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INDONESIA
Jurnal Nuansa Kenotariatan
Published by Universitas Jayabaya
ISSN : 24774103     EISSN : 25025511     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Nuansa Kenotariatan (JNK) is is published duo-annually in May and November. and aimed to provide research articles in order to have a significant implication to the world of notary. The Journal's primary objective is to bridge the gap between theory and practice in notary studies. Every article contains empirical results, research methods, managerial implication and latest references from primary sources. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of notary studies.JNK intends as a means of scientific communication notary field and presents articles of interest to the research community in general, new theoretical developments, results of empirical studies, and scientific aspects related to the cultural, economic, political, psychological, and social law and the legal system.
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol 3, No 1 (2017)" : 5 Documents clear
Perlindungan Hukum Terhadap Bank Pada Fasilitas Kredit Debitur Penanam Modal Asing Hendera Hendera
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.v3i1.152

Abstract

Credit Channel to Foreign Investment Company has a high risk if incase non-performing loan happen. Due on those cases, the author borders some several issues: 1) What’s issues that causing non-performing loan in credit channel by the foreign investment company? 2) How the bank’s risk if non-performing loan occurs in credit channel by the foreign investment company? 3) How is law providing a legal protection against bank in case non-performing loan occurs in credit channel by the foreign investment company?. Research methods for this journal is using an empiric theory with sosio-legal research. The results are credit channel to a foreign investment company is not having particular rules of legal protection yet against banking industry if non-performing loan happens. So, the government is expected to make a constitution of legal protection against bank for credit channel to foreign investment company so bank is assuring a strong legal certainty.
Pelaksanaan Eksekusi Hak Tanggungan Yang Dilakukan Kreditur Separatis Dalam Keadaan Insolvensi Fathiya Achmad; Permata N. Daulay; Nurwidiatmo Nurwidiatmo
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.v3i1.164

Abstract

In the event of debtor’s bankruptcy, the separatist creditor must comply with the regulations of bankruptcy (UUK) and request of suspension of obligation for payment of debt (PKPU). Problems arise when the secured creditors interpret the articles on bankruptcy and PKPU differently from the Curators and other authorized bodies. Multi interpretation in those articles resulted in creditors’ losses because in the end the creditors will not be able to maximize the auction and must cede the bankrupted asets or properties to the Curator and wait for settlement proceeds after the Curator completes the preferred creditor. The method used in this research is a normative juridical research method supported by Empirical Juridical. The theory used as a tool to analyze is the theory of legal certainty by Gustav Radbruch and the legal protection theory by Philipus M Hadjon. It is concluded from the results of this study that the position of the Bank or also called by a separatist creditor in the execution of mortgages in bankruptcy is conditionally preceded and separated. The requirements stipulated as in the UUK and PKPU that the period of suspension (stay period) which is required to initially passed and the insolvency state.
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.
Pertanggungjawaban Notaris Terhadap Akta Yang Tidak Dibacakan Muhammad Alfatah; Anne Gunawati; Wira Pranciska
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.v3i1.150

Abstract

One of the obligations of a Notary is to read the deed before the audience that must be done by a Notary (Article 16 paragraph (1) letter m Laws Notary Department). The method used in this studys a normative juridical approach supported in an empirical juridical. The data used is secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials. For data analysis performed with qualitative juridical analysis method. The author can conclude that: due to the deed not read by a Notary can be subject to responsibility, namely civil responsibility. This is the deed has decreased in quality, the position of the deed is lower in strength as a means of proof, the previous one is complete and perfect is the beginning of proof, the proof power cannot prove anything
Kepastian Hukum Pelaksanaan Eksekusi Terhadap Perjanjian Yang Telah Disahkan (Homologasi) Tedy Herlambang; Nurwidiatmo Nurwidiatmo; Taqiyuddin Kadira
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.v3i1.151

Abstract

This study discusses how the legal certainty and legal protection of the execution of the agreement that has been validated (homologation) between the Respondent Postponement of Obligation of Debt Payment (PODP) to the creditor. Implementation of the execution of homologation between the Respondent for the PODP to the creditors is obtained through Article 170 paragraph 1 of Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation, where if the debtor fails to fulfill the homologation agreement the creditor may demand the cancellation of the treaty, which may make the debtor’s position republished, so that any assets of the debtor may be executed as before any homologation agreement. The execution on the decision used in this study does not materialize for the creditor, because although the debtor has been manifestly and proven to have defaulted against the homologation, the creditor canceling the agreement is not granted by the Panel of Judges.

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