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INDONESIA
Jurnal Notariil
Published by Universitas Warmadewa
ISSN : 2540797x     EISSN : 26151545     DOI : https://doi.org/10.2225/jn
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 9 Documents
 1 
Search results for , issue "Vol. 10 No. 2 (2025)" : 9 Documents clear
Juridical Study of Ownership Rights over Apartment Units on Land with Building Use Rights for Foreign Citizens Anang Muhammad Rizaldi; Ida Bagus Agung Mahesora Mas; Christian Isacc Alexander Alianto; Nur Imam
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.64-70

Abstract

Indonesia has great potential in the field of tourism, especially in Bali, which encourages foreign nationals (WNA) to own residences in Indonesia. However, land ownership by foreign nationals is restricted by provisions in the Basic Agrarian Law (UUPA). This study aims to examine the ownership status of apartment units built on Land Use Rights (HGB) for foreign nationals, as well as to trace the normative conflicts arising between the UUPA and the provisions in Law Number 6 of 2023 and Government Regulation Number 18 of 2021. The research method used is normative legal research with a legislative and conceptual approach. The results show that although the latest provisions allow foreign nationals to own apartment units on HGB land, this contradicts Article 36 of the UUPA, which restricts HGB subjects only to Indonesian citizens and Indonesian legal entities. The conclusion from this study is that foreign ownership of apartment units on HGB land creates a conflict of norms, and such ownership should only be permitted on use-right land in accordance with the provisions of the UUPA.
Legal Implications of the Annulment of Land Grant Deeds and the Liability of the Land Deed Official in Deed Execution Febrina Dwi Hendrawani; Mutia Kirana Aprilia
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.105-113

Abstract

This research examines the legal implications of the annulment of land grant deeds and the liability of the Land Deed Official within the context of Indonesian civil law, particularly under Articles 1666–1693 and Article 1320 of the Indonesian Civil Code. The annulment of a grant deed, often resulting from a violation of Article 1668—which prohibits the grantor from retaining control over the granted property—renders the deed null and void ipso jure, restoring ownership rights to the grantor through restitutio in integrum and cancelling the related land certificate in accordance with the Indonesian Regulation of the Minister of Agrarian Affairs No. 3 of 1997. This study employs a normative juridical approach using statutory, conceptual, and case-based methods, highlighting the weak verification practices of Land Deed Officials, which often trigger disputes and legal uncertainty, thereby undermining the principle of legal certainty as stipulated in Article 19 of the Indonesian Basic Agrarian Law. The liability of the Land Deed Official encompasses civil aspects under Article 1365 of the Indonesian Civil Code, administrative aspects under Government Regulation No. 24 of 2016, and ethical aspects; however, weak supervision exacerbates socio-economic losses. This research emphasizes the urgent need for reform, including strengthening the professional competence of Land Deed Officials, enhancing verification technology, and harmonizing relevant legal frameworks, in order to ensure the legality of land grant transactions, prevent disputes, and realize agrarian justice.
Deviations in the Use of Fixed-Term Employment Contracts (PKWT) in the Outsourcing System in the Industrial Relations Court Decision No. 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst. Devina Novela; Gunardi Lie
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.114-122

Abstract

Outsourcing has become a choice for companies in dealing with market competition to reduce production costs and increase company flexibility. In practice, outsourcing uses PKWT to form a bond between employers and workers. However, disputes often arise between the two parties regarding rights and obligations that are frequently violated, especially by companies that take advantage of the existence of PKWT to bind outsourced workers. The issues to be examined are the misuse of PKWT in the outsourcing system in PHI Decision No. 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst. and the application of the principles of protection and legal certainty for outsourced workers in cases of misuse of PKWT in the aforementioned case. The author applies a normative research method with primary legal materials, namely positive labor law and secondary legal materials such as books and legal journals through legal literature study techniques. With a regulatory approach, the data is then analyzed using qualitative methods to compile the data into information. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of a pseudo-employment relationship that gives rise to legal consequences for which the company must be held accountable. The application of the principles of legal protection and legal certainty is a form of justice obtained by workers so that the agreement that has been made is binding on both parties. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of pseudo-employment relationships that give rise to legal consequences for which the company is liable. The application of the principles of legal protection and legal certainty is a form of justice for workers, so that the agreements that have been made are not merely a formality but provide real protection.
Legal Implications of the Annulment of Land Grant Deeds and the Liability of the Land Deed Official in Deed Execution Yenni Kartika; Rasji Rasji
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.123-129

Abstract

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.
Legal Pluralism in Corporate Social Responsibility (CSR) Based on Tri Hita Karana in Bali I Wayan Suarjana
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.71-74

Abstract

Corporate social responsibility based on Tri Hita Karana in Bali creates a unique coexistence between positive law and customary law in corporate governance. This study analyzes the legal coexistence in Tri Hita Karana CSR, examines normative conflict resolution mechanisms, and evaluates the consistency of legal pluralism. The normative juridical method uses legal materials analysis through regulatory, conceptual, and comparative approaches. The results indicate that coexistence manifests in three constructions: complementary harmonization, selective adaptation, and continuous negotiation. Conflict resolution is regulated through a hybrid legal structure with strong legitimacy in the hierarchy of norms. Legal pluralism creates systemic consistency that integrates local values with national standards.
Validity of The Guarantee Bond Agreement with Life Insurance Policy as The Object of Guarantee Ni Made Kintan Ayu Arya Putri; I Made Dedy Priyanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.75-80

