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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 Journal of Political And Legal Sovereignty
Renaya, Nengah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
LEGAL STATUS OF AUTHENTIC DEED CONFIDENTIALITY DRAFTED BEFORE NOTARY WITH SWORN TRANSLATORS Cahyadi, Gede Dwiki; Sukandia, I Nyoman; Renaya, Nengah
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3/601

Abstract

In Indonesia, authentic legal deeds must be written in Bahasa Indonesia as required by law. Notaries are responsible for maintaining the confidentiality of these documents according to the Notary Position Act and the Code of Ethics. When parties involved are not proficient in Bahasa Indonesia, a sworn translator is required to ensure the deed's authenticity and validity. The notary must oversee the accurate translation or explanation of the deed's contents, especially if they are unfamiliar with the language in which the deed is written. This research aims to examine and analyze the vagueness of legal norms regarding whether the confidentiality status of authentic deeds is still classified as confidential in the presence of a sworn translator in the deed drafting according to the Notary Position Act as well as the responsibilities of sworn translators regarding their participation for the sake of constitutional law. This research applies normative and literature review method with statutory and legal concept approach. The research findings indicate that the confidentiality of an authentic deed prepared by a notary with the assistance of a sworn translator is legally protected. Both the notary and the translator are bound by law to maintain the deed's confidentiality, with specific legal provisions requiring them to adhere to their professional ethics. Sworn translators are responsible for ensuring accurate translations and may face civil or criminal liability for breaches of confidentiality or inaccuracies in their work. This includes potential penalties under the Civil Code and Criminal Code for unlawful acts or false testimony.
GRANTING THE RIGHT OF USE ON FREEHOLD LAND TO FOREIGN CITIZENS IN BADUNG REGENCY Sumiati, Ni Kadek; Suwitra, I Made; Renaya, Nengah
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj/v3i3.603

Abstract

As a solution to address the interest of foreign citizens to own houses and land in Indonesia, the Government regulates this in Article 41 and Article 42 of Law No. 5/1960 (UUPA) as well as Government Regulation No. 18/2021 on Management Rights, Land Rights, Flat Units, and Land Registration. However, obtaining such rights requires time, significant costs, and the fulfillment of certain conditions. Often, foreigners are reluctant to engage in complicated and time-consuming processes, preferring the easy, cheap and fast way. In addition, there is a practice of land tenure by foreigners which in reality is considered a form of legal smuggling. Hence, this research aims to identify and analyze the granting of right of use on freehold land to foreign citizens in Badung Regency, as well as to identify and analyze the effectiveness of laws and regulations in granting right of use on freehold land to foreign citizens in Badung Regency. This research is juridical empirical, with primary data obtained through direct interviews with respondents and informants in the field, while secondary data is obtained through library research on primary, secondary, and tertiary legal materials. The research findings revealed that the implementation of the provisions on the granting of the right of use on freehold land for foreign citizens in Badung Regency has been effective, as the data suggest that foreign citizens in Badung Regency have obtained land rights in accordance with the provisions of the law.
Management of Tanah Laba Pura as a Supporting Facility for Tourism in Ubud Village Dewi, Ida Ayu Made Wahyuni; Suwitra, I Made; Renaya, Nengah
Randwick International of Social Science Journal Vol. 5 No. 4 (2024): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v5i4.1026

Abstract

ABSTRACT This paper aims to find an ideal concept in managing Tanah laba pura to support tourism and provide benefits for the temple itself and for tourism. The problems discussed are how the conversion of Tanah laba pura is used as a means of supporting tourism and how the legal protection of Tanah laba pura is used as a means of supporting tourism in Ubud Village. The type of research used is empirical legal research, with a statute approach, a conceptual approach, and a sociological legal approach. The sources of research data are primary and secondary data sources. Furthermore, it is analyzed using sociological or teleological interpretation analysis techniques. The results of the study show that the benefits of converting Tanah laba pura in Ubud Village are to repair and maintain the temple building, to cover all religious ceremonial activities of the temple such as piodalan, to help the krama desa in the cost of repairing and maintaining the temple building, and to support tourism facilities in improving the quality of tourism in Ubud. Legal protection of temple land used as a means of supporting tourism in Ubud Village is regulated in the Decree of the Minister of Home Affairs No. SK.556/DJA/1986, where temples are declared as state legal entities that can own land with ownership rights
Settings for Copies of Deeds Issued by Notaries in Agreements Between Indonesian Citizens and Foreign Citizens ANJANI, Mey; BUDIARTHA, I Nyoman Putu; RENAYA, Nengah
Journal of Political And Legal Sovereignty Vol. 2 No. 3 (2024): Journal of Political And Legal Sovereignty (July – September)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v2i3.244

Abstract

Purpose:Analyze the arrangements for copies of deeds issued by notaries in agreements between Indonesian citizens and foreign citizens, the validity of the copy of the deed and the legal consequences of copies of the deed in Indonesian and foreign languages which do not comply with the minutes of the deed.Methodology:The type of research used in this study is a type of normative legal research oriented to the absence of norms, conflicting norms and vagueness of norms. When associated with this study, this Normative research method leads to the vagueness of norms that regulate copies of deeds issued in Indonesian and foreign languages.Findings:Notaries are required to prepare minutes of the deed as a protocol and provide a copy of the deed to interested parties. In an Indonesian-foreigner agreement, a notary must ensure the legality of the copy in accordance with the law so that it still has evidentiary force. Minutes of the deed can be void by law (Nietig van Rechtswege) if they do not meet the formal requirements as an authentic deed or can be canceled (Vernietigbaar) if they do not meet the material requirements.Implication:Provide readers with an understanding of the regulation of copies of deeds issued by notaries in agreements between Indonesian citizens and foreign citizens and legal developments, especially for notaries, regarding the validity of copies of deeds and the legal consequences of copies of deeds in Indonesian and foreign languages that do not comply with the minutes of the deed.
Legal Analysis of the Use of Deed de Command as a Supporting Basis for Collateral Execution Liang Ning, Ni Luh Nita Mey; Mahendrawati, Ni Luh Made; Renaya, Nengah
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1747

Abstract

This article examines the Legal Analysis of the Use of Deed of Command as a Supporting Basis for Collateral Execution. The object of this research is the practice of using Deed De Command in the execution of collateral by creditors. The purpose of this study is to evaluate the legality, validity, and effectiveness of the use of Deed De Command in supporting the execution of collateral and its impact on creditor risk management. The research method used is normative law with descriptive analysis. The results of the study show that the Deed De Command has an important role in accelerating the execution of collateral and reducing Non-Performing Loans, although there is a gap in the norms in the regulations governing the use of the deed, which can cause legal uncertainty. In conclusion, the De Command Act is very relevant in accelerating the settlement of non-performing loans, but there needs to be regulatory updates to ensure legal certainty in its implementation
Co-Authors ANJANI, Mey Cahyadi, Gede Dwiki 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