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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 136 Documents
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TATA KELOLA TANAH LAR DI KABUPATEN SUMBAWA Lahmuddin Zuhri
NOTARIIL Jurnal Kenotariatan Vol. 2 No. 2 (2017): November 2017
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.2.2.413.160-173

Abstract

Abstrak Tanah adalah aset bangsa Indonesia yang merupakan modal dasar pembangunan menuju masyarakat adil dan makmur. Oleh karena itu, pemanfaatannya harus didasarkan pada prinsip-prinsip yang terkandung dalam pasal 33 (3) UUD 1945 serta Ketetapan MPR No. IX/MPR/2001 dengan prinsip keadilan dalam penguasaan, penggunaan, pemanfaatan dan pemeliharaan sumber daya agraria dan sumber daya alam, melaksanakan fungsi sosial, kelestarian dan fungsi ekologis sesuai dengan kondisi sosial budaya setempat. Penyelesaian sengketa tanah Lar dalam masyarakat sumbawa. Sehingga perlu penyelesaian dan perlindungan hukum terhadap keberadaan tanah Lar guna menjaga budaya dan eksistensi masyarakat Sumbawa, yang mayoritas adalah petani-peternak. Penelitian ini menggunakan pendekatan yuridis-sosio kultural. Masyarakat Sumbawa dengan nilai kearifan lokal yang dijiwai oleh “Adat Barenti ko Syara’, Syara’ beranti ko Kitabollah”. Nilai lokal masyarakt sumbawa belum terakomodir dalam regulasi terkai pengelolaan tanah Lar. Kedepan upaya optimalisasi atas fungsi Lar tersebut dengan mengedepankan pengelolaan atas unsur-unsur sumber daya peternakan secara efektif dan efisien, dapat mempercepat terwujudnya Masyarakat petani-peternak yang sejahtera, Mandiri dan Tangguh serta berdaya saing. Kata kunci: Lar, regulasi, masyarakat sumbawa, sejahtera Abstract The land is an asset of the nation of Indonesia which is the authorized capital of development toward a just and prosperous society. Therefore, its utilization should be based on the principles contained in article 33 (3) 1945 CONSTITUTION and statutes, the MPR No. IX/MPR/2001 with the principle of fairness in mastery, usage, utilization and maintenance of agrarian resources and natural resources, carry out social functions, sustainability and ecological functions in accordance with the social conditions of the local culture. Dispute resolution in the public land Lar sumbawa. So need a settlement and legal protection of the existence of the ground to keep the culture and the Lar of existence of society the majority are Sumbawa, farmer-breeders. This research uses a juridical approach to socio-cultural. Sumbawa community with the local wisdom values imbued by "Customary Barenti ko Syara ', Syara ' beranti ko Kitabollah". Local values celebrated by sumbawa has not terakomodir in the regulation of land management terkai Lar. The fore top optimization efforts by putting forward Lar function management over elements of the farm's resources effectively and efficiently, can accelerate the attainment of the Community farmer-breeders a prosperous, independent and tough as well as competitive power. Keywords: Lar, regulation, sumbawa, prosperous society
LAW ENFORCEMENT OF CONSTITUTIONAL COURT DECISION NO. 69/PUU -XII/2015 (Mixed Marriage Issue Without Marriage Agreement) Any Suryani Hamzah; Mohammad Irfan
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.597.1-12

Abstract

Abstrak The aims of this research is to find the model of traditional tourism governance format so that it can be used as a benchmark in the development of village tourism or sustainable hamlet tourism by re-arranging regulations based on local wisdom that support traditional tourism. Another objective is to evaluate and refine the implementation of village regulations that have been developed and implemented in the village tourism domain to determine the extent of their implications on improving the economy of people in tourist villages. This paper is authored using a qualitative approach with the orientation of literature study as an employed strategy in this study. The literature study is used in social research methodologies to trace historical data, as is found in this study. The results showed that the development of rural tourism is able to minimize the potential of urbanization from rural to urban society caused by the ability of local people to create economic activities based on tourism activities (tourism economy) in rural areas. The productive power of local potentials, including the potentials of rural areas, can be encouraged to grow and develop by utilizing the resources owned by the village, so that it can be an effective instrument in encouraging the development of socio-cultural and economic fields of rural communities. Furthermore, efforts will be encouraged to conserve and empower the potential of local culture and local wisdom values that tend to be threatened with extinction due to the heavily globalized currents that have entered rural areas. In the development of a tourist village, certain guidelines are needed so that the impact of the development of tourism activities in each rural area can be controlled. Keywords: tourism village; sustainable tourism development; economic empowerment; local wisdom.
COASTAL LAND UTILIZATION AS TOURISM ACCOMMODATION IN BULELENG Ni Luh Supadmi Indrawati; I Nyoman Putu Budiartha; Luh Putu Sudini
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.599.13-24

