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Recital Review
Published by Universitas Jambi
ISSN : 26232928     EISSN : 26225891     DOI : https://doi.org/10.22437/rr.v6i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Recital Review is peer-review journal published by Universitas Jambi, Magister Konatariatan, Jambi, Indonesia. Recital review receives research-based and conceptual articles with a broad range of topics related with Notary area, including: deed-making techniques, Agrarian law; Family Law; Inheritance Law; Contract Law; Auction Law; Code Ethic of Notary; Land Law; Company and Insolvency Law; Intellectual Property Rights; Tax Law; Politics of Notarial Law; Guarantee Law; Banking Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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Penerapan Standar Nasional Indonesia Produk Beras Yang Beredar Pada Masyarakat Dalam Perspektif Perlindungan Konsumen Isis Ikhwansyah; Resmaya Agnesia Mutiara Sirait
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

As the main staple, rice becomes a food that must have good quality and is safe for consumption. The Indonesian National Standard is a parameter used as a benchmark for the feasibility of a product being circulated, so that the application of the Indonesian National Standard on rice products is needed to protect the security and safety of consumers. The irony is that this has not yet become the awareness of the business actors. To protect consumers from loss requires legal measures that consumers can do in accordance with consumer protection laws. As for the problems are: the application of good Indonesian National Standards regulations on rice products circulating in traditional and modern markets in Indonesia, and legal remedies carried out by consumers who suffer losses on rice products circulating on the market in Indonesia. The results of the research show that the application of SNI regulations is good to be applied to rice products circulating in modern markets and traditional markets in Indonesia, through the application of SNI rice where the regulations are not in accordance with the principles contained in the UUPK. Good legal remedies to be carried out by consumers who suffer losses on rice products circulating in the Indonesian market are certainly through consumer dispute resolution outside the court, namely through the Consumer Dispute Resolution Agency which acts as an intermediary in resolving disputes.
Pembatalan Sertifikat Hak Milik Dibebani Hak Tanggungan (Putusan Mahkamah Agung Nomor 1138 K/Pdt/2012) Fasatama Prakasa; Mada Apriani Zuhir; Herman Adriansyah
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Certificate that is burdened with Rights of Liability with a case study based on Decision of the Supreme Court Num. 1138 K/Pdt/2012. This research is a normative legal research using legislative approach, conceptual approach, and philosophical approach. The type and legal materials obtained from primary, secondary, and legal materials,collected through library study, with deductive deduction techniques. The results of this study are, the judge's consideration of the revocation of the Ownership Rights Certificate that is burdened with Rights of Liability based on Decision of the Supreme Court Num. 1138 K/Pdt/2012is that in the process of making a sale and purchase deed of land rights made by a Land Deed Officer(PPAT) is a legal defect due to engineered by Defendant 1 along with Defendant III (Notary/PPAT), and Defendant 1 did not have the authority to bind Rights of Liability assuranceof land rights object. Legal protection against separatist creditors as holders of Rights of Liability, namely the right to obtain their own authority to sell/execute assurance objects without waiting for a court decision. The supposed arrangement for the revocation of Ownership Rights Certificate burdened with Rights of Liability is to strengthen the value of authentic deeds such as the Deed of Rights of Liability that protects the rights of creditors in guaranteeing creditor rights in registering. The PPAT's responsibility for the deed which is canceled based on the Regulation of the Land Deed Officer, namely compensation from the aggrieved party's claims, administrative sanctions, and charged for criminal acts of letter forgery.
Ada Apa Dengan SKMHT? Novy Dyah Rahmanti
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Notary authority in making the power of attorney imposing Collateral Right (SKMHT) made under the Notarial deed based on Article 96 paragraph (1) of the Regulation of the Head of Land Board No.8/2012 related to Article 38 of Law on Notary Position No.30/2004 (UUJN) is a problem which is, in practice, faced by Notary/Land Certificate Issuing Officer in performing his/her duty as a Public Official making and issuing authentic deed. The SKMHT made under the notarial deed should be regulated in Article 38 of of Law No. No.30/2004 (UUJN) not in Article 96 paragraph (1) of the Regulation of the Head of Land Board No.8/2012 which regulates te authentic deed for the Land Certificate Issuing Officer (PPAT). The deed of SKMHT is not a guarantee institution like the existing guarantee institution but only a Power of Attorney (Authentic) from the debtor /guarantor to the creditor/collateral receiver in a series of early process of the implementation of Collateral Right binding on the object of credit collateral such as a plot of land, therefore, the position of SKMHT deed has not yet had an executorial power on the land/the collateral object. Research methodology in this research is normative juridical research method with statute approach and case approach. The law substances include primary, secondary and tertiary law substance.The result of this study showed that the SKMHT made under the Notarial deed which should be regulated and object to Article 38 of Law No. No.30/2004 (UUJN) was not realized because the Office of National Land Board (BPN) will not process the SKMHT with this provision, except SKMHT uses the format in accordance with the condition in Article 96 paragraph (1) of the Regulation of the Head of Land Board. T using blank SKMHT, then the Notary has acted outside his authority, so the SKMHT does not have proof power as an authentic deed in protect the rights of creditors.
Akta Pemberian Hak Tanggungan Terhadap Hak Buruh Dalam Putusan Pailit Dedi Irawan
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

