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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 45 Documents
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Kedudukan Hukum Tanah Likuifaksi yang Dijadikan Jaminan Hutang Dalam Akta Perjanjian Pinjam Meminjam Agustin Veronika Panginja; Anriz N. Halim; Zulki Zulkifli Noor
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.172

Abstract

The natural disaster that caused such severe damage was the earthquake in Palu City, Central Sulawesi Province, which occurred on September 28, 2018. Technically, the land reconstruction program after the tsunami disaster faced at least two main problems. First, related to the process of land identification, namely the difficulty in mapping and measuring the boundaries of land that has lost physical markings caused by landfill waste from the rest of natural disasters. Second, related to the credit debt agreement on the Liquidity Land collateral. The research method used in this research is normative juridical supported by empirical data, using normative juridical approach because the target of this study is law or method (norm). Research with normative law objective in the form of legal principles, legal system, vertical and horizontal synchronization level. Research Results Related to the legal status of liquefaction land, the option to relocate affected liquefaction residents must be preceded by geological studies and zoning of spatial planning and disaster mitigation. Relocation means a new location and a new certificate. Because the liquefaction region is in the Red Zone that is not suitable for habitation. Although it has been determined to be included in the designation of a disaster-prone zone (ZRB), the land affected by the faction is still legally owned by local residents. The existence of delays in debtor credit both bank customers and leasing in the Palu region, against victims of the earthquake, liquefaction and tsunami. The governor told the IJK leadership and all Leasing in Central Sulawesi to postpone the debtor's credit at the bank for three years and the leasing debtor's credit for six months. It was an effort to support and help restore the condition of the recording of victims of the earthquake, tsunami and liquefaction natural disasters in Central Sulawesi Province.
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.
Pelaksanaan Kewenangan Direktur Jenderal Pajak Untuk Mengurangi Atau Membatalkan Sengketa Pajak Alexander Candra; Djafar Albram; Hasbi Hasan
Jurnal Nuansa Kenotariatan Vol 5, No 1 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v5i1.184

Abstract

Taxation Laws Rules and regulations are still under supervision by the Ministry of Justice and Human Rights with the operational implementation by the Director General of Taxation in terms of both formal and material law. For the oversee this acceptance, it is necessary to peratuan tax legislation is clear, unequivocal and there is no overlapping, so wajip taxes or taxpayers can more obedient, and a sense of justice has high accountability. It may indirectly increase state revenue and the authority to enforce the law. The research method used by the authors in the discussion of this research, is the normative research methods, which outlines what the applicable tax law is in conformity with the norms of other formal legal. According to the Tax Act No. 28 of 2007, Article 36 of the Director General of Taxes may also decide to reduce, correct, cancel or eliminate penalties and interest and administration of tax assessment issued. As for the decision process of determining the tax to be paid, so the moot court in the Director General of Taxes. Courts are decided in accordance with the Tax Court Act No. 14 of 2002, is the principal authority under the power of the judiciary, can run with the principles of the judicial process, which is low cost, fast and fair. With the recent reform Tax Courts embrace principles Cheap, Fast, Simple and Fair.
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.
Tanggung Jawab Notaris Terhadap Perjanjian Pengikatan Jual Beli Saham Akibat Peralihan Saham Tanpa Rapat Umum Pemegang Saham Weni Mariati; Maryano M.; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.173

Abstract

Each shareholder can indicate his concerns through the General Meeting of Shareholders, as the highest forum in a limited liability company which is having undivided power. Shareholders will have voting rights proportional to the amount of capital (shares) invested, then sale and purchase of shares transaction must comply with the provisions of articles of association of a limited liability company, and the applicable laws specifically regulated regarding sale and purchase of shares agreements. In the Decision Number 259/Pdt.G/2017/PN.Jkt.Sel, has been stated the transfer of shares without the through the General Meeting of Shareholders. The method used in this study is a normative and empirical juridical research method. Data analysis has been using a qualitative juridical analysis. As the results of the study, it can be stated that the actions taken by one of the company's shareholder, specifically by making a transfer of shares without the Annual General Meeting of Shareholders and without an Extraordinary General Meeting of Shareholders is allowed, because of the rules regarding the use of Circular Resolution of Shareholders. A Notary has the authority and is given responsibility to assist the community in order to make a proper agreement in accordance with the applicable laws and regulations, so that the Notary can warrant the legal standing for the parties involved in making the agreement
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
Kewenangan Notaris Atas Pembuatan Surat Keterangan Hak Dalam Waris Terhadap Anak Di Luar Nikah Adhelian Ayu Septyana; Sheha A. Habib; Sulhan S
Jurnal Nuansa Kenotariatan Vol 5, No 1 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v5i1.185

Abstract

Legal concepts concerning the status of a child born outside marriage with only a civil relationship with the mother and her mother's family experienced a shift in the issuance of the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the Material Test against Article 2 Paragraph (2) and Article 43 Paragraph (1) Number 1 Year 1974 concerning Marriage. There are 2 (two) issues to be discussed, namely the rights and position of the child outside of marriage after the decision of the Constitutional Court, as well as the authority of Notary in the making of Certificate of Inheritance to the Outer Child after the Constitutional Court Decision. The research method is normative legal research, to obtain the necessary data in connection with the period issues. The result of research is obtained that the decision of the Constitutional Court opens opportunities for the Outer Child to have a civil relationship with father and his father's family as well as the authority of Notary in the making of Certificate of Inheritance to the Outer Child after the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 becomes very important , It is based on Article 280 of the Civil Code of the civil relationship between the newlyborn child arises when there is already recognition from the mother or his biological father to the child. The deed of recognition shall be made authentically as mandated in Article 281 of the Civil Code. So the government should make regulations relating to children outside of marriage in accordance with the mandate of the Constitutional Court's decision
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
Pembagian Harta Bersama Dalam Perceraian Suku Batak Toba Yang Menganut Kepercayaan Parmalim Verlyta Swislyn; Udin Narsudin; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.174

Abstract

In the Batak Toba tribe which impressed traditional, it has stronger and more strict rules of customs in terms of the distribution of shared assets. Before the emergence of Batak Toba which embraced Christianity, the belief of Parmalim, Parmalim was a spiritual movement to maintain ancient customs and beliefs that were threatened due to the new religion brought by the Dutch. The Batak Toba have a very strong regulation in terms of divorce, almost in Batak Toba households do not know of divorce, but when there is a divorce in the Batak Toba tribe that still adheres to the belief of Parmalim, it is very interesting to study further about the marriage carried out in customs until the divorce was carried out in accordance with the rules of the Batak Toba customs which had the trust of Parmalim up to the distribution of joint assets carried out in a customary manner. The method used in this study is normative juridical supported by empirical jurisdiction. The results of the research, it can be obtained how the sharing of joint assets due to divorce in the Batak Toba tribe which adheres to the belief of Parmalim, disputes regarding joint assets, the resolution of disputes through the customary elders deliberation and the results of deliberation are the applicable laws, as well as factors faced in the distribution of together assets there are internal and external factors
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

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