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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 147 Documents
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CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT A. Junaidi Abdillah; Dyah Ochtorina Susanti; Rahmadi Tektona
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.65-75

Abstract

Act Number 21 of 2008 about Islamic Banking regulates that one of the businesses of Islamic commercial banks is to channel financing under a murabahah contract. Fatwa of the National Sharia Council – MUI No. 04/DSN-MUI/IV/2000 concerning Murabahah regulates the mechanism for granting authorization to customers by banks, to purchase goods from third parties and the murabahah sale and purchase contract must be carried out after the goods, in principle, become the property of the bank. The purpose of this study is to understand, describe, and find the suitability of the characteristic mechanism in financing with murabahah contracts with Fatwa and the provisions of Islamic bank regulators. This research method is normative juridical with a statutory and comparative approach. The research methodology used is doctrinal legal research. Doctrinal legal research is the study of legal rules, principles, concepts or doctrines. In this study, it was found that the characteristics of wakalah contracts in murabahah financing are as a means of granting power of attorney to purchase murabahah objects by customers as proxies from the bank, to then be handed back to the bank and then sold to customers under a murabahah contract.
THE ESSENCE OF GRANTING THE RIGHT OF DENIAL FOR NOTARY OFFICIALS IN LAW ENFORCEMENT PROCESSES Putu Eka Trisna Dewi; Ridwan Sidharta
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.89-93

Abstract

Article 4 and Article 16 paragraph (1) letter f of UUJN oblige a Notary to maintain the confidentiality of everything about the deed he or she made as well as all information obtained that is necessary for making the deed in accordance with their oath of office, unless the law provides otherwise. This research aims to examine the essence of the right of denial for notaries in performing duties in accordance with the UUJN and to examine the consequences of the right of denial for notaries in the law enforcement process. The type of research used in this research is normative legal research and the approach used in this research is a statute approach and a legal concept approach. Based on analysis, it was found that if a Notary, who has been given the trust and has been sworn in in accordance with Article 4 of the UUJN concerning the Oath of Notary Position and also Article 16 paragraph (1) letter e of the UUJN concerning Notary Obligations, keeps the contents of the deed a secret, violating the oath, then he or she may be penalized. The consequence of the secrecy of the position held by a Notary in terms of providing testimony about the status of their right of denial is that the notary concerned will be disqualified if then the judge still rejects the application for the right of denial of the Notary in the trial, outside the exception to the law.
NOTARIAL DEEDS RELATED TO DEFAULTS, FRAUD AND EMBEZZLEMENT Agung Iriantoro
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.84-88

Abstract

The aim of this study is to find out the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) can be charged to one of the parties in the agreement made by the notarial deed is considered to have committed default. This study uses normative juridical methods, which means that this study focuses on favourable laws such as Law No. 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary, the Civil Code, the Criminal Code, and other laws and regulations. Based on analysis, the results of this study revealed that if one of the parties in the agreement made by his notarial deed is considered to have committed a default, it cannot be charged with the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) based on Article 11 of Law No. 12 of 2005 concerning ratification of the International Covenant on Civil and Political Rights. Some judges' decisions with loose verdicts (slag van all rechttsvervolging), i.e., the act charged is proven, but the act of default does not constitute a criminal offence.
OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI Ida Bagus Dalem Try Utama Manuaba; I Wayan Wesna Astara; Ida Bagus Agung Putra Santika
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.46-54

Abstract

This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken.
LEGAL PROTECTION FOR CUSTOMER FUNDS AT VILLAGE CREDIT INSTITUTIONS (LPD) THROUGH A DEPOSIT GUARANTEE SCHEME BY THE EMPOWERMENT INSTITUTION FOR LPD Ni Putu Ari Setyaningsih; I Ketut Satria Wiradharma Sumertajaya; Fanny Priscyllia
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.55-64

Abstract

In the relevant Governor’s Regulations regarding LPD, it is not regulated regarding the value of guaranteed deposits for each customer at an LPD that is a participant in the deposit guarantee. The absence of legal regulations governing the value of deposits guaranteed through the LPD customer fund guarantee scheme has led to the need for a study of the extent of protection obtained by LPD customers for their deposit funds under this scheme. This research aims to examine deposit guarantee schemes for LPD customers and legal protection for customer funds at LPD through the loan fund scheme organised by LPLPD. This research is conducted using a normative juridical research method by conducting an analysis on primary legal materials and secondary legal materials related to the present research problems. Based on the analysis, it was found the LPD customer deposit guarantee scheme has not been able to provide legal protection to the customers. This is because in the deposit guarantee scheme, membership is discretionary so not all LPD customers in Bali get protection. The absence of regulation regarding the criteria to determine the amount of contribution and guarantee premium paid and the amount of customer deposits protected by the LPD customer deposit guarantee scheme has resulted in the absence of legal certainty regarding the amount of protected LPD customer funds.
LAND BANK MAINTAINS THE EXISTENCE OF LAND ACQUISITION FOR DEVELOPMENT Sigit Sapto Nugroho; I Wayan Kartika Jaya Utama
NOTARIIL Jurnal Kenotariatan Vol. 7 No. 2 (2022)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.7.2.2022.94-99

Abstract

This study aims to analyze the urgency of land banks in maintaining the existence of land acquisition for development. This research method uses normative legal research methods with a statutory approach and a conceptual approach. The types and sources of legal materials used are primary, secondary and non-legal legal materials. The method of collecting legal materials uses the method of literature study. Analysis of legal materials using qualitative descriptive analysis. Based on the results of the study, it shows that the urgency of the Land Bank in land acquisition activities for development has the function of overcoming the problem of the form and value of compensation for land acquisition objects, preventing the growth of inventory of land needs for development activities for the public interest and reducing the implementation of land acquisition activities that require large costs and that take people's rights to their land.
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.

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