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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik
Abdul Salam
Universitas Indonesia
Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERTANGGUNGJAWABAN NOTARIS TERHADAP PEMBATALAN AKTA PERJANJIAN PERKAWINAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Elisa Safira; Abdul Salam
Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik Vol 5 No 2 (2022): PRO PATRIA: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial dan Politik
Publisher : Pendidikan Pancasila dan Kewarganegaraan, FKIP, Universitas Banten Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47080/propatria.v5i2.2155

Abstract

Abstract In practice, the marriage agreement deed made by a notary can be cancelled by the court. The cancellation causes losses for the party who made it. So it becomes a problem how the notary's responsibility for the cancellation of the marriage agreement deed made in the form of a notary deed carried out by the court. This study aims to analyse the notary's responsibility for cancelling the marriage agreement deed made by the court. The research method used is normative juridical research using a statutory approach and a case approach. The results showed that the notary's responsibility for the marriage agreement deed was cancelled by the court's decision, especially in case number 598 PK/PDT/2016, providing information because the case was included in the administrative area.Furthermore, in the Law on Notary Positions, the notary's responsibility to the deed he makes is that the notary's responsibility is charged to his position. So the result is that the marriage agreement in case Number 598 PK/PDT/2016 is null and void because it does not meet the requirements in Article 29 paragraph (1) of the Marriage Law Article 147 of the Civil Code, namely the marriage agreement, must be made before or when the marriage takes place and is made in a notary deed and ratified by the marriage registrar. Concerning the cancellation of the marriage agreement, it returns to its original state as did not occur in the previous agreement, namely the merger of assets during the marriage and its distribution. Notaries, as public officials, can be held accountable for authentic deeds, resulting in null and void that they make based on the distribution of responsibilities. In this case, the notary's responsibility is borne by the position.
THE LEGAL POSITION OF THE LAND BANK AND THE APPLICATION OF GOVERNMENT ASSETS IN TERMS OF THE POLITICS OF LAND LAW IN FORCE IN INDONESIA Yogie Prastiyans; Abdul Salam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2715

Abstract

The Land Bank is an Indonesian legal entity (Sui Generis) established by the central government and given special authority to manage land. Land Banks are basically the same character as Conventional Banks. In Conventional Banks, this institution has an intermediation function as taking and distributing funds from the public. Meanwhile, in the Land Bank, the Central Government and local governments collect land for long-term, medium-term, and annual planning purposes. The problem in this research is how is the position of the Land Bank as the Holder of Land Management Rights in terms of the Politics of Land Law in force in Indonesia and what are the prospects for the utilization of Government assets against the Land Bank as stated in Government Regulation Number 64 of 2021 concerning the Land Bank Agency. This research uses normative juridical research methods through document studies to obtain secondary data. The results of this research explained that the position of the Land Bank in the management of state land assets in the future must be in line with the land politics contained in the constitution and Basic Agrarian Law which aims to realize social justice for all Indonesians. Utilization of Land Bank assets includes land utilization for operational purposes, capital development, and land utilization for distribution purposes, because in principle the land bank prioritizes the principle of non-profit in the development of prospects for the activities of the land bank so that it does not mean that it does not carry out profitable activities but that there is a certain portion for the development of the Land Bank organization.
Co-Authors Elisa Safira Yogie Prastiyans