The purpose of this study are: 1. To find out how to position holders of security rights and workers' rights in the event of bankruptcy. 2. To find out how the legal consequences Granting Mortgage Deed which is a product of the Land Deed Official which gave birth to a security interest against labor rights of labor when the company where the work was bankrupt. The formulation of the problem of this paper are: 1. The position of the holders of security rights and workers' rights in the event of bankruptcy. 2. How does the legal consequences of the deed of award of Encumbrance (APHT) relating to workers' rights when the company where he worked was bankrupt. The theory that I use in this research discipline theory, the theory of legal certainty and legal protection theory. In this study the authors used normative juridical research method. The results of this study are: 1. The sequence-uratan or the position of the creditors in bankrupt companies are as follows: a.Kreditor whose position at the top stock creditor collateral material (eg tax debt) where the basic law concerning this creditor contained in Article 21 KUP Law in conjunction with Article 1137 of the Civil Code, b. Creditors holders of collateral material are embraced as a creditor Separatists (legal basis of Article 1134, paragraph 2 of the Civil Code). To this day collateral material arranged in Indonesia include: 1.Gadai, 2. Fiduciary, 3. Mortgage, 4. Ship Mortgages. c.Utang the bankruptcy estate, which included the bankruptcy estate debt are as follows: Cost of bankruptcy and the fee Curator, d. Wages, good for a time before the debtor bankrupt and after the debtor bankrupt (Article 39 (2) Labor Law, e. Lease building after the debtor bankrupt and so on (Article 38 paragraph (4) Labor Law. F. Creditors preferred specialty, as contained in Article 1139 Civil Code, and g. general preferred creditors, as contained in Article 1149 of the Civil Code; and f.Kreditur concurrent. lenders in this group are all creditors, including creditors separatists and does not include special or general preferan creditors (Article 1131 in conjunction with Article 1132 Civil Code). Based on the sequence of the separatist position of creditors (holders of security rights) on a preferred creditor (wages). 2. to the right of workers indirectly have to wait for the division of the ha-existing rights thereon, in other words the right of workers have reduced by taxes, creditors collateral holder material (creditors separatists), bankruptcy costs and fees Curator.
Perlindungan Hukum Konsumen Akibat Pencabutan Izin Mendirikan Bangunan Apartemen (Studi Kasus di Kota Bandung) Fauzan Aziman Alhamidy; isis Ikhwansyah; Zainal Muttaqin
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

At present many people are interested in living in apartments. In its construction, an apartment requires a building permit (IMB). Apartment residents in this case referred to as consumers have rights and obligations towards the developer as a business actor and vice versa. In the legal relationship between businesspersons and consumers after the agreement, the consumer has the right to have an apartment unit that is suitable for use and is obliged to make payments to the developer. In the case of the city of Bandung there are still apartments that violate the IMB rules. This resulted in sanctions that would be given to developers by the City Government. This study aims to determine the responsibility of the developer to consumers if the IMB of the apartment is revoked and to find out how to legal protection against consumers if the IMB of the apartment is revoked by the Regional Government of the City. Based on the results of the study it can be stated that the developer's responsibility to the consumer is an absolute responsibility (strict liability) and responsibility responsibility based on the agreement (contractual liability). Absolute responsibility (strict liability) that is the business actor must be responsible for consumer losses without having to prove the presence or absence of error on the business actor. Efforts to protect consumers from consumers who are disadvantaged when the Permit for Building an Apartment is revoked by the Bandung City Government is done by taking a dispute resolution through the consumer dispute resolution agency because it is faster than the dispute resolution in a court that requires a long time, expensive court fees and the court is generally not responsive, Settlement of disputes at BPSK compared to through the courts, it is more flexible and can choose ways of resolving disputes in mediation, arbitration or conciliation and is more competent in resolving disputes in the field of consumer protection.Keywords: Government, Developers, Legal Protection of Consumers
Perlindungan Hukum Penerima Protokol Werda Notaris Dan Kewajiban Menyimpan Rahasia Jabatan Padry. M
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

