Garuda - Garba Rujukan Digital

APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN THE RECORDING OF THE DEED OF NOTARIAL SALE AND PURCHASE BINDING AGREEMENT ON LAND AT THE LAND OFFICE Agung Iriantoro
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 1 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.1.2024.40-46

An agreement is an agreement of both parties to do a deed. Agreements are very often used in everyday life, both underhand and notary agreements. In the content of the agreement the parties make in accordance with the principle of freedom of contract. Agreements under hand often have problems between parties because the agreement is not strong binding. For this reason, the role of the Notary Public is needed in making a notarial agreement deed so that the parties can achieve their respective goals and it is safe if one day there is a party who defaults, the notarial agreement deed can be used as valid evidence. The principle of prudence into the deed of Notarial Sale and Purchase Binding Agreement on registered land to be recorded at the Land Office. Using normative methods with a statutory approach and a legal concept approach. The results of this study show that the Notarial Sale and Purchase Binding Agreement Arrangement on registered land registered at the Land Office can only be carried out against the Notarial Sale and Purchase Binding Agreement that has been paid off. The formulation of the precautionary principle into the Notarial Sale and Purchase Binding Agreement deed on registered land that will be registered at the Land Office can be seen in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021, which can be done using analogous arguments by Notaries in applying the precautionary principle to the preparation of the Sale and Purchase Binding Agreement Deed.

LEGAL PROTECTION OF LABOR BASED ON POSITIVE LAW IN INDONESIA Sarbini Sarbini
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 1 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.1.2024.47-52

In an effort to increase legal protection for workes in Indonesia several sigificant laws and government regulations have been issued, such as Law no. 13 of 2003 concerning employment , the job creation law and government regulation no 51 of 2003 concerning wages. Legal protection in a country very necessary. Legal protection of labor is regulated in several laws in Indonesia , namely law no.13 of 2003 concerning employment, the job creation law, and government regulation no.51 of 2023 concerning wages. For employee eligibity, wage issues are also regulated using government regulation no 51 of 2021, wges are workers’ rights that are received as a from of compensation from employes which are paid according to an agreement or agreement between two parties, workes and entrepreneurs must also understand and carry out balanced right and obligations so that there is an efficient and dynamic work reltionship.

DIGITAL ETHICS AND CITIZENSHIP CHALLENGES IN CYBERSPACE: AN OVERVIEW FROM PERSPECTIVE MORALS AND LAWS Happy Budyana Sari; Ni Made Ayu Priska Cahya Ningsih; Ni Made Yuli Kristina; Ni Putu Indah Rismayanti; Emmy Febriani Thalib; Ni Putu Suci Meinarni; Lis Julianti
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 1 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.1.2024.33-39

Digital ethics involve moral principles and values that govern behavior individuals and groups in digital environments. Digital ethics involves deep responsibility disseminate accurate information, maintain the quality of online communication and interaction, and awareness of the social and environmental impact of the use of digital technology. This study uses a literature study method with a descriptive qualitative approach to study ethics and challenges of citizenship in cyberspace from a moral and legal perspective. Through data analysis, found several important digital ethical concepts in dealing with challenges in cyberspace, such as responsibility in disseminating information, privacy protection and data security, digital awareness, respect for freedom of expression, verification information, and respect intellectual property rights. From a moral and legal perspective, comprehensive regulation is needed to regulate the use of digital technology, enforcement effective law against digital ethics violations, legal education and awareness, and development of online communication ethics. Challenges of citizenship faced in the world cyber through a moral and legal perspective including the spread of harmful content, respect to privacy and data, cyberbullying behavior, and use of inappropriate language. Legal regulation, protection against cyber crime, and a balance between freedoms speaking and legal boundaries are also challenges that need to be overcome.

