Ni Ketut Sri Astiti
Univesitas Warmadewa

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Tanggung Jawab Notaris terhadap Pembuatan Akta Otentik yang Didasari Surat Palsu I Made Dwi Sanjaya; Ida Ayu Putu Widiati; Ni 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 | Full PDF (174.247 KB) | DOI: 10.22225/jkh.2.1.2566.300-304

Abstract

This study aims to determine the factors that lead to the making of authentic deeds based on fake letters by notaries and to find out the legal consequences for notaries related to making authentic deeds based on fake letters. This research uses the normative law research method. The results showed that an authentic deed based on a fake letter was a deed made illegally in front of the authorized public official, so that it looks like the original. Then, the factor that caused the making of an authentic deed based on a fake letter was the notary's ignorance that the letter made was fake. The perpetrator did not have good faith in making the authentic deed. Therefore, as a consequence to a Notary who is proven to have cooperated in making an authentic Deed based on a false letter, the deed made by the Notary will have proof of the deed under hand and will be null and void, and the notary may be subject to criminal penalties under the provisions of the article 263 and 266 Criminal Code
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.893 KB) | DOI: 10.22225/jkh.2.1.2594.251-254

Abstract

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