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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Jurnal Cita Hukum jurnal niara Jurnal Hukum Acara Perdata ADHAPER Syntax Literate: Jurnal Ilmiah Indonesia Nagari Law Review Unes Law Review Al Hurriyah : Jurnal Hukum Islam Jurnal Hukum Acara Perdata Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Tunas Agraria UNES Journal of Swara Justisia Journal of Law, Poliitic and Humanities Jurnal Ilmu Hukum Al Hurriyah : Jurnal Hukum Islam Jurnal Pengabdian Masyarakat Dharma Andalas Ranah Research : Journal of Multidisciplinary Research and Development Kanun: Jurnal Ilmu Hukum JILS (Journal of Indonesian Legal Studies)
Azmi Fendri
Fakultas Hukum Universitas Andalas
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Penetapan Honorarium Notaris dalam Pembuatan Akta di Kota Pariaman Raji Saputra; Azmi Fendri; Delfiyanti Delfiyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1088

Abstract

The violation of the Code of Ethics that occurred in Pariman City was caused by the Notary's actions which were not in accordance with the Regulations on the Notary's Office and the Notary's Code of Ethics. Meanwhile, the violation of the Code of Ethics in Pariaman City was the determination of the Notary's Honorarium which was below the stipulated standards. determine the UUJN and the Notary's Code of Ethics, with this the Notary concerned has violated article 36 UUJN No. 2 of 2014 and the Notary's Code of Ethics in article 4 paragraph 10. Implementation of determining the Notary's honorarium in making deeds in the city of Pariaman. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics. according to its authority. Up to Rp. 100,000,000.00 the maximum honorarium received is 2.5%, then above Rp. 100,000,000.00 - Rp. 1,000,000,000.00 one billion the maximum honorarium received is 1.5%, above Rp. 000,000,000.00 honorarium received is based on an agreement between the Notary and the parties, but does not exceed 1% according to the object for which the deed is made. The honorarium received by Notaries in Pariaman was a violation of the Code of Ethics which violated Article 4 paragraph 10 of the 2015 Notary Code of Ethics which resulted in the Notary concerned committing a violation, for several reasons, namely because the client was incapable and there was a mutually acquainted relationship between the client and the Notary concerned. Supervision by the Notary organization in determining the Notary's honorarium in connection with the making of deeds in the city of Pariaman. Supervision from the Indonesian Notary Association (I.N.I) on the behavior and actions of Notaries in Pariaman so that unhealthy competition does not arise through the determination of Notary Supervision to differentiate between the behavior and actions carried out by Notaries in carrying out their positions by the Supervisory Council.
Pelaksanaan Penyerahan Protokol Notaris yang Pensiun dengan Permintaan Sendiri Berdasarkan Undang-Undang Jabatan Notaris Serta Implementasi di Kota Padang dan Padang Pariaman Reski Novita Syahrul; Azmi Fendri; Delfiyanti Delfiyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1157

