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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. 8 No. 1 (2023)" : 7 Documents clear
CYBER NOTARY IN INDONESIA: REVIEW DURING THE COVID-19 PANDEMIC AND THE URGENCY OF POST-PANDEMI COVID-19 LEGAL REGULATIONS Desia Rakhma Banjarani; Neisa Ang Rum Adisti; Isma Nuriilah; Helena Primadianti
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.8-14

Abstract

The role of the notary is required to be able participate in the development of technology and information, because in an electronic transaction is very possible for the intervention of a notary as a trusted third party. It is very inappropriate if the notary still uses conventional methods in providing services, because speed, timeliness and efficiency are needed by the parties. So, the research problem can be formulated as follows: How is the development of cyber notary in Indonesia? Why is cyber notary regulation so urgent in Indonesia after the Covid 19 Pandemic? In this research, the authors objectively describe cyber notaries in Indonesia. This research is normative research with the authors arranged descriptively through a qualitative approach. There are no specific legal provisions that regulate cyber notaries, while the use of cyber notaries is increasingly urgent during the pandemic era, such as the Covid 19 Pandemic. However, due to the absence of regulations governing cyber notaries, there were several problems in implementing cyber notaries during the Covid 19 Pandemic era. Therefore, after the Covid 19 Pandemic there was a need for special regulations governing cyber notaries. This is because the Notary Office Law, which has been the legal basis for implementing cyber notaries, actually has several articles and provisions that hinder the implementation of cyber notaries.
THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA Ridwan Sidharta; Putu Eka Trisna Dewi
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.1-7

Abstract

In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber ​​Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.
REGULATION OF REGISTRATION OF TRANSFER OF RIGHTS TO LAND DUE TO INSTRUCTION IN THE PERSPECTIVE OF PERMEN ATR/ KBPN NUMBER 16 YEAR 2021 Elizabeth Marchia Aristha
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.15-20

Abstract

This paper analyzes the Registration Arrangements for the Transfer of Land Rights Due to Inheritance. The focus of the study in this paper is on the regulation of the registration of the transfer of land rights due to inheritance in the perspective of Permen ATR/KBPN Number 16 of 2021. The research method used in this paper is a normative research method using the Law, Concept, and Comparative Approach. Law. The analysis of legal materials in this paper is carried out using several legal theories, namely the theory of benefit, the theory of legal protection, and also the theory of legal certainty as an analytical tool in discussing legal issues in this study. It can be concluded that the regulation of land registration due to inheritance which was originally regulated based on the division of population groups as determined by the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 has now been amended as based on the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 16 of 1997. 2021 which abolishes the provisions on the division of population groups in the land registration process due to inheritance in Indonesia. The legal materials used are primary legal materials in the form of laws and regulations relating to the formulation of the issues raised, then secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it is found that there is an inconsistency of norms in the land registration process due to inheritance, which can be seen in Article 111 Paragraph (1) letter c of the Minister of ATR/KBPN Number 16/2021 which does not guarantee legal certainty and still causes multiple interpretations in its implementation.
TRAINING VILLAGE TENURE RIGHTS ON COASTAL LAND VS VILLAGE ULAYAT IN UNGASAN TRADITIONAL VILLAGE Ni Komang Rai Widhyaningsih; I Made Suwitra
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.32-36

Abstract

This paper analyzes the Customary Village Tenure Rights on Coastal Land as Village Customs in the Ungasan Traditional Village. The focus of the study in this paper is on land that has been certified and Ulayat land is joint land with the members of the customary law community concerned. The research method used in this paper is an empirical legal research method using the Legal Approach, Analytical, Case Approach, Customary Law Approach, and Legal Sociology Approach. The analysis of legal materials in this paper is carried out by using several legal theories, namely Legal Certainty Theory, Authority Theory, Justice Theory, and Benefit Theory where these theories will later serve as analytical tools in discussing legal issues in this study. It can be concluded that the right of control over customary land to coastal land follows the concept of control rights regulated in Article 33 paragraph (3) of the 1945 Constitution in conjunction with Article 2 Paragraph (1) of the BAL. The regulation on the use of coastal land controlled by the Ungasan Traditional Village has been stated and regulated clearly as it turns out in the Ungasan Traditional Village Awig-Awig and Ungasan Traditional Village Perarem Number 06 of 2020, it can be seen that there are clear arrangements relating to the use of coastal land areas in the Ungasan Village. Ungasan Traditional Village. In relation to the authority of the Ungasan Traditional Village on the utilization of the coastal land area in its territory, it is based on the existence of the customary land rights owned by the Ungasan Traditional Village based on Article 18 of the 1945 B UUD.
LEGAL PROTECTION OF OWNERSHIP OF FLATS UNITS AGAINST FOREIGN NATIONALS IN INDONESIA Putu Kharisa Pramudya; I Made Pria Dharsana
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.37-43

