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PERTANGGUNGJAWABAN NOTARIS TERHADAP PEMBUATAN AKTA BERITA ACARA RAPAT UMUM PEMEGANG SAHAM YANG TIDAK MEMENUHI KUORUM KEHADIRAN Hamasah Ramadhani Hadid; Anriz Nazaruddin Halim; Amelia Nur Widyanti
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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Abstract

This study aims to analyze the notary's responsibility for making a deed of minutes of the General Meeting of Shareholders (GMS) that does not meet the attendance quorum. This research uses a juridical-normative research method with a statute approach, analysis approach, and case approach. The data is analyzed qualitatively by reviewing applicable legal regulations and related court decisions. This research uses 2 (two) theories, namely the theory of Legal Effects according to Soeroso and the theory of Responsibility according to Hans Kelsen. The legal problems discussed in this thesis are how the legal consequences of the deed of Minutes of the General Meeting of Shareholders that does not meet the attendance quorum made by the Notary and how the notary's responsibility for making the deed of Minutes of the General Meeting of Shareholders that does not meet the attendance quorum.The results showed that the making of a deed of GMS minutes without fulfilling the attendance quorum can lead to legal uncertainty and potentially harm shareholders. In addition, notaries as public officials making deeds have an obligation to ensure that every deed made is in accordance with applicable legal provisions, as stipulated in the Notary Position Law. Therefore, a deeper understanding is needed for notaries in carrying out their duties, as well as increased supervision and legal counseling to ensure legal certainty and protection for shareholders and avoid potential disputes in the future. The difference with previous studies is that this study specifically discusses the notary's responsibility for making the deed of minutes of the GMS that does not meet the attendance quorum, while other studies discuss the role of notaries in the GMS.
Legal Protection for Land Rights Holders Included in the Toll Road Development Project Plan Accompanied with Compensation Adhie Charisma, Restu; Anriz Nazaruddin Halim; Taqiyuddin Kadir
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3659

Abstract

One of the issues that currently arises is related to the fulfillment of community needs in the concept of social functions, namely land acquisition for development in the public interest.  On the other hand, land rights holders whose land will be used for development in the public interest should not be disadvantaged and ruled out at all. To support this, the government provides a legal basis so that the release of land rights used for the public interest must also pay attention to the aspect of balanced compensation. The formulation of the problem in this study, How is the settlement of disputes over the construction of toll roads on the value of compensation to land rights holders and How is the Legal Protection of land rights holders related to compensation disputes in toll road construction projects, the theory used in this study is the Theory of Legal Protection, according to Philipus M. Hadjon and the theory of dispute resolution according to Yahya Harahap. The method used in the research, namely, normative juridical research, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The approach in this research is, namely, the approach of legislation, conceptual approach and case approach and the technique of collecting legal materials is done by means of document studies or library materials, observation or observation and interviews or interviews. For legal material analysis techniques carried out by Grammatical, Systematic, and Legal Construction Interpretation. Research results show that the settlement of toll road construction disputes over the value of compensation to land rights holders can only be done through judicial institutions that have an independent nature. Settlement of land acquisition disputes for the public interest must have special material and formal law. Settlement of land acquisition disputes for the public interest cannot be carried out unilaterally only by the government which has equality with land rights holders and legal protection of land rights holders related to compensation disputes in toll road construction projects must be in accordance with applicable law. Land rights are considered as constitutionally protected private property rights. Land is considered as an object that has a closed nature based on laws and regulations.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI (AJB) YANG CACAT HUKUM DIKAITKAN PEMBERIAN SANKSI DALAM PELAKSANAAN JABATAN Pratiwi, Novita; Anriz Nazaruddin Halim; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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Abstract

The deed of sale and purchase (AJB) which is legally flawed due to PPAT negligence creates legal uncertainty (dassein), whereas the deed of sale and purchase (AJB) should guarantee legal protection and certainty over land rights (dassollen). This requires the enforcement of responsibility and the imposition of sanctions to maintain the integrity of the land system. This study raises two problems, namely (1) how the responsibility of the land deed officer (PPAT) to the deed of sale and purchase (AJB) containing legal defects associated with sanctions in the exercise of office and (2) how the legal certainty of the deed of sale and purchase (AJB) made by the land deed officer (PPAT) containing legal defects, using the theory of legal responsibility according to Hans Kelsen and The Theory of legal certainty according to Satjipto Rahardjo. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. And legal construction using analogy construction method and Argumentum a Contrario. The result of this study is a defective deed of sale (AJB) creates uncertainty and reduces the strength of evidence. The Office of the land deed maker (PPAT) who is negligent can be held accountable. Legal protection aims to ensure people's rights through prevention (preventive) and repression (repressive).
Kepastian Hukum Atas Jual Beli terhadap Pembeli yang Belum Melakukan Balik Nama Berdasarkan Peralihan Hak yang Dibuat di Bawah Tangan: Penelitian Rizky Kurnia Sani; Anriz Nazaruddin Halim; Refki Ridwan
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 1 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 1 (Juli 2025 -
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i1.2589

Abstract

Sale and purchase transactions serve as one of the legal mechanisms through which individuals may acquire land ownership. The research method employed is normative juridical. The findings of this study reveal that title transfer based on private transactions that have not been registered by the buyer cannot be directly executed, as it fails to meet the formal legal requirement of an authentic deed issued by a Land Deed Official (Pejabat Pembuat Akta Tanah, PPAT) as the legal basis for the transfer of land rights. Private agreements hold evidentiary value only as civil contracts and cannot independently serve as a valid legal basis for the transfer of land title in official land records. In order for the buyer to obtain legal recognition and certainty, further legal steps are required, including the preparation of an official sale and purchase deed, fulfillment of administrative requirements, and registration of the transfer of rights at the local land office. Consequently, legal certainty for buyers who have not yet conducted title transfer based on a private deed remains legally vulnerable.