Abstract

Abstract This research was conducted in Lovina Tourism Area. The problems raised in this thesis are: 1) how is the pattern of the control and use of coastal land for tourism accommodation in Lovina tourism area Buleleng regency? 2) What is the legal protection of coastal land rights used for tourism accommodation in the Lovina tourism area of Buleleng regency? And the finding in the field the acquisition of that the existing land in Lovina tourist area which is located in Kalibukbuk village, dominantly controlled by local community. This study belongs to empirical law study. In the case of the utilization of the lands possessed by the right ownership rights, there is also a leased to a third party. The technique used in collecting data required in this research is interview, observation and document. The result of the research is The development of tourism in the Lovina area of ​​Kalibukbuk Village as the center of the Tourism Area that directly and indirectly affects the economic, social and cultural life of the community, and developments are included in the control and utilization of land in coastal areas and There are two kinds of legal protection, namely preventive and repressive law protection: Protection of repressive law against customary land in Lovina area is a form of legal protection that is done related to the dispute faced by its citizens through the settlement in the judiciary, In the protection of preventive law, to ensure legal certainty of state land and management rights, registration shall be made, as described in the Minister of Home Affairs Regulation No. 1 of 1977, so that the Right to Own, Use and Use Rights may be issued. Keywords: Utilization; Coastal Land; Tourism Accommodation.
MEANING OF BANK SECRETS AFTER THE ENACMENT OF LAW NUMBER 9 OF 2017 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NO. 1 OF 2017 ON ACCESS TO FINANCIAL INFORMATION FOR THE INTERESTS TAXATION INTO LAW Jamilatus Sholihah; Dyah Ochtorina Susanti; Ermanto Fahamsyah
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.639.38-46

Abstract

Abstract The national economic development in Indonesia is inseparable from the banking role. The existence of the stipulation of Government Regulation in Lieu of Law (PERPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes will certainly affect the regulation of the banking sector in particular related to bank secrets. The establishment of the Perpu appears to have attracted the attention of the government to immediately pass it into law. It is proven which on 23 August 2017 President Joko Widodo has authorized the Perpu to become a law through Law Number 9 of 2017 on Stipulation of Government Regulation in Lieu of Law (PERPPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes into the Law -What. The policy is a form of Indonesia's commitment to participate in the automatic exchange of information globally for tax purposes. The automatic opening of bank secrets for tax purposes will certainly affect the previous banking arrangements, especially those related to bank secrets. Therefore, in order to avoid overlapping arrangements, the state of Indonesia needs to harmonize all regulations relating to bank secrets and the opening of bank secrets for tax purposes. Keyword: Banking Secrecy, Taxation.
WOMEN, LAW AND POLICY: CHILD MARRIAGE PRACTICES IN INDONESIA Sonny Dewi Judiasih; Susilowati Suparto; Anita Afriana; Deviana Yuanitasari
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.647.47-55

Abstract

Child marriages are common throughout Indonesia. This is due to a strong influence of Indonesian customs and religion that strongly influence the lives of its people. It is worth pointing that marriage age arrangements in Indonesian Marriage Law reinforces that legal age for men is 19 years and 16 years for women. The 2012 statistics show that Indonesia is the 37th highest in the world in child marriage, while at the Southeast Asian level, this country ranks second after Cambodia. The ranking went up dramatically since in 2016, based on UNICEF, Indonesia ranked the 7th in child marriage worldwide. This means that the practice of child marriage in Indonesia happens, especially to women at the age of 18 years, and there is no discrimination related to the age of marriage. Against this matter, there has been a file for judicial review that demands marriage age for men and women to be pegged at the age of 18 years. However, the Judge of the Constitutional Court, through Decision Number 30-74/PUU-XII/2014, states that age of marriage remains valid for the 19-year-old for man and 16-year-old for women. The struggle does not stop there because at this time, there a national movement of STOP CHILD MARRIAGE formed by civil organisations in cooperation with the Commission of Child Protection and Ministry of Woman Empowerment and Child Protection. This movement sees that the practice of child marriage is a national emergency problem that must be addressed seriously. Further, this movement demands immediate enactment of government regulation in favour of the law which must promptly revise the Marriage Law, especially related to the marriage age.
ROYALTY OF INDONESIAN SONGS COPYRIGHTS AT YAYASAN KARYA CIPTA INDONESIA ISSUED BY LAW NUMBER 19 OF 2002 ON COPYRIGHTS Luh Putu Sudini
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.650.25-37

