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<![CDATA[Pergeseran Kekuatan Akta Autentik Serta Kewenangan Notaris Dalam Pembuatan Akta Pendirian Koperasi (Pasca Putusan Mahkamah Konstitusi No. 28/PUU-XI/2013) ]]>
<![CDATA[Muhammad Gondo Ratangin]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art8
<![CDATA[AbstractThis study describes the legal force Establishment of Cooperative deed of Notary after the Constitutional Court ruling No. 28 / PUU-XI / 2013, as well as analyzing the legal implications of the Minister of Cooperatives and SMEs towards authority in making Cooperation Deed Notary. This research is a field research by using juridical empirical approach. The study concluded, first: the power of cooperative law deed of Notary after the Constitutional Court ruling No. 28 / PUU-X / 2013 resulted in a shift in the regulations regarding cooperatives for the time that is returned to Act No. 25 of 1992 concerning Cooperatives until enactment of the new law. Therefore, the whole procedure and the establishment of cooperatives from the date of repeal of Act No. 17 of 2012 concerning Cooperatives by the Constitutional Court back in Act No. 25 of 1992 concerning Cooperatives and all implementation regulations. Secondly, the implications of Ministerial Decree No. 98 / KEP / M.KUKM / IX / 2004 regarding Notary Public as Cooperation Deed, making Notary public official authority in this case to serve the public in the process of making authentic evidence in accordance with the authority granted by UUJN- P, is limited, because the authority of the notary is a deed authentic under the Act, unless another Specifies Act.Keywords: Notary, NPAK, cooperatives, shift deeds, deed of cooperation]]>
<![CDATA[Dualisme Kewenangan Pemeriksaan Dugaan Pelanggaran Kode Etik Notaris ]]>
<![CDATA[Muhammad Khalid]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art3
<![CDATA[AbstractProblems in the study: first, the dualism of authority checks Notary alleged violations of the code of conduct? Second, the authority checks the code of conduct by the Regional Supervisory Council based on the code of ethics? This research is empirical jurisdiction. The study concluded, first, the Regional Supervisory Council and the WCA Board may conduct an examination of the alleged violations of the code etik Notaris. Regional Supervisory Council code etik Notaris checks if the report from the public and there is also a certain criteria of Notaries code violations that can be checked by the Supervisory Council of Regions. Honorary Board area is not just waiting for reports received, but can process it if it finds violations of the code of conduct, if the Honorary Board of the Regional found violations of the Code, the Honor Council will call a notary in question to be fostered, because the function of the Honorary Council of Regions in addition to overseeing the code of conduct, there is pembianaan also against the Notary. Code violations that have been reported to the Regional Supervisory Council can not be diverted report to the Council of Honor, and vice versa. Secondly, the provision of the code of conduct by the inspection authority Regional Supervisory Council is not in accordance with the characteristics of the code of professional conduct.Keywords: Regional Supervisory Council, Notary.]]>
<![CDATA[Relevansi Kewajiban Ingkar Notaris dalam Menjalankan Jabatannya (Analisis Pasal 16 Huruf f Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris) ]]>
<![CDATA[Moh. Sodiq]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art9
<![CDATA[AbstractThis study aimed to analyze the relevance and role of the notary reneges obligation MKN in providing protection to the contents secret Notary Deed related liabilities. This research is a normative approach to law(statute approach).The data used is secondary data in the form of primary legal materials, secondary law and tertiary legal materials. The results showed that the notary broken instrument liabilities as obligations mentioned in the Act, so that the obligations inherent in the task reneges notary office. MKN established to carry out the functions do coaching in order to maintain the dignity and honor of the Notary in carrying out his profession and provide protection associated with the obligation to keep the contents of the Notary Deed.Keywords: Liability dissenter, notaries, notary honorary council, UUJN-P Â ]]>
<![CDATA[Tanggung Jawab Notaris/PPAT terhadap Akta yang Dibatalkan oleh Pengadilan ]]>
<![CDATA[Lidya Christina Wardhani]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art4
