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<![CDATA[LEGAL PROTECTION OF OWNERSHIP OF FLATS UNITS AGAINST FOREIGN NATIONALS IN INDONESIA ]]>
<![CDATA[Putu Kharisa Pramudya]]>;
<![CDATA[I Made Pria Dharsana]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.1.2023.37-43
<![CDATA[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.]]>
<![CDATA[THE EXISTENCE OF CUSTOMARY LAND IN BALI AFTER THE APPOINTMENT OF CUSTOMARY VILLAGES AS SUBJECTS OF COMMUNAL PROPERTY RIGHTS OVER LAND ]]>
<![CDATA[I Nyoman Yoga Narayana]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.1.2023.21-31
<![CDATA[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.]]>
<![CDATA[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) ]]>
<![CDATA[I Putu Arik Sanjaya]]>;
<![CDATA[I Wayan Wesna Astara]]>;
<![CDATA[Luh Putu Sudini]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.1.2023.44-50
<![CDATA[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.]]>
<![CDATA[THE RIGHT TO INHERIT CHILDREN IN MIXED MARRIAGES BETWEEN BALINESE AND FOREIGN NATIONALS ]]>
<![CDATA[Wahyu Ariartha, I Nyoman]]>;
<![CDATA[Kurniawan , I Gede Agus]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.62-72
<![CDATA[Currently, the province of Bali does not rule out the possibility of inter-citizenship marriages, in this case between Balinese Indonesian citizens and foreigners raise doubts about the inheritance rights of children born from this mixed marriage, whether inheriting from the father's family or from the mother's family. The importance of legal certainty about children's inheritance rights is due to problems that occur. It is important to examine the position of children born from mixed marriages in the field of inheritance, considering the absence of special arrangements regarding inheritance in mixed marriages. This study aims to examine the citizenship and inheritance rights of children from Balinese-foreign national mixed marriages. This study employs normative legal research with a statutory and conceptual approach. It utilizes primary, secondary, and tertiary legal materials collected through a card system technique and employs evaluative, systematic, interpretative, and argumentative analysis methods. The result of the study revealed that the citizenship status of a child who is from a mixed marriage is determined in Article 4 and Article 6 of the Citizenship Law of a child born from a mixed marriage, between Balinese Indonesian citizens and foreigners, status as Indonesian citizens. Only in the event that the nationality obtained from the marriage of the parents causes the child to have dual citizenship, then the child must choose his nationality when the child is 18 years old or married. The inheritance rights of children born from mixed marriages depend on the form of marriage of their parents.]]>
<![CDATA[VALIDITY OF AUTHENTIC DEED MADE BY NOTARY IN SUSPECT STATUS ]]>
<![CDATA[Tanaya, I Putu Adi]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.73-81
<![CDATA[The Notary in making an authentic deed as a general official applies to that, even though he is not involved in the forgery that occurs in the authentic deed, the Notary can be summoned by the Indonesian National Police as a witness. then it turns out that sufficient original evidence is found for the involvement of the Notary, then it is possible that the Notary can be made a suspect. As long as the Notary is in the status of a suspect, how is the legal protection for a Notary suspected of committing a criminal act? how is the validity of the deed made by a notary in the status of a suspect? The purpose of this study is to find out how is the protection of a notary who is suspected of committing a criminal act and the validity of an authentic deed made by a notary who is currently in the status of a suspect. This study uses a normative juridical method. In accordance with the applicable law, legal protection for a Notary is in the right of notarizing a Notary and also the procedure for summoning a Notary. A notary is in suspect status if he continues to make a deed because of the absence of a notary in making a deed, he is in the status of not being dismissed, suspended (suspended), fired and retired. Notary as after the suspect is not necessarily guilty and the principle of presumption of innocence must be upheld, until a court decision has definite legal force. It depends on the community still willing to use the services of a notary who is in the status of a suspect or not.]]>
<![CDATA[THE ROLE OF PPAT IN TAX OBLIGATIONS FOR THE PARTIES IN THE SELLING OF LAND RIGHTS ]]>
<![CDATA[Andhyaksa, I Putu Gede]]>;
<![CDATA[Ramadana, I Gusti Agung]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.105-115
<![CDATA[This study discusses the role of Land Deed Making Officials (PPAT) related to tax obligations for parties in the sale and purchase of land rights in Denpasar City and the application of the authority of the Denpasar City Regional Revenue Agency (Bapenda) in determining tax obligations on the Value of Land Rights Acquisition Fees and Buildings (BPHTB) for buyers. This study is empirical legal research with a sociological approach and a conceptual approach. The data sources consisted of: primary, and secondary. The data analysis used in this study is descriptive qualitative. The results show that the Land Deed Official can only sign the Deed of Transfer of Rights to Land and/or Buildings after the Taxpayer submits proof of tax payment and assists the parties to fulfill their tax obligations from the transaction of transfer of rights to land and/or buildings and acts as supervision, controlling, reporting, and facilitating the BPHTB payment process. Another role is that PPAT can help submit requests for information on land market prices based on the will and power of the parties. The application of the authority of the Denpasar City Regional Revenue Agency (Bapenda) in determining tax obligations on the Value of Customs on Acquisition of Rights on Land and Buildings (BPHTB) for buyers who are not listed in the legislation is the use of the indicated price of Land Value (market price) as the basis for calculating BPHTB if the value of the agreement or the price of the sale and purchase transaction of the parties is lower than the price indicated by the value of the land issued by the Denpasar City Bapenda.]]>
<![CDATA[TRANSITION OWNERSHIP RIGHTS LAND OF AGRICULTURAL LAND WITH ABSENTE USING E-KTP IN BANGLI DISTRICT ]]>
<![CDATA[Sarbini, S.]]>;
<![CDATA[Negara, I Ketut Adhi Karunia Jaya]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.51-61
