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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesian Notary
Tri Hayati
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Change From Law Number 4 Year 2009 to Law Number 3 Year 2020 in Environmental Obligations and Good Mining Shan Riwanto Utomo; Tri Hayati
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5269

Abstract

Mining is an important thing for the world, which cannot be separated from the environment that is the object in it. In the amendments to the new law, namely Law Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, there are regulations regarding environmental obligations and good mining principles. The number of mining companies that do not carry out reclamation has attracted the attention of many parties. The distribution of the authority of the central and local governments is also unstructured with many local governments' powers being amputated by the central government. The scope of the research is environmental problems such as reclamation studies, post-mining and good mining rules regarding the change from Law 4/2009 to Law 3/2020 and ineffective supervision in the implementation of Mining Business activities. The approach taken is using a normative juridical method based on an analysis of normative law. The distribution of authority related to supervision should be shared with the local government so that good mining rules can be perfectly realized. In implementing good mining rules, the government as the issuer of Mining Business Permits should be able to involve the community around the mine more because the role of the community around the mine is also necessary to maintain the ecosystem and environmental sustainability. Environmental responsibility must be increased where the role of mining corporations should not be reduced by choosing only reclamation or post-mining activities.
The Notary Responsibility for the Development of Dedies that Contains False Data in the Agreement Cindy Daniela Lamandasa; Tri Hayati
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4021

Abstract

Notary deed as authentic becomes the strongest and most complete evidence, and has an important role in every legal relationship in people's lives. Therefore, the existence of a notary deed is expected to provide legal certainty and legal protection for the community. However, in practice, it was later discovered that the deed made by a notary contained false data provided by the parties in the deed. Thus, the purpose of writing this scientific article is to analyze how the notary's responsibility is in making a deed with false data and the legal consequences of a deed containing false data. This research is classified as a normative research type supported by secondary data whose data collection is carried out by the library research method and the data obtained from the research results are processed by qualitative methods. The results of this study indicate that if the Notary has fulfilled all the provisions in making a Notary deed correctly, then the Notary deed made based on false data, the Notary cannot be held legally responsible. However, Notaries still need to be careful and uphold the code of ethics of the Notary profession in carrying out their duties and positions. Furthermore, the deed made by a Notary containing falsified data due to the party's error resulted in the deed being null and void.
Co-Authors Cindy Daniela Lamandasa Cut Priska Putri Handika Facharain, Ady Surya Muhammad Abdoel Abdoel Paulus Soelistyo Shan Riwanto Utomo Winanto Wiryomartani