Abstract

Notary is a public official who has the authority to make authentic deeds and has other authorities as defined in this Law or based on other Laws. Notary is a position that has been regulated in the Legislation. However, there are times when a notary will end his term of office either by stopping at his own request and in the UUJN it is also stated that a notary who stops at his own request must report to the MPD and indicate who will be a substitute Notary for submitting the protocol. The method used in this thesis is an empirical research method. In this research, an understanding was obtained that if a notary stops at his own request, all protocols will be submitted to a replacement notary and appointed by the MPD. However, in the implementation that occurred in the cities of Padang and Padang Pariaman, the handover began with a Notary who stopped at his own request and was notified to the MPD that the MPD would process a letter from the Indonesian Ministry of Law and Human Rights. In its implementation, submission of notary protocols in the cities of Padang and Padang Pariaman did not go smoothly. Due to time delays in the process of issuing ministerial decrees, the handover of the notary protocol to a replacement notary is delayed and does not comply with the time period allowed according to UUJN. As long as there is no such decision, the notary cannot issue a copy of the deed for those who need it. However, in practice in the cities of Padang and Padang Pariaman these obstacles can be overcome by providing understanding to the parties or notaries who will retire.
Kedudukan Hukum Akta Pengakuan Hutang yang Dibuat Dihadapan Notaris (Studi Kasus Perkara Mahkamah Agung Nomor: 2956/K/Pdt/2013) Elvia Puspita Siregar; Elwi Danil; Azmi Fendri
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A deed of acknowledgment of debt made by a notary authentically will be followed by a deed of acknowledgment of debt also authentically made by a notary. If the debtor is in default in carrying out his obligations to the creditor, based on the debt acknowledgment deed a grosse deed can be issued, which is the first copy which has the same force as a court decision which has permanent legal force. In this research, the formulation of the problem related to the legal protection of Land Deed Drafting Officials (PPAT) against acts of falsification of data on sale and purchase deeds by applicants, namely: 1. What is the legal position of the Deed of Debt Acknowledgment made before a Notary in Supreme Court case Number 2956 K/Pdt/2013 ? 2. What is the judge's consideration in Supreme Court case Number 2956.K/PDT/2013 in relation to the Deed of Debt Acknowledgment made to the Notary? 3. What are the legal consequences of the decision of Supreme Court case Number 2956.K/Pdt/2013 on the Deed of Debt Acknowledgment made before a Notary? This research uses a juridical-normative approach. The research results obtained are: normative legal research, namely research. The results of the discussion of the problems that arise in this research are that the legal strength of a debt acknowledgment deed made by a notary with an authentic deed is perfect evidence for parties in the event of prosecution in court. Apart from that, the deed of acknowledgment of debt made by the notary is authentically legally binding in accordance with the law for the parties who make it so that it must be adhered to, complied with and implemented as well as possible and in good faith to achieve the smooth implementation of the debt. The legal consequence of making a debt acknowledgment deed made by a notary against the parties in the event of a trial in court is that the parties are bound by a debt payment agreement which they have acknowledged using an authentic notarial deed in the form of a debt acknowledgment deed. The basis for the legal considerations of the panel of judges in deciding the case of a lawsuit for cancellation of a debt acknowledgment deed made by a notary with an authentic deed in Supreme Court Decision No. 2956.K/PDT/2013 is that the cassation filed by Defendant I HH and Defendant II DH does not have strong reasons or does not have a strong legal basis to be submitted to the Supreme Court. However, the clause of the debt acknowledgment deed made by the notary containing the provisions for interest/late fines of 8% (eight percent) per month was canceled by the panel of judges and changed to 2% (two percent) per month because the interest provision was 8% (eight percent). per month, the legal provisions in force in the banking law require that the interest rate on a loan must not exceed 2% (two percent) per month.?
FUNDAMENTAL PRINCIPLES OF MINERAL AND COAL RESOURCES MANAGEMENT IN THE REGIONAL AUTONOMY ERA Azmi Fendri; Busyra Azheri
Kanun Jurnal Ilmu Hukum Vol 24, No 3 (2022): Vol. 24, No. 3, December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i3.28324

Abstract

The management of mineral and coal resources is affected by the shift in the paradigm of regional government administration, which now emphasizes aspects of regional autonomy. Law Number 23, 2014 concerning Regional Government, which genuinely adheres to the maxim of maximal regional autonomy, appears to be incompatible with Law Number 3, 2020 concerning the revision of Law Number 4, 2009 on Mineral and Coal Mining. In practice, this results in a variety of interpretations of the nature and significance of regional autonomy, which ultimately has repercussions for the management of mineral and coal resources. This research aims to investigate the significance and nature of regional autonomy in connection to the management of mineral and coal resources. This is doctrinal legal research and a philosophical approach is applied based on legal principles. The findings are the fundamental principles of managing mineral and coal resources in the future era of regional autonomy focuses on returning to the principle of being a state, which means that the use of mineral and coal resources must be in accordance with the ideals of the state outlined in paragraph 4 of the Preamble of the 1945 Constitution, aspects of environmental harmonization and spatial alignment and the application of the principle of proportionality in regulating government and local government authorities.
Kewenangan Partai Politik dalam Mengusulkan Pemberhentian dan Penggantian Antar Waktu Anggota Dewan Perwakilan Rakyat Daerah (Studi Kasus Pemberhentian Nofrizon Sebagai Anggota DPRD Sumbar 2019-2024) Muammar Kadafi Siregar; Azmi Fendri; Hengki Andora
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 6 No. 4 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Mei 202
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v6i4.859