<![CDATA[One of the objectives of land reform is to hold a fair and equitable distribution of the livelihoods of the peasants in the form of land so that with this distribution a fair and equitable distribution of results can be achieved. The purpose of this land reform is realized through the determination of the minimum area and maximum area of agricultural land ownership with certain rights by one family or legal entity. Prohibition of agricultural land ownership in absentee is a prohibition on ownership of agricultural land located outside the area where the owner lives. One of the efforts to prevent absentee land ownership is the existence of an Electronic Identity Card. However, the implementation of the transfer of rights based on the sale and purchase of agricultural land, with the implementation of the E-KTP, was not carried out perfectly. This research aims to examine the implementation of the absentee sale and purchase of agricultural land rights using E-KTP in Bangli Regency. The research method used is empirical legal research and the research locations were held in Bangli Regency, PPAT and the Bangli Regency Land Office. The results of this research showed that the implementation of an E-KTP nationally, still cannot overcome the ownership of agricultural land in Bangli Regency by people who have addresses outside the Bangli Regency sub-district and still carry out the process of changing addresses so as not to cause absentees.]]>
<![CDATA[NOTARY AUTHORITY AS A CLASS II AUCTION OFFICIAL IN THE PERSPECTIVE OF THE NOTARY OFFICE ACT ]]>
<![CDATA[Santika, Ida Bagus Agung Putra]]>;
<![CDATA[Renaya, Nengah]]>;
<![CDATA[Mahaputra, Kresna Yoga]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.98-104
<![CDATA[This study aims to determine the authority of a Notary as a Class II Auction Officer in the perspective of the Notary Position Act and to determine the legal consequences for a Notary who makes a minute of an auction who is not a Class II Auction Officer. This study employs normative legal research, utilizing the Legislation approach and Legal Concept Analysis (both analytical and conceptual approaches) as well as the Legislative Approach (statute-based approach). The results of this study are the harmonization of authority arrangements for Making Auction Minutes in terms of the Notary Position Act and auction regulations can be carried out using the lex specialist derogate legi generalist principle which is used in the Auction Rules as the basis for the authority to make Auction Minutes, which is contained in the Auction Officer, not the Notary. Although a Notary may be appointed as a Class II Auction Officer according to Article 7 of the Auction Instruction jo. PMK Class II Auction Officer, but the authority is given in the capacity of a Notary as a Class II Auction Officer who has been appointed by the Minister of Finance. Because a notary who has not been appointed as a Class II Auction Officer is not allowed to make a Minutes of Auction. The legal consequences for a Notary who makes auction minutes who is not a Class II Auction Officer will result in the degradation of the status of the auction minutes from an authentic deed to an auction minute which is only a private deed. The degradation of the status of the auction minutes from an authentic deed to a private deed will of course have other legal consequences, namely if the auction minutes are degraded into a private deed, then the auction minutes will no longer have perfect evidentiary power like an authentic deed.]]>
<![CDATA[THE APPLICABILITY OF ARTICLE 91 SUBSECTION (1) OF LAW NUMBER 28 OF 2009 ON REGIONAL TAXES AND LEVIES CONCERNING THE AUTHENTICITY OF A DEED ]]>
<![CDATA[Korneawan, I Gede Edy]]>;
<![CDATA[Mahendrawati, Ni Luh Made]]>;
<![CDATA[Puspadma, I Nyoman Alit]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.92-97
<![CDATA[The Law Number 28 of 2009 on Regional Taxes and Levies creates a conflict: Article 90 says taxes are due when the deed is signed, while Article 91 requires proof of tax payment before the deed can be signed by the Land Deed Official/Notary. This study aims to examine the requirements for drawing up an Authentic Deed in order to have a legal force as solid proof and to examine the legal protection for the community upon the enactment of Article 91 subsection (1) of Law Number 28 of 2009. This study is normative legal research using a statutory and conceptual approach. The legal materials are collected using the document study technique and analyzed using a descriptive method, legal interpretation, and argumentum per analogiam (Legal Analogy). The results of this study indicated that an Authentic Deed is a solid proof comprising head, body and closing of the deed. That deed shall provide certainty on the date of drawing up and signing the deed in order to provide legal certainty. The payment of the Duties on Acquisition of Rights on Land and/or Buildings is not a prerequisite for drawing up an Authentic Deed. The payment may be made after the Notary Deed is ratified and before it is registered to the Land Office by the Land Deed Official. If the Authentic Deed has not been signed or ratified by the Land Deed Official, the transfer of land rights would not happen as there is no written evidence which can protect the buyer.]]>
<![CDATA[AUTHENTIC DEED OF AUTHORITY TO SELL INDEPENDENTLY IN MAKING A DEED OF SALE AND PURCHASE ]]>
<![CDATA[Girinatha, Dewa Gede Wibhi]]>;
<![CDATA[Renaya, Nengah]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.8.2.2023.82-91
<![CDATA[The Deed of Authority to Sell Independently is akin to a power of attorney, which grants someone the authority to act on another's behalf. In land transfers, this authorization must be made before a Notary, a public official responsible for authentic deeds and their validity, including providing copies and excerpts as per Article 15 paragraph (1) of UUJN. The purpose of this study was to study the process of making a Deed of Sale and Purchase deed using an Authentic Deed of Authority to Sell Independently and registration of the transfer of land rights based on an Authentic Deed of Authority to Sell Independently at the Land Office. The research method used is the normative research method. The results of this study showed that the Authentic Deed of Authority to Sell Independently can be used in making a sale and purchase deed if it meets the specified conditions. In addition, the Authentic Deed of Authority to Sell Independently can also be used in registering the transfer of land rights at the Land Office.]]>
