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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 44 Documents
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Pertanggung jawaban Notaris dalam Pembuatan Akta Pernyataan Nominee Pemegang Saham oleh Warga Negara Asing dalam Pendirian Perseroan Terbatas Sudiana, Nana; Sinaulan, Ramlani Lina; Koto, Zulkarnain
Jurnal Nuansa Kenotariatan Vol 9, No 1 (2023)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v9i1.254

Abstract

Discussion on the responsibility of a notary for making a deed of statement of a shareholder Nominee by a foreign national in the establishment of a limited liability company. Research conducted using normative juridical methods. In Nominee agreements/statements between foreigners and Indonesian citizens it is closely related to the notary as the authorized official in making the Nominee agreement/statement deed, which as stated in UUJN that every deed made by the interests of the parties appear before the notary, then the deed has the power as authentic deed, but in reality the purpose of making this Nominee agreement/statement is to safeguard the assets that are the object of the Nominee even though this practice is often motivated by bad intentions, one of which is to avoid laws and regulations that limit the ownership of foreign citizens or more furthermore as a form of money laundering practices.
Perlindungan Hukum Bagi Janda atau Duda dalam Wasiat Pemilik Harta Bersama Terkait Akta Waris Notaris Ramdani, Siti Rahmaniar
Jurnal Nuansa Kenotariatan Vol 9, No 1 (2023)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v9i1.255

Abstract

Joint property refers to assets acquired during a marriage, signifying partial ownership held by both the husband and the wife. Marital assets, as defined in Article 35, Paragraph (1) of the Marriage Law No. 1 of 1974, state: 'Property acquired during the marriage becomes joint property.' Consequently, the inheritance assets for a deceased husband or wife that can be inherited encompass a portion of their joint property. However, a phenomenon observed within society involves the inclusion of widows or widowers in wills, followed by the subsequent distribution of these assets among heirs or beneficiaries. The methodology employed for this research is of the normative juridical type, specifically library-based legal research. Various research approaches are adopted, including the Legislative Approach, Case Approach, Conceptual Approach, and Analytical Approach. Techniques such as legal interpretation, grammatical interpretation, systematic interpretation, teleological interpretation, and legal construction methods are utilized to analyze legal materials. The findings of this research reveal the following outcomes: (1) The Legal Consequences of Testamentary Instruments and Inheritance Right Certificates do not come into effect due to their annulment by the Court. However, sanctions are imposed on Notaries for creating Testamentary Instruments and Inheritance Right Certificates pertaining to the portion of assets belonging to widows or widowers, which are incorporated within the ambit of the beneficiaries. (2) Legal protection for widows/widowers concerning their share of communal assets is aligned with Article 35, Paragraph (1) of Law No. 1 of 1974 on marriage, which states, 'Property obtained during the marriage becomes joint property.' Thus, widows/widowers retain the right to claim a portion of their joint assets. Through the principle of Hereditatis Petitio as per Article 834 of the Civil Code, every heir is entitled to pursue legal actions to safeguard their inheritance rights.
Kepastian Hukum Dana Hibah Yayasan Yang Dialihfungsikan Oleh Pengurus Yayasan Ramadhan, Muhammad Ilham; Hutomo, Putra; Marniati, Felicitas Sri
Jurnal Nuansa Kenotariatan Vol 9, No 1 (2023)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v9i1.267

Abstract

Grants to social organizations that are Indonesian legal entities as intended in Article 3 paragraph (1) letter d are given to social organizations or foundation that legitimately have legal entities or social organizations that are association legal entities that have received legal entity approval from science in the field of law and human rights following legislation. However, a phenomenon that occurs in society is that grants received by foundations are not used for activities or foundation interests, but are used by foundations for personal interests. What are the legal consequences of foundation grants being diverted by foundation administrators for personal interests? And what is the legal certainty about foundation grant funds being diverted by foundation administrators for personal interests? The theories used are Soeroso’s Law Consequences Theory and Jan Michiel Otto’s Legal Certainty.
Perlindungan Hukum Pihak Ketiga dalam Hak atas Tanah di Atas Tanah Negara yang Berubah Status Widyanti, Amelia Nur
Jurnal Nuansa Kenotariatan Vol 9, No 1 (2023)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v9i1.270

Abstract

Indonesia's ongoing development necessitates the existence of the right of management, which delegates state control over land use for the achievement of public welfare. In spite of ongoing controversies, it remains an important part of Indonesian development. The lack of recognition of its importance may be the cause of unresolved land issues. Given the very heterogeneous nature of Indonesian society and the diverse land structures, the right of management is a necessary reality. Such an analysis shall take into consideration legal protection of holders of construction rights on government lands which are converted into construction rights under management rights, as well as legal protection of holders of construction rights on government lands which are converted into construction rights under management rights. It is crucial to examine the ownership rights of land for the holders of construction rights under management rights. This examination is based on the principle of justice in connection with the right of state control in the development of land law in Indonesia.

Page 5 of 5 | Total Record : 44

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