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<![CDATA[Motorcycle as a Fidusia Guarantee Object in Financing Companies in PT Adira Cabang Denpasar ]]>
<![CDATA[Anak Agung Ayu Sri Wulan Jayanti]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.747.122-129
<![CDATA[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.]]>
<![CDATA[AUTHORITY OF NOTARY AND THE POWER OF LAW POSTNUPTIAL AGREEMENT DEED POST-DECISION OF CONSTITUTIONAL COURT NUMBER: 69/STATUTORY REGULATIONS-XIII/2015 ]]>
<![CDATA[Made Widyadi]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 4 No. 1 (2019) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.4.1.749.27-37
<![CDATA[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.]]>
<![CDATA[Legal Consequences For The Guarantee Agreement Of The Warehouse Receipt Made With The Deed ]]>
<![CDATA[Dewa Made Ari Widiyatmika]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.846.75-87
<![CDATA[In the legislation concerning the Warehouse receipt system in Indonesia, there is no explanation of the form of the agreement to impose security rights on warehouse receipts. As a result, the agreement is made under private a deed. The purpose of this study is to find out related provisions to legal consequences of the agreement to impose security rights on warehouse receipts made with the deed under hand. The research method used in this study is normative juridical method with statute approach. The data of the study were collecting by examining primary legal materials, namely legislation and secondary legal material in the form of doctrines or theories obtained from legal literature and scientific research. Results of the study show that the conditions that must be fulfilled in preparing the agreement to impose the guarantee rights on the Warehouse receipt encompass the validity of the ownership of the Warehouse receipt, the validity of the agreement based on Article 1320 of Indonesian BW. The agreement to impose the guarantee right on the Warehouse receipt is made with an authentic deed, and notification to the registration center or BAPPEBTI. The legal consequence of the agreement to impose the guarantee right on the warehouse receipt made under the deed of hand is that it does not have perfect verification power in the event that one party can still deny the signature in the deed under hand, and another supporting evidence is required in the court to prove the truth of the deed under the hand. It is different from an authentic deed made by a general official who has perfect verification power (volledig) and is binding (blindende).]]>
<![CDATA[Nominee Agreement Made For The Purposes Of Land Ownership By Foreign Citizens On The Basis Of ANotarial Deed ]]>
<![CDATA[Luh Putu Sudini]]>;
<![CDATA[I Wayan Kartika Jaya Utama]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.849.109-115
<![CDATA[National land laws prohibit the ownership right of land by foreigners as reflected in the provisions of Article 9 UPPA, the Basic Agrarian Law, which confirm that only Indonesian citizens who can have ownership rights on the land. In addition, the provisions of Article 26 Paragraph (2) UUPA also prohibit the transfer of ownership of land from the citizen of Indonesian to foreign citizen, both directly and indirectly. Legal consequences of the deed of agreement of the land ownership rights of Indonesian citizen by foreign citizens made by a notary public is null and void because the objective conditions are not met, as postulated by Article 1320 of the Civil Code. Indeed ownership rights to land by foreign citizens, either directly or indirectly does not promise a legal protection to the party concerned.]]>
<![CDATA[The Implication Of Computerized System-Based Mortgage Right Registration ]]>
<![CDATA[I Putu Arwan Puspa Resmawan]]>;
<![CDATA[Any Andjarwati]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.871.97-108
<![CDATA[The Circular No. 5/SE-100/I/2015 dated January, 29th 2015 issued by the Ministry of Agrarian and Spatial Planning/Head of National Land Agency, gives order to all ranks of working environment of the Land Agency to use the computerized system in the service of land registration, as long as the facilities and infrastructures are adequate. The strategy is aimed at; easing the access to land registration services for society and modernizing the agrarian management and service, Spatial Planning, and Land service. This is due to some reasons, which also affects the Mortgage Right registration system which, according to respondents, more than one registration of deed of imposition of mortgage but still in one credit agreement, cannot be registered at the same time. This study is an empirical research or non-doctrinal legal research. With regard to this the present study examines implementation of Mortgage Right registration at the Land Office of Badung District based on a computerized system after the issuance of the Circular 5/2015, to identify the obstacles faced in registering Mortgage Right in that new system and to seek for solutions to solve it.]]>
