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POSITION OF GRANT DEEDS IN THE CASE OF SUPREME COURT DECISION NUMBER 175/K/PDT/2021 M. Remon Septariawan; Yuliandri Yuliandri; Delfiyanti Delfiyanti
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.10.1.2025.45-55

A grant of land rights is a gift from one person to another person without any compensation and is done voluntarily, without any contravention from the recipient of the gift and the gift takes place while the grantor is still alive. The act of granting land rights must be done before the PPAT with a Grant Deed is made which is the basis for registering land rights at the Regency/City Land Office. The problems that will be discussed in this research are first, what is the position of the grant deed in relation to the Supreme Court Decision Number 175/K/PDT/2021 in Papua, Second, what are the challenges in the Supreme Court Decision Number 175/K/PDT/2021. The aim of the research is to examine and analyze the position of grant deeds in the case of Supreme Court Decision Number 175/K/PDT/2021 in Papua and to study and analyze the challenges in Supreme Court Decision Number 175/K/PDT/2021 in Papua. This legal research is normative juridical research, namely normative juridical research referring to legal norms contained in laws and regulations and court decisions as well as legal norms that exist in society. The results of the research, the Land Deed Making Officer must put the grant agreement in the form of a PPAT deed, namely a grant deed as explained that every grant of land must be made with a PPAT deed as mentioned in Article 37 and Article 39 Paragraph 1 of Government Regulation Number 24 of 1997, making In the grant deed, it was seen that in the process of making the grant deed there were things that did not comply with the applicable regulations. Ms. Analyst Demotekay, who is the grant giver, said that she had never given the grant to Susilawati and there was no agreement between Ms. Analyst Demotekay and Martius Semuel Darinya, so this means that it can be suspected that there was engineering in this legal action on the part of the recipient of the grant. A series of legal cases involving fake grants, Mrs. Analis Demotekay and Martius Semuel, found that there was negligence and inaccuracy of PPAT Puspo Adi Cahayo S.H., M.Kn in making the Deed of Grant which resulted in the transfer of land rights to Susilawati's property.

LEGAL ANALYSIS OF THE TRANSFORMATION OF ECONOMIC CRIMES IN THE DIGITAL ERA (CYBERCRIME) Tri Wani Andini; Hudi Yusuf
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.10.1.2025.1-6

The development of digital technology has brought significant changes in various aspects of human life, including in the economic sector. Digitalization has made transactions and economic activities easier, increased efficiency, and expanded access to the global market. However, this technological advancement has also given rise to new challenges, one of which is the increase in digital-based economic crimes or what is known as cybercrime. This research aims to (1) examine the impact of economic crimes in the digital era (cybercrime) on economic stability in Indonesia and (2) analyze the effectiveness of national legal regulations in dealing with economic crimes in the digital era (cybercrime). The research method used in this study is a normative research method with the data collection method used being library data or document studies (Library Research) sourced from legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The conclusion obtained from this study is that economic crimes in the digital era (cybercrime) are not only a criminal problem, but also threaten the stability of the Indonesian economy as a whole. National legal regulations have provided a framework for dealing with economic crimes in the digital era (cybercrime), but their effectiveness is still limited by less-than-optimal implementation, inadequate infrastructure, and lack of cross-country cooperation. Therefore, collaboration is needed between the government, private sector, and society in increasing digital literacy, strengthening regulations, and improving digital security systems to minimize the negative impacts of this digital economic crime.

A LEGAL REVIEW OF CONSUMER PROTECTION IN ELECTRONIC TRANSACTIONS Putu Gede Sedana Yasa; Putu Eka Trisna Dewi; Cokorde Istri Dian Laksmi Dewi
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.10.1.2025.7-13

The rapid development of technology has led to advances in all areas, including business and transactions. This ease of doing business is accompanied by the availability of supporting technologies and networks. Electronic transactions (e-commerce) have proved to be a major breakthrough, enabling consumers to save time by eliminating the need to visit a seller’s premises or to interact face-to-face with business operators. Obviously, this convenience leads to greater comfort and satisfaction for consumers, as they do not have to spend excessive amounts of time. On the other hand, this progress also has negative consequences, in particular when problems arise with goods received that do not correspond to the pictures displayed. Disputes can also arise from unsatisfactory relationships between consumers and traders. The underlying problem is that consumer protection is not comprehensively and clearly regulated in the current legislation on online transactions and consumer protection. Therefore, there is a need for more specific legislation to provide adequate legal protection and legal certainty for every citizen. The research method used in this study is normative legal research. The aim of this study is to examine the relationship between consumers and economic operators and the legal protection afforded to consumers in electronic transactions.

