Article Per Year (5 Year)
p-Index From 2020 - 2025
0.702
P-Index
This Author published in this journals
All Journal Sultan Agung Notary Law Review
Ira Alia Maerani
unissula
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties Didid Muhammad; Sri Endah Wahyuningsih; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.868-881

Abstract

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
The Legal Position of Insurance Agreement (Borgtocht) as a Form of Credit Bindings Wahyu Adi Wibowo; Siti Rodhiyah Dwi Istinah; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.396-408

Abstract

This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.
Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects Adyesha Nur Salma; Taufan Fajar Riyanto; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.756-770

Abstract

Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees Farik Farik; Dahniarti Hasana; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.507-531

Abstract

This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.
Co-Authors Adyesha Nur Salma Dahniarti Hasana Didid Muhammad Farik Farik Siti Rodhiyah Dwi Istinah Sri Endah Wahyuningsih Taufan Fajar Riyanto Wahyu Adi Wibowo