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All Journal Jurnal Akta Sociological Jurisprudence Journal Jurnal Notariil JURNAL HUKUM PRASADA Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH) Journal Research of Social Science, Economics, and Management

I Nyoman Alit Puspadma

Faculty Of Law, Universitas Warmadewa

Author-ID : 3409706

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 9 Documents Claim Missing Document

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Articles

Pelaksanaan Perubahan Hak Guna Bangunan yang Dibebani Hak Tanggungan Menjadi Hak Milik Untuk Rumah Tinggal Komang Adhi Kresna Purnama; I Nyoman Alit Puspadma; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

This study aims to analyze the implementation of changes in building use rights that are encumbered with mortgages to property rights for households and to explain legal protection for creditors whose objects of collateral have been encumbered with Mortgage Rights are requested to change from Building Use Rights to Property Rights. The research method used in this research is normative legal research with a statute approach and a case approach. Data sources are primary and secondary legal materials which are analyzed qualitatively. Data processing is carried out by describing and describing all legal materials as a result of document studies and interviews enhanced by literature study and study of applicable provisions. The results of this study indicate that the implementation of changes in building use rights to property rights in the Land Office is processed in accordance with the provisions of the Regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency Number 5 of 1998 concerning Changes in Building Use Rights or Right to Use Land for Residential Land with Mortgage Rights become Property Rights. These changes can be made at the request of the right holder with written approval from the holder of the Mortgage along with a Certificate of Mortgage at the Land Office where the object of the Mortgage is located and for the implementation of changes in building use rights that are still burdened with the Mortgage Right to Ownership Rights have legal consequences that the Mortgage Rights the person concerned becomes erased (void) as stated in the provisions of article 18 paragraph (1) letter d of the UUHT but does not cause the guaranteed debt to be written off.

Kedudukan Notaris dalam Pembuatan Akta terhadap Rapat Umum Pemegang Saham yang Diadakan melalui Media Telekonferensi I Made Nova Wibawa; I Nyoman Alit Puspadma; Ida Ayu Putu Widiati
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

The Law No 40 of 2007 concerning PT (Limited Liability Company) regulates what can be done through teleconferencing media regulated in Article 77 paragraph (1) of Company Law so as to allow shareholders to conduct a GMS without having to meet in person and be in one place but can be held by teleconference which allows shareholders to see each other and interact actively in meetings The results of the minutes of the GMS held by the PT are not required to be written in the form of an authentic deed meaning that the PT can determine the agreement of the shareholders whether it will be written into an authentic deed or an underhand deed The minutes of the GMS by teleconference which are applied to the authentic deed by the Notary lose their authenticity because the Notary does not act according to the provisions in Article 16 paragraph (1) letter m UUJN-P which requires the physical presence of the parties in the process of drafting an authentic deed so that the power of proof of the deed under the hand as a result of an act that is not in accordance with Article 16 paragraph (1) letter m.

HAK TANGGUNGAN ATAS HAK GUNA BANGUNAN DI ATAS TANAH HAK MILIK I Wayan Suka Antara Yasa; I Made Suwitra; I Nyoman Alit Puspadma
Jurnal Hukum Prasada Vol. 4 No. 2 (2017): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Abstract Based on Government Regulation No. 40 of 1996 concerning the rights of cultivation, the rights of building and the rights of use, it's known about the granting of the building rights on the land of ownership rights, use a deed of issued by the PPAT. But in practice at the city of Denpasar, preceded by deed of agreement and deed of authority of issued by Notary Public. In this case, the problems arise of the how about the legal certainty, the legal enforceability, the legal protection and the usefulness of the law. And then how about the legal protection to the ownership holder when the building rights used as collateral of mortgage rights. The research was conducted empirically with the statute approach, case and analytic approach. Data are obtained from primary and secondary data with documentary studies and interviews. And then, the data analitical uses a qualitative analysis. Based on the results of the study, conclusions obtained the deed of agreement and the deed of authority in a granting of a building rights on the land of ownership rights in the city of Denpasar has fulfilled the aspects of legal certainty, to be effective in the people community for the benefit and legal protection both for ownership rights holders and building rights holders. Besides that, the study also conclude that the ownership holders lack of preventive legal protection, but it, at the refresif legal protection, the ownership rights holders have been protected legally if the building rights on the land of his ownership rights burdened with mortgage rights. Keyword : Ownership Rights, Building Rights, Mortgage Rights

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

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.

Non-Performing Loan and How to Solve It I Nyoman Alit Puspadma
Sociological Jurisprudence Journal Vol. 4 No. 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.4.2.2021.145-152

Credit delivery by the bank requires the debtor to pay the obligations that have been scheduled in the credit agreement, but it will not always work well, sometimes because of something and other things there are also debtors who can not fulfill the obligations that have been promised so that credit problems occur. Non-performing loans also cause problems for banks, because they can make banks collapse. Thus the question arises, how to avoid the occurrence of problem loans and if it occurs, how is the solution?.