Abstract

This study examines the legal status of conventional life insurance policies as collateral objects in bank financing based on the Civil Code (KUHPerdata). The main focus lies on two issues: (1) whether life insurance policies can be categorized as intangible objects according to Article 511 paragraph (3) of the Civil Code; and (2) how is the validity of the collateral binding agreement for the life insurance policy. By using the normative legal research method through literature study, it was found that life insurance policies are conditional obligations whose validity depends on certain events (for example, the death of the insured). Therefore, this policy cannot be classified as an object within the meaning of Article 511 paragraph (3) of the Civil Code because it does not contain any achievements that can be directly collected. In addition, as an independent principal agreement, insurance policies cannot be used as primary collateral in credit agreements because they conflict with the principle of accessory agreements. Combining the function of the policy as primary collateral in one unit with a credit agreement has the potential to cause the agreement to be void by law. However, insurance policies can be used as additional collateral (second way out) as long as they maintain their basic function as risk coverage contracts. This research contributes to strengthening the legal framework of guarantees and providing legal certainty for financial institutions and customers in credit guarantee practices.
Inconsistency of The Principle of Horizontal Separation in Law Number 4 of 1996 Concerning Mortgage Rights Ni Luh Ari Andini Adnyana; I Wayan Novy Purwanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.81-88

Abstract

The objective of this study is to analyze the inconsistency in the application of the horizontal separation principle within Law No. 4 of 1996 on Mortgage Rights over Land and Objects Related to Land, as well as its legal consequences. This research employs a normative legal research method with a statute approach, focusing on the analysis of legal norms, principles, and regulations. The data collection technique involves a literature review of journals, books, and relevant legal provisions. The findings indicate that although the horizontal separation principle is incorporated into the Indonesian agrarian legal system under the Basic Agrarian Law (UUPA), inconsistencies arise from the misalignment between UUPA and the Mortgage Rights Law (UUHT). These inconsistencies result in uncertainties regarding collateral objects, insufficient protection for building owners who do not hold ownership over the land, and potential obstacles in the execution of creditor’s rights. It is necessary to harmonize the two legal frameworks to establish clearer and more reliable legal certainty.
Fingerprint Attachment in Notary Act Minutes: Analysis of Implementation and Its Impact on Authentic Acts Ida Ayu Ari Mahayani; I Wayan Novy Purwanto
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.89-97

Abstract

Urgency of attaching the fingerprints of the parties in the minutes of notarial deeds as an effort to strengthen the validity of authentic deeds and reduce the potential for legal disputes. This practice is based on the provisions of Article 16 paragraph (1) letter c of Law No. 2 of 2014 concerning the Position of Notary, which mandates notaries to attach the fingerprints of the parties as part of the minutes of the deed. Through a normative legal approach, this study analyzes the legal basis, implementation in the field, and legal impacts if these provisions are not met. The results of the analysis show that attaching fingerprints is not just an administrative formality, but has an important function in proving the presence and identity of the parties in the deed-making process. The absence of fingerprints in the minutes can potentially reduce the value of the deed's evidentiary value as an authentic deed, even opening up the opportunity for cancellation or lawsuits in the future. Therefore, attaching fingerprints must be understood as a substantive obligation that cannot be ignored. This study recommends strengthening supervision of the implementation of these obligations and increasing the understanding of notaries and the public regarding the importance of this aspect in legal protection.
The Notary's Responsibility for False Statements From the Parties in the Making of Authentic Deeds Reviewed From the UUPA Ni Nyoman Ayu Sri Ratna Sari; I Made Walesa Putra; I Gusti Ngurah Dharma Laksana
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.98-104

Abstract

A Notary is a Public Official who is authorized to make authentic deeds in accordance with the provisions of UUJN Article 1 number 1. Notaries are required to be responsible for the deeds they have made. However, the problem is when the authentic deed made by the Notary contains false information or untruths from the parties. In this case, the Notary only contains data and information provided by the parties. There are no regulations regarding the notary's obligation to validate information from the parties. The purpose of this study is to determine the notary's responsibility when the authentic deed contains false information from the parties and the form of legal protection for notaries against deeds containing false information. The research method used is the normative juridical legal research method which departs from the absence of norms where there is no regulation regarding false information contained in the Notary's deed. Using primary, secondary and tertiary legal materials as well as conceptual approaches and statutory approaches. The results of the study can be concluded that the notary is responsible for the deeds he made both civilly, criminally and administratively. Criminal responsibility lies entirely with the party who provides false information. If a notary intentionally falsifies or manipulates the contents of a deed, he or she can be held legally responsible. Legal protection for notaries can be seen in article 66 of the UUJN where a notary for the benefit of the court, investigation, public prosecutor, or judge with the approval of the Notary Honorary Council.

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