This study aims to: 1) to find out and analyze the form of legal protection against the responsibility of notary recipients of protocols by notaries in relation to the obligation to keep secret positions according to the notary's office rules, 2) to know and analyze the form of legal responsibility of notary recipients of the notary in mandatory relation keep position secrets according to the notary office rules. The legal issue or legal issue to be examined in this paper is the existence of a vague legal rule in Article 4 paragraph (2) of Law Number 30 of 2004 concerning Notary Position (hereinafter simply referred to as UUJN), Article 16 paragraph (1) letter f Law No. 2 of 2014 concerning Amendments to Law Number 30 Year 2004 concerning Notary Position (hereinafter sufficiently referred to as UUJN-P), Article 54 paragraph (1) UUJN-P, and Article 66 UUJN-P which regulates protection the law regarding the notary's responsibility in carrying out his position is not in the capacity as the recipient of the protocol by the notary and the legal responsibility of the notary recipient of the protocol. Furthermore, there are legal rules that are vague in Article 65 of the UUJN-P which regulates the boundaries of accountability or responsibility of the notary and the vacuum of criminal and civil law as a form of legal protection against the responsibility of notary recipients of protocols notary in relation to having to keep office secrets according to office rules Notary Public. The problems that will be examined in this study are : 1) how the form of legal protection against the responsibility of notary recipients of protocols is notary connection must keep the secret of position according to the notary's office rules ?, 2) how the form of legal responsibility notary recipient protocol notary in connection must keep position secret according to the notary's office rules ?. The type of research in this study is normative juridical research. The approach used in this study is the statute approach, the conceptual approach. Legal materials include primary, secondary and tertiary legal materials. Analysis of legal material in this study was conducted by inventorying norms and rules relating to the focus of the study, then systematizing these norms, to then be interpreted according to the subject matter of the study.
Pembuatan Kuasa Menjual Dalam Penyelesaian Kredit Macet oleh Bank Dengan Proses Aset yang Diambil Alih (AYDA) M. Abdilah Surindo Hasibuan
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Banks in extending credit to the public always prioritize the principle of prudence. However, Even though the bank has conducted an in-depth analysis of credit proposals from prospective borrowers, it turns out that every credit that has been channeled is inseparable from the risk, To minimize the risk of failure to repay credit by the debtor, the bank requires collateral in providing credit. Most of the collateral submitted by the debtor is in the form of land rights which will then be encumbered with Mortgage Rights. When the debtor defaults, the bank can execute the mortgage against the collateral. But apparently the execution of mortgage is not as easy as imagined, many obstacles that occur in the field, so banks try to find alternatives to settle bad debts through the process of Foreclosed Collateral (AYDA, In this study, the author tries to review the settlement of bad loans through Foreclosed Collateral (OREO) in terms of the Underwriting Rights Act (UUHT). The conclusion obtained that the settlement of bad loans through OREO as regulated in article 12 A of the Banking Law violates the provisions of article 12 and 20 UUHT. This type of research in writing this paper is a normative legal research with a statutory approach and an analytical concept approach (Analitical and Conceptual Approach.
Akibat Hukum Pencairan Kredit Yang Didasarkan Pada Covernote Notaris Silvia Anggraini Yusmi
Recital Review Vol. 2 No. 2 (2020): Volume 2 Nomor 2 Juli 2020
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v2i2.9043

Abstract

The purpose of this study is to examine and analyze the legal consequences of credit disbursement based on covernote notaris. This type of research used in this study is normative juridical research using the law approach, conceptual approach, and case approach. The results of Covernote's research made on the basis of an agreement between the Notary and the Bank in disbursing credit are valid, but only have a position as a statement from the notary and have no legal power because there is no Notary's authority in making a Government. The legal consequence of credit disbursement based on Notary covernote is that if the management of mortgage rights cannot be completed in accordance with the covernote made by the Notary Public, the object of collateral in the mortgage agreement cannot be executed immediately or the mortgage agreement is null and void while the credit agreement has not yet ended. Covernote Notary does not have the legal power to provide legal protection for banks as creditors in credit agreements in the event of defaults during the process of assigning collateral rights. The notary can be held liable for his mistakes if in the issuance of the covernote there are elements which contain incorrect information about the contents of the covernote. Keywords: Covernote, Notary, Banking
Tanggung Jawab Pemegang Protokol Notaris Terhadap Akta Yang Batal Demi Hukum Dewi Oktavia
Recital Review Vol. 3 No. 1 (2021): Volume 3 Nomor 1 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Abstract This study aims to, 1) find out and analyze the form of responsibility of the recipient of the Notary protocol to the deed declared null and void by law. 2) Legal protection for Notary protocol holders against deeds that are null and void by law. The formulation of the study's masalash are, 1) What is the form of the recipient of the Notary protocol's answer to the deed that was declared null and void. 2) Legal protection for Notary protocol holders against deeds that are null and void by law. This research is a normative legal research, which is conducted by examining legal materials, such as research on legal principles, as well as positive law in Indonesia. This study uses 3 (three) methods of approach in legal research, namely conceptual suppressors, legislative approaches and case approaches. The results of this study are the Notary who has accepted the protocol is responsible for maintaining the notary protocol that is transferred to him. and also authorized to issue Grosse Deed, Copy of Deed, or Deed Quotation, regarding the material on the deed made beforehand not the responsibility of Notary recipient of the protocol. Legal protection for the recipient of the protocol does not provide legal protection because in the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public has not been regulated.   Keywords: Responsibility, Notary Protocol, Deed.
Aspek Hukum Pidana dan Hukum Kontrak terkait Tindakan Akses Daftar Kontak Debitur oleh Perusahaan P2P Lending dalam Rangka Penagihan Utang Rahel Octora
Recital Review Vol. 2 No. 2 (2020): Volume 2 Nomor 2 Juli 2020
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v2i2.9121

