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<![CDATA[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) ]]>
<![CDATA[Ni Putu Theresa Putri Nusantara]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.1.3610.9-15
<![CDATA[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.]]>
<![CDATA[AUTHENTICITY OF DECLARED NOTARY ACTIVITIES BY USING THE PHOTO DOCUMENT MINUTA SIGNING OF ASSET ]]>
<![CDATA[Putu Ayuk Sapta Agustini]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ida Bagus Agung Putra Santika]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.1.3611.46-52
<![CDATA[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.]]>
<![CDATA[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) ]]>
<![CDATA[Gede Amatya Ananta]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[Anak Agung Istri Agung]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.1.3612.38-45
<![CDATA[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.]]>
<![CDATA[DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT ]]>
<![CDATA[Anak Agung Istri Agung]]>;
<![CDATA[I Nyoman Sukandia]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.1.3613.16-26
<![CDATA[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.]]>
<![CDATA[LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS ]]>
<![CDATA[Ida Ayu Sadnyini]]>;
<![CDATA[I Gede Putu Agus Wistama Putra]]>;
<![CDATA[A.A.A.Ngurah Sri Rahayu Gorda]]>;
<![CDATA[A.A.A. Ngurah Tini Rusmini Gorda]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 1 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.1.3614.27-37
<![CDATA[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.]]>
<![CDATA[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 ]]>
<![CDATA[Dita Paramitha]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Sukandia]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.2.2021.100-105
<![CDATA[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.]]>
<![CDATA[RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS ]]>
<![CDATA[Anak Agung Ngurah Mukti Prabawa Redi]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.2.2021.78-88
<![CDATA[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.]]>
<![CDATA[THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI ]]>
<![CDATA[Putu Emma Viryasari]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.2.2021.58-64
<![CDATA[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.]]>
<![CDATA[AGRARIAN REFORM AT SIGI REGENCY OF CENTRAL SULAWESI: BETWEEN HOPE AND REALITY ]]>
<![CDATA[Ismeti]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.2.2021.89-99
<![CDATA[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.]]>
<![CDATA[LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019 ]]>
<![CDATA[Celina Tri Siwi Kristiyanti]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.6.2.2021.65-77
<![CDATA[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.]]>
