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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. 4 No. 2 (2019)" : 7 Documents clear
LEGAL SATISFACTION SUSPENDED BY LAND DEED OFFICIAL THAT DOES NOT MEET THE MINIMUM PRICE STANDARD FOR PURCHASING APARTMENT FOR FOREIGNER IN INDONESIA I Nyoman Sujana; I Nengah Renaya; I Wayan Mustika Adi Prapta
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1351.73-79

Abstract

The aims of this study are to investigate the legal certainty of the Land Deed Official that does not meet the minimum price standard on purchasing apartment units for foreigners domiciled in Indonesia and to examine the consequences of the Land Deed Official that does not meet the minimum price standard on purchasing flats for foreigners. This study is normative legal research that uses a statutory approach and a legal concept analysis approach. Legal materials are collected using the snowball method and analyzed systematically with legal discovery techniques. The results showed that the legal certainty of the Land Deed Official that does not meet the minimum price standard in purchasing flats for foreigners according to the provisions of Article 11 of the Republic of Indonesia Government Regulation Number 103 Year 2015 on Housing Ownership or Occupancy by Foreigners Occupied in Indonesia. the law and the legal consequences of the Land Deed Official which does not meet the minimum price standard for the purchase of flats for foreigners are null and void, because they are contrary to the legal objective conditions of the agreement stipulated in the provisions of Article 1320 of the Civil Code about a particular measure that is clear, required and justified by law.
REGULATION OF THE CORPORATE SOCIAL RESPONSIBILITY CONCEPT IN THE COMPANY LIMITED IN INDONESIA LEGAL PRODUCTS I Nyoman Yatna Dwipayana Genta
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1237.96-102

Abstract

Corporate Social Responsibility (hereinafter written CSR) must be legally enforced by a Limited Liability Company that runs business activities in the field and/or related to natural resources in Indonesia. This provision comes into force since the promulgation of Law No. 40 of 2007 concerning Limited Liability Companies, State Gazette of the Republic of Indonesia of 2007 No. 106, Additional State Gazette of the Republic of Indonesia No. 4756 (hereinafter the Limited Liability Company Law). Taking into the problem, this study aims to explore more deeply about the urgency of regulating the concept of CSR from what was initially voluntary and then becoming a legal or mandatory obligation after the enactment of the Limited Liability Company Law. The type of research used in this study is a type of normative legal research, using the type of legislation approach, approach to Legal Concept Analysis and Historical approaches. Based on the result of the study, it can be concluded that the sustainability of the company will be guaranteed if the corporation participates in the interests of stakeholders and the environment in which the Limited Liability Company conducts its activities becomes one of the urgency of regulating the concept of CSR in Indonesian legal products. The basic factors that make the implementation of CSR activities in Indonesia have not run optimally are that there are still weaknesses in the regulation on the regulation of CSR concepts in Indonesia which include restrictions on companies.
LAW ASPECT OF “LET THE PRODUCER AWARE” PRINCIPLES RELATED TO CONSUMER PROTECTION LAW IN INDONESIA Deviana Yuanitasari; Sonny Dewi; Susilowati Suparto; Hazar Kusmayanti
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1196.80-84

Abstract

Changes in the legal construction begin with a paradigmatic shift in the relationship between the consumer and businesses, as reflected in the preference of let the producer aware principle in favor of letting the buyer aware principle. This study aims to find out the implication of the let the producer aware principle for goods and services, and its development in consumer protection law in Indonesia and to find out the legal system of Indonesia adopts the let the producer aware principle in order to protect Indonesian consumers. The research method applied in this study is normative juridical approach. The data obtained from the study of literature which is used as secondary data. Furthermore, interviews were conducted to obtain primary data, and then the data were analyzed by juridical qualitative method. As a result of analysis, it shows that firstly: the implementation of let the producer aware principle in Indonesia has not been properly conducted because of the common perception that consumers’ opinion is less valuable than producers’. Secondly, the adoption of the let the producer aware principle for consumer protection by Indonesian Legal policy is shown by Law Number 8 Year 1999 about Consumer Protection (Indonesian Consumer Protection Act), which is based on the principle of fault liability, utilizing reversed burden of proof. This way, both parties are protected, because it proportionally distributes the liability to each party. In conclusion, both producers and consumers are equally protected on condition that they can provide evidence of the losses obtained.
CRIMINAL POLICY IN CONFLICT INDIGENOUS LAND Anak Agung Gde Bagus Mahendra Putra; Simon Nahak; I Ketut Widia
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1361.103-113

Abstract

This study aims to analyze the criminal policy in the field of land against customary land conflicts and the criminal policy regarding efforts to overcome conflicts over customary land tenure. The method used is normative legal research with a statutory approach, a library approach, a case approach and a concept approach. The materials used are primary, secondary and tertiary data sources, and then analyzed using legal hermeneutic interpretation techniques. As a result of analysis, it shows that the Criminal Policy in the Field of Land Against Customary Land Conflict is the act of the perpetrators both individually and in groups can result in losses not harmonizing the local indigenous community, there is a criminal nature against the law so that there are perpetrators subject to criminal sanctions in the form of basic penalties namely; as regulated and threatened in Article 10 of the Criminal Code in the form of basic sentences namely the death penalty, imprisonment, confinement and fines and additional penalties for revocation of certain rights, the seizure of certain items and the announcement of a judge's decision. In conclusion, the criminal aspect in every customary conflict is always trailing because usually in customary conflict there are parties who force the will to intersect with customary issues so that they can disturb public order until there is a criminal nature against the law.
LEGALITY OF DEBT RECOVERY LETTERS WITH THE POWER OF SELLING BASED ON ARTICLE 224 HIR (HERZIEN INLANDSCH REGLEMENT) Nyoman Chrisna Dewi Asmarani; I Nyoman Sujana; I Nyoman Putu Budiartha
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1354.85-95

Abstract

This research aims is to determine the basis for judges' considerations in ratifying the sale and purchase deeds based on the Debt Recognition Letter with Power of Attorney to pay off debts in the Decision of the Supreme Court No. 2290 K / PDT / 2012 which can be justified based on the prevailing laws and regulations and knowing the matters that need attention concerning the legal consequences of the deed of selling right for guarantee of Land Rights. This recent study uses a normative legal research method that examines and analyzes existing legal issues through existing legal sources and applicable laws and regulations. The results of this study found that the Judge's Consideration in the Supreme Court Decree No. 2290 K / PDT / 2012 which stated that Judex Facti was not wrong to apply the law, decided two legal actions of the plaintiff were legally valid and the legal consequences that occurred after the Supreme Court Decision No. 2290 K / PDT / 2012, then the creditor can have a Guarantee for Land Based on a Credit Recognition Letter made imperfectly (Authentic and Unilateral) on the basis of a Deed of Sale and Purchase without a number authorized by the Panel of Judges in the Decision.
FULFILLMENT OF GOOD FAITH PRINCIPLE IN PREPARATION OF STANDARD CLAUSES Celina Tri Siwi Kristiyanti
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1398.114-122

Abstract

Standard clauses are made by business actors with the aim of efficiency and effectiveness. However, various problems arise from standard clauses made by business actors both producing goods and providing services. Standard clause is not prohibited if it pays attention to the balanced position of the parties, but conversely if it contains exoneration clause then this is categorized as null and void. Provisions on the prohibited standard clause are regulated in Law No. 8 of 1999 concerning Consumer Protection of Article 18. This study aims to determine the fulfillment of good faith principles in the preparation of standard clauses and identify the consequences of the agreement containing standard clauses that are not in accordance with the principles of good faith. The research method used is normative research using primary legal material from the Civil Code, Law No. 8 of 1999 concerning Consumer Protection and secondary legal materials in the form of reference books and articles in legal journals. The results obtained, the principle of good faith is regulated in Book III of KUHPdt article 1338 thus it must be concretized in the form of an agreement with a standard clause that provides a balanced position for the parties. If there is an exoneration clause, the standard agreement is categorized as null and void.
THE VALIDTY OF CREDIT AGREEMENT WITH COLLATERAL LAND AND BUILDING LETTER C Dyah Ochtorina Susanti; Herowati Poesoko; Nuri Hidayati
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1208.65-72

Abstract

This study aims to determine the legality of credit agreement made with a guarantee of land and building proof of ownership of Letter C without the existence a Power of Attorney Charging Mortgage (SKMHT), Giving Deed Mortgage (APHT), and Mortgage Certificate (SHT). This study used a normative juridical research method with a statutory approach, conceptual and case. The credit agreement that has been made is stated and affects the law with the agreement that among the creditors (PNM) and the debtor (Komsatun) followed by the completion of the investment object, this was only in accordance with the 1320 Civil Servants Court. As for land and building of Letter C which was made as a courtesy agreement credit is displayed nothing happens and canceled as for law becase is not following madate paragraph 10 (3) UUHT, that letter C land to be used as a mortgage then the dependent can still be possible while giving it at same time with the process of applying for a land mortgage. Based on the result of the study, it can be concluded that the Credit agreement which made by the ownership of letter C of land and buildings guarantee without any binding for the notarial deed/PPAT in form of SKMHT, APHT, and SHT is official and binding according to law. Because of the credit agreement which already made according by agreement by the creditor (Bank PNM Ulam) and the debtor (Komsatun) followed by submission of money as an agree-ment project.

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