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CLASH BETWEEN TWO RESIDENTS IN PROBOLINGGO DUE TO THE ACTUAL LAND RIGHT HOLDER DISPUTE Amajida Firdauz Putri; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.039 KB) | DOI: 10.56301/awl.v5i1.536

Abstract

This study aims to evaluate the reliability of land title evidence, including tax stakes and land certificates, both of which are issued by authorized institutions in good faith to individuals, corporations, or other legal entities. The most typical way to acquire land rights is through transferring rights, though there are other ways. However, disagreements over the actual owners of the rights develop as a result of changing times and laws. Since two owners acknowledge that one of them is the valid owner of the land, there is a disagreement between 2 (two) residents in this writing. While the other party has a certificate obtained through the buying and selling process, one of the parties has evidence in the form of an Excerpt Letter C Book. Both are accepted as valid proof for land ownership. However, more investigation is required to determine how strong each proof is and how land rights are acquired and transferred.
ANALYSIS OF THE IMPACT OF THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 2/PUU-XIX/2021 ON FIDUCIARY GUARANTEE IN BATAM Jauza Tsania Herdin; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.074 KB) | DOI: 10.56301/awl.v5i1.537

Abstract

This study aims to determine and analyze the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam and to determine and analyze the impact of these decisions on the legal certainty of fiduciary guarantee certificates. This research is anormative-empirical research. Normative-empirical research combines library research and field research. This research is descriptive. Data was collected using literature studies and field studies. Analysis of the data used in this study is to use qualitative methods. The results showed that the execution of fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021 in Batam was carried out in accordance with Article 29 paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees. However, the determination of the debtor's breach of contract must be carried out with legal remedies, namely filing a lawsuit for default if the debtor does not provide an agreement on breach of contract and does not voluntarily submit the object of fiduciary security. The legal certainty of the fiduciary guarantee certificate of validity is reduced due to the implementation of self-execution (parate executie) by the creditor can only be carried out if the debtor agrees that he has breached his contract and submits the object of fiduciary security voluntarily.
MARRIAGE CANCELLATION BECAUSE OF HUSBAND'S MISUNDERSTANDING ABOUT HIS WIFE (Decision Number: 700/Pdt.G/2020/PN.Mdn) Sevania Abigael Naibaho; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.652 KB) | DOI: 10.56301/awl.v5i1.542

Abstract

This study aims to analyze the considerations of the State Court judges in annulling a marriage due to the husband's misunderstanding about his wife in Decision Number: 700/Pdt.G/2020/PN.Mdn and the legal implications of canceling a marriage due to the husband's misunderstanding about his wife. The research approach used is normative juridical law research or library research, with descriptive research type. The data analysis method used is qualitative. The results of this study indicate that the consideration of the District Court judge who granted the marriage annulment suit in the Medan District Court Decision Number: 700/ Pdt.G/2020/PN.Mdn was that the Petitioner wanted to marry the Respondent because among the Petitioners saw the quality of Education of the Respondent who claimed to be studying S1 and S2 at the University of Indonesia, and the profession of the Respondent who claims to work as a lawyer at the MAKES & Partners Law office. However, after the Petitioner married the Respondent, it turned out that the Respondent's confession did not match the truth, namely that the Respondent was proven to have studied S1 at Bung Karno University, and the Respondent had only worked at MNCTV for 1 (one) year. Because it has been proven that there has been a misunderstanding of the Petitioner against the Petitioner as described above, according to the Assembly, the Petitioner can prove the truth of the arguments of his application so that the Petitioner's application to annul his marriage is granted. The legal implication for the annulment of marriage due to a misunderstanding of the Petitioner (husband) against the Respondent (wife) is that the termination of the legal relationship between husband and wife results in the end of the household that has been formed, so that everything that was originally legal will become invalid after the court's decision. there is a court decision that grants the request for annulment of the marriage.
NOTARY ROLE IN ONLINE REGISTRATION IMPLEMENTATION OF FIDUCIARY GUARANTEE ON CREDIT AGREEMENTS Zerlina Jihan Deavinsa; Mohamad Fajri Mekka Putra
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.444 KB) | DOI: 10.56301/awl.v5i1.545

Abstract

This study aims to determine the Notary's role toward creditors in the online registration of the Fiduciary Guarantee Deed and the Notary's responsibility if there is an error in the online registration of the Fiduciary Guarantee Deed. Empirical legal research is conducted in this study using a descriptive design that includes field and library research, utilizing a qualitative data analysis approach. The findings of this study suggest that notary play a significant role in people's lives, particularly when creating authentic deeds following statutory requirements. A notary is authorized by the Law on Notary Positions to create an authentic deed to provide legal protection and certainty. A notary's role is crucial in everyday transactions involving agreements, including those involving fiduciary guarantees. A notary's duties in the online registration of a fiduciary guarantee include creating the fiduciary guarantee deed and acting as the fiduciary recipient, or the person who accepts the creditor's power of attorney to register the fiduciary guarantee. The online Fiduciary Guarantee registration process is connected to 3 (three) different types of notary liability. Given their significant role in the online registration of fiduciary guarantees, notary must follow the precautionary principle to reduce the possibility of mistakes when preparing the deed and to register the fiduciary.
STUDI PERBANDINGAN PENGATURAN CUTI NOTARIS DI INDONESIA DAN BELANDA Rizqi Perdana Syarif; Mohamad Fajri Mekka Putra
Media Bina Ilmiah Vol. 19 No. 12: Juli 2025
Publisher : LPSDI Bina Patria

