Jurnal Nuansa Kenotariatan
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.
Articles
44 Documents
<![CDATA[Pelaksanaan Eksekusi Hak Tanggungan Yang Dilakukan Kreditur Separatis Dalam Keadaan Insolvensi ]]>
<![CDATA[Fathiya Achmad]]>;
<![CDATA[Permata N. Daulay]]>;
<![CDATA[Nurwidiatmo Nurwidiatmo]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i1.164
<![CDATA[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.]]>
<![CDATA[Penerapan Asas Kebebasan Berkontrak Dalam Pembuatan Perjanjian Outsourcing Dan Perjanjian Kerja Waktu Tertentu ]]>
<![CDATA[Johan Rofi]]>;
<![CDATA[Udin Narsudin]]>;
<![CDATA[Zulkarnain Koto]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i1.148
<![CDATA[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.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Ulayat: Pemberian Izin Usaha Pemanfaatan Hasil Hutan Kayu ]]>
<![CDATA[Linda Martha Dona]]>;
<![CDATA[Yurisa Martanti]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i2.154
<![CDATA[This research aim to examined how recognition of communal land set in the UUPA already recognized, but is still followed by certain conditions, it is often conflict between the holders of customary rights land by the government. This research is normative juridical empirical. Data collection techniques using literature study refers to the laws and regulations. Analysis data using juridical qualitative data analysis, data were obtained from the research literature and field research through library research and interviews, then analyzed with empirical juridical approach/sociological and methods of thinking inductive. The results showed that the customary rights sultan Taha Syariffuddin not recognized in the laws and regulations and local authorities for not fulfill the requirements, so efforts to completion of conflict heirs of the Sultan Taha Syariffudin with PT LAJ not have bargaining power over that required recognition and legal protection of the traditional rights on lands of indigenous communities have not been granted by the local government as well as the laws.]]>
<![CDATA[Pertanggung Jawaban Hukum Atas Terjadinya Wanprestasi Dalam Penerapan Perjanjian Sewa Pesawat ]]>
<![CDATA[Martha Emylia Taurisia]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>;
<![CDATA[Ahmad Muliadi]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i2.159
<![CDATA[The practice of aircraft lessor company with aircraft lessee company may allow “default” because one party does not fulfill its obligations properly and correctly in accordance with the contents of the aircraft lease agreement the. The method used in this research is normative juridical research supported by empirical juridical research. The data used are secondary data composed of primary law, secondary law materials and materials law tertier. In addition the primary data is also used as the supporter of the legal materials of secondary data. For the data analysis was done with a qualitative analysis of the juridical method. The results showed that PT. Air Born Indonesia’s responsibility to lease aircraft in aircraft lease agreement lease agreement air transportation can be categorized as a reciprocal or bilateral agreement. In this case PT Air Born Indonesia as the holder does not fulfill the obligations as agreed in the agreement for not paying the De Havilland Canada DHC-6/300 Twin Otter MSN 518 PK-BAF registration fee corresponding to the amount rent with a specified time, changing the aircraft without the knowledge of Unity Group Ltd, operating the aircraft not in accordance with the agreement, then it is said to have made a default.]]>
<![CDATA[Pertanggungjawaban Notaris Terhadap Akta Yang Tidak Dibacakan ]]>
<![CDATA[Muhammad Alfatah]]>;
<![CDATA[Anne Gunawati]]>;
<![CDATA[Wira Pranciska]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i1.150
<![CDATA[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]]>
<![CDATA[Kepastian Hukum Kewenangan Nazhir: Ruislag Tanah Wakaf Untuk Kepentingan Bisnis ]]>
<![CDATA[Sefli Suharman]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i2.155
<![CDATA[Regulation Legislation Endowments to property that is already in endowments is prohibited to do exchange (ruislag), excluded when ruislag used for public interest in accordance with the general plan spatial layout under the provisions of the legislation applicable and does not conflict with sharia. This research is descriptive research analysis using normative juridical approach, the research literature that focuses on secondary data by conducting a study or a thorough analysis and depth to the entire of secondary data adapted to the problem in this research. The results showed that to exchange (ruislag) of waqf land for business is one from the other forms of legal interest in doing ruislag for waqf property which is not stipulated in the regulations of endowments. Based on the decision of Judicial Review (PK) The Supreme Court No. 27 PK / AG / 2008 Nazhir convicted for committing an unlawful act on the land of endowments that is ruislag for the benefit of textile business. Should be Nazhir in doing ruislag to property that is already in endowments guided by the procedures and requirements set forth in Regulation Legislation Endowments applicable especially Article 41 in Act No. 41 of 2004 on endowments set ruislag only in the public interest.]]>
