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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 5 Nomor 1 Mei 2016" : 7 Documents clear
Kewenangan Notaris Membuat Akta Yang Berkaitan Dengan Pertanahan Menurut Pasal 15 Ayat (2) Huruf (F) Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris Dela Cahyani
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.174

Abstract

Abstract : That the formulation of clause 15 verse (12) point (0 statute number 30 in 2004 about notarist occupation which states that notarist has an authority to issue the official documents related to the land affairs, practically it can cause the difference in interpratation. At glance, the statement itself can create the assumption that notarist occupies the authority of PPAT in issuing land official document (akta PPAT).Having done the analysis of juridical-normative, furthermore, it is done by the statute approach as well as the law history and sistematical interpretation, with legal materials of primary and secondary so that this study obtains that:The authority of notarist as stated in the clause 15 verse (2) point (f) statute number 30 in 2004 must be interpreted narrowly, it means that notarist does not occupy the authority of PPAT in issuing the land official documents and there is no conflict of authority between the authority of notarist and PPAT that they are different each other either seeing from historical aspect, law background, or the scope of its job. The formulation is formulated by the statute makers in order to anticipate a very quick development in economy and business so that it is expected to be able to accept any kinds of economic and business activities in community that do law action or the agreement related to land affairs;The interpretation of notarist authority that issues the official documents related to land affairs that belongs to the authority of PPAT until now. The authority of notarist in issuing land official documents is the authority that is described as follows: the notarist official document is the official document that contains with law affairs stated in the agreement which is obligatory, that its object related to land affairs, nevertheless, the concerned law affairs is not aimed to shift the right of land ownership or to burden the right of land ownership, for instance the official document of rent-lease agreement or the land official document of borrow-use agreement;According to the findings above, this study concludes that the authority of notarist in issuing official document related to land affairs is not the authority of issuing land official document that belongs to PPAT business, and the authority of notarist is done as long as the official document that they make has no tendency to shift the right of land ownership or to burden the right of land ownership. At last, this study suggests that : (a) in order to make the interpretation to the clause 15 verse (2) point (f) statute number 30 in 2004 is implemented by law history interpretation and systemic interpretation, (b) in order to make the authority of PRAT increases its law basis to be statute, and (c) it is expected to all intergrated relationship to conduct thesocialization and coordination in order that the conflict of authority does not occur between notarist and PPAT when they work. (keywords: The Authority, Official Document, Land)
TANGGUNG JAWAB HUKUM NOTARIS TERHADAP PEMBUATAN AKTA PERJANJIAN NOMINEE SAHAM Chandra Lesmana
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.179

Abstract

The making of the deed of Covenant nominee of shares may cause harm to the parties as a result of the Treaty of nominee shares annulled by law so that it will bring a notary into the legal responsibility and can are sanctions in the civil code, namely in the form of reimbursement of the costs, damages and interest. Criminal sanctions, namely when the existence of fraud or trickery that is sourced from a notary itself, and criminal sanctions may be provided with a review of whether the notary meets the entire contents of the outline of the crime. In addition, by implementing a manufacturing certificate stock nominee agreement then the notary has been doing against the law and may be subject to administrative sanctions, namely in the form of an oral reprimand, written reprimand, suspension, dismissal with respect and stop with disrespect. As well as violating the code of ethics the notary public so it can be charged penalties in the form of a reprimand, warning, suspension of the membership of the Assembly, the Assembly from the membership of the dismissal, and dismissal with no respect from the membership of the Assembly.
PENGATURAN PAJAK PERTAMBAHAN NILAI ATAS JASA NOTARIS / PEJABAT PEMBUAT AKTA TANAH (PPAT) Dwi Azhari
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.180

Abstract

The thesis title is "The Value Added Tax Regulation On Notary/Official Certifier of Title Deeds (PPAT) Services". The research formulates the problems of why Notary/Official Certifier of Title Deeds Notary (PPAT) have to collect Value Added Tax (PPN) on services, the criterias of Notary / Official Certifier of Title Deeds (PPAT) services which can be charged with Value Added Tax, and The Obstacles of its application and alternatives can be taken to these obstacles.  Based on Law Number 42 Year 2009, the Notary / Official Certifier of Title Deeds (PPAT) is one of the Taxable Person for any services rendered to the public. To examine and answer the problems mentioned above, this thesis uses normative legal study that analyzing law enforcement. Performed by examining the legal materials, such as the study of the principles of law, positive law, the rule of law, and rules of legal norms. The approach method used in this research was Legislation Approach, and Historical Approach.  The result shows that the Notary who have to collect value added tax is the Notary who included in the Entrepreneur category. Main obstacles encountered in the application of Value Added Tax is society refuse to pay value added tax, because they considered they are subject to double taxation, therefore to overcome these, Notary / Official Certifier of Title Deeds (PPAT) charged with  those. It can be done because in the Value Added Tax that is known as tax shifting. It is suggested that the Government should make special regulations in imposing value added tax on legal services provided by a Notary, so the Notary is not classified as an entrepreneur and then kept the image of Notary as an Public Officials. Key words: Value Added Tax of Notary’s services, Taxable entrepreneur, Taxable services and public officials.
PENERAPAN PASAL 5 AYAT (3) PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PPAT, KEPALA DESA SEBAGAI PEJABAT PEMBUAT AKTA TANAH SEMENTARA (PPAT SEMENTARA) DI KABUPATEN BANYUASIN Holilah holilah
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.176

