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All Journal Unram Law Review International Journal of Law Reconstruction Syntax Literate: Jurnal Ilmiah Indonesia Humani (Hukum dan Masyarakat Madani) Jurnal Ilmu Hukum The Juris Jurnal Ilmiah Penegakan Hukum JISIP: Jurnal Ilmu Sosial dan Pendidikan PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum Selisik : Jurnal Hukum dan Bisnis JURNAL ILMIAH ADVOKASI JUSTISI Khazanah Hukum jurnal syntax admiration Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Devotion: Journal of Research and Community Service The International Journal of Politics and Sociology Research COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesian Notary Eduvest - Journal of Universal Studies Jurnal Hukum dan Pembangunan
Siti Hajati Hoesin, Siti Hajati
Fakultas Hukum Universitas Indonesia Jl. Salemba Raya No.4 RW.5, Jakarta Pusat 10430, Indonesia
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Journal : LEGAL BRIEF

 1 
Responsibility of Notaries in The Inclusion of The Names of Instrumentary Witnesses Who Were Not Present at The Signing of Authentic Deeds (Study of The Decision of The Rantau Prapat District Court Number 26 / Pdt.G / 2020 / PN RAP) Adella Tanuwidjaja; Siti Hajati Hoesin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

In essence, the scope of the task of carrying out the position of a Notary is to make evidence as desired by the parties who appear to carry out a certain legal action. The case raised in this study originated from a lease agreement made before a Notary. Based on the applicable laws and regulations, the Notary is obliged to read the Deed in front of an audience in the presence of at least 2 witnesses, or 4 witnesses specifically for the making of a private will, and signed at the same time by the appearer, witness, and the Notary. However, the Notary in this case included the name of a witness in the relevant Lease Deed, even though the witness was actually not present on the day of making, reading, and signing of the deed by the parties. Therefore, one of the parties in the Lease Deed filed a lawsuit against the Notary because he felt aggrieved by the possibility that the Lease Deed would lose its proving power as an Authentic Deed because it did not meet the requirements as regulated in the laws and regulations. The main issue raised in this study is the responsibility of the Notary in including the name of the Instrumental Witness who was not present at the signing of the Authentic Deed and its implementation in the decision of the Rantau Prapat District Court Decision Number 26/Pdt.G/2020/PN RAP. This research is normative judicial research. The type of data used is secondary data obtained through literature study. To further elaborate the main issue, it is further described in the introduction, a discussion of the Instrumental Witness and the responsibilities of the Notary in relation to the inclusion of the name of the Instrumental Witness who was not present at the signing of the Authentic Deed, and closing.
Validity and Legal Consequences of Granting Building Use Rights to the Komanditer/Comanditaire Venootshap Guild (CV) Muhamad Mahdifa Lazuardi; Siti Hajati Hoesin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

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Abstract

The granting of Building Use Rights (hereinafter referred to as HGB) cannot be given to limited partnerships. This is because the Limited Partnership is a business entity, while what can be granted HGB is a legal entity. HGB is the right to construct or own a building on land that is not one's own for a limited period of time. In Indonesia, this HGB is regulated in the Basic Agrarian Law (hereinafter referred to as UUPA) and those who can own this HGB are Indonesian Citizens (WNI) and legal entities established and domiciled in Indonesia as described in Article 36 paragraph (1 ) UUPA. In practice, there is a policy that allows these Limited Partnerships to own HGB as contained in Circular Letter Number 2/SE-HT.02.01/VI/2019 issued by the Minister of Agrarian Affairs and Spatial Planning regarding the Granting of HGB to Limited Partnerships. This Circular Letter aims to increase investment and encourage economic growth in all regions of Indonesia by granting HGB to Limited Partnerships. This research focuses on discussing the suitability and legal consequences of granting HGB to limited partnerships based on Circular Letter Number 2/SE-HT.02.01/VI/2019. This study uses a normative juridical method with a statutory approach and an analytical approach. This research will explain the granting of HGB based on the UUPA and government regulations, the status of limited partnerships in Indonesia, and the legal consequences of enforcing Circular Letter Number 2/SE-HT.02.01/VI/2019 on obtaining HGB for limited partnerships.
Co-Authors Achmad Johansyah Adella Tanuwidjaja Agishintya, Chika Agung Yulianto Amira Budi Athira Andara Skyla Sakinah Andhika Mediantara Primayoga Angelina, Michelle Annisa Farras Tsabitah Arif Prasetiyo Ayu Aulia Rahmitasari Ayu Aulia Rahmitasari Azura, Dinda Maurizka Bangun Pandapotan Hutajulu Candra, Nur Choirullah Adi Chika Chika Agishintya Christin Novalia Simanjuntak Chrisya Nadine Immanuella Daffa Azzaki Lubis, Muhammad Enggartiasti Sherly Anggraini Fidela Faustina Fitriana Fitriana Handy Firmansyah I Made Arta Negara Ilwira Fakhrurrazi Lubis Karel Budiman Khaerani, Salma Putri Leonardo WiraUtama Sinaga Manalu, Evanto Pandora Marwanto Rolasta Maulana Yusuf Maulidiah Maskat Mega Junia Erliyandi Mohamad Fajri Mekka Putra Mohamad Fajri Mekka Putra Muhamad Mahdifa Lazuardi Muhammad Daffa Azzaki Lubis Pandora Manalu, Evanto Putri Yollanda Rachel Christina Duma Purba Rachel Pinasti Satyawinedhar Riani Talitha Nazhiif Soemadji Rifki Zhaputra Ilham Rinaldi Agusta Fahlevie Rizki Citra Pratiwi Rizwan Aryadi Sarah Patricia Rajagukguk Setyo Pambudi Stevania, Maudy Wardah, Kurniaty Wicaksana, Angling Dandy