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All Journal International Journal of Educational Research and Social Sciences (IJERSC)
Dyah Kusumawati, Erna
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis On Court Decision No 147/Pid.B/2022/Pn Denpasar On Notary Liability In Adopting Minutes Of Extraordinary General Meeting Based On Circular Resolutions Inconsistent With Actual Facts Adi Kusuma, Hanif; Hartiwiningsih, Hartiwiningsih; Dyah Kusumawati, Erna
International Journal of Educational Research & Social Sciences Vol. 5 No. 3 (2024): June 2024 ( Indonesia - Ethiорiа - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i3.825

Abstract

The Purpose Of This Research Is To Analyze And Examine The Accountability Of A Notary As The Creator Of The Minutes Of An Extraordinary General Meeting Of Shareholders Based On A Circular Decision That Does Not Reflect The Actual Facts. The Type Of Research Used In This Study Is Normative Legal Research. The Research Conducted By The Author Is Prescriptive In Nature. The Approaches Used In This Research Are The Statutory Approach And The Case Approach. The Types Of Legal Materials Used In This Study Are Primary Legal Materials And Secondary Legal Materials. In An Effort To Find And Collect The Necessary Data, This Research Uses The Technique Of Collecting Library Research Or Document Study. The Analysis Technique Used In This Research Is The Syllogism Method Using Deductive Thinking Patterns. The Results Of This Research Indicate That The Accountability Of A Notary As The Creator Of The Minutes Of An Extraordinary General Meeting Of Shareholders Based On A Circular Decision That Does Not Reflect The Actual Facts Can Be Qualified As An Unlawful Act Due To Negligence As Regulated In Article 1365 Of The Civil Code, Which Regulates The Notary's Civil Liability Or Sanctions Against The Notary To Compensate For The Losses Suffered By The Disputing Parties Due To Such Unlawful Acts. Based On This, The Accountability Of The Notary Who Has Been Convicted For Violating The Provisions Of Article 264 Paragraph (1) In Conjunction With Article 55 Paragraph (1) Number 1 Of The Criminal Code In The Making Of The Minutes Of The Egm Also Constitutes Administrative Violations For Violating The Obligations Of A Notary In Carrying Out His Duties And Responsibilities As Regulated In Article 16 Paragraph (1) Letter A Of The Notary Law As Well As Violating The Notary Code Of Ethics Article 3 Paragraph (2), (3), (4).
The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia Thalia Salsabilla, Tadisa; Taruno Muryanto, Yudho; Dyah Kusumawati, Erna
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.901

Abstract

The purpose of this article is to analyze the legal position of prenuptial agreements in mixed marriages regarding land rights. The type of research used is normative legal research that investigates the systematics of law. This systematic legal research is conducted on laws and regulations or laws that are in accordance with the topic raised. The results of the study indicate that making a prenuptial agreement for the separation of property in mixed marriages is an effective way to resolve cases related to land rights in mixed marriages. Settlement of land ownership disputes in mixed marriages without a prenuptial agreement in Indonesia is by filing a request for separation of property by one of the husband and wife to the court according to their relative competence. This shows that without a prenuptial agreement, the legal process to protect land rights becomes more complex and requires court intervention. Therefore, a prenuptial agreement is considered important because it provides a more efficient path. According to the author, this settlement is the only best and legal way in the eyes of the law.
Co-Authors Adi Kusuma, Hanif Hartiwiningsih Hartiwiningsih Taruno Muryanto, Yudho Thalia Salsabilla, Tadisa