<![CDATA[The Implication of Recognition Principle in the Administraton of Village Governance ]]>
<![CDATA[Endang Retnowati]]>;
<![CDATA[Edi Krisharyanto]]>;
<![CDATA[Noor Trihastuti]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.872.116-121
<![CDATA[This study aims to analyze the implications of the existence of the principle of recognition to the administration of village governance. The method used is normative method with juridical, statute, and doctrinal approaches. The principle of recognition brings the existence of the village to play an independent role in the administration of village governance and the affairs of the village while increasing the participation of the village community in realizing good governance. This principle of recognition is also an alternative in exploring the origin of the village in question, especially for villages that are beginning to forget their origins. Notwithstanding, basically the principle of recognition is recognizable as long as it is still alive and applies in the village concerned.]]>
<![CDATA[General Election and the Study of the Future ]]>
<![CDATA[Tomy Michael]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 3 No. 2 (2018) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.3.2.873.130-136
<![CDATA[Indonesia's position in electoral development is getting better because of the legislation. It is different when a strong bargaining position is artificial. In this case, the state becomes strong because of its own efforts such as having sophisticated technology programs, producing sophisticated weapons, or having world-class athletes. The problem is when the candidate listed in the empty ballot has been elected by the community but the chosen one does not win, then such election is actually not of the will of the community. This study uses normative legal study design which means that it is normative juridical legal research. The approaches used in legal research are statute approach, case approach, and conceptual approach. Future elections will no longer change when there is no legal clarity in Indonesia if the robot is included in it. The election aimed at robots for is not being a contradiction but is a way out to produce elections that are truly fair. When we choose robots in the elections, artificial intelligence holds norms in society. Artificial intelligence will become a habit in Indonesia, turning to jus cogens because its main nature is indirect force.]]>
<![CDATA[DEBT FORGIVENESS PRINCIPLE IN BUSINESS LEGAL REPRESENTATIVES ]]>
<![CDATA[Pebry Dirgantara]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 4 No. 1 (2019) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.4.1.894.1-7
<![CDATA[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.]]>
<![CDATA[COMPARISON OF LAWS FOR SETTLING DEBT REMAINING BANKRUPTCY BETWEEN INDONESIAN AND DUTCH COUNTRIES ]]>
<![CDATA[Rizka Rahmawati]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 4 No. 1 (2019) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.4.1.895.18-26
<![CDATA[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.]]>
<![CDATA[GOOD GOVERNANCE BASED PUBLIC SERVICES ]]>
<![CDATA[Ronny Winarno]]>;
<![CDATA[Endang Retnowati]]>
<![CDATA[ NOTARIIL Jurnal Kenotariatan Vol. 4 No. 1 (2019) ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jn.4.1.1155.8-17
<![CDATA[Public service as a reflection of service form to the public to complete the right and fundamental need and administrative service as it set in constitution of Republic Indonesia of 1945. State have an obligation to complete the right of every citizen through government system to increase quality and to guarantee public service in accordance with general principles of good governance. In fact, there are so many problems of public service, including incondidtence of public service. Therefore, this research is formulated into the roles and functions of public services in realizing good governance, the reform of the national legal system currently have the ability to transform the values of public services into the system of good governance based on the Constitution of the Republic of Indonesia 1945 and efforts to optimize public services that can achieve good governance. The analysis is carried out based on the rechtsstaats theory, stuffen theory and law enforcement theory that is adapted to the basis of ideology (rechtidee) and Indonesian constitution. The result is concluded that the role and function of public services is one reflection of Indonesia that guarantees legal certainty and protection of people's rights.The transformation of the values of public services is a product of the current national legal system reform which is intended as an effort to improve quality and ensure the provision of public services. Indeed, the realization of good governance must begin with the quality and validity of the implementation of public services.]]>
