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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 7 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2018)" : 7 Documents clear
Legal Protection Towards Workers Under Collective Labor Agreement Grace Albertin A.
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.745.88-96

Abstract

The Collective Labor Agreement is one of working agreements negotiated by workers joining the trade union organizations together with employers as employment providers. In the making of the agreement, it must first be negotiated by both parties. In particular, in order for the trade union to attend the negotiation, it must meet the requirement stipulated in the provisions of law and regulation stipulated in Laws Number 13 Year 2003 on Labor and Ministerial Regulation Number 28 Year 2014. The two regulations have non-interrelated arrangements or in other words it can be said as conflict of norms, hence this present study is conducted to examine the validity of enactment of collective labor agreement in a company and the legal protection for the trade union under the collective labor agreement. The study makes use of normative research method, i.e. by reviewing the documents of legislations and the literatures with legislation and conceptual approach. The result of the study shows that the validity of enactment of collective labor agreement refers to its relation with legal validity of a norm in the principle of legislation lex superior derogate lex impriori, so that the labor laws is enacted, but not apart from the role of labor ministerial regulations. The validity of the legitimate terms of an agreement is also needed to underlie a collective agreement. The legal protection that can be applied for trade union is in the form of supervision as well as legal protection both preventive and repressive outlined in the collective labor agreement content.
General Election and the Study of the Future Tomy Michael
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.873.130-136

Abstract

Indonesia's position in electoral development is getting better because of the legislation. It is different when a strong bargaining position is artificial. In this case, the state becomes strong because of its own efforts such as having sophisticated technology programs, producing sophisticated weapons, or having world-class athletes. The problem is when the candidate listed in the empty ballot has been elected by the community but the chosen one does not win, then such election is actually not of the will of the community. This study uses normative legal study design which means that it is normative juridical legal research. The approaches used in legal research are statute approach, case approach, and conceptual approach. Future elections will no longer change when there is no legal clarity in Indonesia if the robot is included in it. The election aimed at robots for is not being a contradiction but is a way out to produce elections that are truly fair. When we choose robots in the elections, artificial intelligence holds norms in society. Artificial intelligence will become a habit in Indonesia, turning to jus cogens because its main nature is indirect force.
Nominee Agreement Made For The Purposes Of Land Ownership By Foreign Citizens On The Basis Of ANotarial Deed Luh Putu Sudini; I Wayan Kartika Jaya Utama
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.849.109-115

Abstract

National land laws prohibit the ownership right of land by foreigners as reflected in the provisions of Article 9 UPPA, the Basic Agrarian Law, which confirm that only Indonesian citizens who can have ownership rights on the land. In addition, the provisions of Article 26 Paragraph (2) UUPA also prohibit the transfer of ownership of land from the citizen of Indonesian to foreign citizen, both directly and indirectly. Legal consequences of the deed of agreement of the land ownership rights of Indonesian citizen by foreign citizens made by a notary public is null and void because the objective conditions are not met, as postulated by Article 1320 of the Civil Code. Indeed ownership rights to land by foreign citizens, either directly or indirectly does not promise a legal protection to the party concerned.
Legal Consequences For The Guarantee Agreement Of The Warehouse Receipt Made With The Deed Dewa Made Ari Widiyatmika
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.846.75-87

Abstract

In the legislation concerning the Warehouse receipt system in Indonesia, there is no explanation of the form of the agreement to impose security rights on warehouse receipts. As a result, the agreement is made under private a deed. The purpose of this study is to find out related provisions to legal consequences of the agreement to impose security rights on warehouse receipts made with the deed under hand. The research method used in this study is normative juridical method with statute approach. The data of the study were collecting by examining primary legal materials, namely legislation and secondary legal material in the form of doctrines or theories obtained from legal literature and scientific research. Results of the study show that the conditions that must be fulfilled in preparing the agreement to impose the guarantee rights on the Warehouse receipt encompass the validity of the ownership of the Warehouse receipt, the validity of the agreement based on Article 1320 of Indonesian BW. The agreement to impose the guarantee right on the Warehouse receipt is made with an authentic deed, and notification to the registration center or BAPPEBTI. The legal consequence of the agreement to impose the guarantee right on the warehouse receipt made under the deed of hand is that it does not have perfect verification power in the event that one party can still deny the signature in the deed under hand, and another supporting evidence is required in the court to prove the truth of the deed under the hand. It is different from an authentic deed made by a general official who has perfect verification power (volledig) and is binding (blindende).
The Implication Of Computerized System-Based Mortgage Right Registration I Putu Arwan Puspa Resmawan; Any Andjarwati
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.871.97-108