<![CDATA[Perlindungan Hukum Atas Kreditur Yang Menggunakan Jaminan Personal ]]>
<![CDATA[Hendra Yakub]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>;
<![CDATA[Udin Narsudin]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i2.160
<![CDATA[Personal guarantees embodied in the agreement do not stipulate special conditions that require the guarantor to submit something tangible which will make it easier for the creditor to take action if the debtor defaults and guarantor breaks promises, this is what makes the underwriting agreement less meaningful or meaningful in its function as collateral which is manifested in a separate deed, individual guarantee seems to be only a moral obligation. The method used in this research is normative juridical research, the data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis, it was done by using qualitative juridical analysis method. The research results show that, it is still difficult to ask for the credit agreement arrangement and the provisions in the clause or individual guarantee conditions that can provide legal protection for creditors. In the implementation of billing bad credit through personal guarantees through the court by executing confiscation of guarantees against the assets of the personal guarantor, the results have not been optimal, because the personal guarantee agreement does not include information on the assets of the insurer and clauses that are compelling or binding on the assets of the insurer, so that in practice the court will have difficulty executing the property of the personal guarantor.]]>
<![CDATA[Kepastian Hukum Pelaksanaan Eksekusi Terhadap Perjanjian Yang Telah Disahkan (Homologasi) ]]>
<![CDATA[Tedy Herlambang]]>;
<![CDATA[Nurwidiatmo Nurwidiatmo]]>;
<![CDATA[Taqiyuddin Kadira]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i1.151
<![CDATA[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.]]>
<![CDATA[Pengaturan dan Prospek Implementasi Gugatan Perwakilan (Class Action) di Indonesia ]]>
<![CDATA[Ramlani Lina Sinaulan]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i2.156
<![CDATA[Class Action is an alternative to seeking justice efforts in fighting for their rights and interests which are widely used and growing lately. Class action procedure is considered aligned with the principle of justice that is simple, quick and inexpensive. However, new alternatives are often not brought the expected results, due to hit with a variety of obstacles, mainly due to that the exclusion of class action procedure in the law of formal or procedural law. Therefore, given the importance of class action in the context development of society to respond to increasingly complex and dynamic, should the judiciary with competence can recognize, accept and implement class action in judicial practice.]]>
<![CDATA[Penerapan Asas Keseimbangan Dalam Perjanjian Kerja sama Penyediaan Layanan Sebelum Penerbangan ]]>
<![CDATA[Furcony Putri Syakura]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>;
<![CDATA[Sulhan Sulhan]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i2.161
<![CDATA[The Cooperation Agreement of Provision of Pre-Flight Services is signed by the Secretary General of the House of Representatives of the Republic of Indonesia (as The First Party and the Service User) and the Director of Operations of PT Garuda Indonesia Tbk (as The Second Party and the Service Provider). The principle of proportionality becomes very important in this Cooperation Agreement with an assumption that if the positions of the rights and obligations of The Parties in this agreement are equal then it is felt fair by both parties. The study was conducted by using Normative Juridical method. In writing this thesis, the author examines the Document of Cooperation Agreement of Provision of Pre-Flight Services Between the Secretariat General of the House of Representatives of the Republic of Indonesia and PT Garuda Indonesia (Persero) Tbk Year 2016, in particular the rights and obligations of The Parties contained in Article 7 and Article 8. The author also conducted interview to the service user, service provider and experts in the agreement field. Based on researcher’s analysis, the implementation of the Cooperation Agreement of Provision of Pre-Flight Services is not equal so it is unfair. If the Cooperation Agreement is to be extended for the Year 2018, it is recommended to the Secretariat General of the House of Representatives of the Republic of Indonesia to renegotiate Article 7 and Article 8 which regulate the rights and obligations of The Parties so that it can be reviewed and modified based on what is expected.]]>