ANALYSIS OF THE VALIDITY OF NOTARIAL DEEDS IN THE CONTEXT OF NOTARY PRACTICE OUTSIDE THE SCOPE OF THEIR OFFICIAL TERRITORY I Wayan Mutra; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
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.10.1.2025.14-17

The Republic of Indonesia, as a rule of law state, is committed to ensuring certainty, order, and legal protection for its citizens through regulations governing the notarial office. Notaries, as public officials, have the authority to create authentic deeds, which are important evidence in various legal actions. With a clear legal basis, including Law Number 30 of 2004 and the Civil Code, notaries are required to adhere to applicable regulations and perform their duties with integrity. The creation of authentic deeds must be conducted within the notary's jurisdiction, aimed at protecting public interests. Although this profession has a long history, modern challenges arise when notaries violate regulations, such as operating outside their jurisdiction. Such violations can impact the evidentiary strength of the deeds created. Therefore, it is essential to understand the role of notaries in the context of civil law and to encourage compliance with existing regulations to maintain public trust in legal institutions. This research aims to explore the responsibilities and authorities of notaries as well as the legal implications of violations occurring in practice.

Juridical Study of Ownership Rights over Apartment Units on Land with Building Use Rights for Foreign Citizens Anang Muhammad Rizaldi; Ida Bagus Agung Mahesora Mas; Christian Isacc Alexander Alianto; Nur Imam
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.64-70

Indonesia has great potential in the field of tourism, especially in Bali, which encourages foreign nationals (WNA) to own residences in Indonesia. However, land ownership by foreign nationals is restricted by provisions in the Basic Agrarian Law (UUPA). This study aims to examine the ownership status of apartment units built on Land Use Rights (HGB) for foreign nationals, as well as to trace the normative conflicts arising between the UUPA and the provisions in Law Number 6 of 2023 and Government Regulation Number 18 of 2021. The research method used is normative legal research with a legislative and conceptual approach. The results show that although the latest provisions allow foreign nationals to own apartment units on HGB land, this contradicts Article 36 of the UUPA, which restricts HGB subjects only to Indonesian citizens and Indonesian legal entities. The conclusion from this study is that foreign ownership of apartment units on HGB land creates a conflict of norms, and such ownership should only be permitted on use-right land in accordance with the provisions of the UUPA.

A JURIDICAL REVIEW OF BUSINESS ACTORS’ LIABILITY IN COMPENSATING CONSUMERS FOR LOSSES RESULTING FROM PRODUCT PACKAGING WITHOUT AN EXPIRY DATE I Made Arismayuda; Putu Eka Trisna Dewi; Cokorde Istri Dian Laksmi Dewi
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.10.1.2025.18-23

This study aims to identify and analyse the legal protection afforded to consumers who receive products without clear information, as well as the liability of business actors to compensate for any resulting losses, pursuant to Law Number 8 of 1999 on Consumer Protection. The methodological approach employed in this legal research is a normative juridical one. This involves examining primary, secondary, and tertiary legal materials using both normative juridical and qualitative analyses, which are then systematically organised. The findings indicate that the provision in Article 8 Paragraph (1) of the Consumer Protection Law (UUPK) of Indonesia has not been effectively implemented. This is reflected by the existence of business actors who fail to include an expiry date on packaged products in accordance with prevailing regulations. The legal consequences for breaching the requirement to include an expiry date on packaged products may entail administrative sanctions, as stipulated in Article 71 of BPOM Regulation No. 31/2018, Article 61 Paragraph (2) of Government Regulation of the Republic of Indonesia Number 69 of 1999 concerning Food Labelling and Advertising, as well as Articles 62 Paragraph (1) and 63 of the Consumer Protection Law. Such administrative sanctions may include a written warning, temporary suspension of production activities, product recall, and revocation of business licences.

LAW ENFORCEMENT AGAINST FOREIGN NATIONALS WHO VIOLATE THE LOCAL WISDOM VALUES OF INDIGENOUS PEOPLES (A STUDY OF THE BAYAN TRADITIONAL VILLAGE, MARGA SUB-DISTRICT, TABANAN REGENCY) Ida Bagus Sudarma
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.10.1.2025.24-39

The existence of customary village communities is recognized in Indonesia as stated in the Constitution. It is known that customary villages have a unique history, process and purpose when compared to written national law. So a thought is needed to combine the existence and application of national law enforcement and customary law. The research method used is empirical legal research, the nature of the research, is descriptive research, the type of data is qualitative and the data source is primary data and secondary data, using data collection methods, observation, interviews, and literature. The technique of determining informants using Non probability sampling, with processing and analyzing the data descriptively qualitative and systematic. Against Foreign Citizens who violate Criminal law in Indonesia, of course, will refer to the enforcement pattern as written criminal law, notwithstanding the imposition of customary sanctions is still carried out with a legal system pattern consisting of substance, structure, and legal culture. This can be considered with the sample of research conducted in Bayan Village, Marga Subdistrict, Tabanan Regency, which applies the customary sanction of Sangaskara Danda against certain mistakes based on local customary law. Overall, the application of Sangaskara Danda against foreign nationals in Bayan Traditional Village is an example of how local values can be maintained and articulated in a global context, while still prioritizing a fair and educative approach. It should be noted that all forms of customary law enforcement have an orientation towards restoring the situation of local wisdom values that are felt to be degressive to certain behaviors. In order to realize this, it is necessary to coordinate structurally, with the parties involved and have the authority to do so.