THE POSITION OF INSTRUMENTER WITNESS IN MAKING OF NOTARY DEEDS Agung Iriantoro
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.53-64

Instrumenter witnesses must be present while notaries are preparing an authentic deed. Therefore, the testimony of instrumenter witnesses can be the primary evidence against Notary deeds that violate legal norms, thus ensuring the safety of the Notary's position. The purpose of this study is to see and make an analysis of the requirements of instrumenter witnesses in the making of Notary deeds and review and analyze the testimony of instrumenter witnesses that can be used as the primary evidence against Notary deeds that violate legal norms. The type of research used in this study was normative legal research, which referred to primary legal materials, secondary legal materials, and tertiary legal materials. The approaches were the statute approach and the conceptual approach. The technique of collecting legal materials was the technique of literature studies. The results showed that the absence of procedures for notary employees was a weakness in providing certainty and information to investigators. The vague legal norms in UUJN were related to the position and requirements of instrumenter witnesses in the making of Notary deeds. The role of instrumenter witnesses did not get legal certainty in the case of a problem regarding the deed made by the Notary. There must be legal protection for instrumenter witnesses who give evidence at trial because the role of the instrumenter with witnesses is generally different. Therefore, the instrumenter witness position in the notary deed involvement is given additionally in the clause in UUJN article 40, which regulates the witness in the making of the deed.

IMPLEMENTATION OF SMART CONTRACTS IN INDONESIA: AN ANALYSIS OF FINANCIAL REGULATION, TAXATION, AND CONSUMER PROTECTION Happy Budyana Sari; Emmy Febriani Thalib; Ni Putu Suci Meinarni
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.65-70

The urgency of this research lies in the growing significance of smart contracts within the blockchain technology landscape, particularly in Indonesia. Smart contracts offer the potential for automation and trustworthy business processes, with demonstrated applications in sectors such as electric power, higher education, e-commerce, and more. However, alongside their success and potential, challenges have emerged regarding financial regulations, taxation, and consumer protection. This study aims to explore the use and challenges of smart contracts in the context of Indonesian law. It seeks to identify the existing regulatory frameworks, assess the legal implications of smart contract usage, and propose solutions to ensure compliance with financial, tax, and consumer protection regulations in Indonesia. By gaining a better understanding of regulatory requirements and potential challenges, this research aspires to contribute to the development of a more efficient, automated, and secure blockchain ecosystem in Indonesia. The research method used is a literature review, encompassing the collection, selection, evaluation, analysis, and synthesis of relevant literature from various academic and practical sources. The expected outcome of this study is a deeper understanding of blockchain usage for data security within the legal context of Indonesia, along with practical guidance and recommendations for policymakers, legal practitioners, and stakeholders in developing effective regulations for data protection in the increasingly complex digital era.he abstract should be written in one paragraph and should be not more than 250 words. Arial, font size 10, single spacing. Follow the following pattern: General statement about the importance of the topic, gap in literature or discrepancies between theories and practices, purpose of study, method, main findings, and result.

LEGAL PROTECTION OF PERSONAL DATA OF INDONESIAN CITIZENS BASED ON ACT NUMBER 27 OF 2022 Ni Made Dwi Gayatri Putri; Dewa Gede Wibhi Girinatha
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.71-75

The purpose of this research is to analyze personal data, which is private and must be protected. Numerous cases of personal data breaches in Indonesia have had detrimental effects on society. The lack of comprehensive legislation results in inadequate legal protection against data breaches. Due to the frequent occurrence of personal data breaches, the government enacted the Personal Data Protection Law Number 27 of 2022. This research employs normative methods with a legislative and conceptual approach. The findings reveal that legal protection against personal data breaches is comprehensive under Law Number 27 of 2022. Preventive efforts to protect personal data include not sharing data by the public and avoiding illegal platforms prone to cybercrime. There is also a need for public awareness to safeguard personal data. Meanwhile, the government will conduct compliance testing and take repressive protective measures. If a personal data breach occurs, the sanctions outlined in the Personal Data Protection Law include criminal penalties under Articles 67 and 68, which stipulate fines and imprisonment, and Article 70 for corporate violations.

THE ACTUALIZATION OF THE IMPLEMENTATION OF ENVIRONMENTAL AND SUSTAINABLE PRINCIPLES ON INVESTMENT IN THE TOURISM SECTOR Lis Julianti
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.76-81

The purpose of this study is to examine and analyze the application of the principles of sustainability and environmental awareness in investment activities in the tourism sector. Investment in the tourism industry brings chaos to values and norms that have an impact on the environmental order and community life in various regions in Indonesia. Often physical development is carried out in areas that endanger the sustainability of the natural environment or by the community. The results of the study indicated that the Principle of Sustainability and Environmental Insight in the legal policy of investment in the tourism sector is a planned principle to integrate economic, environmental, and socio-cultural dimensions to be able to improve the welfare of the community now and in the future. The principle of sustainability and environmental insight is one of the efforts to save natural resources and synchronize aspects of conservation with aspects of wise utilization so that development in the tourism sector does not result in long-term losses.

