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Ni Gusti Ketut Sri Astiti
Univesitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak I Komang Edy Susanto; Ida Ayu Putu Widiati; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2545.379-383

Abstract

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.
Tanggung Jawab Notaris terhadap Akta Otentik yang Dibuatnya Terkait Jangka Waktu Pensiun I Gusti Ayu Ria Rahmawati; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2555.329-333

Abstract

An authentic deed is a letter whose form has been determined by law that can be used as perfect evidence made before a notary public. The notary concerned must take full responsibility in case of problems related to the deed he made, whether in Civil, Criminal, UUJN and Code of Ethics. The notary will be released from all of these responsibilities if he has retired from his position. This study aims to determine the responsibility of the notary for authentic deeds that are canceled in court and made after the retirement period. The research method used is normative law using a statutory approach and a conceptual approach. The results of the analysis show that the notary's responsibility for the authentic deed he makes when declared canceled in court can be divided into 4, namely a) civil liability, b) criminal responsibility, c) responsibility based on UUJN d) Responsibility based on the Code of Ethics. Then, the notary is still responsible even though the notary's term of office has ended or has retired. This can be carried out by the authorities as long as the authentic deed is null and void in existence at a grace period of 30 years from the date the deed is drawn up by the Notary. Through this research, it is hoped that the provisions regarding the responsibility of the notary public after retirement will be more defined regarding the maximum limit so as not to cause problems for both the notary and the party concerned
Perlindungan Konsumen atas Penjualan Produk Pakaian Obral Tanpa Informasi yang Lengkap Melalui Media Online pada Masa Pandemi Covid-19 I Kadek Bagiasa; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4414.172-177

Abstract

The existence of affordable products, on the one hand, is useful for the parties, but there are hidden conditions related to trade in goods marketed at very low prices that are not really beneficial to consumers. The purposes of this study are to reveal the protection of consumers who are harmed by not providing complete information about clothing products on sale through online media and the responsibility of business actors for consumer losses who receive incomplete information. This type of research uses a normative legal research type. Normative legal research with a statutory approach. Sources of legal materials used are primary and secondary legal sources. In order to collect primary and secondary legal materials using an inventory technique and presented in a descriptive form. The results of the study reveal that the provision of consumer legal protection for incomplete information on goods can be divided into preventive legal protection and also repressive legal protection. The responsibility of the seller of the goods to compensate for the loss, whether in the form of a refund, exchange of the same goods or having a comparable nominal. The compensation must be carried out within seven days of the transaction being executed. If it is found at a later date that there is more evidence of wrongdoing regarding the loss suffered by the consumer, so that the compensation paid by the seller of the goods does not rule out the possibility of criminal prosecution. However, the seller of the goods may be relieved of the responsibility to provide such compensation.
Akibat Hukum Perjanjian Hutang Piutang dengan Persyaratan Dokumen Palsu (Studi Kasus Pengadilan Negeri Denpasar) Putu Dila Parmila; I Nyoman Putu Budiartha; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.2.2458.169-174

Abstract

Corruption has become an extraordinary crime, because its existence greatly affects economic growth in Indonesia. There are many factors that influence the criminal acts of corruption to occur; usually because the perpetrator has the authority so it is very easy to carry out the action. There are many ways to carry out this corruption, one of which is by falsifying documents that are used as conditions for conducting debt-receivables agreements. The objects that this research examines are the legal consequences of the accounts payable agreement with the requirements for false documents and the factors of the occurrence of the accounts payable agreement with false document requirements and settlement flow. The method used to examine these two issues is the normative legal research method. Based on the results of data analysis, it was found that: disbursement of funds resulting from falsification of data or documents indicated that the defendant would not be convicted of the forgery article, but was charged with committing a criminal act of corruption because the result of his action was loss of state assets; The main factor affecting the occurrence of a criminal act of corruption is the bad faith of the defendant himself and also from the factor of authority he is being granted, so that he can make use of the opportunity to carry out his actions.
Kekuatan Hukum Akta Kelahiran Anak Luar Kawin Dewa Ayu Gita Trisna Dewi; Desak Gde Dwi Arini; Ni Gusti Ketut Sri Astiti
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.2.3.4126.496-500

Abstract

Indonesia is a legal state with the concept of an Indonesian legal state where law is an idealized goal together in the dynamics of state life. So in living life, humans have the right to marry and continue a legal marriage and the goal is to continue the offspring. However, not all children are born from legal marriages. These unlucky children are known by law as illegitimate children. The purpose of this study is to analyze the regulation of children out of wedlock according to the Civil Code and customary law and the legal force of birth certificates for children out of wedlock. This type of research is normative legal research with a conceptual approach. Legal sources are secondary, primary and tertiary sources of law which are then analyzed systematically. The results of the study revealed that the regulation of children out of wedlock was regulated through written and unwritten awig-awig because awig-awig was a guide for traditional villages in running their government. The child's acknowledgment can be stated in a Notary Deed or in a Birth Certificate or a Deed made by a civil registry official or it is also possible with the marriage certificate itself. Because, birth certificates are very important for children because it is a form of state recognition regarding the citizenship status, civil status of the child.
Co-Authors Desak Gde Dwi Arini Dewa Ayu Gita Trisna Dewi I Gusti Ayu Ria Rahmawati I Kadek Bagiasa I Komang Edy Susanto Parmila, I Putu Putu Budiartha, I Nyoman Widiati, Ida Ayu Putu