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Kota denpasar,
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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. 2 (2021)" : 7 Documents clear
THE ROLE OF LAND DEED OFFICIALS (PPAT) IN THE IMPOSITION OF ACQUISITION DUTY OF RIGHT ON LAND AND BUILDING IN THE EXCHANGE PROCESS OF LAND AND BUILDING IN DENPASAR CITY Dita Paramitha; I Nyoman Putu Budiartha; I Nyoman Sukandia
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.100-105

Abstract

In the process of exchanging land rights, the facts show that the use of market value as the basis for calculating the acquisition duty of right on land and building often creates problems in the field. This study aims to examine the basis for imposing acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city and to examine the role of land deed officials and the obstacles faced in the imposition of acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city. The method used in this study is an empirical juridical research method. The results of this study showed that (1) the imposition of acquisition duty of right on land and building in the exchange process in Denpasar City is applied with the provisions of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies calculated based on market value. (2) The Land Deed Official has a role in making the deed of exchange and in collecting acquisition duty of right on land and building in the process of exchanging the duties and authorities of the land deed official, namely assisting taxpayers in legal acts of exchange in the process of transferring rights to land and/or buildings from the exchange provider to exchange recipients in accordance with Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Maker Officials.
RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS Anak Agung Ngurah Mukti Prabawa Redi; I Made Suwitra; Putu Ayu Sriasih Wesna
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.78-88

Abstract

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.
THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI Putu Emma Viryasari; I Nyoman Sujana; Putu Ayu Sriasih Wesna
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.58-64

Abstract

The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.
AGRARIAN REFORM AT SIGI REGENCY OF CENTRAL SULAWESI: BETWEEN HOPE AND REALITY Ismeti
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.89-99

Abstract

The determination of conservation areas without providing a solution overcoming the poverty of society has led to conflict between society and the state. Therefore, Sigi Regency Government-run programs Agrarian Reform in 2016 to reduce poverty and the rare arable land of the community in the area. This study aims to examine the implementation of Agrarian Reform in Sigi, in the perspective of law and human rights. This study applied a qualitative descriptive method by conducting interviews with informants from various sources. The results of this study indicated that there are discrepancies between the regulations and the implementation of agrarian reform in this area, considering the Perpu Number 56, 1960 about the determination of the vast farmland and Government Regulation Number 224, 1961 on the implementation of distribution of land and reparation, as implementing regulations and Presidential Decree Number 86, 2018 of Agrarian Reform. According to the rules of agrarian reform was the distribution of land to the community, as well as eliminating the inequality of land ownership and not solely land certificates. The priority of the recipient of the land was a community that has a land area of less than 0.5 hectares and extensive land in government given aim was an area of 2 hectares. The facts found in Sigi Regency were a free certification for people who already have the land instead of the distribution of land to the people in accordance with the Agrarian Reform, so the programs were conducted in Sigi was not the Agrarian Reform.
LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019 Celina Tri Siwi Kristiyanti
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.65-77

Abstract

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value. Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019. The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.
EFFORTS TO OVERCOME CRIMINAL ACTS OF SKIMMING COMMITTED THROUGH ATMS IN THE PERSPECTIVE OF LAW NUMBER 19 OF 2016 CONCERNING EIT Putu Eka Trisna Dewi; Ni Made Septiwidiantari
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.106-111

Abstract

Cybercrime is one form of the negative impact of the development of science and technology. One of the crimes in the form of Cybercrime, which in recent years has greatly disturbed the public, is skimming. Skimming crimes continue to increase and are unsettling the community. For this reason, serious efforts to overcome them are required. This study aims to examine the effort to overcome criminal acts of skimming committed through ATMs in the Perspective of Law Number 19 of 2016 concerning EIT. This study is legal research with a literature study. The research approaches used are the statute approach and the fact-based approach. The results of this study revealed that as an effort to tackle skimming crime, there are two ways that can be applied, namely preventive action (preventing crime from occurring) and repressive action (efforts taken after a crime has occurred). The repressive measures that can be taken in tackling the crime of skimming are to apply legal provisions in accordance with Article 30 in conjunction with Article 46 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning EIT.
POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF NOTARY POSITION I Made Pria Dharsana; I Nyoman Sumardika; Putu Ayu Sriasih Wesna; I Wayan Wesna Astara
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.112-120

Abstract

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.

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