DUE DILIGENCE IN THE EXECUTION OF OFFICE AND THE LEGAL CONSEQUENCES FOR NOTARIES Ida Bagus Putra Raharja
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.89-96

A notary is the only public official who has the authority to make authentic deeds relating to all creations and legal events desired by the parties or as determined by the applicable law and has the aim that all legal acts and events have the power as perfect evidence. This research aims to discuss the Notary's authority to carry out due diligence in carrying out his office duties and the Notary's responsibility regarding his authority to carry out legal counseling regarding the making of deeds. The research method used in this research is a normative legal research method. Notaries in carrying out Due Diligence apply the precautionary principle with the limitation that if documents or information occur that are incorrect because they are fake or falsified, the Notary is not qualified to violate his/her official duties. The Notary's responsibility regarding his authority to provide legal counseling regarding the making of deeds is stated in Article 15 paragraph (2) of the Law on the Position of Notaries which states that notaries have the authority to provide legal counseling in relation to making deeds. In providing legal counseling in connection with the making of a deed, it means that the Notary has the authority to provide legal counseling in relation to the deed he or she is making.

LEGAL CERTAINTY OF NOTARY POSITION REGARDING AUTHORITY TO CERTIFY ELECTRONIC TRANSACTIONS Ida Bagus Wirya Dharma; Putu Andhika Kusuma Yadnya; I Wayan Antara; I Kadek Adi Surya
NOTARIIL Jurnal Kenotariatan Vol. 9 No. 2 (2024)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.9.2.2024.97-101

Article 15 paragraph (3) UUJN states that Notaries have other regulated authorities apart from those contained in Articles (1) and (2) which are regulated in statutory regulations. In the Elucidation to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public, it is stated "What is meant by other authority regulated in statutory regulations", among other things, the authority to certify transactions carried out electronically (cyber). notary), making deeds of waqf pledges, and airplane mortgages. The author found that there is a vagueness of norms (vague van normen). This condition of norms, which is called vagueness of norms, occurs because statutory regulations are available but the formulation of the words or sentences is not clear, giving rise to multiple interpretations. The research method used is normative legal research using primary legal material sources and secondary legal material sources. Legal materials obtained from library materials are analyzed qualitatively using the deductive method of analysis. The research results obtained are that the legal position of electronic transaction certification is a function of electronic legalization of private deeds. Certification of transactions carried out electronically only refers to private deeds that are legalized by a Notary, therefore certification of electronic transactions will still be recognized in law, but the legal force in court is weakened because it is limited to private deeds only.

TRANSFER OF LAND RIGHTS THROUGH HIBAH BASED ON LAWS AND REGULATIONS I Gusti Agus Yuda Trisna Pramana; Ida Bagus Wirya Dharma; I Wayan Antara; I Dewa Gede Budiarta
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 1 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.1.2025.40-44

The topic of transitioning land rights through grants has high urgency, considering that land is a legal object of economic value and is increasingly needed in the era of globalization. However, there is a gap between theory and practice related to the implementation of the registration of granted land rights. Although laws and regulations, such as Government Regulation Number 24 of 1997, regulate the obligation to register land that has been transferred, practice on the ground shows that there are legal loopholes that allow the transfer of land rights without proper registration, thus potentially harming the parties involved. The purpose of this study is to analyze the mechanism of transfer of land rights through grants and the obstacles that arise due to unclear rules related to land rights registration. The method used in this study is a normative juridical research that analyzes laws and regulations and practical applications in the process of registering land grants by the Land Deed Making Officer (PPAT). The main findings of this study show that the lack of provisions governing in detail the mechanism of grant registration leads to legal loopholes that can be exploited for the transfer of land to other parties, including through the imposition of dependent rights. The results of this study suggest the need for further structuring regarding the regulations governing land grant registration to ensure legal certainty and avoid potential legal problems in the future.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA