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Repertorium: Jurnal Ilmiah Hukum Kenotariatan
Published by Universitas Sriwijaya
ISSN : 2086809X     EISSN : 26558610     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Hukum Kenotariatan adalah jurnal berkala ilmiah yang dikelola oleh Program Studi Magister Kenotariatan, Fakultas Hukum Univesitas Sriwijaya. Jurnal ilmiah ini menjadi sarana publikasi bagi para akademisi dan praktisi dalam mempublikasi artikel ilmiah di bidang hukum kenotariatan dan ke-PPAT-an. Ruang lingkup jurnal Repertorium meliputi bidang: Hukum Kontrak, Hukum Perjanjian, Hukum Kepailitan, Hukum Perusahaan, Hukum Hak Kekayaan Intelektual, dan Cyber Notary.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Volume 4 Nomor 1 Mei 2015" : 7 Documents clear
KEWENANGAN NOTARIS DALAM MEMBUAT AKTA OTENTIK AKAD PEMBIAYAAN MUDHARABAH BERDASARKAN HUKUM ISLAM Ahmad Febry
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.169

Abstract

Abstract : Indonesian economic Islam system has been well known by published The Statute Number 21 on 2008 about Syariat Banks. During on its doing of banking enrole -- the contract between credditure and debiture like mudharabah lease act – must need the notary justify as authentical act for legal security the whole parties. This research patternized about the notary’s enrole on making its authentical act of mudharabah lease based on Islamic law contract, the comparison acts between KUH Perdata and Islamic law contract, and the notary opportunity by making its mudharabah lease contract at Islamic banking practice. This research is normative based on legal security theory, law connectivity theory, and maslahat theory. This research use legal prime, secunder, tersier, and conceptual approach, historical approach, statute approach, and comparative approach methods. The final conclusion on this research is that the notary justify as authentical act of mudharabah lease based on Islamic law written in Al-Quran Al-Baqarah 282. The comparison act between KUH Perdata and Islamic law is the similarity of its established contract, the legal of conditional act, the freedom of contract, and the consensus principle. Then the notary opportunity by making its mudharabah lease contract at Islamic practical banks has many opportunities that can be measured by industrical activity growth and Islamic economical principle. Keywords : Notary, Authentical Minute, Mudharabah Lease Contract. 
ANALISIS HUKUM TENTANG WEWENANG NOTARIS DALAM PEMBUATAN AKTA IKRAR WAKAF Ari Latif Pratama
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.171

Abstract

Abstract : Government Regulation No. 42 year 2006 was on the implementation of Law No.41 year 2004 on waqf / endownment. According to the regulation, waqif could make the pledge deed of waqf (AIW) both before the notary and the Office of Religious Affair. The problem was whether all the notaries had authorization to make the the pledge deed of waqf (AIW) based on the regulation for pledge deed officer of waqf (PPAIW). This study was a normative study which analyzed a legal enforceability and was conducted by examining law materials, such as research on the principles of law, rule of law, and legal norm. This study used two approaches: statue approach and historical approach. The result showed that the authority of notary in making the pledge deed of waqf (AIW) was authorized in Goverment Regulation No. 42 year 2006 article 37. This authority did not contradict to the authority of notary as regulated in Government Regulation No. 2  year 2014 article 15 concerning to the amandment of law no. 30 year 2004 on notary. However, not all notaries could be appointed as deed officer of waqf (PPAIW). There were three basic requirements for becoming PPAIW:    1) a moslem, 2) trustworthy, and 3) having certificateof competency in waqf issued by the Ministry of Religious Affair.  It was associated with the waqf/endowment itself as a religious charity. Furthermore, if there is a dispute about it, the Ministry of Religious Affair who always handle the case of moslems will solve it. The role of notary as PPAIW is as a party who gives legal certainty, collects authentic information about waqf, and provides services to the community. It was suggested this information should be socialized and a notary should be appointed as PPAIW. Howeever, cooperation among the Ministry of Religious Affair, Indonesian Waqf Board, National Land Agency, Islamic Financial Institution, Professional Association of Notary, and the Land Deed Officer is needed.
PELAKSANAAN HAK WARIS ADAT ANAK PEREMPUAN PADA MASYARAKAT MARGA (LAMA) RAMBANG KAPAK TENGAH KOTA PRABUMULIH DI DALAM HUKUM KEWARISAN ISLAM Astuti Maryulaini
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.167

