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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. 5 No. 2 (2020)" : 7 Documents clear
The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker Dewa Gede Wibhi Girinatha
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1758.65-69

Abstract

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.
The Existence of Publicity Principles in Complete Systematic Land Registration Anak Agung Istri Chintya Paramitha; I Made Suwitra; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1759.81-88

Abstract

This study aims to analyse the legal certainty of land rights certificates through the complete systematic land registration program regulated in Permen ATR / BPN No.6 / 2018. The issues examined include the legal certainty of land rights certificates issued based on Permen ATR / BPN No.6 / 2018 and legal protection of certificates issued under Permen ATR / BPN No.6 / 2018 for holders of certificates of land rights. This study uses normative legal research. The data was primary and secondary legal materials related to land registration. The results of the study are associated with legal objectives, then Permen ATR / BPN No. 6/1997 provides great advantages and can create an element of justice by issuing certificates throughout the community, so that legal certainty is given but it becomes weak due to disharmony between the two rules. So that applies the legal principle of the lex superiori derogat legi inferiori. The lower provisions are null and void and have no binding legal force as a result, land rights certificates issued based on Permen ATR / BPN No.6 / 2018 do not have legal power. In order to achieve legal certainty and protection, the provisions of Article 24 paragraph (2) Permen ATR / BPN No.6 / 2018 is adjusted to Article 26 paragraph (1) PP No. 24/1997 or the rules regarding PTSL are made in laws and regulations of the same level or higher than PP No.24 / 1997.
Institutional Arrangement of the Regional People’s Representative Council in State Administration System of Republic of Indonesia Lukman Hakim
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1959.97-106

Abstract

Due to repeated changes in the operational arrangements, there is a lack of clarity about the essence of these institutions, which in turn affects their position, duties, functions, and institutional roles. This study aims to find the essence of the Regional People’s Representative Council institutions in accordance with the constitutional system in the Republic of Indonesia. This study was designed in normative juridical research namely identifying, classifying, and analyzing legal materials based on the norms and principles of constitutional law. The results show that there is still no normative agreement about the Regional People’s Representative Council, either institutionally as a regional legislative institution or as an element of regional government. These two methods resulted in different legal consequences. For this reason, it is necessary to redefine the Regional People’s Representative Council. The research shows that institutional arrangements for the council needs to be carried out through stages: constitutional structuring; arrangement/synchronization of laws and regulations (position structure) of the council with regional government laws, electoral regulations, and arrangements in relation to the council with government institutions in the region. The conclusion is that within the framework of an ideal constitutional system, it is necessary to clarify the essence of the Regional People’s Representative Council to ensure legal certainty. Clarity for the institution would greatly influence its authority, duties, and institutional functions. For this reason, institutional arrangements for the council need to proceed in stages to achieve clarity about the relevant questions.
Synergy of Central and Regional Government Policies to Entrepreneurs to Revive the National Economy in the New Normal Era Dyah Ochtorina Susanti; Siti Nur Shoimah
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.2571.70-80

Abstract

This research is motivated by the phenomenan of Covid-19 pandemic has resulted in a decline in business income, but the implementation of the new normal policy revives a hope, so that in this case the policy efforts of the central and regional governments to revive the national economy in this new normal era is very needed. The purpose of this study is to analyse the synergy between central and regional government policies to entrepreneurs to revive the national economy in the new normal era. The study was designed in normative legal research with the statute approach, and conceptual approach. As a result showed that in the synergy of the central and regional government policies with entrepreneurs to revive the national economy in the new normal era, was realized through the providing Covid-19 impact stimulus, pouring out market operations, activating food houses, involving entrepreneurs in various Regional government spending, and providing economic stimulus for businessman.
The Liability of Criminal Law towards a Notary Official in the Crime of Embezzlement at the Denpasar District Court Simon Nahak
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.2572.107-117

Abstract

This study aims to investigate three issues namely the legal consequences of Criminal Acts against Victims of Misappropriated Crimes by a Notary Officer, the factors cause a Notary Officer to commit a Criminal Act in the Legal District of the Denpasar District Court and the qualifications of criminal acts, responsibilities and formulations Criminal system for the perpetrators of embezzlement by a notary at the Denpasar District Court. The method used is Normative Juridical collaboration method with Empirical Juridical. The techniques of data collection is interview. The results show that criminal law consequences of perpetrators and victims of embezzlement crimes by a notary officer is that the perpetrators must be held accountable for their actions legally, whereas victims who suffer losses due to criminal acts are processed to be given criminal sanctions through the criminal justice process at the Denpasar District Court. Then, factors causing crime that are internal and external factors. There are some external factors, namely ​​residence factor, economic factor, political factor and legal system factor. Furthermore, the forms of embezzlement are included in the forms/qualifications of types of non-violent acts, embezzlement criminal responsibility is an individual criminal liability not a legal entity, the system of punishment against perpetrators of embezzlement is the application of criminal law sanctions through the criminal justice process so that against the crime of embezzlement convicted of committing sanctions in the form of imprisonment and fines.
The Roles of Notary in Living Environment Conservation Luh Putu Sudini
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.2573.89-96

Abstract

Humans as one of the objects of life face increasingly complex problems leading to a prosperous life. Humans in life towards prosperity in society need a Notary in making a deed. Notary is a legal profession, so the Notary profession is a noble profession (Nobile officium), considering that the notary profession is very closely related to humanity. This study aims to know and understand the role of the notary in Living Environment conservation. This study uses normative legal research methods, with sources of legal materials such as primary legal materials, secondary legal materials and tertiary legal material. Notary is a public official who is authorized to make an authentic deed and has other authority as referred to in this Law or based on other laws. While the Living Environment is a number of objects and conditions that exist in the space we occupy that affect our lives. This Living Environment includes dynamic (biotic) and static (abiotic). The role of a notary in Living Environment conservation is very important, remembering the duties and functions of a notary in the community primarily on making a deed, and a notary in carrying out his profession must pay attention to Living Environment conservation (especially the Living Environment on land) considering the notarial deed has implications on the Living Environment such as land deeds, and so on, which are beneficial to the community.
Civil Relationship of Children Born without Marriage with Biological Father based on Constitutional Court Decision Number 46/PUU-VIII/2010 Cok Gede Mega Putra
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.2585.58-64

Abstract

The purpose of this study is to analyze the civil relationship between the children born without marriage with his biological father and the arrangement about the civil relationship between the children whose mothers did not have marriage. This study is a normative juridical which is the approach used in this is is the statute approach, the case approach, and the conceptual approach. The legal material comes from document studies. This study is analyzed qualitatively. The results of this study showed that the children born outside marriage initially have only a civil relationship with their mother and mother's family according to Article 43 of Law Number 1 of 1974 concerning Marriage on what is meant by a child outside of marriage but with the Constitutional Court Decision Number 46/PUU-VIII/ 2010, then a child born outside marriage can have a civil relationship with father and his father's family. The father and mother have rights and obligations to the born, even if the child is born outside of marriage. In this study, it can be concluded that children born without marriage have civil relations with their biological father as stipulated in Decision of the Constitutional Court Number 46 / PUU-VIII / 2010. The arrangement of civic relationships between children whose mothers are not married as in Law Number 1 of 1974 on Marriage, but by Decision of the Constitutional Court Number 46/PUU-VIII/2010, the child has a civil relationship with his mother and father.

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