Abstract

On April 27 2023, the Democratic Party DPP issued DPP Decree No. 104/SK/DPP.PD/IV/2023 concerning the Dismissal of Democratic Party Members. Nofrizon was terminated because he violated Organizational Regulation Number 01/PO/DPP.PD/VII/2019 Article 5 Paragraph 4 that Democratic Party members are obliged to obey and carry out the decisions of the faction leadership without exception. Then, through a letter from the Democratic Party of West Sumatra Province DPD No.12/ext/DPD.PD/SB/V/2023, dated 29 May 2023, the Democratic Party stated that Mr. Nofrizon had been permanently terminated as a member of the Democratic Party and proposed an interim replacement (PAW ) Member of the West Sumatra Province DPRD from the Democratic Party Fraction for the 2019-2024 period. The legal basis used as a process for the temporary termination and placement of West Sumatra Province DPRD members is Law Number 23 of 2014 concerning Regional Government Article 139 Paragraph (2) DPRD members are dismissed from time to time for reasons as specified in letters e, h and i as following e. Proposed by the political party in accordance with the provisions of the statutory regulations, h. Dismissed from being a member of the political party in accordance with the provisions of the statutory regulations; and I. Become a member of another Political Party. To answer this problem, it is necessary to formulate it into three problem formulations. First, what is the process for the interim termination of DPRD members? Second, what is the interim placement process for DPRD members? Third, what is the authority of political parties in promising the dismissal and temporary placement of DPRD members? This research is a type of legal research using a sociological juridical legal research approach. The results of this research show that the temporary dismissal of DPRD members due to such termination can be carried out through a decision of the Honorary Board and/or through a proposal from a political party. Bro. Nofrizon, S. Sos was temporarily dismissed as a member of the West Sumatra Province DPRD from the Democratic Fraction. This interim suspension was at the suggestion of the Political Party (Democratic Party) due to a change of party and not a personal resignation, through the Democratic Party DPP decision letter No.104/SK/DPP.PD/V/2023. The interim replacement process for Provincial DPRD members cannot be separated from the process of dismissal of DPRD members which occurs first. Political parties have the authority to stop the temporary dismissal of DPRD members, but the process of guaranteeing candidates for interim replacement names for Provincial DPRD members is the attributive authority of the Provincial KPU.
Tanggung Jawab Organisasi Notaris Terhadap Pelaksanaan Magang Calon Notaris Di Kota Padang Tatik Kustiati; Azmi Fendri; Rembrandt Rembrandt
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.2.i.1.p.124-143.2018

Abstract

According to Article 3 letter f of Law Number 2 Year 2014 regarding Amendment to Law Number 30 Year 2004 about Notary Position a Notary candidate should take apprenticeship 24 consecutive months before allowed to practice as a notary. The problem is how the obligation conducted and how is the responsibility notary organization in holding the apprenticeship. The method taken in this research is empirical juridical. The juridical approach is used to analyse the various laws and regulations, while the empirical approach is used to view and analyse the law compare to its practice in society along with all its aspects. Because in this research examining people in relation of life in society, hence method of empirical law research can be regarded as research of sociological law which is branch of law of law (socio legal research in sociological jurisprudence) because legal research is taken from facts that exist in a society. The research was held in Notary organization known as Indonesian Notary Association in Padang . The research show that the Notary organization plays an important role in conducting apprenticeship for notary candidate, by permit their office chosen to hold apprenticeship. The each notary has also provided the notary candidate skill and knowledge that will be very useful for next practice. Each Notary candidate is required to attend the internship as one of the requirements to be able to follow the Notary Code of Ethics Examination which is preceded by Examination of Extraordinary Member in order to be appointed Notary
Kepastian Hukum Akta Jual Beli Tanah Di Bawah Tangan Yang Disahkan Oleh Notaris Di Kabupaten Sidenreng Rappang Provinsi Sulawesi Selatan Rully, Jodie Angelia; Ismansyah, Ismansyah; Fendri, Azmi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3404