NOTARY RESPONSIBILITIES ON THE MAKING OF DEED WITH DOUBLE NUMBER I Wayan Erik Pratama Putra; Luh Putu Sudini; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

The objective of this research to reveal (1) the responsibility of a notary for the drafting of a double number and (2) the legal consequences if a double number occurs in a notarial deed. The types of this research is normative legal research. The research results indicated that (1) The notary's responsibility for making a notarial deed with a double number must be accounted for administratively. The existence of a double number on the notary deed indicates that the notary has been inadvertently applied in making an authentic deed. In every legal action that implies the use of authority, it implies an obligation of accountability. Thus, a notary who makes a notarial deed with a double number requires the notary to be administratively responsible, remembering that the negligence made by a notary is an administrative error; and (2) The legal consequences in the event of a double number in a notary deed do not cause any consequences if no party feels disadvantaged by the existence of this double number. All that is left is for the notary to publish the minutes of changing the deed number and notify parties such as the parties, the Ministry of Law and Human Rights and the local Land Office if the double-numbered deed is related to land rights. However, if the double numbered deed brings harm to another party, then the party who feels disadvantaged can sue the notary.

NOTARY LEGALITY AS AN AUTHENTIC DICTION IN TERMS OF PHYSICALLY DISABLED BASED ON LAW OF POSITION NOTARY Ida Ayu Ratna Kumala; Ni Luh Made Mahendrawati; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3608.53-57

An authentic deed can be perfect proof that must be signed by the parties. It becomes a problem when one or all of those who are obliged to sign or put fingerprints, but have a total disability of the hand or fingers (physically disabled) so that the person concerned is not able to sign or fingerprint. There is a norm in relation to a person with disabilities to make a deed before a notary. The purpose of this study is to find out the procedure for ratifying a notary deed in terms of hearing-impaired persons and the legal strength of a notary deed in terms of disabled persons. This study uses normative legal methods. The results of this study indicated that the stipulation of Article 44 of UUJNP makes it possible for persons with disabilities not to sign the deed, then at the end of the deed it is explained about a situation where the applicant is unable to sign the deed and therefore uses other forms of endorsement by writing by mouth and affidavit. The deed made by the person with disabilities is an authentic deed because the provisions of Article 44 UUJNP can be a substitute for signatures, so the notary deed made by persons with disabilities can function as evidence and are equipped with an affidavit. There is a need for a written rule that states clearly about the procedures for dealing with persons with disabilities in making a deed for the use of affidavit.

Arrangement of Agricultural Land Production Sharing Agreements in the Development of Environmentally Friendly Agrotourism Ni Putu Dewi Susilawati; Putu Ayu Sriasih Wesna; I Nyoman Alit Puspadma
Journal Research of Social Science, Economics, and Management Vol. 1 No. 8 (2022): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

One model of tourism development that is in line with alternative tourism is community-based tourism as a pattern that is believed to provide economic benefits and equity, environmental preservation, local culture preservation, social empowerment, community empowerment. Community-based tourism is a tourism development with a high level of local community involvement and can be accounted for from the socio-cultural and environmental aspects. So far, there are no clear rules that explicitly regulate the arrangement of profit sharing, especially in the field of agro-tourism. According to Article 1320 of the KUHPerdata, an agreement is valid if it meets the following four conditions: Agree of those who bind themselves, The ability to make an engagement, a certain thing, a lawful cause—referring to the Legal Principles of Agreement as contained in the KUHPerdata (KUHPerdata), namely Personality Principles (Article 1315 jo 1340 KUHPerdata), Consensualotas Principles (Article 1320 KUHPerdata), Freedom of Contract Principles (Article 1338 paragraph (1) KUHPerdata). In the current reformation era, the legal development strategy is directed towards responsive law characterized by the large role of judicial institutions and the broad participation of social groups or the participation of individuals in society to determine the direction of legal development, resulting in the formation of clear legislation. Furthermore, provide legal certainty in making agreements for agricultural land products related to agro-tourism with environmental insight.

Legal Protection and Legal Certainty in Indonesia’s Land Title Registration System Anak Agung Istri Agung; I Nyoman Sukandia; I Nyoman Alit Puspadma; Yuliia Chornous
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.35387

This research aims to scrutinize challenges in Indonesia’s land title registration system, focusing on legal protection and certainty for land title holders, particularly when titles are acquired through binding agreements. Emphasis is placed on publicity principle, exploring its role in ensuring transparent access to information about land titles. The normative legal research method, employing a normative juridical approach, involves a thorough examination of legal materials, including theories, concepts, and legislation such as Regulation Number 16 of 2021, Government Regulation Number 24 of 1997, and Government Regulation of the Republic of Indonesia Number 18 of 2021. Results highlight a significant gap between land title deeds based on agreements and the necessity for proper registration to guarantee legal protection. Failure to register undermines the “opernbaarheid” principle, turning agreements into private arrangements. Addressing this gap is crucial for establishing a transparent land title registration system, ensuring uniform legal protection for all holders, and reducing potential disputes. The implications of this research extend to policymakers, legal practitioners, and stakeholders, offering insights to enhance the transparency and effectiveness of Indonesia’s land administration. Policymakers can leverage these findings to refine regulations, aligning the system with principles of openness and accessibility, fostering a fair land tenure system, and supporting sustainable development.

Co-Authors Anak Agung Istri Agung I Gede Cahya Widiangga I Made Nova Wibawa I Made Suwitra I Nyoman Sukandia I Wayan Erik Pratama Putra I Wayan Suka Antara Yasa I Wayan Wesna Astara Ida Ayu Ratna Kumala Komang Adhi Kresna Purnama Luh Made Mahendrawati Luh Putu Sudini Ni Gusti Ketut Sri Astiti Ni Putu Dewi Susilawati Putu Ayu Sriasih Wesna Widiati, Ida Ayu Putu Yuliia Chornous

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