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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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PATENTS AS FIDUCIARY COLLATERAL IN BANK CREDIT I Gusti Agung Ayu Patrecia Marthavira
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1725.33-38

Abstract

The aims of this study are to determine the regulation of patents as fiduciary guarantees in bank credit and find out how to assess the economic value of patents as fiduciary guarantees. This study used statute approach and conceptual approach. This research method used three sources of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection is done through library research The main legal material obtained from the field was first examined for completeness and clarity to be classified as well as systematic and consistent preparation to facilitate analysis. Secondary legal material was obtained from the literature and was collected systematically, so that it could be used as a reference in conducting analysis. The results of the legal material were carried out with library and field research, as well as descriptive analytical discussions. The results of this study are the regulation of patents as fiduciary guarantees in bank credit contained in Article 108 paragraph (1) of Law Number 13 Year 2016 concerning Patents which determines that the right to a Patent can be used as an object of fiduciary security. Patents include intangible movable property that can be transferred or transferred because of a written agreement. How to assess the economic value of patents as fiduciary guarantees, namely the market approach, income approach and cost approach.
NOTARY RESPONSIBILITIES ON THE MAKING OF DEED WITH DOUBLE NUMBER I Wayan Erik Pratama Putra; Luh Putu Sudini; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1726.39-48

Abstract

The objective of this research to reveal (1) the responsibility of a notary for the drafting of a double number and (2) the legal consequences if a double number occurs in a notarial deed. The types of this research is normative legal research. The research results indicated that (1) The notary's responsibility for making a notarial deed with a double number must be accounted for administratively. The existence of a double number on the notary deed indicates that the notary has been inadvertently applied in making an authentic deed. In every legal action that implies the use of authority, it implies an obligation of accountability. Thus, a notary who makes a notarial deed with a double number requires the notary to be administratively responsible, remembering that the negligence made by a notary is an administrative error; and (2) The legal consequences in the event of a double number in a notary deed do not cause any consequences if no party feels disadvantaged by the existence of this double number. All that is left is for the notary to publish the minutes of changing the deed number and notify parties such as the parties, the Ministry of Law and Human Rights and the local Land Office if the double-numbered deed is related to land rights. However, if the double numbered deed brings harm to another party, then the party who feels disadvantaged can sue the notary.
NOTARY RESPONSIBILITY IN CHECKING HALAL CAUSA REQUIREMENTS ON OBJECTS PROMISED Dyah Ochtorina Susanti
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1728.24-32

Abstract

This research is motivated by there is a case of cancellation (null and void) of an authentic deed made by a notary because it does not meet the halal causa requirements. This study aims to analyze and find the form of liability of the Notary in halal causa requirements on the promised object. The results of the study using the normative legal research with the statute approach, conceptual approach, and comparative approach. The results of this study showed that the form of legal liability of the Notary in examining halal causa requirements on the agreed object, namely using the type of liability based on fault, because if halal causa requirements are not fulfilled in the authentic deed which results in the deed being null and void, then it is mistakes of Notaries as officials who are authorized to make and be responsible. At the end of this study, the researcher also provided advice to the government to updated Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position by adding clauses related to the Notary's obligation to check the legal terms of the agreement; as well as advice to the Notary to be more careful, thorough, careful, not taking sides in checking halal causa requirements in the object of the agreement.
CONSUMER LEGAL EFFORTS DUE TO ABUSE OF CIRCUMSTANCES (MISBRUIK VAN OMSTANDIGHEDEN) IN STANDARDIZED AGREEMENTS Celina Tri Siwi Kristiyani
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1729.1-7

Abstract

Private law develops with the dynamics of community needs. Law Number 8 of 1999 concerning Consumer Protection Law is a form of regulation aimed at balancing the rights and obligations of both consumers and business actors. But in reality, consumers are always the weaker party; the injured party is due to a more inferior position. The form of consumer losses that often occur is the existence of standardized agreements containing elements of misuse (misbruik van omstanddigheden). As a result, the consumers agree not to an agreement in "good faith", but what has been agreed is that the will of the business actor intends to harm consumers by abusing the situation. This study aims to 1) know the categories of circumstances abuse in standardized agreements that harm consumers, 2) know the legal efforts that consumers can do due to abuse of circumstances (misbruik van omstanddigheden) in standardized agreements. The method used is juridical normative that is using primary legal materials and secondary legal materials to analyze the problem, but it is contextualized by the dynamics of standardized agreements in the global era. The results obtained that in the current global era the standardized agreements with the abuse of the circumstances are increasingly diverse. If it is proven that there is an abuse of circumstances, then the effort is cancelling the agreement. Minimizing the misuse of circumstances in the standardized agreement requires the participation of all parties, consumers, businesses and the government.
The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker Dewa Gede Wibhi Girinatha
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1758.65-69

Abstract

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.
The Existence of Publicity Principles in Complete Systematic Land Registration Anak Agung Istri Chintya Paramitha; I Made Suwitra; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1759.81-88