Abstract

Article 5 section 3 of Government regulation No 37/1998 about land certificate officer (PPAT) asserts that head of district has the authority to serve the society in establishing PPAT certificate in an area with less PPAT availability.Legal materials of this research will be taken from law regulation and research result which are interview and written data from participants. This research will use Statue Law Approach that examine the legal issues relate to Agrarian law No 5/1960, district law no 6/2014, government regulation no 37/1998 about PPAT position regulation, government regulation no 24/1997 about land registration, Ministry of Agrarian, Department of National Land Affairs no 1/1996 about PPAT formation, and Department of National Land Affairs regulation no 1/2006 about carrying out stipulation of the government regulation no 37/1998 about PPAT position regulation.  Case study approach is needed to answer the problem of head of village as temporary PPAT in relation to land right diversion in Banyuasin district
ANOTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG UJI MATERIL PASAL 66 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS Septinierco Agraperta
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.177

Abstract

Abstract: Thesis entitled "Annotation Constitutional Court Decision No. 49 / PUU-X / 2012 on Judicial Review Article 66 of Law Number 30 Year 2004 concerning Notary”. Assessing the Constitutional Court Decision No. 49 / PUU-X / 2012 which stated that Article 66 paragraph (1) UUJN contrary to the Constitution of 1945. Article 66 paragraph (1) UUJN, set about investigating the authority with the approval of the Supervisory Council of Regions to call and check the relevant the notary deed that has been made. Problems formulated in this research is how the decision of the Constitutional Court Number 49 / PUU-X / 2012 against Article 66 UUJN testing, and how the legal implications of the Constitutional Court Decision No. 49 / PUU-X / 2012 on judicial review of Article 66 UUJN. This research is a normative law or legal research is normative juridical literature conducted by the search legal principles then made the interpretation of the public law rule which continued with the testing results and the interpretation of the theory or principles of public law. This study uses three methods of approach in the study of law, namely; Approach Legislation (Statute Approach), Approach Case (Case Approach), and History Approach (Historical Approach). The results showed that the Article 66 UUJN is not contrary to the principle of equality before the law. This decision also has implications for the investigator that the investigation process does not require further approval of the Supervisory Council of Regions to call Notary and / or take the minute of the deed stored related the deed he made which the implications for the Notary is when a Notary meets the demand Investigator to provide minutes of the deed or to provide information relating to the deed which made the Notary may violate the provisions of UUJN regarding the official oath and secrecy deed.  Additionally Notary may be liable for violating Article 322 of the code of civil law (KUHP). Keywords:    Judicial Review, Notary, Investigation
HAK WARIS ANAK YANG LAHIR DARI PERKAWINAN SIRI Armansyah Armansyah
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.178

Abstract

Every child born of the marriage is entitled to an inheritance from his parents. In this case, the child born of the marriage siri must obtain recognition of her biological father first. To obtain such recognition, invite born from the marriage siri must apply to the judges. Just as in the case of M. Iqbal who is a child born of a marriage between Hj series. Machica Mochtar and H. Moerdiono. From these cases stated in Constitutional Court Decision No. 46 / PUU-VII / 2010 on the Recognition Children Out of Marriage stating that children born of the marriage siri have a relationship nasab with his father if it can be proved with the tools based on technology and science, just cause the child is entitled to a living everyday and costs until she was an adult. The role of the Notary in this case can protect the children born of the marriage siri the deed was borrowed. Keywords: children's inheritance rights, marriage series, the role of the Notary, probate. 
TANGGUNG JAWAB NOTARIS TERHADAP PENJAMIN FIDUSIA SEJAK DIBERLAKUKAN PENDAFTARAN FIDUSIA SECARA ELEKTRONIK Rani Yusita
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 1 Mei 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i1.175

Abstract

The Government has issued a circular from the Directorate General of AHU Kemenkumham year 06.OT.03.01 No. 20013 on the Electronic Registration Fiduciary guarantee, in the hope that the legal services in the field of fiduciary can run fast, accurate, free of extortion and able to encourage economic growth in Indonesia. Fiduciary registration with the electronic system makes it easier Fiduciary registration process, simply by filling the columns that have provided payment Fiduciary registration can be done at banks that have been determined, then the certificate can be directly printed fiduciary. The problem is how we lift the notary to the fiduciary responsibility in the event of errors in data entry while fiduciary certificates already issued electronically, and how the legal consequences of the creditors who registered late fiduciary electronically. This research is a normative law research, a document library research or studies conducted or directed only at the written regulations or other legal entity, whereas the data obtained through library research and field research. Furthermore, the data was analyzed qualitatively. The results showed that in the system of electronic registration of fiduciary Notary responsible for repairs fiduciary certificates, pay all costs incurred due to improved electronic data and registration certificate fiduciary guarantee on banks which have been designated / specified and print new sertikat. If the fiduciary is not registered it is not born fiduciary, the agreement is only an agreement accounts payable outstanding, so the status of the position of the creditor (recipient of fiduciary) only as a creditor konkruen. Thus, fiduciary recipient does not have the status of a creditor precedence (preference) that the creditor has the right decision prior repayment rights of the other creditors. Also according to the provisions of Article 5 of Regulation meteri Finance (PMK RI) No. 130 / PMK / 010/2012 that the finance company does not mendaftrakan fiduciary will be witness to an administrative form of warnings, suspension of business activity and revocation of business licenses. Keywords: Fiduciary Electronics, Responsibility, Notary.

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