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All Journal Jurnal Hukum Lex Generalis Edunity: Kajian Ilmu Sosial dan Pendidikan
Livia Kusumadiani Putri
Universitas Tarumanagara
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Kewenangan Jabatan Notaris dalam Keadaan Terbatas: Studi Terhadap Penahanan Kota dan Penahanan Rumah Livia Kusumadiani Putri; Ariawan Gunadi
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1183

Abstract

This research discusses the authority to perform the duties of a Notary who is undergoing house arrest or city arrest, with a case study of the Medan High Court Decision Number 9/PID.SUS-TPK/2023/PT MDN. The main issues raised are the legal status, authority, and implications of detention on the performance of a Notary's duties according to the UUJN and the professional code of ethics. The analysis of norms and decisions shows a lack of clarity in regulations, but it was found that detention can limit the authority of a Notary. In conclusion, stricter regulations are needed regarding the performance of a Notary's duties while under house arrest or city detention to ensure legal certainty and justice.
Legal Certainty on the Execution of a Fiduciary Whose Movable Object Has Been Transferred to Third Parties Livia Kusumadiani Putri; Benny Djaja
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 9 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i9.134

Abstract

The debtor does not have the legality or rights before the law to transfer the fiduciary guarantee object to a third party and the transfer of the fiduciary guarantee object without the approval of the creditor becomes invalid. This compensation is because the debtor has committed an unlawful act, therefore it requires innovation or renewal debt in this case the old debt is removed and replaced with a new debt in accordance with Chapter 1413 Civil Code. Fiduciary Guarantee Act Should provide more specific arrangements regarding the position of objects that have been made object fiduciary guarantee because things made object Collateral are the main key in terms of providing guarantees from debtors to creditors. Given the fact that there are still many of them constraint-obstacles faced by creditors during the execution process of fiduciary collateral objects.
Co-Authors Ariawan Gunadi Benny Djaja