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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains MLJ Merdeka Law Journal
Diah Aju Wisnuwardhani
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Religion Arts Humanities Economics, Econometrics & Finance Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Authority of Samarinda City Governments in Giving License to Open State Land Adelina Silvia Bilqis; Istislam Istislam; Diah Aju Wisnuwardhani
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.v5i2.5552

Abstract

Thesis is entitled "Authority of Samarinda City Governments in Giving License to Open State Land" with 2 (two) main issues, namely: (1) What are the criteria for rejection and acceptance that must be used as guidelines by the Notary Honorary Council for requests for approval of the process? summons to notaries who are not classified as obstruction of justice? (2) What is the legal protection for a Notary whose criteria are not classified as obstruction of justice by the Notary Honorary Council? Besides, this research is a kind of normative research. The research approach used is the statutoryapproachand theconceptual approach. The results of this thesis research indicate that the legal certainty of the decision of the Notary Honorary Council regarding the granting of a Notary summons permit by law enforcers can be formed if law enforcers can fully understand the functions of the Notary Honorary Council. In addition, the Notary Honorary Council must be consistent in making decisions so that there is legal certainty for the Notary. The Central Notary Honorary Council must conduct an examination of the Notary so that the good name of the position is protected and fully guarantees whether the Notary has made a genuine mistake personally or from the parties in the deed. The case should be suspended by the Notary Honorary Council as a form of protection for the position of a Notary, unless the Notary will be examined in a criminal case that has nothing to do with the making of the Notary deed. So that the Notary Honorary Council is not involved with the Obstruction of Justice. In the case of giving testimony, a Notary cannot disclose the deed he made either in part or in whole to other parties, this is in accordance with Article 66 paragraph 1 of the UUJN because as a trustee, the Notary is obliged to keep everything that is notified to him secret in his position as a Notary, even though there are some that are not included in the deed, and have been considered to represent the Notary in a trial so that the deed made by or before the Notary is a piece of evidence that has perfect evidentiary power. 
The Effectiveness of The Supervision By The Regional Supervisory Council Over Notaries Based On Article 67 Paragraph (5) of The Notary Office Act Intan Nirmala Ramadhani; Hanif Nur Widhiyanti; Diah Aju Wisnuwardhani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.303

Abstract

This study examines the effectiveness of supervision by the Malang Raya Regional Supervisory Council (MPD) on the behavior and implementation of notary positions based on Article 67 paragraph (5) of the Notary Position Law. The background of the study is that there are still notaries who do not carry out their duties according to the provisions, so that effective supervision is important. The study uses an empirical method (sociolegal) with a legal and conceptual sociology approach, through interviews, observations, and literature studies. The results of the study indicate that supervision by the MPD is normatively in accordance with the rules, but in practice it is not optimal. Limited intensity, the absence of supervisory mechanisms at times, and a focus more on administrative aspects than professional ethics make the effectiveness of supervision low. The main obstacles include the lack of MPD members, the absence of firm sanctions, and low awareness of notaries. As a result, supervision does not fully reflect the principles of accountability, transparency, and the function of professional development. The study concludes that institutional strengthening, consistent enforcement of sanctions, and ethical development are needed to improve notary professionalism.
Kekuatan Hukum Sertifikat Hak Tanggungan yang Terbit atas Adanya Unsur Onbeschikking Bevoeg Pemberi Hak Tanggungan atas Obyek Hak Tanggungan Felix Rovi Lindartanto; Mohammad Ghufron Az; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16373

Abstract

The lack of authority of a party who does not have the right to place a mortgage on a creditor which in the future results in a dispute, whether criminal or civil, has different legal consequences. So it is appropriate to know the legal strength of proof of the mortgage right certificate in terms of the registration system in Indonesia and the legal consequences of issuing mortgage rights which occur on the basis of the mortgagor's lack of authority over the object of the mortgage right. The research uses normative research methods with analytical descriptive analysis techniques. The Mortgage Rights Certificate has strong evidentiary power if it meets three main aspects. First, the existence of cadastral data plots, namely data related to land conditions, such as location, area and land boundaries, which are obtained from accurate measurements of land plots. Second, creating a public register that records the names of land rights holders. This general list is officially managed by the relevant agencies and is a trusted source of information. Third, implementing a publication system that shows openness of information to the public, allows other parties to know the status of land rights clearly. In the context of the issuance of an invalid mortgage right due to non-compliance with applicable legal provisions, a mortgage right can be deemed to have no legal force if the party providing the mortgage right is not registered as the legal owner of the object in question. This will cause losses for the party who receives the mortgage right because they cannot rely on the mortgage right to execute the debt if the debtor does not fulfill his obligations. Non-compliance or violation of the authority and provisions governing legal validity can result in serious legal consequences, such as cancellation of mortgage rights, loss of rights to objects guaranteed, or even material losses for interested parties.
Co-Authors Adelina Silvia Bilqis Felix Rovi Lindartanto Hanif Nur Widhiyanti Intan Nirmala Ramadhani Istislam Istislam Mohammad Ghufron Az