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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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ROYALTY OF INDONESIAN SONGS COPYRIGHTS AT YAYASAN KARYA CIPTA INDONESIA ISSUED BY LAW NUMBER 19 OF 2002 ON COPYRIGHTS Sudini, Luh Putu
Jurnal Notariil Vol 3, No 1 (2018)
Publisher : Notary Department, Post Graduated Program, Warmadewa University

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 YKCIs 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
TUGAS DAN FUNGSI MAJELIS PENGAWAS DAERAH DALAM MENYELENGGARAKAN PENGAWASAN, PEMERIKSAAN, DAN PENJATUHAN SANKSI TERHADAP NOTARIS Trisnomurti, Ria; suryawan, Gusti Bagus
Jurnal Notariil Vol 2, No 2 (2017): November 2017
Publisher : Notary Department, Post Graduated Program, Warmadewa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.2.2.353.127-140

Abstract

Abstrak Tujuan dari penelitian ini adalah untuk mengetahui tugas dan fungsi majelis pengawas daerah dalam menyelenggarakan pengawasan, pemeriksaan, dan penjatuhan sanksi terhadap notaris. Permasalahan yang dibahas pada penelitian ini adalah Tugas dan fungsi Notaris sebagai pengabdi masyarakat menjalankan sebagian tugas Negara dan karena itu sangat penting bagi para notaris di dalam memangku jabatannya untuk memberi pelayanan kepada masyarakat dan demi kepentingan masyarakat. Adapun hasil dari penelitian ini menyatakan bahwa Majelis Pengawas Notaris dapat melakukan tugas dan fungsinya secara berjenjang atau tidak berjenjang. Dalam kaitannya dengan penjatuhan sanksi, pemeriksaan dilakukan secara berjenjang, dimulai dari MPD, MPW, dan MPP, namun penjatuhan sanksi berupa peringatan lisan atau tertulis merupakan kewenangan dari MPW yang sifatnya final, dan penjatuhan sanksi berupa pemberhentian merupakan kewenangan dari MPP, dan Menteri Hukum dan HAM RI yang akan mengeluarkan Surat Keputusan pemberhentian. Kata Kunci: Notaris, Majelis pengawasan notaris Abstract The aims of this research is to know duty and function of regional supervisory board in conducting supervision, examination, and imposition of sanction against notary. The problems discussed in this research are the tasks and functions of the Notary as a servant of the community to carry out some of the tasks of the State and therefore it is very important for the notary in holding their positions to provide services to the public and for the benefit of society. The results of this study states that the Supervisory Board of Notaries can perform tasks and functions in stages or not tiered. In relation to the imposition of sanctions, the examination shall be conducted in stages, starting with the MPD, MPW and MPP, but the sanction of oral or written warning shall be the authority of the MPW which is final, and the imposition of sanctions in the form of termination shall be the authority of MPP, Human Rights which will issue a Decision Letter of dismissal. Keywords: Notary Public, Notary Supervision Board
DILEMA PENEGAKAN HUKUM PUTUSAN MK NO.69/PUU-XII/2015 (PERSOALAN PERKAWINAN CAMPURAN TANPA PERJANJIAN KAWIN) budiarta, nyoman putu
Jurnal Notariil Vol 2, No 1 (2017): Mei 2017
Publisher : Notary Department, Post Graduated Program, Warmadewa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.2.1.151.1-12

Abstract

ABSTRAK Perjanjian perkawinan yang dibuat sebelum atau pada saat perkawinan berlangsung sudah diatur dalam perundang-undangan, sedangkan perjanjian perkawinan selama dalam ikatan perkawinan belum diatur. Terhadap hal ini tentu diperlukan instrumen hukum agar dapat mengakomodir permasalahan yang terjadi, untuk itu harus direspon dengan ketentuan peraturan perundang-undangan yang mengaturnya agar menjamin adanya kepastian hukum. Mahkamah Konstitusi telah memberikan jalan keluar mengenai permasalahan ini atas gugatan yang disampaikan kepada mahkamah melalui putusan Mahkamah Konstitusi No.69/PUU-III/2015 yang secara eksplisif menyatakan bahwa perjanjian perkawinan dapat dilakukan selama dalam ikatan perkawinan bahkan dapat dilakukan perubahan atau dicabut sepanjang disepakati kedua belah pihak suami istri. Putusan tersebut dilandasi oleh pertimbangan hukum dimana pengaturan Pasal 21 Ayat (1), Ayat (3) dan Ayat (4) Undang-Undang Perkawinan (Undang-Undang Nomor 1 Tahun 1974) dinyatakan bertentangan dengan Pasal 28 H Ayat (4) Undang-Undang Dasar Negara Republik Indonesia Tahun 1645 terutama adanya pembatasan atau bahkan menghilangkan hak-hak konstitusional Warga Negara Indonesia yang melakukan perkawinan campuran dengan tetap mempertahankan kewarganegaraannya dalam hal memiliki Hak Milik / Hak Guna Bangunan atas tanah di Indonesia. Kata Kunci : Penegakan Hukum, Putusan Mahkamah Konstitusi, Perjanjian Kawin, Perkawinan Campuran.
Motorcycle as a Fidusia Guarantee Object in Financing Companies in PT Adira Cabang Denpasar Ayu Sri Wulan Jayanti, Anak Agung
Jurnal Notariil Vol 3, No 2 (2018)
Publisher : Notary Department, Post Graduated Program, Warmadewa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.2.747.122-129

