Fitra Deni
Universitas Pancasila

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Akibat Hukum Batalnya Akta Sewa Menyewa Menurut Gugatan Actio Pauliana dalam Kepailitan Fazahra Arlia Putri; Jum Anggriani; Fitra Deni
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.908

Abstract

The importance of the curator's role in the process of managing and settling bankrupt assets cannot be separated from the legal actions carried out by the bankrupt debtor to transfer assets included in the bankrupt estate to another party before being declared bankrupt by the court. The problem in this study is regarding the position of the lessee due to the cancellation of the lease deed based on the action Pauliana lawsuit in Decision Number 43 / Pdt.Sus-Other Lawsuits / 2023 / PN.Niaga.Smg and the responsibility of the Notary due to the lease deed being null and void by law based on the action Pauliana lawsuit in Decision Number 43 / Pdt.Sus-Other Lawsuits / 2023 / PN.Niaga.Smg. This thesis, using normative legal research method (library) with qualitative analysis of secondary data to obtain conclusions about the position of the lessee due to the cancellation of the lease deed based on the action Pauliana lawsuit in Decision Number 43 / Pdt.Sus-Other Claims / 2023 / PN.Niaga.Smg, namely not as any creditor (separatist, preference, concurrent) in the bankruptcy of PT. Lanisantoso Setiabudi, Andri Santoso & Lani Haryati. This is because the Panel of Judges decided and stated that Defendant I, Defendant II and Defendant III must return the money amounting to Rp. 2,500,000,000, - (two billion five hundred million rupiah) to Defendant IV in full and immediately. The Notary's liability due to the lease deed being null and void based on the Pauliana action lawsuit in Decision Number 43/Pdt.Sus-Other Claims/2023/PN.Niaga.Smg, can be requested according to the code of ethics with sanctions in the form of written warnings, temporary suspension, honorable dismissal and dishonorable dismissal. Civil, by filing a lawsuit for compensation to the District Court experienced by the tenant due to the lease deed made before the Notary being null and void.
Perlindungan Hukum Terhadap Notaris yang Melaporkan Pihak-Pihak dalam akta yang Terindikasi Tindak Pidana Pencucian Uang (TPPU) Nadya Yusvira; Fitra Deni; Yoga Satrio
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.924

Abstract

This research is a decision of application of the obligation for notary to report about money laundering, where If we examine and analyze the definition of a Notary as stated in Article 1 of Law Number 2 of 2014 concerning the Amendment to Law Number 30 of 2004 on the Position of Notary, the definition of a Notary is a Public Official who has the authority to create authentic deeds and other authorities based on further regulations. In carrying out their duties, a Notary, in accordance with their oath of office, has an obligation as stated in Article 16, paragraph 1 of Law Number 2 of 2014, which stipulates that a Notary, in performing their duties and position, must act with trust, honesty, caution, independence, impartiality, and protect the interests of the parties involved in the legal act. In interpreting Article 16, paragraph 1 of Law Number 2 of 2014, the clause "…protect the interests of the parties involved in the legal act" is often understood to mean that the Notary must guarantee the confidentiality of the interests of the prospective users of their services who are about to engage in a legal act. From the interpretation of Article 16, paragraph 1, many parties, including the author, interpret this as meaning that the notary must keep confidential the deed that will be made, as well as the identity of the prospective service users. There are also instances where some prospective users of notary services misuse or misinterpret the clause in Article 16, paragraph 1 to engage in unlawful acts. Some individuals believe that they are protected by the Notary Law and can easily commit illegal acts. One such illegal act is money laundering, where many service users take advantage of the notary to transfer assets used for committing money laundering offenses. Therefore, based on Article 17 of Law Number 8 of 2010, a notary is mandated to report any suspicious actions by their service users if the notary believes that the service user is involved in money laundering. However, this mandate in Law Number 8 of 2010 contradicts the provisions in Articles 4 and 16, paragraph 1 of the Notary Position Law, where a notary is required to maintain the confidentiality of the parties involved. However, when viewed in light of the lex specialis systematic principle, based on the public interest principle and the mandates of the 4th and 5th Pancasila, a notary must comply with the Anti-Money Laundering Law.