<![CDATA[AbstractNotary / PPAT as one public official has an important role in guaranteeing the rule of law, order and legal protection through an authentic deed made by and before him, the authentic act is strong evidence and if there is a dispute in court unless it could be proved guilty , so the deed of Notary / PPAT provide a perfect proof. The problem is how responsibility Notary / PPAT of the certificate canceled by the court? how the legal consequences of the Notary / PPAT due to the cancellation of an authentic act by a court ?. This study is a normative research with the approach of legislation, analytical approach and the approach to the case. The results showed first, Shape responsibility Notary / PPAT of the certificate canceled by the Court related to the case in this study included, civil liability, criminal and administrative. Second, Good cancellations due to civil, criminal, or administrative error by the Notary / PPAT in deed, in general due to the cancellation of the law by the Court of the authentic act is null and void, irrevocable and degraded the strength of evidence.Keywords: Notary, Responsibility, Deed, the Court]]>
<![CDATA[Tanggung Jawab dan Perlindungan Hukum bagi Notaris secara Perdata Terhadap Akta yang Dibuatnya ]]>
<![CDATA[Kunni Afifah]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art10
<![CDATA[AbstractThis study examines the form of liability and legal protection in civil Notary on the deeds made. This law research is empirical juridical kind. The results of this study indicate that a civil liability of a Notary who committed an unlawful act is the Notary shall account for his actions with civil sanctions in the form of reimbursement or compensation to the injured party on an unlawful act committed by a Notary. But before Notary sanctioned civil then Notary must first be proven that there has been any loss arising out of a tort Notary against the parties, and between the losses and the tort of Notaries are causal relationships, and tort or negligence due to an error that can be accounted to the Notary concerned. While the form of legal protection for Notary on the deeds which made related to civil liability Notary is the Honorary Council of notaries who are independent, in this case the existence of MKN not a sub part of the government who appointed him.Keywords: Notary, responsibility in the civil protection law]]>
<![CDATA[Penerapan Doktrin Misbruik Van Omstandigheiden terhadap Pembatalan Akta Notaris Berdasarkan Putusan Pengadilan ]]>
<![CDATA[Latifa Mustafida]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art5
<![CDATA[AbstractThe problem in this research is how the development of the Doctrine of Abuse of state (Misbruik Van Omstandigheiden), particularly in the jurisdiction of the District Court of the city of Yogyakarta to the authentic deed of Notary, as well as analyzing the legal consequences of the Court's decision on the revocation of the deed on the basis of the doctrine of abuse situation against a Notary and the penghadap party. This type of research used juridical empirical. The study concluded that the doctrine of abuse of court decisions by state (Misbruik Van Omstandigheiden) largely resulted in an authentic deed is canceled, the verdict there was a trend shift in principle proof of formal properties of the material truth in the proceedings. Therefore Notaries in the whole procedure and authentic act of making not only have to pay attention to the formal requirements, but it is necessary to examine the material truth of the deed that will be made, so as to prevent the occurrence of litigation or cancellation of the certificate of authentic products.Keywords: Abuse of state, Misbruik Van Omstandigheiden, contract, shift Proof. ]]>
<![CDATA[Pertanggungjawaban Hukum dan Perlindungan Hukum bagi Notaris dalam Membuat Party Acte ]]>
<![CDATA[Vina Akfa Dyani]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art11
<![CDATA[AbstractThe main problem in this study is the first, how the legal liability by a Notary in making acte party, and secondly, how the legal protection for Notaries in making party acte. This research is a normative juridical research approach to law (statute approach). The data used is secondary data in the form of primary legal materials, secondary and tertiary. The results showed that there are 3 (three) forms of Notary legal responsibility in making acte party, namely the administrative responsibility, civil liability and criminal liability. Notary doing his duty in a responsible manner and in accordance with UUJN and other legislation, the right to protection of the law. Notary legal protection for agency basis given by the Honorary Council of Notaries and Notary Act laws and legal protection through the obligation / right of refusal Notary.Keywords: Responsibility, Protection, Notary and Party Acte. Â ]]>