Abstract

In Practice Financial Institutions and Financing Institutions operationally require another type of service, namely a guarantee facility. The guarantee itself in economy is divided into two broad lines that differentiate it, namely moving assets guarantee and immovable assets guarantee. The guarantee of immovable assets or land with all the objects attached to it is called mortgage, while for the guarantee of moving assets is regulated in Fiduciary Institutions. In Indonesia Fiduciary Institution already has its legal basis that is Law No.42 Year 1999 on Fiduciary. This research method combines between quantitative and qualitative research method to be used together in a research activity, so that it is obtained data that more comprehensive, valid, reliable and objective. Accordingly, this study will examine what is the rationale of making motorcycle as fiduciary and its implementation in the field. The regulation of Fiduciary Institution in the financing company is strictly regulated in the Laws number 42 Year 1999 on Fiduciary, is the transfer of property rights to the goods as a guarantee on the basis of trust, while the object itself remains in the hands of the owner. The implementation of imposition of motorcycle as a fiduciary at a financing company in PT.Adira Denpasar is an absolute requirement for the purpose of legal certainty that is expressly regulated in the credit agreement. This is because fiduciary security is very important for financing companies to counter the risks that may arise in the future as a result of lending by the company to the customer. Due to credit law without fiduciary in case of default at PT. Adira Denpasar, that credit without fiduciary carries a greater risk so that the legal consequences is apply that all existing and future moveable and immovable customer’s property become guarantee to debt payments. At PT. Adira Denpasar, applying prudential principles in every lending to customers by seeking guarantee or known as credit with guarantee, as one effort to minimize the risk of loss that will be suffered as a result the debtor cannot pay off the credit as agreed in the credit agreement.
LAW ENFORCEMENT OF CONSTITUTIONAL COURT DECISION NO. 69/PUU -XII/2015 (Mixed Marriage Issue Without Marriage Agreement) Hamzah, Any Suryani; Irfan, Mohammad
Jurnal Notariil Vol 3, No 1 (2018)
Publisher : Notary Department, Post Graduated Program, Warmadewa University

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.
AUTHORITY OF NOTARY AND THE POWER OF LAW POSTNUPTIAL AGREEMENT DEED POST-DECISION OF CONSTITUTIONAL COURT NUMBER: 69/STATUTORY REGULATIONS-XIII/2015 Made Widyadi
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.4.1.749.27-37

Abstract

This research aims is to increase knowledge and insight about Notary Authority and Legal Strength of Postnuptial Agreement Deed Post Constitutional Court Decision Number: 69/Statutory Regulations-XIII/2015. Normative research method, reviewing the legislation and library materials with approaches of legislation and concepts, the source of legal materials using primary, secondary and tertiary legal materials, after the legal material collected through literature study then further analyzed by qualitative descriptive to get a conclusion. The result of the research obtained is the Notary Authority in the aggregation of the Postnuptial Agreement Deed after the Constitutional Court Decision Number: 69/Statutory Regulations-XIII/2015 is a Notary authorized to make Postnuptial Agreement Deed whose contents are retroactive. Post-Decision of the Constitutional Court The Postnuptial Agreement made by a new notary has the legal power after being registered with the Civil Registry Agency based on Regulation of the Minister of Home Affairs Number 472.2/5876/Department Of Population And Civil Registration.
SUSTAINABLE DEVELOPMENT GOALS AND ELIMINATION OF CHILDREN'S MARRIAGE PRACTICE IN INDONESIA Sonny Dewi Judiasih; Luh Putu Sudini; Betty Rubiati; Deviana Yuanitasari; Hazar Kusmayanti; Elycia Feronia Salim
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.4.1.1157.52-64