Abstract

Abstract : This thesis entitled “THE IMPLEMENTATION OF THE INDIGENOUS  INHERITANCE RIGHTS OF DAUHGTERS IN THE (OLD) ETHNIC OF THE  RAMBANG KAPAK TENGAH IN PRABUMULIH  BASED ON THE ISLAMIC INHERITNANCE LAW”  was aimed at examining the inheritance rights of daughters seen from Islamic inheritance law and explaining  the legal requirements of the Islamic inheritance law functioning as its legal cover; cause of parental injustice by gift all of the treasures to the sons and none to the daughters; see the role of notaries in issuing the certificate of bequests.  The theory used is the theory of justice, legal protection theory, theory  of Receptio in Complexu, Theory of Receptie a Contrario. This is an empirical study that uses a statutory approach, historical approach, philosophical approach. The data in this research consists of primary legal materials, legal materials and secondary and tertiary legal materials sourced from the legislations. The data were collected by  identifying and inventorying existing legal materials relevant to the legal issues.  The data were structured, described, and systematized  based on the analysis of legal materials by means of analysis and interpretation of the law. Deductive and inductive logic is used to draw conclusions.  It  can be concluded that the customary law of inheritance daughters of the (old) ethnic of the Central  Rambang Kapak in Prabumulih is not in accordance with the system of Islamic inheritance law, especially regarding the division of property inheritance for  sons and daughters which are not based on the division of 2:1 (two equals to one) as stipulated in the QS. An-Nisaa verse 11 and chapter 176 compilation of Islamic law. The Compilation of Islamic law in the case of inheritance can be a source of  law for the (old)  ethnic of Rambang Kapak Tengah in Prabumulih in order to protect the inheritance rights of daughters. Notaries’ role on the issuing  of  bequest certificates in the (old) ethnic of Rambang Kapak Tengah in Prabumulih  is in conformity with the provisions of  the notaries’ law  number 30 of 2004, but the implementation of the Article 15 (2)e that contains a notary obligation to provide legal counseling to their clients has given  less effective impact for (old) ethnic of  the Rambang Kapak Tengah in Prabumulih.Keywords, Daughters,Islamic Inheritance Law
KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA WASIAT UNTUK ANAK PIARA DALAM HUKUM ISLAM DAN PENGANGKATAN ANAK DALAM KITAB UNDANG-UNDANG HUKUM PERDATA Ade Kusuma
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.168

Abstract

Abstract : Notaries as the public officials have the authority by law to make an authentic deed which is one of them is testamentary deed. The implementation conception will be a legacy to adopted children in accordance with Islamic law and the Civil Codex Book which have differences. Problems, How the authority of a Notary as a public official in the testamentary deed to the foster children in Islamic Law and the adoption of Children in Civil Codex Book and Islamic Law, and How to put the position of adopted children as the receivers of testamentary which is reviewed from the terms of the Civil Codex Book, Islamic Law in protecting parts of the absolute rights of the other heirs. This legal research is a normative law research which analyzes a legal enforceability. It is implemented by examining the legal materials, such as the studies of the law principles, positive law, rules of law, and rules of legal norms. This study used two approaches in the study of law, namely: Statue Approach, Historical Approach, Conceptual Approach, and Comparative Law Approach. The results showed that the implementation conception of testamentary which is the legacy under Islamic law can be made in writing and verbally. Meanwhile according to the Civil Codex Book the form is only in writing. The equality between Civil Law and Islamic Law recognizes the children adoption however with a different purpose. Adoption which is done by someone else should be done officially in order to expect the Notary to disseminate to the public in making a testamentary through Notary’s deed and Ministry of Justice and Human Rights can improve their services in order to facilitate the Notaries in requesting the data of the testamentary list to help the Notaries in creating testamentary deed. Keywords:  Notaries, Authentic Deed, Testamentary Deed, Adopted Children
Perbuatan Hukum Direksi Mewakili Perseroan Terbatas Dalam Pengikatan Kredit di Bank Dengan Penjaminan Aset Perusahaan Muawanah Muawanah
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.173