Abstract

Abstrak Peningkatan kebutuhan masyarakat akan tersedianya dana membuat masyarakat mencari berbagai macam alternatif sumber dana, termasuk pembiayaan untuk memenuhi berbagai kebutuhan. Proses pengajuan pinjaman melalui lembaga keuangan bank yang mensyaratkan berbagai proses verifikasi sebelum permohonan pinjaman dapat dikabulkan, membuat sebagian masyarakat lebih memilih untuk meminjam dana melalui aplikasi / layanan penyaluran pinjaman yang beroperasi secara online. Proses yang dilalui tanpa tatap muka,berakibat pada tingginya risiko gagal bayar. Untuk mencegah hal tersebut, beberapa pihak penyelenggara pinjaman berbasis teknologi informasi menetapkan klausul bahwa pihak debitur setuju untuk memberikan ijin pada penyelenggara untuk mengakses data kontak yang terdapat pada ponsel milik debitur. Kemudian, dalam hal terjadi gagal bayar, pihak penyelenggara pinjaman melakukan penagihan kepada pihak ketiga (kontak debitur), dan penagihan tersebut seringkali dilakukan secara intimidatif. Penagihan yang bersifat intimidatif tersebut tentunya bersinggungan dengan peraturan hukum pidana yang berlaku di Indonesia. Penelitian ini dilakukan dengan metode yuridis normatif, di mana bahan-bahan yang digunakan adalah bahan hukum primer berupa peraturan perundang-undangan dan bahan hukum sekunder berupa berbagai literatur di bidang hukum. Hasil dari penelitian ini adalah bahwa pemberlakuan klausul di mana debitur mengijinkan perusahaan P2P Lending melakukan akses kontak di Indonesia merupakan salah satu indikasi terjadinya undue influence atau penyalahgunaan keadaan. Negara harus memberikan batasan dengan memberlakukan ketentuan-ketentuan hukum yang bersifat memaksa. Tindakan penagihan secara intimidatif juga merupakan pelanggaran hukum pidana, khususnya UU ITE terkait dengan distribusi informasi elektronik yang bermuatan pengancaman. Perusahaan P2P Lending sebagai sebuah korporasi seharusnya dapat dipertanggungjawabkan secara pidana. Kata Kunci : P2P Lending, Daftar Kontak, Hukum Pidana, Hukum Kontrak Abstract Community needs of fund is now increased rapidly. It makes people look for various alternative sources of funds, to fulfill their needs. Banks may distribute such fund in the form of loan. The granting of loan from banks as creditors is written in a loan agreement document. The loan application process through a bank requires various verification processes before a loan application can be granted. This situation makes some people prefer to borrow funds through Peer to Peer Lending Corporation, that operate through online platforms. The process is done without face to face verification process. It may cause a high risk of non-performing loan. To prevent the high risk of non-performing loan, information technology-based loan providers, commonly stipulate a clause that “the debtor agrees to give the permission to access the contact data contained on the debtor's cellphone.” Then, in the event of a default, the loan provider will contact a third party (debtor contact) for debt collecting purposes, and the collection process oftentimes done with intimidation. Intimidating debt collecting, is certainly in violates criminal law regulations in Indonesia. This research was conducted using the normative juridical method, in which the materials used were primary legal materials in the form of legislation and secondary legal materials in the form of various literature in the field of law. The results of this study are: 1. the clause in online loan agreement, which state that the debtor allows P2P Lending companies to access contacts is an indication of undue influence or abuse of the situation. To overcome this problem, the state must impose administrative and criminal provisions. 2. Intimidating debt collecting is also a violation of criminal law, especially the Information and Electronic Transaction Law, related to the distribution of electronic information that contains threats. P2P Lending companies as a corporation should be criminally liable. Keywords: P2P Lending, Contact List, Criminal Law, Contract Law

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