Abstract

Empowerment of women and girls is to be realized through sustainable development. Sustainable development depends on an equitable distribution of resources and it cannot be achieved without gender equality (Pathania, 2017). This research aims to analyze the implementation of the Sustainable Development Goals Program in the elimination of child marriage practices in Indonesia and to discover efforts to implement the Sustainable Development Goals Program by government officials in the elimination of child marriages in Pesisir Selatan District, West Sumatra Province. This research used the Sustainable Development Goals approach. To obtain the data, the researchers used primary and secondary data. Based on the result, it can be concluded that implementation of achievement of the Sustainable Development Goals is not only carried out centrally by the central government, but the central government also submits this to the regional government.
COMPARISON OF LAWS FOR SETTLING DEBT REMAINING BANKRUPTCY BETWEEN INDONESIAN AND DUTCH COUNTRIES Rizka Rahmawati
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.4.1.895.18-26

Abstract

Legal products applied in Indonesia are legal products of Dutch heritage. Many of these legal products are no longer able to accommodate the legal needs of today's society. Therefore, it is necessary to reform the law, one of which is in the field of bankruptcy law. In the Netherlands, bankruptcy law has undergone a development of one regarding the settlement of debtor's remaining debts. The aims of this research is to know the legal differences in the settlement of debtor debts between Indonesia and the Netherlands, a legal comparison is needed. The method of research is legal comparison carried out by means of descriptive analysis by using a statue approach, comparative approach, conceptual approach, and historical approach. The difference in settlement of remaining debt applied in Indonesia and in the Netherlands is influenced by differences in normalized principles in bankruptcy laws in each country. Indonesia which normalizes the debt collection principle has the consequence that the remaining debt will continue to follow the bankrupt debtor until the debt is paid in full. This is different from the settlement of the remaining debt in the Netherlands that normalizes the principle of debt forgiveness, which in this principle of debt forgiveness, which in this principle the payment of the remaining debtor debt is given a maximum period of 5 years. In that period the debtor is still not able to pay off the remaining debt, the debtor can be terminated by a judge so that the debtor will be free from the remaining debts.
RESIDENTIAL OWNERSHIP FOR FOREIGN EMPLOYEES DOMICILED IN INDONESIA Lalu Husni; Idrus Abdullah; R R. Cahyowati; Any Suryani
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.4.1.1156.38-46

Abstract

The aims of this research is to examine and analyze: the reasons for justifying the policies issued by the government on residential ownership for foreign employees domiciled in Indonesia, the regulation of residential ownership for foreign employees domiciled in Indonesia, and the procedures of residential ownership for foreign employees domiciled in Indonesia. The method used is legal normative with a statute approach and conceptual approach. Sources and types of legal materials, primary, secondary and tertiary legal materials. The technique of collecting legal materials is done through literature research. The process and analysis of legal materials is carried out in a coherent, and systematic manner, by carrying out classification techniques. As the result, a principle of benefit is the reason for government to issue the policies in which the presence of Foreign employees in Indonesia must beneficial to the national development and not harmful to discipline and security of the Unitary State of the Republic of Indonesia. The regulation started from Indonesian constitution of 1945, Law. No.5 of 1960 concerning Agraria, Law No. 20 of 2011 concerning Flats, Government Regulation No.103 of 2015 concerning Residence Ownership or Occupancy by Foreigners domiciled in Indonesia, Law No.6 of 2011 concerning Immigration and Government Regulation No.26 of 2016 concerning Regulation of Government Regulation No.31 of 2013 concerning Implementation Regulations of Law No. 6 of 2011. The procedures for the ownership of residential houses for Foreign employees domiciled in Indonesia must meet the requirements as stipulated in Government Regulation No.103 of 2015.
DEBT FORGIVENESS PRINCIPLE IN BUSINESS LEGAL REPRESENTATIVES Pebry Dirgantara
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.4.1.894.1-7

Abstract

The aims of this research is on the form of engagement between bankrupt debtors on the remaining debt that has not been paid to creditors based on PKPU UUK and the form of debt forgiveness principles as a form of business legal renewal, especially regarding the debtor's liability to the remaining debt to its creditors. The methods of this research is uses 3 (three) sources of legal material, namely primary legal materials, secondary legal materials, and tertiary legal materials. The primary legal material obtained from the field is first examined for completeness and clarity to be classified as well as systematic and consistent preparation to facilitate analysis. Secondary legal materials obtained from the literature are selected and collected systematically, so that they can be used as a reference in conducting analysis. From the results of the legal material of library research and the field, a descriptive analytical discussion was conducted. The result of research found Based on the bankruptcy settlement stipulated in the PKPU UUK, it can be seen that with the existence of a bankrupt decision against a debtor, in which the settlement still leaves the remainder of the debt, the agreement between the debtor and his creditors will not end or break before the debt is repaid and The existence of the debt forgiveness principle characterizes that in a business can not be separated from a risk and / or uncertainty and all things that have the potential to harm the business and can even bankrupt the legal subject business.

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