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

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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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.907 KB) | DOI: 10.22225/jn.5.1.1726.39-48

Abstract

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

Abstract

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.
Co-Authors I Gede Cahya Widiangga I Made Nova Wibawa I Made Suwitra 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