Abstract

The Circular No. 5/SE-100/I/2015 dated January, 29th 2015 issued by the Ministry of Agrarian and Spatial Planning/Head of National Land Agency, gives order to all ranks of working environment of the Land Agency to use the computerized system in the service of land registration, as long as the facilities and infrastructures are adequate. The strategy is aimed at; easing the access to land registration services for society and modernizing the agrarian management and service, Spatial Planning, and Land service. This is due to some reasons, which also affects the Mortgage Right registration system which, according to respondents, more than one registration of deed of imposition of mortgage but still in one credit agreement, cannot be registered at the same time. This study is an empirical research or non-doctrinal legal research. With regard to this the present study examines implementation of Mortgage Right registration at the Land Office of Badung District based on a computerized system after the issuance of the Circular 5/2015, to identify the obstacles faced in registering Mortgage Right in that new system and to seek for solutions to solve it.
Motorcycle as a Fidusia Guarantee Object in Financing Companies in PT Adira Cabang Denpasar Anak Agung Ayu Sri Wulan Jayanti
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.747.122-129

Abstract

In Practice Financial Institutions and Financing Institutions operationally require another type of service, namely a guarantee facility. The guarantee itself in economy is divided into two broad lines that differentiate it, namely moving assets guarantee and immovable assets guarantee. The guarantee of immovable assets or land with all the objects attached to it is called mortgage, while for the guarantee of moving assets is regulated in Fiduciary Institutions. In Indonesia Fiduciary Institution already has its legal basis that is Law No.42 Year 1999 on Fiduciary. This research method combines between quantitative and qualitative research method to be used together in a research activity, so that it is obtained data that more comprehensive, valid, reliable and objective. Accordingly, this study will examine what is the rationale of making motorcycle as fiduciary and its implementation in the field. The regulation of Fiduciary Institution in the financing company is strictly regulated in the Laws number 42 Year 1999 on Fiduciary, is the transfer of property rights to the goods as a guarantee on the basis of trust, while the object itself remains in the hands of the owner. The implementation of imposition of motorcycle as a fiduciary at a financing company in PT.Adira Denpasar is an absolute requirement for the purpose of legal certainty that is expressly regulated in the credit agreement. This is because fiduciary security is very important for financing companies to counter the risks that may arise in the future as a result of lending by the company to the customer. Due to credit law without fiduciary in case of default at PT. Adira Denpasar, that credit without fiduciary carries a greater risk so that the legal consequences is apply that all existing and future moveable and immovable customer’s property become guarantee to debt payments. At PT. Adira Denpasar, applying prudential principles in every lending to customers by seeking guarantee or known as credit with guarantee, as one effort to minimize the risk of loss that will be suffered as a result the debtor cannot pay off the credit as agreed in the credit agreement.
The Implication of Recognition Principle in the Administraton of Village Governance Endang Retnowati; Edi Krisharyanto; Noor Trihastuti
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.872.116-121

Abstract

This study aims to analyze the implications of the existence of the principle of recognition to the administration of village governance. The method used is normative method with juridical, statute, and doctrinal approaches. The principle of recognition brings the existence of the village to play an independent role in the administration of village governance and the affairs of the village while increasing the participation of the village community in realizing good governance. This principle of recognition is also an alternative in exploring the origin of the village in question, especially for villages that are beginning to forget their origins. Notwithstanding, basically the principle of recognition is recognizable as long as it is still alive and applies in the village concerned.

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