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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 4, No 2 (2019)" : 5 Documents clear
Pelaksanaan Sistem Administrasi Pelayanan Publik Secara Online Terhadap Permohonan Hak Atas Tanah Juprianta J.; Anriz N. Halim; Yuliasara Y.
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.177

Abstract

The land law policy covers a fundamental aspect, namely the principle of fulfilling people's constitutional rights in order to fulfill the needs of daily life and respect the principle of human equality. To realize the expectations to be achieved as set out in the orderly chess policy of Land, the Land Office as an official government institution authorized to regulate and issue land certificates, in carrying out its daily duties is not spared public attention regarding the performance of the services they provide for people who use their services. The method used in this research is normative legal research. The legal theory used is the theory of legal certainty and authority theory. Results of the research Legal certainty in the implementation of an online public service administration system against the request for land rights, with the existence of these provisions regulates the validity / legality and at the same time legal certainty that guarantees that electronic documents both general and special such as land certificates or other authentic deeds made by PPAT or Notary, Obstacles to the implementation of an online public service administration system against land rights requests, by implementing the PERMATA Government work program seeking to minimize the amount of obligation that must be paid by only charging the Land Price for NJOP determination.
Tanggung Jawab Notaris Terhadap Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas yang Tidak Memenuhi Syarat Nunny Nurul Ariani; Taqiyuddin Kadir; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.178

Abstract

The creation of the GMS minutes in the form of a Notary deed called the Declaration of Resolution (PKR Deed) as an authentic deed, which is more intended to make it as a strong and absolute evidence, binding evidentiary power and as a perfect evidence so that there is no need to prove it with other evidences as long as the untruth cannot be proven. Notary deed is the main evidence in writing so that it becomes evidence in the court who had a very important position. The method used in this research is empirical legal research. Results of the research, in the making of PKR Deed, Notary is only responsible for the formal truth of the deed he made, not material truth. Basically, if formally what the Notary has done is in accordance with the procedure as stipulated in the law, the Notary must be very strong in its legal position in the sense that it has fulfilled the formal truth requirement which is its responsibility and in accordance with its authority. However, in the event that Notary commits an unlawful act in making a PKR Deed which not meet requirements as set out in regulations, then Notary must take responsibility associated with authentic deed he made
Efektivitas Pengawasan Majelis Pengawas Daerah dalam Mengurangi Pelanggaran Notaris Terhadap Pelaksanaan Jabatannya Triana Handayani; Felicitas Sri Marniati; Andrea Septiyani
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.179

Abstract

The purpose of the establishment of the Supervisory Board is to provide guidance and supervision to the Notary. Indication that showed Supervision is actualy on target or effective would be no more any violation committed by the Notary in carrying out his duties.From the examinations resulf carried out by the MPD of South Jakarta out of the empirical data showeds that there are still violations committed by Notaries in which such violation has the West Java High Court. The research method used is a normative juridicial method. The data source used is secondary data sources supported by primary data sources in the form of court decisions and interviews with Notaries, MPD and MPW. The analysis technique used here in descriptive analisys method. The results showed there’s some Notary who has commitetted violation of Article 16 paragraph (1) letter a of Act Number 2 Year 2014 concerning Amendments to UUJN, by careful enough in creating the Deed resulted in the giving out of written summon. In the case verdict of the West Java High Court Number: 87 / PDT / 2018 / PT.BDG dated March 27 2018, the Notary considered to have commits an unlawful act, so that the Deed is requested to be null and void by the aggrieved party, and the Panel of Judges ruled that the Deed is null and void. The violation by the Notary indicates that MPD supervision has not been effective. The effectiveness of supervision is influenced by legal factors, law enforcement, facilities, society, and culture. Empirical data shows that the society factors which become hurdle to the effectiveness of the Notary’s supervision, are inadequate understanding of the parties / parties to the UUJN and the prevailing regulations which contribute to the violations of the implementation of the Notary’s duties
Perlindungan Hukum Terhadap Penerima Gadai Atas Harta Pusako Tinggi yang Dijadikan Jaminan Debi Riska; Ahmad Muliadi; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.180

Abstract

High Pusako itself is a treasure obtained from the results of hard work or ancestors in ancient times by mutual cooperation, not assets obtained from grandmother and parents Artati Surya, Cs during his life, so based on customary rules in Minangkabau inheritance it should not be pawned if it is not important, the high property of Pusako must remain intact, because the high property of Pusako will never increase, the existence of these assets to symbolize a people is high pusako. The method used for this research is the normative juridical method. The results of the study To pawn in Bukit Tinggi there are four factors (conditions), namely: Bodies lying in the house, the old girl who is not married, the house is absent, helps the people in distress. Especially in Bukit Tinggi, pawning was found without fulfilling the four factors, because the pledges carried out in general are for education and other needs. and the guarantee of the legal protection of the pawning recipient can be seen in the customary regulations in Minangkabau that high Pusako assets will not be diverted to any party who is not a recipient or heir of high Pusako property so that if someone controls the high property of Pusako because of a pawn they only being able to use the land from the high Pusako property does not make the high propertyof Pusako a permanent ownership.
Kepastian Hukum Akad Mudharabah pada Koperasi Al Fath Idaroh Kemakmuran Masjid Indonesia Tangerang Selatan Prastowo Sidhi; Sirajuddin Sailellah; Zulkarnein Z
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.176

Abstract

Implementation of the principle of legal certainty of mudharabah contract at Cooperative of Al FATH Idaroh Mosque Commonwealth of South Tangerang in its implementation based on Al-Quran, Al-Hadith, opinion of Gustav Radbruch, opinion of Muslim scientist, Act concerning Cooperatives, Act concerning Sharia Bangking, Ministerial Regulation of Small and Medium Enterprises on the Implementation of Savings and Loans and Sharia Financing Activities, the latest through the Regulation of the Minister of Cooperatives and SME Number 11/PER/M.KUKM/XII/2017 on the Implementation of Business Activities Savings and Loans and Sharia Financing, and Fatwa DSN of MUI No: 07/DSN-MUI/IV/2000 concerning Mudharabah Financing (Qiradh). The method used in this research is normative legal research. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. From the research results, can be concluded that the has materialized legal certainty of mudharabah contract at Al Fath Cooperative Idaroh Commonwealth Mosque Indonesia South Tangerang has been achieved. The obstacles in applying the legal certainty principle of mudharabah agreement at Al Fath Cooperative Idaroh Commonwealth Mosque Indonesia South Tangerang referring to Lawrence M. Friedman's Law System Legal Theory and John Rawls’s Justice Law Theory. There should be a Law on BMT and socialization so that people understand BMT.

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