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All Journal Jurnal Notariil Randwick International of Social Science Journal Journal of Law, Poliitic and Humanities Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law Journal of Political And Legal Sovereignty
Renaya, Nengah
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Notariil

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NOTARY AUTHORITY AS A CLASS II AUCTION OFFICIAL IN THE PERSPECTIVE OF THE NOTARY OFFICE ACT Santika, Ida Bagus Agung Putra; Renaya, Nengah; Mahaputra, Kresna Yoga
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.2.2023.98-104

Abstract

This study aims to determine the authority of a Notary as a Class II Auction Officer in the perspective of the Notary Position Act and to determine the legal consequences for a Notary who makes a minute of an auction who is not a Class II Auction Officer. This study employs normative legal research, utilizing the Legislation approach and Legal Concept Analysis (both analytical and conceptual approaches) as well as the Legislative Approach (statute-based approach). The results of this study are the harmonization of authority arrangements for Making Auction Minutes in terms of the Notary Position Act and auction regulations can be carried out using the lex specialist derogate legi generalist principle which is used in the Auction Rules as the basis for the authority to make Auction Minutes, which is contained in the Auction Officer, not the Notary. Although a Notary may be appointed as a Class II Auction Officer according to Article 7 of the Auction Instruction jo. PMK Class II Auction Officer, but the authority is given in the capacity of a Notary as a Class II Auction Officer who has been appointed by the Minister of Finance. Because a notary who has not been appointed as a Class II Auction Officer is not allowed to make a Minutes of Auction. The legal consequences for a Notary who makes auction minutes who is not a Class II Auction Officer will result in the degradation of the status of the auction minutes from an authentic deed to an auction minute which is only a private deed. The degradation of the status of the auction minutes from an authentic deed to a private deed will of course have other legal consequences, namely if the auction minutes are degraded into a private deed, then the auction minutes will no longer have perfect evidentiary power like an authentic deed.
AUTHENTIC DEED OF AUTHORITY TO SELL INDEPENDENTLY IN MAKING A DEED OF SALE AND PURCHASE Girinatha, Dewa Gede Wibhi; Renaya, Nengah
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.2.2023.82-91

Abstract

The Deed of Authority to Sell Independently is akin to a power of attorney, which grants someone the authority to act on another's behalf. In land transfers, this authorization must be made before a Notary, a public official responsible for authentic deeds and their validity, including providing copies and excerpts as per Article 15 paragraph (1) of UUJN. The purpose of this study was to study the process of making a Deed of Sale and Purchase deed using an Authentic Deed of Authority to Sell Independently and registration of the transfer of land rights based on an Authentic Deed of Authority to Sell Independently at the Land Office. The research method used is the normative research method. The results of this study showed that the Authentic Deed of Authority to Sell Independently can be used in making a sale and purchase deed if it meets the specified conditions. In addition, the Authentic Deed of Authority to Sell Independently can also be used in registering the transfer of land rights at the Land Office.
Co-Authors ANJANI, Mey Cahyadi, Gede Dwiki DEVI, Ni Kadek Candra Nanda Dewi, Ida Ayu Made Wahyuni Girinatha, Dewa Gede Wibhi I Made Suwitra, I Made I Nyoman Putu Budiartha I Nyoman Sukandia Liang Ning, Ni Luh Nita Mey Luh Made Mahendrawati Mahaputra, Kresna Yoga Santika, Ida Bagus Agung Putra Sumiati, Ni Kadek