<![CDATA[Implementasi Subrogasi dengan Lastgeving Sebagai Instrument Hukum Dalam Peralihan Hak Atas Tanah ]]>
<![CDATA[Yunesha Ratih Fitriani]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art6
<![CDATA[AbstractThe focus of this study is to explain the implications of their subrogation by granting power of attorney involved in the transition lastgeving land rights and outlining efforts to settle the implications of the implementation of the application of subrogation by giving power of attorney lastgeving in the turnover of land rights. This research is a normative approach doctrinal and non-doctrinal. Results showed positive implications, namely the debt of the debtor be paid, the creditor will obtain repayment of debt and the third party will acquire the land and building. The implication negative is about the costs, expenses and Roya who from the beginning was not discussed so that a dispute exists between the seller and the buyer, not made a deed of power of a debt by a notary during the process of debt repayment in the bank, bad credit by the purchaser which replaced debtors, banks that do not receive transition without notice to the bank first. For his efforts in general notary prepare and notify to the parties to the costs of the burden of transition, the cost Roya, on payment of taxes, as well as supplies of administration, and the notary from the beginning to tell and gives advice on the consequences that ensue for the switchover without the knowledge of the bank so that no losses of the parties in the future.Keywords: Subrogation, Authorization Deed Lastgeving, Transfer of Rights to Land ]]>
<![CDATA[Penerapan Transaksi Non Tunai dalam Praktek Notaris Terhadap Akad Mudharabah di Perbankan Syariah ]]>
<![CDATA[Satrio Abdillah]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art1
<![CDATA[AbstractNon-cash transactions in Mudharabah contract is one of several types of contract in Islamic banking. Mudaraba is a contract based on revenue sharing, in which Islamic banks bear the full needs of venture capital / investment. This study focused on the problem of how the application of non-cash transactions in mudharabah in Islamic banking and whether the scheme of non-cash transactions in Islamic banking mudharabah in accordance with Shari'a principles truth. This study is a juridical-empirical research using primary data, secondary and tertiary. The results showed the first application of non-cash transactions in Islamic banking in Indonesia, many of which deviated from the terms of the principle, tend to be mere labeling (labeling). Due Both mudaraba product does not comply with the principle of mudaraba beginning itself so judged only in the form of labeling (labeling) only from the bank and the necessity to not give a guarantee that is incompatible with God's word QS. Al-Baqarah (2) paragraph 282-283.Keywords: Islamic banking, mudaraba, deed, security (collateral)]]>
<![CDATA[Eksistensi Akta Notaris Dalam Penguatan Legalitas Kelembagaan Pendidikan Anak Usia Dini ]]>
<![CDATA[Agus Muslim]]>
<![CDATA[ Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol2.iss1.art12
<![CDATA[AbstractThe main problem in this study is the first, how the existence of a notarial deed in strengthening the legality of the implementation of the Early Childhood Education institutions (ECD) in Sukabumi? And secondly, what form of certificate of incorporation institutions Early Childhood Education (ECD) in Sukabumi ?. This research is empirical or sociological law by using an empirical approach / sociological approach to law (statute approach). The results showed the existence of a notarial deed is very important for the implementation of ECD in Sukabumi, because the activities of early childhood institutions is closely linked to the public. So it is not enough just to their form of recognition (justification) in the form of early childhood Operating License issued by the Department of Education alone, but requires that the (legality) in the form of a notarial deed. Based on the research results are to some ECD Institutions authors found no notarial deed in the form of legal entities association deed, and the deed of the institution, but as with all forms of legal entity foundation deed.Keywords: Deed, foundations, associations, ECD ]]>
