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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 6, No 1 (2020)" : 5 Documents clear
Eksistensi Personal Guarantee Dalam Hal Kepailitan Debitor Cicilia Julyani Tondy; Yuhelson Y.; Maryano M.
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.189

Abstract

This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations.
Politik Hukum Larangan Kepemilikan Hak Atas Tanah di Daerah Istimewa Yogyakarta Oleh Warga Negara Indonesia Keturunan Tionghoa Dan Dampak Terhadap Komparisi Akta Jual Beli Dhimas Yuki Hananto Adhi; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.190

Abstract

Law Number 5 of 1960 (UUPA), is a legal instrument that regulates land affairs and creates a single national land law. Basically an individual can have land rights, in Article 21 paragraph 1 states that the subject of ownership is an Indonesian citizen, right of ownership can be transferred, one of which is through the sale and purchase with proof of sale and purchase deeds made by the Acting Authority, and the referral to Government Regulation Number 8 of 2012, Articles 1320 and 1868 of the Civil Code , and how to register it according to Government Regulation Number 24 of 1997 and State Minister of Agrarian Regulation Number 3 of 1997. The method used in this research is the normative juridical research method supported by Empirical Juridical. Based on the results of this study it was concluded that Political Law through Instructions 898/I/V/A/1975 concerning the prohibition of ownership of land rights by Indonesian citizens of Chinese descent carried out by the Special Region of Yogyakarta to protect indigenous people who are economically weak, even though it is contrary to the Law Principal of Agrarianism, because ethnic Chinese are considered to be superior in financial terms, a form of positive discrimination is a form of the Sultan’s wish as the High Leader of Yogyakarta in protecting its financially weak people and the Deed of sale and purchase in the city of Yogyakarta that has been signed by the parties, witnesses as well as land deed officials, are not obliged to include the phrase Indigenous/ Non-Indigenous as long as the Land Deed Makers Officer makes a New Legal Document namely a statement that the sale and purchase is done by being able to reduce the Property Rights to another right for Indonesian citizens of Chinese descent, selling can be done by n the requirement that land ownership has become a Building Use Right if it does not have to start with the PPJB or the deed of release
Kepastian Hukum Bagi Persekutuan Komanditer Dalam Kepemilikan Hak Atas Tanah Menggunakan Nama Sekutunya Dias Artania Jaya; M. Sudirman; Erny Kencanawati
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.192

Abstract

Commanditaire Vennootschaap is one of business entity which mostly used by small and medium enterpreneurs. Until now, CV is till considered as a nonlegal entity, even though CV has the requirements to become a legal entity. In conducting its daily activities, CV require land and building, in addition the land and building’s right can be used as collateral for loan performed by CV. At present, CV can not have land right, because Agrarian Law has not regulate ownership of land right for non-legal entity. Hence, CV has land right using their partner name. The method used in this research is a juridical normative research method supported by juridical empirical method. The approach focuses on the study of primary legal materials in the form of laws and regulations, namely the legislation of Code of Commercial Law, Civil Code, Agrarian Law, as well as court decree. Based on the results of this research, it was concluded that ownership of land right using partner name can not be considered as ownership of land right of CV, because partner CV and CV have separate wealth and separate tax subject, also can cause legal consequenses which detrimental to CV and its partners. Whereas the Circular of Granting HGB for CV issued by BPN actually Circular of Granting HGB for CV’s partners apparently did not provide legal certainty because it does not explain the procedures and the legal consequences. To obtain legal protection, CV and its partners can give contention to the government to clarify the status, right and obligation of CV or to clarify the Circular granting HGB to CV’s partners in a statutory regulation
Model Hubungan Alih Daya Dalam Hukum Ketenagakerjaan Indonesia Ditinjau Dari Perspektif Keadilan Sukhebi s.; Atma Suganda; Ismail I
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.193

Abstract

This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations.
Pemidanaan Terhadap Profesi Notaris Dalam Rangka Mewujudkan Perlindungan Hukum Syafran S.; Fauzi Yusuf Hasibuan; Irhamsyah Irhamsyah
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.188

Abstract

This research intends to examine the problematic of criminalization against the Notary profession in Indonesia. To analyze this problem, the researcher employs the theory of legal protection as Grand Theory, profession and professionalism theory as Middle-Range Theory, and criminalization theory as Applied Theory. The method employed in this research is juridical-normative method. The results of this study show the following conclusions. Firstly, criminalization against notary can only be carried out if it fulfills three conditions, namely the Notary violates the procedure of drawing up authentic deeds as regulated in UUJN (Law on Notary Profession), the notary violates the provisions of the criminal law as regulated in the Criminal Code, and the existence of the mens rea from the notary concerned. In making an official (ambtelijk) deed (drawn up by a notary), the Notary may be held liable for criminal liability for the material truth of the deed he made and can be determined as a perpetrator or accomplice of a criminal act. However, in the drafting of a party (partij) deed (drawn up before a notary), a notary may only be held liable for criminal liability for the formal aspects of the deed he made and can only be stipulated as an accomplish to a criminal act. Secondly, a more appropriate criminal justice model to be applied in the settlement of criminal cases involving the Notary in carrying out his duties and authority as a public official is a mediation of restorative justice-based penalty. In this model, sanctions are applied to perpetrators of crime not in the form of corporal punishment, imprisonment or confinement, but the obligation to provide compensation or restitution to victims of crime.

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