Muhammad Ilham Arisaputra, Muhammad Ilham
Fakultas Hukum Universitas Hasanuddin Makassar

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Journal : Widya Yuridika

Efektivitas Pengawasan Majelis Pengawas Daerah Terhadap Notaris yang Meninggalkan Wilayah Jabatan Aini, Nurina; Ilmar, Aminuddin; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4479

Abstract

This study aims to analyze and explain the form of responsibility of the supervisors of the Regional Supervisory Board (MPD) towards notaries who leave their territory of office without valid reasons and formulate and identify the effectiveness of the supervisory function of the Regional Supervisory Council (MPD) against notaries who leave their territory of office without valid reasons. This research is an empirical legal research. The research was conducted in Makassar City, South Sulawesi. The results of the study show that the supervision carried out on a Notary is intended so that the Notary in carrying out his duties is based on the rules according to the provisions of the laws and regulations governing the position of a Notary. The laws and regulations governing office do not only require laws or laws, but also based on the trust given by the parties to the notary. Notaries must act professionally in carrying out their duties, because the position of Notary is a position of trust that must be aligned with those who carry out the duties of a Notary's position as a person who can be trusted. Notary as a position of trust does not mean anything if it turns out that those who carry out their duties as a Notary are people who cannot be trusted, including leaving their area of office without a valid reason.
Eksistensi Tanah Ulayat Suku Bunggu di Provinsi Sulawesi Barat M, Herianto; Lahae, Kahar; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5012

Abstract

This research aims to analyze the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province and to analyze the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Customary Law Community. This research is an empirical type of research, the location of this research was carried out in Pakawa Village, Pasangkayu Regency, West Sulawesi Province. The results of the research show that the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is still being regulated using customary mechanisms, meaning that every person who owns or will manage land must have the knowledge of the traditional stakeholders. And the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Traditional Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is only limited to recognizing the existence of the Bunggu Tribe culturally and customarily, not yet providing legal or regulatory recognition through Regional Regulations ( Regional Regulation).
Cyber Notary Dalam Pembuatan Akta Kadir Salmudin, Andi Muhammad; Sakharina, Iin Karita; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4969

Abstract

This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province.  The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.