Abstract

This paper analyzes the legal protection of ownership of apartment units against foreign nationals in Indonesia. The focus of the study in this paper is the ambiguity of protection and legal certainty in the provisions of Article 144 of the Copyright Law jo. Article 71 paragraph (1) PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, which regulates the granting of Ownership Rights to Flat Units to foreigners over HGB and use rights if land rights are not extended. The method used is a normative legal research approach, namely a statutory approach and a conceptual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty, the theory of legal protection and the theory of justice. The legal materials used are primary legal materials in the form of legislation, which are complemented by secondary legal materials in the form of reputable journals and the latest literature. The results that can be concluded in this study are the Job Creation Act and PP No. 18 of 2021 does not stipulate if the rights to the land that are the basis of the apartment are not extended or renewed, so that it does not reflect the existence of legal certainty over the ownership of flats by foreigners. This also has implications for the legal protection that will be obtained by foreigners, so that foreigners may lose money when buying flats in Indonesia, because their bargaining position is weaker in Indonesian land law. The purpose of this analysis is to provide certainty and legal protection of ownership of flats for foreign nationals in Indonesia.
THE EXISTENCE OF CUSTOMARY LAND IN BALI AFTER THE APPOINTMENT OF CUSTOMARY VILLAGES AS SUBJECTS OF COMMUNAL PROPERTY RIGHTS OVER LAND I Nyoman Yoga Narayana
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.21-31

Abstract

Customary land is land owned by indigenous peoples for generations since ancient times, in 2017 customary villages as a unit of indigenous peoples obtained property rights to land that provide legal certainty over customary land ownership but will also have an impact on the integrity of customary land in the future because property rights can be transferred and transferred to other parties. The purpose of this study is to be able to analyze strategies to maintain the Existence of Customary Land in BaliThis writing is normative legal research, namely research that examines the applicable positive legal norms, which are in the form of laws and regulations related to the existence of customary land in Bali after the appointment of customary villages as subjects of communal property rights to land, which focuses on land rights that are most appropriately owned by Customary Villages together with indigenous peoples, by using a statutory approach and a conceptual approach. The Property Rights were granted to the Indigenous Village.
ENFORCEMENT OF REGIONAL REGULATION NUMBER 5 OF 2020 CONCERNING STANDARDS FOR THE IMPLEMENTATION OF BALINESE CULTURAL TOURISM (CASE STUDY OF ILLEGAL TOUR GUIDES IN THE TANJUNG BENOA REGION, SOUTH KUTA DISTRICT, BADUNG REGENCY) I Putu Arik Sanjaya; I Wayan Wesna Astara; Luh Putu Sudini
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.44-50

Abstract

This research analyzes the enforcement of Regional Regulation Number 5 of 2020 Concerning the implementation of Balinese cultural tourism in the Tanjung Benoa area, South Kuta District and to find out legal remedies related to the existence of illegal tour guides in the Tanjung Benoa area, South Kuta District. The problems in this study, (1) how enforcement of Regional Regulation Number 5 of 2020 concerning Standards for the Implementation of Balinese Cultural Tourism in the region Tanjung Benoa South Kuta District and (2) What are the legal remedies related to illegal tour guides in the Tanjung Benoa area, South Kuta District. This study uses empirical legal research methods, with a statutory, conceptual and case approach, then analyzed qualitatively descriptively. The enforcement of Regional Regulation Number 5 of 2020 Concerning Standards for the Implementation of Balinese Cultural Tourism in the Tanjung Benoa area, South Kuta District, has been running effectively. It can be proven by cooperation between the relevant government and the community to reduce the activities of illegal tour guides who can provide inaccurate information to tourists about tourist attractions in the Tanjung Benoa area. Then legal remedies that can be taken are carrying out raids in tourist destinations, providing coaching in the form of verbal warnings also summons by making a written statement not to carry out illegal tour guide activities and giving sanctions that are adjusted to the applicable laws and regional regulations are a form of law enforcement.

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