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The Law Enforcement Analysis of Violations of the Notary Code of Ethics Eva Zuliana; Umar Ma'ruf; Rakhmat Bowo Suharto
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.4.3.728-734

Abstract

The law enforcement is an effort to implement the code of ethics of a notary as it should be, supervise its implementation so that there is no violation, and if there is a violation, restore the violated code of ethics so that it is re-enforced. Notaries in carrying out their duties and positions are not closed to the possibility of committing violations. This study aims to find out and analyze the enforcement of the code of ethics for notaries who have committed violations, and what are the obstacles to the Notary Honorary Council in imposing sanctions on the code of ethics for notaries who commit violations. Based on research results shown the law enforcement of the code of ethics for notaries who commit violations is that the Honorary Council makes summons, gives warnings to notaries who commit violations, and holds hearings to examine suspected violations of the code of ethics. The obstacles of the Notary Honorary Council in enforcing the code of ethics are the limited number of members of the Notary Honorary Council so that they cannot carry out their duties optimally if one of them cannot attend, and there is a feeling of reluctance to fellow professionals to reprimand or impose sanctions.
An Overview of Islamic Law in the Mechanism of Individual Distribution if the Wife of the Heir is more than One Ani Maryani; Umar Ma'ruf; Winanto Winanto
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.4.2.456-464

Abstract

This study aims to determine and analyze the mechanism of inheritance distribution if the wife of the heir is more than one in terms of Islamic law. The research approach method used in the preparation of this thesis is a normative juridical research method. This research specification uses descriptive analysis. The type of data used is secondary data from legal materials in the form of the Qur'an and Hadith, the Civil Code, the Marriage Law, and the Compilation of Islamic Law. Collecting data by studying documents or library materials that are collected and processed systematically. The results of this study indicate that: first, the acquisition of inheritance rights for wives or wives is contained in the Qur'an letter An-Nisa' verse 12 and in the Compilation of Islamic Law Article 180. After removing part of the joint property, the rest is distributed to the heirs. If the heir leaves children, the wife's share is 1/8 and if the heir does not leave children, the wife's share is of the inheritance. Second: The concept of marriage in Indonesia based on Act No. 16 of 2019 concerning amendments to Act No. 1 of 1974 concerning marriage contains elements of monogamy, but the court can grant permission on fair conditions, the wife's consent, guarantees the necessities of life for the wife and children, and permit has permanent legal force. KHI explains that joint assets in each marriage are separate and independent and are calculated at the time of the second, third or fourth marriage contract.