Garuda - Garba Rujukan Digital

I Nyoman Sumardika

Univesitas Warmadewa

Author-ID : 3409476

Law, Crime, Criminology & Criminal Justice Social Sciences

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Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali I Komang Gede Suwanjaya; I Nyoman Sumardika; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling.

Penetapan Honorarium Notaris dalam Praktik Pelaksanaan Jabatan Notaris I Ketut Adi Gunawan; I Nyoman Sumardika; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Law on Notary Position (hereafter called UUJN) states the honorarium, but in practice, it has certain limits. The uncertainty of honoraria can lead to misunderstanding between the notary and the client. This research was conducted with the aim of revealing whether the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of the UUJN and whether a notary can provide legal services in connotarial matters to underprivileged people. This research was designed using juridical-empirical research methods. The results of this study indicated that the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of UUJN as stipulated in article 36. All public officials who have agreed on the arrangement of the honorarium state that they must have a sense of binding and the existence of coercive power which is adjusted to the provisions in UUJN. In addition, a notary can provide legal services in the field of connotarization to underprivileged people based on a notary's morality and integrity. This is supported by Article 37 of the UUJN which states that notaries are required to provide services free of charge to people who cannot afford it.

Wewenang Notaris dalam Pembuatan Akta Notaril terhadap Tanah Hak Guna Bangunan di atas Tanah Hak Milik untuk Pembangunan Hotel Anak Agung Made Wahyu Purwanta; I Nyoman Sumardika; Ni Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The building right can be given on land with ownership rights and the granting of rights to build on land with ownership rights is made with the deed of the official land deed maker (hereinafter referred to as the PPAT Deed) instead of the deed made before a Notary (hereinafter referred to as the Notary Deed), where the Deed The PPAT will be registered at the land office. A notary in the view of society is considered an official, a place for someone to obtain reliable legal advice, a place for making strong legal documents in a legal process that will be carried out, especially in making a deed of agreement for hotel development. This study aims to determine the authority of the notary in making a notarial deed of land use rights on land for hotel development, second, how is the existence of a notarial deed in granting building use rights over land of ownership for hotel construction. The type of this research is normative legal research, data sources based on primary legal materials, secondary legal materials and tertiary legal materials. The approach used in this research is a statutory approach. The technique of collecting legal data is literature study. The results in the research are the task of the notary office is to formulate the wishes or actions of the parties into an authentic deed, so that to carry out its duties a notary must adhere to the applicable regulations, secondly the existence of a notary deed in granting development rights over land of ownership rights for hotel development, the existence of a notary deed in granting the right to build on land owned for hotel construction has a positive character because there are very important requirements, namely an evidence of ownership of land, as well as the building on it in a formal or written form of a certificate

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