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Abstract

A notary, as a public official authorized to create authentic deeds of civil acts, is entitled to legal leave for rest, holidays, medical treatment, or other urgent and legitimate reasons. However, the regulation of notarial leave varies between Indonesia and the Netherlands—the country that introduced the notarial system to Indonesia. Indonesia explicitly regulates notarial leave, while the Netherlands does not, including the BES Islands, which are autonomous territories within the Kingdom of the Netherlands. These regulatory differences give rise to complex legal implications that require thorough examination. This research aims to compare the regulation of notarial leave in Indonesia and the Netherlands, and to analyze the legal consequences of these differences. The study employs a normative juridical method and relies on secondary data sources
PERLINDUNGAN HUKUM ATAS KRIMINALISASI TERHADAP EMIRITUS NOTARIS YANG MEMEGANG DOKUMEN DILUAR PROTOKOL NOTARIS Ardheva Khalish Adiwena; Mohamad Fajri Mekka Putra
Media Bina Ilmiah Vol. 19 No. 12: Juli 2025
Publisher : LPSDI Bina Patria

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Abstract

This study discusses legal protection for emeritus notaries who face potential criminalization due to holding documents outside the notary protokol. In practice, emeritus notaries often still keep or manage documents related to their past duties, even though they formally no longer have the authority as public officials. This can create legal loopholes that have the potential to be misinterpreted as unlawful acts. Through a normative legal approach and analysis of applicable laws and regulations, this study aims to identify the form of legal protection that can be given to emeritus notaries, as well as to evaluate the limits of their legal responsibilities. The results of the study indicate that legal protection for emeritus notaries needs to be strengthened with clear regulations, in order to avoid detrimental legal interpretations and ensure legal certainty for notaries after their term of office ends.
Kewenangan Notaris Dalam Membuat Akta Berkaitan Dengan Hasil Autopsi Sebagai Alat Bukti Pada Perkara Pidana Annisa Rheinata Suhartono; Mohamad Fajri Mekka Putra
Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Vol 12 No 2 (2023)
Publisher : Fakultas Hukum Universitas Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55129/.v12i2.2832

Abstract

Pada tahap penyidikan perkara pidana yang menimbulkan kematian dilakukan pencarian serta pengumpulan alat bukti, Salah satu alat bukti yang dapat dilampirkan adalah visum et repertum yang termasuk dalam keterangan ahli. Adapun yang menjadi permasalahan dalam penelitian ini adalah adalah bagaimana kewenangan notaris dalam melegalisasi keterangan berkaitan dengan hasil autopsi kemudian bagaimana akibat hukum dari keterangan hasil autopsi yang telah dilegalisasi oleh notaris. Penelitian ini menggunakan metode penelitian yuridis normatif, dengan menggunakan pendekatan kualitatif. Berdasarkan penelitian yang dilakukan, diperoleh hasil bahwa notaris tidak mempunyai kewenangan untuk membuat akta mengenai autopsi, karena autopsi merupakan kegiatan yang oleh undang-undang telah ditugaskan kepada dokter forensik. Bahwa terhadap akta notaris yang memuat hasil autopsi tidak memiliki kekuatan pembuktian sehingga bukan merupakan alat bukti yang sah dalam perkara pidana.
Batasan Tanggung Jawab Notaris dalam Mengonstatir Dokumen Pelengkap Akta Berupa Surat Kuasa yang Ditandatangani Secara Elektronik (Studi Kasus Notaris X di Jakarta Selatan) Kirana, Bima Shazi Rajendra; Mohamad Fajri Mekka Putra
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1816

Abstract

In the practice of technology-based startup companies (start-ups), electronic signatures are often used, including in making power of attorney as a complementary document in making a deed, this does not rule out the possibility of human error in affixing an electronic signature, which can cause losses for the signatory. real hands. This research aims to determine the validity of the complementary document in the form of a power of attorney signed electronically by someone other than the account owner and the limits of the notary's responsibilities as a position that maintains the complementary document for the deed in the form of a power of attorney signed electronically. The doctrinal method with a case approach experienced by Notary X in South Jakarta was applied in this research. From the research results, it can be concluded that a power of attorney signed electronically by someone other than the electronic signature platform account holder is invalid, then the notary is only responsible for formal, not material, truth, so the notary is not responsible for the truth of an electronic signature made by Apart from the electronic signature platform account owner, there are tips from the resource person that can be put into practice in dealing with cases regarding electronic signatures.