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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. 6 No. 1 (2021)" : 7 Documents clear
NOTARY LEGALITY AS AN AUTHENTIC DICTION IN TERMS OF PHYSICALLY DISABLED BASED ON LAW OF POSITION NOTARY Ida Ayu Ratna Kumala; Ni Luh Made Mahendrawati; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3608.53-57

Abstract

An authentic deed can be perfect proof that must be signed by the parties. It becomes a problem when one or all of those who are obliged to sign or put fingerprints, but have a total disability of the hand or fingers (physically disabled) so that the person concerned is not able to sign or fingerprint. There is a norm in relation to a person with disabilities to make a deed before a notary. The purpose of this study is to find out the procedure for ratifying a notary deed in terms of hearing-impaired persons and the legal strength of a notary deed in terms of disabled persons. This study uses normative legal methods. The results of this study indicated that the stipulation of Article 44 of UUJNP makes it possible for persons with disabilities not to sign the deed, then at the end of the deed it is explained about a situation where the applicant is unable to sign the deed and therefore uses other forms of endorsement by writing by mouth and affidavit. The deed made by the person with disabilities is an authentic deed because the provisions of Article 44 UUJNP can be a substitute for signatures, so the notary deed made by persons with disabilities can function as evidence and are equipped with an affidavit. There is a need for a written rule that states clearly about the procedures for dealing with persons with disabilities in making a deed for the use of affidavit.
HALAL CHARACTERISTICS OF MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) PRODUCTS IN PATEMON VILLAGE, KREJENGAN DISTRICT, PROBOLINGGO REGENCY Dyah Ochtorina Susanti
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3609.1-8

Abstract

This research is motivated by the fact that there are still products of Micro, Small and Medium Enterprises (MSMEs) in Patemon Village, Krejengan District, Probolinggo Regency, which do not yet have a halal certificate, because the product does not meet the halal criteria and the public does not understand about the characteristics of halal. This study aims to analyze and provide an understanding about the characteristics of halal, especially on MSME products in Patemon Village, Krejengan District, Probolinggo Regency. The method used in this research is normative legal research with the statute approach, conceptual approach, and comparative approach. The result of this research showed that halal characteristics of MSME products in Patemon Village can be seen from 2 (two) aspects, namely the material and the process of making it or the event to get it. Therefore, it is suggested that the MSME product producers in Patemon Village to immediately take care of their halal product certification and to the government to disseminate information to the public regarding about characteristics of halal on MSME products.
LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE) Ni Putu Theresa Putri Nusantara; I Made Suwitra; I Nyoman Sujana
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3610.9-15

Abstract

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.
AUTHENTICITY OF DECLARED NOTARY ACTIVITIES BY USING THE PHOTO DOCUMENT MINUTA SIGNING OF ASSET Putu Ayuk Sapta Agustini; I Nyoman Putu Budiartha; Ida Bagus Agung Putra Santika
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3611.46-52

Abstract

Influence arising from technological developments has an impact on changes in society in the field of law, especially in terms of evidence using electronic devices as an extension of evidence in the law in Indonesia. This study aims to determine the responsibility of a Notary to an authentic deed made by and/or before a Notary Public based on the provisions of UUJN jo UUJN-P and to find out the legal impact arising related to the use of photo documents as an expansion of new evidence towards the authenticity of an authentic deed. The method used in this study is a normative perspective with a statutory approach and conceptual approach that aims to conduct a juridical study of the legality of electronic evidence. The results showed that the responsibility of the Notary in providing services in the field of civil law, in particular, made an authentic deed as stipulated in UUJN jo UUJN-P to provide a sense of justice for the parties, third parties with an interest in the deed he made and his heirs, were responsible for the authenticity of the deed he made it as perfect proof. In the context of the authenticity of a Notary Deed as an authentic deed, the Notary Deed does not require any other evidence to guarantee the legal certainty of its authenticity, so that the use of photo documents used as evidence in procedural law, both criminal and civil, cannot be applied or used against the Notary Deed even as evidence supporters.
LAW ENFORCEMENT AND PROTECTION OF NOTARIES IN THE CRIMINAL DOMAIN AND LAW OF NOTARY POSITION (CASE STUDY OF DECISION NUMBER 196/PID.B/2019/PN DENPASAR) Gede Amatya Ananta; I Made Arjaya; Anak Agung Istri Agung
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3612.38-45

Abstract

Notary is an official authorized to make an authentic deed in accordance with the provisions of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Position of Notary (UUJNP). In carrying out his duties, the notary must uphold the moral values ​​and professional ethics and must obey the applicable law so as not to make mistakes which will carry risks for the notary himself and cause harm to the community. Risks arising from negligence for the notary public in their duties are in the form of enforcement of sanctions both civil sanctions, criminal sanctions and administrative sanctions. This study analyzes criminal enforcement of notaries, as well as norm conflicts that arise between criminal decisions by judges against notaries and the applicable laws. The aims of this study is to find out the enforcement and sanctions against notaries in the realm of criminal law and notary office law based on case study of decision number 196 / pid.b / 2019 / pn Denpasar), and to determine the form of legal protection against notaries. This study uses the normative juridical method. The results of this study revealed that there are two elements in law enforcement and protection of notaries, namely preventive and repressive. Preventive in the form of supervision of notary practices and repressively is the imposition of sanctions. The form of legal protection for notaries is carried out by the Notary Supervisory Board and the Notary Honorary Council.
DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT Anak Agung Istri Agung; I Nyoman Sukandia
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3613.16-26

Abstract

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.
LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS Ida Ayu Sadnyini; I Gede Putu Agus Wistama Putra; A.A.A.Ngurah Sri Rahayu Gorda; A.A.A. Ngurah Tini Rusmini Gorda
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.1.3614.27-37

Abstract

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.

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