Abstract

Abstract This article aims at describing the role of Yayasan Karya Cipta Indonesia (YKCI) in copyright protection in Indonesia and the mechanism of royalty payment on Indonesian songs to the YKCI. Conceptual and statute approaches to legislation are the approach used in designing this study. Data were collected through library documentation. Data were analyzed qualitatively. The results show that YKCI's role as an administrator body in copyright protection is to collect royalties from parties that use songs or music commercially and help dispute resolution between creators, users or record producers of songs or music creations. Furthermore, the mechanism of royalty payments to YKCI shall be initiated by the authorization of YKCI by the creator or the copyright holder of the song, so on the basis of such power of attorney. Law Number 19 of 2002 on Copyright should be accompanied by the willingness and ability of the apparatus in enforcing it so that what to be achieved with the Act can be obtained. It is recommended that the government immediately issue provisions on the roles, duties and functions of the Copyright Council as well as the organic rules that explain the authority of YKCI which may be the appointment of the Director-General of Intellectual Property Rights (IPR) as endorsement of a collective society in order to attract royalties. Keywords: Royalty, Copyrights of Song, YKCI
NOTARYS’ LIABILITY IN THE LEGALIZATION OF THE COPY OF IDENTITY CARD (KTP) UNDER THE ORIGINAL Edwina Aileen Wirasasmita
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.682.56-64

Abstract

This study examines the notaries’ liability in a copy of Identity Card (KTP) legalization according to its original form. This is grounded on the rampant of the Identity Card Fraud cases and that notaries are authorized to approve a letter in compatibility with the original form as stated in the amended Law of the Republic of Indonesia Number 2 Year 2014 on Article 15 letter (d). To examine the phenomenon, the author used normative research method supported by interview as the instrument used to collect the data. The legal theories used are the theory of legal certainty, legal protection, and legal accountability. The results indicate that notary is responsible for parties who are disadvantaged due to the validation of the fake KTP card only in case if the notary endorsed the copy of the KTP without seeing and comparing the original form of it or the Notary has known that the KTP is a fake or not valid yet to endorse. On the contrary, a notary is not liable for having legalized an original KTP, not a photograph/photocopy, looking like original until it is unknown that it is actually a fake.
LAND OWNERSHIP BASED ON NATIONAL LAND LAW IN INDONESIA Irene Eka Sihombing
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.683.65-74

Abstract

This study examines the certainty of ownership of land rights under the national law on land in Indonesia. It is a type of nomative focusing on reviewing the laws governing land and ownership for Indonesian citizens and foreign nationals living in Indonesia. The approaches used were the conceptual and statute approaches to legislation. The data collected are in the form of articles of law that regulate and related to land and ownership. Qualitative method was a method used in analyzing and presenting data. The results indicate that the statutory provisions are indispensable. The ownership of land rights previously adopted from the Land Law of the West is no longer applicable to date in Indonesia. The study is recommended for those interested in the system and land law investigations to be used as reference material in the theoretical and practical review of the law.
Legal Protection Towards Workers Under Collective Labor Agreement Grace Albertin A.
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.745.88-96

Abstract

The Collective Labor Agreement is one of working agreements negotiated by workers joining the trade union organizations together with employers as employment providers. In the making of the agreement, it must first be negotiated by both parties. In particular, in order for the trade union to attend the negotiation, it must meet the requirement stipulated in the provisions of law and regulation stipulated in Laws Number 13 Year 2003 on Labor and Ministerial Regulation Number 28 Year 2014. The two regulations have non-interrelated arrangements or in other words it can be said as conflict of norms, hence this present study is conducted to examine the validity of enactment of collective labor agreement in a company and the legal protection for the trade union under the collective labor agreement. The study makes use of normative research method, i.e. by reviewing the documents of legislations and the literatures with legislation and conceptual approach. The result of the study shows that the validity of enactment of collective labor agreement refers to its relation with legal validity of a norm in the principle of legislation lex superior derogate lex impriori, so that the labor laws is enacted, but not apart from the role of labor ministerial regulations. The validity of the legitimate terms of an agreement is also needed to underlie a collective agreement. The legal protection that can be applied for trade union is in the form of supervision as well as legal protection both preventive and repressive outlined in the collective labor agreement content.
INDIVIDUALIZATION OF RIGHTS ON PURA PROFIT LAND Cokorda Gede Ramaputra; I Made Suwitra; Luh Putu Sudini
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 1 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.1.746.47-51

Abstract

This research aims is to analyze the validity of the transfer of land rights Pura profit in the perspective of legal certainty and protection of the law in the conservation of land Pura profit in Badung regency. This research is an empirical law study using primary data and secondary data. An Approach used in the form of the approach of legislation analysis, case and custom law. Based on the results of the research can be analyzed that the sale and purchase of land Pura profit executed after the fulfilled special terms and general terms according to the customary law and law of the country. The purpose is for the legal certainty and legal protection for both the buyer and the existence of the temple itself. Therefore, for Pura profit is expected to be innovatively able to manage temple income to be useful to support the activities of temple balance.

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