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All Journal Literatus ARBITER: Jurnal Ilmiah Magister Hukum International Journal of Business, Law, and Education Journal of Law & Policy Review
Agustining, Agustining
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Pembatalan Akta Jual Beli Tanah Atas Dasar Perbuatan Melawan Hukum Berdasarkan Putusan Pengadilan (Studi Kasus Putusan Pengadilan Tinggi Denpasar Nomor 63/PDT/2020/PT.DPS) Marito, Bintang; Tony, Tony; Agustining, Agustining; Ketaren, Marianne Magda
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.266

Abstract

This research uses a normative juridical approach method, with the data used is secondary data, namely data that supports information or supports the completeness of Primary Data obtained from libraries and the author's personal library collection carried out by means of library or literature studies. Data analysis used normative analysis, that is, the collected data is expressed in the form of a logical and systematic description, then analyzed to obtain clarity in solving the problem, then conclusions are drawn deductively, namely from general matters to specific matters. Based on the results of the research, it can be seen that the validity of the Deed of Sale and Purchase Number 619/2012 is considered to be legally flawed in subjective terms because of fraud or engineering fraud, mistakes, lies or deception is related to to whom the sale and purchase transaction of the disputed object should be carried out. The result is that the transfer of the Certificate of Ownership Number 2636/Sukawati Village is declared invalid and does not have binding legal force, so in this case the Plaintiffs are still the legal owners of the disputed object.
Saksi Pejabat Notaris dalam Persidangan Perdata: Studi Kasus Pengadilan Negeri Semarapura Bali Nomor 53/Pdt.G/2020/PN.SRP Tanggal 05 November 2020 Silaen, Petrus Edison; Kamelo, Tan Edison; Agustining, Agustining; Sidabariba, Burhan
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.316

Abstract

Notaries/PPAT can act as plaintiffs' witnesses if they are aware of incidents that become the core of disputes beyond their notarial duties. This study discusses the presence of Notaries/PPAT as plaintiffs' witnesses based on Civil Law and Law Number 2 of 2014 concerning the position of Notaries. A case study was conducted on the decision of the Semapura Bali District Court Number 53/PDT.G/2020/PN.SRP on November 5, 2020. This research is normative legal and socio-legal research with a descriptive-analytic approach. Data were collected from secondary and primary sources and analyzed qualitatively. The results show that the presence of Notaries/PPAT as plaintiffs' witnesses considers Civil Law and the Law concerning the position of Notaries/PPAT. The presence of Notaries/PPAT as plaintiffs' witnesses can be rejected based on the right of refusal regulated by the law. The Notary Honorary Board (MKN) acts as legal protection, assesses the authority of Notaries/PPAT, and maintains confidentiality by legal provisions. The role of Notaries/PPAT as a witness in court is to provide legal explanations.
Analisis Yuridis Pemblokiran Sertifikat Tanah Ditinjau Dari Peraturan Menteri Agraria Dan Tata Ruang/Kepala Badan Pertanahan Nasional Rizki, Mohd. Arif; Purba, Hasim; Sutiarnoto, Sutiarnoto; Agustining, Agustining
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3058

Abstract

This article aims to present a study of Indonesian law regarding ownership of land rights. The research was carried out using the library research method, namely document study, by collecting and studying legal books, literature, scientific writings, statutory regulations, and other readings related to the writing of this thesis, and the documents studied were decisions decision in court. Data analysis in this research was carried out qualitatively; that is, the data obtained was then compiled systematically and then analyzed qualitatively to achieve clarity on the problems discussed. This research is descriptive and analytical, revealing statutory regulations related to legal theories that are the object of research, as well as the implementation of these laws in society. The data analysis method is used to produce analytical descriptive data, namely what respondents express in writing or orally and also their real behavior, as researched and studied as a whole. The results of the research explain that legal protection against certificate blocking consists of two forms, namely preventive in the form of prevention and repressive in the form of resolution through the courts. The legal extension of blocking a certificate holder is that the certificate holder cannot take legal action in the form of recording or registering confiscations, while the legal consequence of blocking a certificate is that data maintenance and land registration activities cannot be carried out.
Penerapan Prinsip Mengenali Pengguna Jasa bagi Notaris menurut Undang-Undang Nomor 2 Tahun 2014 Syafira, Rizki Putri; Purba, Hasim; Agustining, Agustining; Suprayitno, Suprayitno
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3913

Abstract

Notaries play a crucial role in making authentic deeds by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions (UUJN-P). This research uses normative legal research methods with a descriptive nature, collecting data through literature research and field studies. The results show that the application of the Principle of Recognizing Service Users (PMPJ) by Notaries has become important in notary practice, especially after the issuance of the Minister of Law and Human Rights Regulation Number 9 of 2017. Despite the dilemma between maintaining the confidentiality of client information and complying with PMPJ principles, steps have been taken to ensure compliance with applicable regulations, including reporting suspicious transactions to the Financial Transaction Reporting and Analysis Center (PPATK) if necessary. Thus, the application of PMPJ principles by Notaries is essential in maintaining integrity and compliance with applicable regulations in notary practice.
Criminal Responsibility of Notary as a Consequence of Producing an Authentic Deed Judging from the Notarial Official Authority Within the Law on Notary Profession Agustining, Agustining
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1802

Abstract

A notary is a public official who works based on the authority according to the Notary Law (UUJN). The authority of a notary is regulated, among other things, in Article 15 (1) of the UUJN. A notary has the authoritymake authentic deeds regarding all acts, agreements, and determinations required by laws and regulations. The problem is that notaries as public officials generally work in the realm of civil legal acts. However, in carrying out duties mandated by law and of a civil nature, in public office notaries can be held criminally responsible in criminal courts, either as witnesses or even as suspects and convicts due to the deeds they make. The conflicting situation of das sollen versus das sein requires a ratio legis. For this reason, this research was conducted using a legal research method, with complementary support in the form of empirical data, the results of observations on data from 111 notaries in North Sumatra who were involved in casescriminal in that area. The study found that the presence of a notary in providing criminal responsibility is possible, with the approval of the Regional Notary Honorary Council (MKNW), as happened in 2023. Approval from the MKNW is given after being requested by Law Enforcement Officers (APH). The authority to provide approval from the MKNW is in order to carry out the mandate of Article 66 (1) of Law No. 2 of 2014 in conjunction with the Minister of Law and Human Rights RegulationNo. 17 of 2021; among others, to carry out notary guidance through granting or refusing approval requested by APH to allow notaries to be held criminally responsible in the investigation, prosecution and trial process. However, the authority to grant MKNW permits still seems less able to reduce the number of indications of notary involvement in a criminal act related to a deed made by a notary.
Land Execution as Collateral in Debt Agreement Default: A Case Study of Decision No. 65/PDT.BTH/2022/PN KDI Devinny, Kelly; Agustining, Agustining; Azharuddin, Azharuddin; Rivai, Yasdan
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1283

Abstract

This study aims to analyze the implementation of land execution as collateral in a debt agreement when the debtor is in default, using the Kendari District Court Decision Number 65/Pdt.Bth/2022/PN Kdi as a case study. The background of this study stems from the persistent legal disputes between creditors and debtors regarding the mechanism for executing collateral objects in the form of land, particularly when the agreement lacks a valid material guarantee or violates the principles of contract law. The research adopts a normative juridical approach by examining relevant legal provisions, including the Civil Code, Law No. 4 of 1996 concerning Mortgage Rights, as well as doctrines and jurisprudence related to collateral execution. In addition, an empirical juridical approach was employed to evaluate the practical application of these legal norms in the Kendari District Court. Data were collected through literature review, decision analysis, and interviews with parties familiar with the case. The findings indicate that the execution of land as collateral for debt in this case was conducted through a request for an execution order after the debtor was proven to be in default. However, the process encountered obstacles due to the absence of a valid mortgage deed as the legal basis for execution. The judge, in rendering the decision, upheld the principles of justice and legal certainty by rejecting the execution request and emphasizing that a debt agreement not accompanied by a valid mortgage deed cannot serve as the legal foundation for executing the land object.
Co-Authors Azharuddin Azharuddin, Azharuddin Devinny, Kelly HASIM PURBA Kamelo, Tan Edison Ketaren, Marianne Magda Marito, Bintang Rivai, Yasdan Rizki, Mohd. Arif Sidabariba, Burhan Silaen, Petrus Edison Suprayitno Suprayitno Sutiarnoto Sutiarnoto Syafira, Rizki Putri Tony Tony