Firman Tongke
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Implikasi Kewenangan Mendagri Dalam Membatalkan Perda Pasca Putusan Mahkamah Konstitusi Republik Indonesia Karman Jaya; Firman Tongke
Prosiding SISFOTEK Vol 7 No 1 (2023): SISFOTEK VII 2023
Publisher : Ikatan Ahli Informatika Indonesia

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Abstract

The basic problem of this research is how judges consider and the legal implications in decisions regarding the revocation of the Minister of Home Affairs' authority in canceling Regency/City Regional Regulations and this type of research uses a type of library research which is also called library research, namely research that emphasizes the source of information from legal books, journals and literature related or relevant to the object of study. The data sources for this research come from primary legal materials. This research comes from reading literature, including reading books, historical manuscripts, mass media reading sources and other reading sources. The results of this research show that the review of statutory regulations under the law is within the power of the Judiciary. This can be seen constitutionally that the Court Agung has the authority to review statutory regulations under the Law against this Law as a form of implementation of the mandate of Law Number 48 of 2009 concerning Judicial Power which replaces Law Number 4 of 2004 in Article 20 paragraph (2) stated, “The Supreme Court has the authority to: b. test the statutory regulations under the law against the law”. The existence of judicial review in a rule of law state is one of the conditions for the establishment of the rule of law itself, as stated in Article 1 paragraph (3) of the 1945 Constitution.
Peran dan Tanggung Jawab Notaris/PPAT Terhadap Pembuatan Akta Jual Beli Andi Ismayana Wahid; Firman Tongke
Prosiding SISFOTEK Vol 7 No 1 (2023): SISFOTEK VII 2023
Publisher : Ikatan Ahli Informatika Indonesia

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Abstract

Notary and PPAT are the world of theory and practice. Where a notary has authority and responsibility that will continue to attach to him even if the notary has retired. In making authentic deeds, Notaries are ordinary people who sometimes make mistakes or mistakes which can cause losses to the parties, whether intentionally or unintentionally. If something like this happens, is the notary obliged to take responsibility? And to what extent are the roles and responsibilities of notaries as public officials in making authentic deeds in accordance with Law Number 30 of 2004 concerning the Position of Notaries in conjunction with Law Number 2 of 2014 concerning the Position of Notaries? The type of research that the author uses in preparing this legal writing is library legal research, this type of research is also called normative legal research. If the notary makes mistakes and makes negligence in making an authentic deed, then the notary can be held responsible for all the mistakes he made from a civil perspective, namely paying compensation, then responsibility from an administrative perspective, if proven to have made a mistake, he can be subject to sanctions in the form of a written warning, temporary dismissal, dishonorable dismissal, whereas from the perspective of criminal law, if it is proven that you intentionally and knowingly made and collaborated in the making and signing of a fake deed, you will be charged with the crime of being a part of deed falsification.