Abstract

This study aims to analyse the legal certainty of land rights certificates through the complete systematic land registration program regulated in Permen ATR / BPN No.6 / 2018. The issues examined include the legal certainty of land rights certificates issued based on Permen ATR / BPN No.6 / 2018 and legal protection of certificates issued under Permen ATR / BPN No.6 / 2018 for holders of certificates of land rights. This study uses normative legal research. The data was primary and secondary legal materials related to land registration. The results of the study are associated with legal objectives, then Permen ATR / BPN No. 6/1997 provides great advantages and can create an element of justice by issuing certificates throughout the community, so that legal certainty is given but it becomes weak due to disharmony between the two rules. So that applies the legal principle of the lex superiori derogat legi inferiori. The lower provisions are null and void and have no binding legal force as a result, land rights certificates issued based on Permen ATR / BPN No.6 / 2018 do not have legal power. In order to achieve legal certainty and protection, the provisions of Article 24 paragraph (2) Permen ATR / BPN No.6 / 2018 is adjusted to Article 26 paragraph (1) PP No. 24/1997 or the rules regarding PTSL are made in laws and regulations of the same level or higher than PP No.24 / 1997.
LEGACY IN DIFFERENT RELIGION AND THE IMPLEMENTATION OF WAJIBAH HERITAGE AGAINST NON MOSLEM HEIR IN INDONESIAN I Nyoman Sujana
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1784.8-15

Abstract

This study examines more deeply about the judge's consideration in establishing a Muslim as an heir of the assets of a non-Muslim heir in Indonesia, and why wajibah must be chosen as a solution in providing inheritance to non-Muslim heirs in Indonesia. This research is a normative legal research by using statute approach conceptual approach and case approach. The result showed that firstly the judges' considerations that deviate from the Word of the Prophet (peace be upon him): "It is not right for a Muslim to inherit unbelievers, nor do infidels inherit Muslims" is based on the values of justice and legal certainty regarding the rights of heirs to the inheritance arising from the relationship of the heirs arising from the relationship kinship that is so close and peaceful despite different beliefs/different religions, the ability of Muslim heirs to receive inheritance from non-Muslim heirs will bring more kemashalatan (goodness) for Islam. By leaving the inheritance of non-Muslim heirs to Muslim heirs, it will safeguard these assets to bring good deeds in accordance with the teachings in Islam. Secondly, mandatory wills are chosen as a way out in giving inheritance to non-Muslim heirs, because the heir does not leave a will or grant during his lifetime to non-Muslim heirs, so that for the sake of fairness, usefulness and legal certainty, the judge with his authority has the authority to determine compulsory testaments to non-Muslim heirs. Because the kinship system in Islamic law is more important when compared to religious differences as a barrier to inheritance.
ROLE OF LAND DEED OFFICIALS IN LEGAL SATISFACTION GUARANTEE FOR COMPLETE SYSTEMATIC LAND REGISTRATION Ayu Citra Santyaningtyas; Rico Zubaidi
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1786.49-57

Abstract

Complete Systematic Land Registration (PTSL) as an accelerated land registration program in Indonesia led directly by the President needs to provide assurance and legal protection of ownership of land rights. PTSL in this case is assigned to the Adjudication Committee which functions as the executor of PTSL according to the Regulation of the Minister of Agrarian/Head of the National Land Agency. PPAT as a public official mandated by Government Regulation Number 24 of 1997 concerning Land Registration in fact could not be found its role in the implementation of PTSL both outside and within the Adjudication Committee. This study aims to examine the role of PPAT that exists and should be present in the implementation of PTSL. The research methodology used is normative legal research with literature study in primary and secondary data collection. The results of the study found no role for PPAT in PTSL legislation. If referring to Government Regulation No. 24/1997, all transitions after the birth of this regulation require a PPAT deed as written evidence of ownership or transfer of land rights. The Adjudication Committee as the executor of PTSL should coordinate with PPAT to ensure that PTSL meets the legal data research stage so that an orderly, complete registration of land is achieved and provides legal certainty of ownership of land rights.
Institutional Arrangement of the Regional People’s Representative Council in State Administration System of Republic of Indonesia Lukman Hakim
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1959.97-106

Abstract

Due to repeated changes in the operational arrangements, there is a lack of clarity about the essence of these institutions, which in turn affects their position, duties, functions, and institutional roles. This study aims to find the essence of the Regional People’s Representative Council institutions in accordance with the constitutional system in the Republic of Indonesia. This study was designed in normative juridical research namely identifying, classifying, and analyzing legal materials based on the norms and principles of constitutional law. The results show that there is still no normative agreement about the Regional People’s Representative Council, either institutionally as a regional legislative institution or as an element of regional government. These two methods resulted in different legal consequences. For this reason, it is necessary to redefine the Regional People’s Representative Council. The research shows that institutional arrangements for the council needs to be carried out through stages: constitutional structuring; arrangement/synchronization of laws and regulations (position structure) of the council with regional government laws, electoral regulations, and arrangements in relation to the council with government institutions in the region. The conclusion is that within the framework of an ideal constitutional system, it is necessary to clarify the essence of the Regional People’s Representative Council to ensure legal certainty. Clarity for the institution would greatly influence its authority, duties, and institutional functions. For this reason, institutional arrangements for the council need to proceed in stages to achieve clarity about the relevant questions.
Synergy of Central and Regional Government Policies to Entrepreneurs to Revive the National Economy in the New Normal Era Dyah Ochtorina Susanti; Siti Nur Shoimah
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.2571.70-80

Abstract

This research is motivated by the phenomenan of Covid-19 pandemic has resulted in a decline in business income, but the implementation of the new normal policy revives a hope, so that in this case the policy efforts of the central and regional governments to revive the national economy in this new normal era is very needed. The purpose of this study is to analyse the synergy between central and regional government policies to entrepreneurs to revive the national economy in the new normal era. The study was designed in normative legal research with the statute approach, and conceptual approach. As a result showed that in the synergy of the central and regional government policies with entrepreneurs to revive the national economy in the new normal era, was realized through the providing Covid-19 impact stimulus, pouring out market operations, activating food houses, involving entrepreneurs in various Regional government spending, and providing economic stimulus for businessman.

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