AKUR)  Sunda Wiwitan Cigugur customary community is not doing well. The Sunda Wiwitan Cigugur AKUR community faces the possibility of expanding capital which can rob them of their customary land. In addition, it is also known that communal land in the AKUR Sunda Wiwitan Cigugur community can be owned by individuals and can be sold to buyers who are not actually members of the Sunda Wiur community of Wiwitan Cigugur. The method used in this study is sociological normative legal research. For data analysis, it is used with normative juridical analysis method. The author draws conclusions legal certainty by alternative / non-litigation resolution in the event of a conflict or dispute must heed legal principles and must pay attention to the principle of prosperity then the principle of security order and humanitarian principles among the community with the issue of indigenous peoples sunda wiwitan customary land AKUR in Cigugur Kuningan district. The party uses land for the benefit of the government or foreign parties.
Perlindungan Hukum Terhadap Penerima Gadai Atas Harta Pusako Tinggi yang Dijadikan Jaminan Debi Riska; Ahmad Muliadi; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.180

Abstract

High Pusako itself is a treasure obtained from the results of hard work or ancestors in ancient times by mutual cooperation, not assets obtained from grandmother and parents Artati Surya, Cs during his life, so based on customary rules in Minangkabau inheritance it should not be pawned if it is not important, the high property of Pusako must remain intact, because the high property of Pusako will never increase, the existence of these assets to symbolize a people is high pusako. The method used for this research is the normative juridical method. The results of the study To pawn in Bukit Tinggi there are four factors (conditions), namely: Bodies lying in the house, the old girl who is not married, the house is absent, helps the people in distress. Especially in Bukit Tinggi, pawning was found without fulfilling the four factors, because the pledges carried out in general are for education and other needs. and the guarantee of the legal protection of the pawning recipient can be seen in the customary regulations in Minangkabau that high Pusako assets will not be diverted to any party who is not a recipient or heir of high Pusako property so that if someone controls the high property of Pusako because of a pawn they only being able to use the land from the high Pusako property does not make the high propertyof Pusako a permanent ownership.
Tanggung Jawab Notaris Terhadap Perjanjian Pengikatan Jual Beli Saham Akibat Peralihan Saham Tanpa Rapat Umum Pemegang Saham Weni Mariati; Maryano M.; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.173

Abstract

Each shareholder can indicate his concerns through the General Meeting of Shareholders, as the highest forum in a limited liability company which is having undivided power. Shareholders will have voting rights proportional to the amount of capital (shares) invested, then sale and purchase of shares transaction must comply with the provisions of articles of association of a limited liability company, and the applicable laws specifically regulated regarding sale and purchase of shares agreements. In the Decision Number 259/Pdt.G/2017/PN.Jkt.Sel, has been stated the transfer of shares without the through the General Meeting of Shareholders. The method used in this study is a normative and empirical juridical research method. Data analysis has been using a qualitative juridical analysis. As the results of the study, it can be stated that the actions taken by one of the company's shareholder, specifically by making a transfer of shares without the Annual General Meeting of Shareholders and without an Extraordinary General Meeting of Shareholders is allowed, because of the rules regarding the use of Circular Resolution of Shareholders. A Notary has the authority and is given responsibility to assist the community in order to make a proper agreement in accordance with the applicable laws and regulations, so that the Notary can warrant the legal standing for the parties involved in making the agreement
Tanggung Jawab Notaris Terhadap Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas yang Tidak Memenuhi Syarat Nunny Nurul Ariani; Taqiyuddin Kadir; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.178

Abstract

The creation of the GMS minutes in the form of a Notary deed called the Declaration of Resolution (PKR Deed) as an authentic deed, which is more intended to make it as a strong and absolute evidence, binding evidentiary power and as a perfect evidence so that there is no need to prove it with other evidences as long as the untruth cannot be proven. Notary deed is the main evidence in writing so that it becomes evidence in the court who had a very important position. The method used in this research is empirical legal research. Results of the research, in the making of PKR Deed, Notary is only responsible for the formal truth of the deed he made, not material truth. Basically, if formally what the Notary has done is in accordance with the procedure as stipulated in the law, the Notary must be very strong in its legal position in the sense that it has fulfilled the formal truth requirement which is its responsibility and in accordance with its authority. However, in the event that Notary commits an unlawful act in making a PKR Deed which not meet requirements as set out in regulations, then Notary must take responsibility associated with authentic deed he made
Pembagian Harta Bersama Dalam Perceraian Suku Batak Toba Yang Menganut Kepercayaan Parmalim Verlyta Swislyn; Udin Narsudin; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.174

Abstract

In the Batak Toba tribe which impressed traditional, it has stronger and more strict rules of customs in terms of the distribution of shared assets. Before the emergence of Batak Toba which embraced Christianity, the belief of Parmalim, Parmalim was a spiritual movement to maintain ancient customs and beliefs that were threatened due to the new religion brought by the Dutch. The Batak Toba have a very strong regulation in terms of divorce, almost in Batak Toba households do not know of divorce, but when there is a divorce in the Batak Toba tribe that still adheres to the belief of Parmalim, it is very interesting to study further about the marriage carried out in customs until the divorce was carried out in accordance with the rules of the Batak Toba customs which had the trust of Parmalim up to the distribution of joint assets carried out in a customary manner. The method used in this study is normative juridical supported by empirical jurisdiction. The results of the research, it can be obtained how the sharing of joint assets due to divorce in the Batak Toba tribe which adheres to the belief of Parmalim, disputes regarding joint assets, the resolution of disputes through the customary elders deliberation and the results of deliberation are the applicable laws, as well as factors faced in the distribution of together assets there are internal and external factors
Co-Authors Ahmad Muliadi Anriz N. Halim Debi Riska Maryano, . Narsudin, Udin Nunny Nurul Ariani Taqiyuddin Kadir Tuti Andriani Verlyta Swislyn Weni Mariati