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A Legal Responsibility of a Notary for Actions Performed by Parties in the Making an Authentic Ded T. Riza Zarzani; Onny Medaline; Dartimnov Dartimnov
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2203

Abstract

The purpose of this study was to determine the position of a notary in making an authentic deed, the form of a notary's responsibility for violations of the UUJN in creating an original act and the effectiveness of sanctions for a notary who violates the UUJN in doing an authentic deed. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analysed is carried out in-depth and holistically. Based on the research results, it is known that the position of a notary in doing an authentic deed is regulated explicitly in Article 15 paragraphs (1), (2), and (3) of Law Number 30 of 2004 Jo. Law Number 2 of 2014 concerning the Position of Notary consists of general, special and future authorities. In its implementation, the form of a notary's liability that violates the UUJN in doing an authentic deed is divided into 2 (two) states, first: a civil notary liability of a notary because a notary violates the provisions of Article 84 of Law No. cancel or nullify by law, secondly: administrative liability of the notary occurs because in doing an authentic deed the notary does not heed Article 84 of Law Number 30 of 2004 concerning the position of a notary, for this violator with the threat of the heaviest penalty the notary can be dismissed from his position.
Mapping Community Land in North Sumatra through the Implementation of Agrarian Reform Onny Medaline; Fitri Rafianti; Rahmad Sembiring
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2654

Abstract

Agrarian Reform is an operation to reorganize agrarian structures that experience inequality to create a new, more just structure. The President as the highest leader of the state is a mandatory implementer of agrarian reform to systematically through his authority carry out conflict resolution and overhaul the structure of agrarian inequality. This is directly stated in the constitution of our country, the 1945 Constitution, and the Basic Agrarian Law no. 5 of 1960. This mandate was strengthened through MPR Decree No. IX of 2001 concerning Agrarian Reform and Natural Resources. Presidential Regulation Number 86 of 2018 concerning Agrarian Reform emphasizes asset management, access arrangement, and land dispute resolution. The agrarian reform movement is concerned, that the agenda for implementing agrarian reform will be neglected, there will be more lip service and ceremonial without touching the root of the real agrarian problem, even in the form of a political promise by the government to the community. And it has great potential to further deviate from the accuracy of the objects and subjects of Agrarian Reform that are not my main purpose. The Presidential Regulation on Agrarian Reform Number 86 of 2018 is considered a political breakthrough. It is strongly suspected that the suitability of the object (land) and the subject (recipient) of land redistribution is wrong and does not match the objectives of agrarian reform. Including the absence of supporting programs after the redistribution is carried out, as a condition of Agrarian Reform.