PROHIBITION OF NOTARY TO CREATE A DEED OF TRANSFER OF RIGHTS RELATED TO FAMILY RELATIONS Hendrawan Hendrawan; Annalisa Annalisa; Abdullah Abdullah
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.10.1.2025.56-63

Notaries are public officials who are authorized to make authentic deeds, but notaries have limited authority, namely they are not allowed to make deeds for themselves, their wives/husbands, or other people who have family ties with the notary either by marriage or blood relations in the lineage. The prohibition on notaries to make deeds of transfer of rights related to family relations is discussed normatively in this study, where notaries commit violations by making deeds of transfer of rights for parties who have family ties with the notary. This study aims to analyze the position and legal consequences of making deeds of transfer of rights by notaries related to family relations, as well as the legal considerations of judges related to deeds of transfer of rights that have family ties with notaries. The results of this study indicate that the position of the deed made by a notary who has a family relationship with the party appearing remains valid, but as a result the deed is no longer an authentic deed but is degraded as a deed under hand, if there is a party who feels aggrieved by the notary, the parties can sue for compensation. The judge does not impose sanctions on notaries who make deeds of transfer of rights related to family relationships.

Legal Implications of the Annulment of Land Grant Deeds and the Liability of the Land Deed Official in Deed Execution Febrina Dwi Hendrawani; Mutia Kirana Aprilia
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.105-113

This research examines the legal implications of the annulment of land grant deeds and the liability of the Land Deed Official within the context of Indonesian civil law, particularly under Articles 1666–1693 and Article 1320 of the Indonesian Civil Code. The annulment of a grant deed, often resulting from a violation of Article 1668—which prohibits the grantor from retaining control over the granted property—renders the deed null and void ipso jure, restoring ownership rights to the grantor through restitutio in integrum and cancelling the related land certificate in accordance with the Indonesian Regulation of the Minister of Agrarian Affairs No. 3 of 1997. This study employs a normative juridical approach using statutory, conceptual, and case-based methods, highlighting the weak verification practices of Land Deed Officials, which often trigger disputes and legal uncertainty, thereby undermining the principle of legal certainty as stipulated in Article 19 of the Indonesian Basic Agrarian Law. The liability of the Land Deed Official encompasses civil aspects under Article 1365 of the Indonesian Civil Code, administrative aspects under Government Regulation No. 24 of 2016, and ethical aspects; however, weak supervision exacerbates socio-economic losses. This research emphasizes the urgent need for reform, including strengthening the professional competence of Land Deed Officials, enhancing verification technology, and harmonizing relevant legal frameworks, in order to ensure the legality of land grant transactions, prevent disputes, and realize agrarian justice.

Deviations in the Use of Fixed-Term Employment Contracts (PKWT) in the Outsourcing System in the Industrial Relations Court Decision No. 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst. Devina Novela; Gunardi Lie
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 2 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.2.2025.114-122

Outsourcing has become a choice for companies in dealing with market competition to reduce production costs and increase company flexibility. In practice, outsourcing uses PKWT to form a bond between employers and workers. However, disputes often arise between the two parties regarding rights and obligations that are frequently violated, especially by companies that take advantage of the existence of PKWT to bind outsourced workers. The issues to be examined are the misuse of PKWT in the outsourcing system in PHI Decision No. 400/Pdt.Sus-PHI/2022/PN.Jkt.Pst. and the application of the principles of protection and legal certainty for outsourced workers in cases of misuse of PKWT in the aforementioned case. The author applies a normative research method with primary legal materials, namely positive labor law and secondary legal materials such as books and legal journals through legal literature study techniques. With a regulatory approach, the data is then analyzed using qualitative methods to compile the data into information. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of a pseudo-employment relationship that gives rise to legal consequences for which the company must be held accountable. The application of the principles of legal protection and legal certainty is a form of justice obtained by workers so that the agreement that has been made is binding on both parties. Through the conflict between the law and its implementation, it can be concluded that the form of deviation that occurs is due to the repeated use of agreements and the existence of pseudo-employment relationships that give rise to legal consequences for which the company is liable. The application of the principles of legal protection and legal certainty is a form of justice for workers, so that the agreements that have been made are not merely a formality but provide real protection.

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Contact Name
-

Contact Email
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Phone
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Journal Mail Official
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Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA