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Journal : Jurnal Nuansa Kenotariatan

Penerapan Asas Kebebasan Berkontrak Dalam Pembuatan Perjanjian Outsourcing Dan Perjanjian Kerja Waktu Tertentu Johan Rofi; Udin Narsudin; Zulkarnain Koto
Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i1.148

Abstract

Implementation of outsourcing involves 3 (three) parties namely labour providers, labour outsourcing companies, and labour itself. Therefore, the need for a regulation so that the parties involved no one is harmed, especially outsourcing workforce. The problem of this thesis is how the practice of outsourcing agreement for certain time in Bank BRI still causing uncertainty to employees and how the legal implication of its workers’ status null and void, pursuant to Article 15 KEP.100/MEN/VI/2004, then the status of employees will be the UTWA (Uncertain Time Working Agreement) or permanent worker for the company of the service user. The results of this study indicate that the Agreement that one of his party has a predominantly dominant position is expected to provide a balanced portion in seeking maximum benefit from the existence of an outsourcing agreement. Rights and obligations show the legal relationship between the company with the workforce, where both parties are jointly bound in the agreement of work in mutual agreement. Unauthorized termination of employment, therefore the contents and terms of the employment agreement between the parties must be made in balance with the agreement of the parties to determine the content, and the terms of the agreement. So that between the rights and obligations between the party become clear and balanced with a balanced portion and has become an agreement for the parties in making the agreement.
Perlindungan Hukum Atas Kreditur Yang Menggunakan Jaminan Personal Hendra Yakub; Fauzie Yusuf Hasibuan; Udin Narsudin
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.160

Abstract

Personal guarantees embodied in the agreement do not stipulate special conditions that require the guarantor to submit something tangible which will make it easier for the creditor to take action if the debtor defaults and guarantor breaks promises, this is what makes the underwriting agreement less meaningful or meaningful in its function as collateral which is manifested in a separate deed, individual guarantee seems to be only a moral obligation. The method used in this research is normative juridical research, the data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis, it was done by using qualitative juridical analysis method. The research results show that, it is still difficult to ask for the credit agreement arrangement and the provisions in the clause or individual guarantee conditions that can provide legal protection for creditors. In the implementation of billing bad credit through personal guarantees through the court by executing confiscation of guarantees against the assets of the personal guarantor, the results have not been optimal, because the personal guarantee agreement does not include information on the assets of the insurer and clauses that are compelling or binding on the assets of the insurer, so that in practice the court will have difficulty executing the property of the personal guarantor.
Pertanggungjawaban Notaris Dalam Pembuatan Berita Acara Rapat Umum Pemegang Saham Perseroan Terbatas Sumiany Sirait; Udin Narsudin
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.157

Abstract

The existence or presence of a Notary cannot be separated from the public as the answer to the need for evidence in writing, especially in the form of authentic deeds as the evidence of acts they have committed. The method used in this study is normative juridical legal study supported by juridical empirical approach. The results of the study show that the minutes of general meeting of a limited liability company made by a Notary may be cancelled by the Court if the making process is not in compliance with the applicable regulations of law, so that the notary shall be responsible whether civilly, administratively, or in terms of Law on Position of Notary and professional code of ethics and criminally (if they are proven to have given false information/involved in committing an unlawful act).
Pembagian Harta Bersama Dalam Perceraian Suku Batak Toba Yang Menganut Kepercayaan Parmalim Verlyta Swislyn; Udin Narsudin; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.174

Abstract

In the Batak Toba tribe which impressed traditional, it has stronger and more strict rules of customs in terms of the distribution of shared assets. Before the emergence of Batak Toba which embraced Christianity, the belief of Parmalim, Parmalim was a spiritual movement to maintain ancient customs and beliefs that were threatened due to the new religion brought by the Dutch. The Batak Toba have a very strong regulation in terms of divorce, almost in Batak Toba households do not know of divorce, but when there is a divorce in the Batak Toba tribe that still adheres to the belief of Parmalim, it is very interesting to study further about the marriage carried out in customs until the divorce was carried out in accordance with the rules of the Batak Toba customs which had the trust of Parmalim up to the distribution of joint assets carried out in a customary manner. The method used in this study is normative juridical supported by empirical jurisdiction. The results of the research, it can be obtained how the sharing of joint assets due to divorce in the Batak Toba tribe which adheres to the belief of Parmalim, disputes regarding joint assets, the resolution of disputes through the customary elders deliberation and the results of deliberation are the applicable laws, as well as factors faced in the distribution of together assets there are internal and external factors