Abstract

Article 37 paragraph (1) PP No. 24 of 1997 concerning land registration, explains that the transfer of land rights can be carried out by transferring rights such as sale and purchase, exchange, gift, auction, inheritance, transfer of rights due to merger or consolidation and other transfers of rights. All transfers except auctions can only be registered if proven by a deed made by the Land Deed Official (PPAT). In the event that the land you wish to trade does not yet have a certificate, the process of transferring rights in accordance with the provisions of this Article cannot be carried out. Currently, many land buying and selling processes are carried out, not through PPAT, but buying and selling is done by deed under the hands of the parties. To strengthen the proof of private deeds, Article 1874 of the Civil Code regulates the ratification of private deeds as a form of strengthening private deeds by a notary. Therefore, the main problem is why the people in Sidenreng Rappang district choose to buy and sell land with a private deed legalized by a notary and what is the legal certainty of the private land sale and purchase deed that has been legalized by a notary. The sale and purchase of land using a private deed ratified by a notary is because the condition of the object of sale and purchase is not yet certified, buying and selling land using a private deed ratified by a notary is felt to be easier, faster and more affordable. Ratification by a notary of the private deed will guarantee that the parties really signed it, and that the private deed was indeed signed on that date.
Pembatalan Wasiat Dan Dampak Hak Waris Terhadap Hilangnya Legitieme Portie Berdasarkan Putusan Pengadilan Nomor 43/PDT.G/2020/PN Medan Abdullah, Risyad; Fendri, Azmi; Fauzi, Wetria
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1699

Abstract

Every transfer of property during a marriage as long as the marriage is not agreed upon, every act of transfer and collateral must obtain the approval of each married partner so that if there is a transfer of joint property during the marriage, the action will be null and void. The formulation of the problem in this research is: What is the basis of the judge's considerations in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of wills and the impact of inheritance rights on the loss of Legitiieme Portie? And what are the legal consequences of canceling a will for the parties in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of a will and the impact of inheritance rights on the loss of Legitieme Portie? The method in this research is nomative juridical. A notary making an authentic deed is legal principles contained in the Civil Code in connection with making a will deed where a notary cannot make a will deed that bequeaths or bequeaths mixed assets in a marriage that owns the property. is joint ownership, because the action taken will harm the married couple so that it can be betrayed as an unlawful act as in the case in Decision Number 43/PDT.G/2020/PN. Medan. The resolution of the case stems from the return of the wife's rights to some of the assets in the mixture of her marital assets, namely half, while the other half is the inheritance deed of the deceased which should still be inherited by the deceased's heirs
Kepastian Hukum Pendaftaran Peralihan Hak Atas Tanah Saat Menjadi Objek Sengketa di Pengadilan (Studi Kasus Pelaksanaan Eksekusi terhadap Objek Perkara Perdata No. 18/Pdt.G/2018/PN Kbr) Abdi, Israr; Mirwati, Yulia; Fendri, Azmi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1727

Abstract

This research aims to examine and analyze the legal certainty of registering the transfer of land rights when it is the object of a dispute in court and to determine the legal consequences for land rights that have been transferred in the implementation of the Koto Baru District Court Decision No. 18/Pdt.G/2018/PN Kbr. This research uses empirical juridical methods, namely research carried out directly in the field to find out the actual problems that occur, then it will be connected to applicable laws and regulations and existing legal theories. The data collected is in the form of primary data and secondary data. Based on the research results, in the event that Land Rights are the object of a dispute in court, the case registration is automatically deleted within 30 (thirty) days from the date of recording and if there is a status quo order it is also automatically deleted within 30 (thirty) days. day. After the period for recording the object of the court case and/or the record of the object of determining the status quo as intended is deleted and the object of the case is not followed by a determination of collateral confiscation, the registration of the transfer or encumbrance of rights can be carried out. The Court's decision which has permanent legal force (In kracht van gewijsde) is considered correct and in this decision it is punitive (Condemnatoir) control/ownership of the land the object of execution is binding on the third party because obtaining rights to the land from the losing party (Defendant) occurred after If there is a case/case decision then the object of the case can be executed.
Pertanggungjawaban Notaris Terhadap Pembuatan Perjanjian Nominee Berdasarkan Putusan Pengadilan Negeri Gianyar Nomor : 259/Pdt.G/2020/Pn.Gin Budiyanto, Budiyanto; Ismansyah, Ismansyah; Fendri, Azmi
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.1969

