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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Hendrarto Hadisuryo
Universitas Brawijaya
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Urgency of the Regulation of No-Charge Service by Land Deed Officials (PPAT) for the Incapables Eva Rahayu; Muktiono; Hendrarto Hadisuryo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.267

Abstract

The obligation of Land Deed Official (PPAT) to provide services without charging a fee to someone who cannot afford it, as regulated in the Republic of Indonesia Government Regulation No.24 of 2016 concerning amendment Government Regulation No. 37 of 1998 concerning Land Deed Official (PPAT) Position Regulation, lacks restrictions in the regulation results in the blurring of norms. The need for definite regulation is necessary considering that the legal basis for providing free services is only stipulated in one article, and if interpreted, it might not be strong enough to become the basis for the implementation of the Land Deed official’s obligation. In addition to the non-regulation of standardization for the person unable to pay, another factor is that the current regulations are no longer relevant when observed from the phenomena occurring in society today. Thus, the issue in this research is the urgency of legal arrangements regarding the obligations of Land Deed Officials in providing services without charging a fee to someone who cannot afford it. The aims of this research are directed to analyze and formulate the urgency of regulation implementation as well as the legal protection provided by the government towards less privileged people. It was to determine whether the regulation remains relevant in its implementation. This research used normative legal research as a method with the Legislative Approach and Conceptual Approach.
Legal Protection for Prospective Notaries Against Unfinished Notary Obligations When the Notary Dies Artha Munnofa; Istislam; Hendrarto Hadisuryo
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.356

Abstract

The death of a notary before completing his or her duties can cause legal problems, especially since unsigned deeds are not included in the notary protocol as per the Explanation of Article 62 of UUJN-P. This threatens the rights of prospective notaries, including down payments and important documents that have been submitted. UUJN-P does not regulate the duties of a notary who dies while performing his/her duties or who is responsible for completing those duties. While Article 1 point 2 and Article 35 paragraph (3) of UUJN-P explain that temporary notary officials are in charge of replacing notaries who die while on leave, there is no provision for notaries who die while on duty. Article 35 paragraph (1) of UUJN-P only requires the notary's heirs to report the death to the MPD, without the obligation to continue the unfinished deed. This creates a norm void that has the potential to harm prospective notaries. Therefore, legal protection for prospective confrontants is needed to overcome this norm vacuum and prevent material losses. In order to analyze the problems in this study, a normative juridical research method is used, namely research by examining formal regulations such as legislation, literature that is theoretical in nature to then be related to the problems discussed. in examining legal issues related to legal protection for the faces of the unfinished duties of the Notary's office when the notary dies is based on the existence of legal uncertainty in the laws and regulations related to the notary's office, that there is a norm vacuum against the completion of the unfinished duties of the Notary's office when the notary dies. The results of the research in brief are that legal protection for prospective notaries when the notary dies before completing his duties is important to protect their rights. Internal protection in the form of a written agreement between the notary and the prospective confrontant before the deed is made serves as proof of document deposit and down payment.
Co-Authors Artha Munnofa Eva Rahayu Istislam Muktiono