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All Journal Jurnal Ilmu Kenotariatan
Dita Elvia Kusuma Putri
Gadjah Mada University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Bagi Notaris Terhadap Penyalahgunaan Keadaan Dalam Pembuatan Akta Autentik Rifandika Naufal Afif; Andi Muh Ihsan; Dita Elvia Kusuma Putri
Jurnal Ilmu Kenotariatan Vol. 5 No. 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47761

Abstract

In its development, the lawsuit for canceling e agreement due to the absence agreement as included in first condition Article 1320 of the Civil Code, is not limited to Article 1321 of the Civil Code, such as oversight, coercion and fraud, but in its development new reasons emerge, namely misbruik van omstandigheiden. In practice, raising questions related to classification can be categorized abuse of circumstances and the notary's responsibility in a deed that is proven to have an abuse of circumstances. This study to analyze the legal consequences of misuse of circumstances in making authentic deeds for notaries. The legal issues, are, 1) First, the criteria abuse circumstances in making an authentic deed, 2) Second, the responsibility of the notary an authentic deed which was canceled due to a misuse of circumstances. This research is a normative research with a statutory approach, a conceptual approach, and a case approach. Based on this research, it was found that First, the criteria for misuse of circumstances in a notarial deed include: a. There is a loss suffered by one party; and b. There was abuse of opportunity by the parties at the time of the agreement, both economic and psychological abuse. Second, the notary's responsibility in the event that the deed does contain misuse of circumstances, then according to the classification of the error, it must be seen whether there was an error, whether intentional by the notary or an error, due to negligence in doing certain things. KEYWORDS: Abuse of Circumstances, Notary, Responsibility of the notary.
Implementation Principle of Prudence in Using Intellectual Property Rights as Collateral for Bank Credit Agus Widyantoro; Dita Elvia Kusuma Putri
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

Government issued PP Number 24 of 2022, which regulates about riches intellectual as a debt guarantee object for financial institutions, banks or financial institutions non-banks to be able to provide financing to creative economy actors. But , in the practice Still there is problem related emptiness law on riches intellectual used as Banking debt guarantees , namely there is no basis for determining the economic value of an Intellectual Property Right , and if the debtor defaults there are obstacles to the execution of the Intellectual Property Right. Problems the cause uncertainty law and consequences institution finance No accommodate use Property Rights Intellectual as object guarantee . Formulation problem in study This are : 1) Position of Property Rights Intellectual Property as guarantee credit Banking in Indonesia, and 2) Realization principle caution in placement of Property Rights Intellectual Property as guarantee credit Banking . The research method of this article is legal research with a regulatory approach and a conceptual approach. The results of this article are first, HKI can be used as an object of fiduciary guarantee and the general fiduciary provisions apply because HKI is a movable object. The mechanism embodiment principle caution in placement of Property Rights Intellectual Property as guarantee credit banking , can done with analysis of the 5 C principles, namely character , capacity , capital , collateral , and condition of economy
Co-Authors Agus Widyantoro Andi Muh Ihsan Rifandika Naufal Afif