Abstract

Abstrak : The Limited Company is called by “Ltd” or in bahasa “PT” as following of right and obligation. The law correlation between PT and Bank result the law correlation is “association”, Moreover the association rule by the book III the Indonesian Civil Code. In the matter to get the credit in Bank, Ltd or “PT” as Debitor in law management is associate credit in Bank, where as a Creditor need approving of commissioner council and The General Meeting of Shareholders to guarantee most of the company asset, as rules in passage 20 the Statute Number 40 in 2007 about Limited Company. The problem in this thesis is How the Commissioner authority stand for Limited Company to associate credit without approving Commissioner council and how is giving approving to director to guarantee Ltd asset which the result more than 50 %. The research used in this thesis is normative research, with analyze a management of law with observing the law subject, such as the research of laws basic, positive law and the law regulation. The result of this thesis is Director has authority stand for Limited Company in associate credit in Bank should the approved by Commissioner council, because the director authority limited by Statute Number 40 in 2007 about Limited Company and Basic of Budget Limited Company. Giving of approving to Director in credit association in the Bank created by 2 (two) ways are decision on The General Meeting of Shareholders and trough by Circulair (Outside Meeting decision), That’s ruled by Passage 9 the Statute number 40 in 2007 about Limited Company.  Keywords: Limited Company, Law Management, Law Correlation, Director, Commissioner Council and The General Meeting of Shareholders
KEWENANGAN NOTARIS SEBAGAI PEJABAT LELANG KELAS II BERDASARKAN PERATURAN MENTERI KEUANGAN NOMOR 93/PMK.06/2010 TENTANG PETUNJUK PELAKSANAAN LELANG Amir Hakim Hasyim
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.170

Abstract

Abstract : A Notary is a Public Official which is authorized to make authentic deeds by the Notary Occupation Act.A Notary can double as a Land Deed Officer (PPAT) which is authorized to make authentic deeds regarding certain legal actions on the land right. The PPAT’s authority is to make the Transfer of Right deed, the Imposition of Right deed such as the Power of Attorney’s Mortgage Right Imposing (SKMHT), and the imposition of Mortgage Right Deed (APHT) in a Credit Agreement between a Debtor and creditors (in this case Banks or Non-Bank Financing Institutions). A Notary can also double as a Second Class Auction Officer (hereinafter referred to as a Notary PL-2) all at once making a minutes of auction deed as it is stipulated in UUJN Article 15 Paragraph (2) Point g. First class auction officer is a special position which is given by the Ministry of Finance cq. Directorate General of State Finance cq. Service Office of State Property and Auction. An Auction or a Public Sales is an open to public sales of goods at a increased or a decreased written and/or oral price quote in order to achieve the highest price and was preceded by the auction’s announcement. The First Class and Second class Auction Officer’s authority is regulated in the Finance Minister’s Regulation (PMK) Number 93/PMK.06/2010 regarding the Implementation Guideline for auction, where there are three classifications on auction, which are the execution auction, the mandatory non-execution auction and the voluntary non-execution auction. Within the mandatory execution auction there is the Execution auction Article 6 of the Mortgage Right Law (UUHT) classification. However, the UUHT auction authority should only be held by a First Class Auction officer from the Ministry of Finance. Notary PL-2 is not given the authority over the UUHT execution auction, eventhough the notary as the PPAT also gave the birth of the Mortgage right on the mortgage right burdened land right certificate and issued the mortgage right certificate (SHT). Certificate are the two formal requirements that ougth to be met by creditors in the implementation petition of the Article 6 UUHT execution auction. Keywords: second class auction Officer, Auction, Notary
KEKUATAN PEMBUKTIAN SURAT PENGAKUAN HAK ATAS TANAH YANG DIKETAHUI OLEH LURAH DAN CAMAT Hana Wastuti Poetri
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 4 Nomor 1 Mei 2015
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v4i1.172

Abstract

Abstract : Thesis entitled “Strength of Evidence Letter Recognition of Rights (SPH) known by the Village Heads” examine Letter Recognition of Rights (SPH) known by the Village Heads is a form of the physical control of land. Therefore, as a form of administration that has something to do with a verification tool which evidence is to prove the possesion of a land.                The proof here is the physical possesion of a land recognized equivalent, by decree of The Minister of Agrarian incurred as a village chief adjudication team. The strength of Letter Recognition of Rights is seen from various evidence has been qualified as evidence in accordance with those contained in the Civil Code of the Act (vide Article 1874 of the Civil Code), where the existence of a written statement, the witness, the recognition of the parties and the elements contained in the evidence as well as the strength of evidence under the hand.                The existence of A Letter Recognition of Rights as a deed under the hand is as the basis for the issuance of certificates recognized in Government Regulation Number 24 of year 1997 on Land Registration, although the deed under the hand does not have legal force but it can be used as the base in the issuance of certificates and can have the power of legal evidence in court of law. Keywords :       Strength of Evidence, Letter Recognition of Land Rights, Village Heads

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