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Gunardi Gunardi
Universitas Tarumanagara Jakarta, Indonesia
Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role And Responsibility Of Notaries In Improving The Validity Of Deeds And Legalization Fistyarahma Nurshinta; Gunardi Gunardi
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 10 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i10.758

Abstract

The notary has permission to legalize private deeds requested by the party. However, private deeds often contain elements of unlawful acts. This research aims to describe the responsibilities of notaries towards their profession as public officials who make authentic deeds, and to describe the responsibilities of notaries regarding private agreements that contain elements of unlawful acts that have been legalized. The method used in this article is normative juridical, namely the study of secondary data using a statutory approach and a conceptual approach that has analytical descriptive research specifications. The results of the research in this article are: firstly, the responsibility of a notary towards his profession as an official who makes authentic deeds is only limited to the formal form of authentic deeds, not to the contents of the deed, every action carried out by a notary can be held accountable if there is a violation committed and this action can cause losses. for the parties. Second, the notary's responsibility for private agreements that contain elements of unlawful acts that have been legalized, namely that the notary does not dispute the contents of the private deed even though it contains an unlawful act clause.
Authority And Responsibility Of Notaries In Making Marriage Agreement Deed Dominiqy Injili Edfiene Pungus; Gunardi Gunardi
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 11 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i11.799

Abstract

This study discusses the authority and responsibility of notaries in making marriage agreement deeds. The purpose of this study is to describe and analyse the authority and responsibility of notaries in making marriage agreement deeds and the urgency of marriage agreements. This research method uses normative law because it is based on a statute approach and a conceptual approach. The result of this study is that the notary's authority in making the marriage agreement deed he made is limited to the content of the agreement that has fulfilled the conditions for the validity of the agreement under Article 1320 of the Civil Code, so he cannot be prosecuted in court; conversely, if the marriage agreement certificate does not meet the requirements of the validity of the agreement, then the deed made by a notary can be cancelled by the judge. The notary's responsibility in the marriage agreement is to ensure that no third party is harmed by the making of a marriage agreement after the marriage.
Notary Profession and Code Of Ethics In The Process Of Making A Deed Of Establishment Of A Limited Liability Company Christine Christine; Gunardi Gunardi
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 12 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i12.815

Abstract

A notary in business, especially in the growth of a Limited Corporation as a legal institution, is considered necessary. Therefore, the corporation can also gain legal protection besides obeying the rules. The presence of an authentic act- a legal product released by a notary- supports the law concept that becomes the source of justice. The procedure is the key to the established law; without proper procedure based on the established law and correct procedure based on established rules and regulations, the whole system will fail; therefore, the procedure has a vital role in maintaining a system. In founding a Limited Corporation, the role of a notary becomes the link of all procedures, especially after establishing the legal institution Administration Sistem in 2000 with the decree of the Minister of Law and Human Rights of the Republic of Indonesia number M01.HT.01.01. The year 2000 about The Enforcement of Legal Institution Administration Sistem in General Directorial of General Law Administration of Law and Human Rights Department Republic of Indonesia. The legal Institution Administration System was established to replace the ineffective manual system in founding limited Corporation Legalization. Many reasons still support manual system use, although it is against the former rule mentioned if the manual system is no longer usable.
The Precautionary Principle In The Transfer Of Trademark Rights By Notaries Fenny Riski Diana; Gunardi Gunardi
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 12 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i12.847

Abstract

The outcome of business activities in the field of services or trade can be identified as a trademark or service mark. The term "trademark" refers to a symbol that can be in the form of a picture, name, numbers, color arrangement, or a combination of these elements, possessing the ability to distinguish and be used in the trade of goods or services. Trademarks are intangible entities that can be transferred, including through agreements transferring ownership rights to the trademark. In the context of a trademark transfer, a notary plays a role in drafting the transfer deed. The purpose of this research is to comprehend and analyze the notary's role in the preparation of trademark transfer deeds and evaluate the notary's responsibility in providing legal protection to the parties involved, considering the intangible nature of trademarks. Legal data collection techniques involve primary and secondary legal materials. The research method employed is a normative juridical approach with legislative and conceptual perspectives. Based on the research findings, it is revealed that the principle of caution is one of the key principles that must be followed or adhered to by a notary in the execution of their duties.
Co-Authors Christine Christine Dominiqy Injili Edfiene Pungus Fenny Riski Diana Fistyarahma Nurshinta