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All Journal Jurnal Notariil Public Inspiration : Jurnal Administrasi Publik WICAKSANA: Jurnal Lingkungan dan Pembangunan Jurnal Hukum Prasada Jurnal Aplikasi dan Inovasi Iptek (JASINTEK) Jurnal Konstruksi Hukum Aptekmas : Jurnal Pengabdian Kepada Masyarakat Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Lex Publica Community Services Journal (CSJ)
I Wayan Wesna Astara
Faculty Of Law, Universitas Warmadewa
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Journal : Jurnal Notariil

 1 
JURIDICAL IMPLICATIONS OF THE SUPREME COURT'S DECISION NUMBER: 121 K/TUN/2017 ON DISCLOSURE OF DATA INFORMATION OF THE HOLDER RIGHT TO CULTIVATE I Gede Cahya Widiangga; I Wayan Wesna Astara; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 1 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.1.2022.39-45

Abstract

The legal construction of Articles 187 and 191 of the Minister of Agrarian Affairs Number 3 of 1997 and Article 12 paragraph (4) letter i of the Perka BPN excludes HGU documents as documents that are not accessible to the public and can only be given to government agencies.This study aims to examine regulation of information transparency on the data of the holder of the Right to Cultivate and to examine the legal consequences of not implementing the Supreme Court's Decision Number: 121 K/TUN/2017 by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) which has permanent legal force. This study uses a normative juridical method according to the applicable law. The results of this study revealed that Transparency of information on data on holders of the Right to Cultivate refers to Article 2 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration (hereinafter referred to as PP No. 24 of 1997) which stipulates that public information is open and accessible to every user of public information. The Right to Cultivate Documents are not exempt under Article 17 letters b and h of the KIP Law. Furthermore, the legal consequences of not implementing the Supreme Court's decision Number: 121 K/TUN/2017, namely the cassation respondent may be subject to administrative sanctions in accordance with Article 116 of the Administrative Court Law and criminal sanctions in accordance with Article 52 of the KIP Law.
POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF NOTARY POSITION I Made Pria Dharsana; I Nyoman Sumardika; Putu Ayu Sriasih Wesna; I Wayan Wesna Astara
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.112-120

Abstract

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.
OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI Ida Bagus Dalem Try Utama Manuaba; I Wayan Wesna Astara; Ida Bagus Agung Putra Santika
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.46-54

Abstract

This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken.
Co-Authors A. A. Gede Oka Wisnumurti A.A. Sagung Laksmi Dewi A.A.Gde Oka Wisnumurti A.A.Gede Oka Wisnumurti Dessy Lina Oktaviani Suendra Dian Tariningsih Dian Tariningsih I Gede Cahya Widiangga I Gusti Bagus Suryawan I Ketut Irianto I Ketut Irianto I Made Aditya Mantara Putra I Made Arjaya I Made Mardika I Made Minggu Widyantara I Made Pria Dharsana, I Made Pria I Made Suniasta Amertha I Made Suwitra I Made Suwitra I Nyoman Alit Puspadma I Nyoman Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sumardika I Nyoman Sutapa I Putu Gede Seputra I Wayan Arthanaya I Wayan Parwata I Wayan Rideng Ida Bagus Agung Putra Santika Ida Bagus Dalem Try Utama Manuaba Ida Bagus Nyoman Trisya Andika Johannes Ibrahim Kosasih Komang Tri Putri Andriastuti Lilik Antarini Luh Kade Datrini Luh Kadek Budi Martini Luh Made Mahendrawati Mulyawati, Kade Richa Ni Komang Ayu Febriyanti Ni Luh Made Mahendra Wati Ni Putu Diah Kurniawandari Ni Putu Santya Dewi Ni Wayan Arni Sardi Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Ngurah Suyatna Yasa Putu Suryani . Simon Nahak widia, ketut Widiati, Ida Ayu Putu Yohanes I Wayan Suryadi