Abstract

This study discusses the Gianyar District Court Decision No. 259/Pdt.G/2020/PN.Gin, which declared that Deed No. 10 and Deed No. 12, related to the purchase of land, constitute an unlawful act under Article 1365 of the Indonesian Civil Code. The focus of this research is: (1) How is the regulation of the creation of valid agreement deeds by a notary; (2) The notary's responsibility in the creation of nominee agreements; and (3) The judge's considerations in the court's decision regarding the nominee agreement. Using a normative juridical approach, this study utilizes both secondary and primary data. The results show that the notary has a significant responsibility to ensure that the deeds comply with the prevailing laws and regulations, and to prevent any coercion or fraud. Regarding the nominee agreement, the judge ruled that the agreement was made to circumvent the law, violating Articles 1337 and 1320 of the Indonesian Civil Code, as it does not meet the objective requirement of a valid agreement, namely "a lawful cause." This nominee agreement was created with the intention of evading legal provisions prohibiting foreign nationals from owning land titles in Indonesia.
Co-Authors Abdi, Israr Abdullah, Risyad Aisa, Nora Aldyans Rio Pratra Anafiah, M. Ali Angga Pratama Angga Pratama Angrila Putri Anton Rosari Argi Putra Finalo Baroto, Wisnhu Agung Budiyanto Budiyanto Busyra Azheri Darnis Darnis, Darnis Delfianti Delfiyanti Delfiyanti Devia Rahma Pratisa Dilon Scandhiva Ramadi Dina Shabrina Eko Permana Putra Elvia Puspita Siregar Elwi Danil Ferdi Ferdi, Ferdi Feronika Feronika Feronika, Feronika Finalo, Argi Putra Fithrina, Hendria Frenadin Adegustara Frenadin Adegustara Gusminarti, Gusminarti Hasbi Haswin, Olvi Sri Hilda Hayaturrahmi, Salma Hengki Andora Hengki Andora Ihsan, Junaldi Ismansyah Ismansyah Ismansyah Ismansyah Ismansyah Juanda Sari, Vinsa Junaldi Ihsan Khairani Khairani Khairani Khairani Kharina Aggita Putri Lubis, Khairani Luky Kurniawan luky kurniawan, luky M Hasbi M Hasbi M. Hasbi M. Hasbi Maria Susanti Maron, Yogi Mhd. Lutfi AR Mirwati, Yulia Muammar Kadafi Siregar MUHAMMAD HASBI Muhammad Hasbi Nanda, Novitra Nidya Sari, Tri Nisaul Hasanah Nora Aisa Novitra Nanda Nurul Astri Haliza Petrolika, Petrolika Pratisa, Devia Rahma Pujha Setiawan J Puspita Siregar, Elvia Putra, Eko Permana Putri, Kharina Aggita Rahayu Triningsih, Puja Rahman, Fadhil Raji Saputra Ramadi, Dilon Scandhiva Rembrandt Rembrandt Reski Novita Syahrul Reza Putri Reza Putri Rinaldi Sarza Romi Romi, Romi Rosari, Anton Rully, Jodie Angelia Saimar, Hamda Afsuri Salma Hayaturrahmi Saputra, Raji Sarza, Rinaldi Setiawan J, Pujha Shabrina, Dina Sucy Delyarahmi Syahida, Jeri Gunarko Syahrul, Reski Novita Syam, Misnar Syofiarti Syofirman Syofyan Tatik Kustiati Titin Fatimah Tri Nidya Sari Wetria Fauzi Yasniwati, Yasniwati Yogi Maron Yolanda, Nadiya Yulia Mirwati Yuliandri, Yuliandri Yuliandri, Yuliandri Yuslim Yuslim Yuslim Yuslim Yussy A. Mannas Zulfitri, Amelia