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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 2 November 2016" : 7 Documents clear
BERAKHIRNYA HAK GUNA BANGUNAN YANG MASIH MENJADI JAMINAN KREDIT DDENGAN HAK TANGGUNGAN Lismawati Lismawati
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.192

Abstract

In the credit required a guarantee for the debt repayment and the Bank is one of the distributor of funds in the form of credit. Guarantee of debt repayment is usually in the form of certificate of land right. One is the land right is certificate of buildings right that have validity period. Expiration of buildings rights that were pledged as collateral for loans with mortgage would have the legal consequence of the existence of a security interest. In Article 18, paragraph 1, letter d Act Mortgage one of which led to the mortgage abolition is the abolishment of land rights. In this research the authors uses the normative research approach based on legislation and conceptual approaches. Data collection techniques with library materials and interviews and also the techniques conclusion with the deductive method. Results of research on the problems that the expiry of building rights as the object of credit guarantees stipulated in Law Number 4 of 1996 on the rights of dependents, the Indonesian Government Regulation Number 40 of 1996 on the right to cultivate (Mortgage), building rights and rights of use, the Regulation of the Minister of Agrarian / Head of the National Land Agency of the Republic of Indonesia Number 5 of 1998 on changes to building rights or the right to use the land burdened residential security rights into property rights and the legal arrangements for the termination of the buildings right is still the object of credit guarantees in the form of Mortgage while the Credit Agreement is not over yet set in the legislation, background Bank provides loans with building rights as the object of loan collateral that are from yuridical and business considerations, the law efforts that can be done of creditors as the holder of a security interest if the right to build an end that is making the promises in the Deed Granting Mortgage, requesting additional collateral, extension of rights, the right change and renewal of building rights.  Keywords : Guarantee, Building Rights, Mortgage
STATUS HUKUM PEMEGANG HAK MILIK ATAS SATUAN RUMAH SUSUN DENGAN SERTIFIKASI HAK GUNA BANGUNAN YANG TERBIT DIATAS HAK PENGELOLAAN SETELAH BERAKHIRNYA HAK GUNA BANGUNAN Desi Kurnia Lestari
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.188

Abstract

Government Regulation Number 24 of 1997 on Land Registration Article 1 (1) describes what is meant by the land registry is a series of activities undertaken by the government on an ongoing basis, continuous and regular covering the collection, management, accounting, and presentation as well as the maintenance of physical data and juridical data in the form of maps and lists, the plots and units of flats, including the provision of letters and proof of its right to the land areas of existing rights and property rights on apartment units that encumber. Based on the description in background the above, then that becomes a problem in this thesis is how the agreement between the Right of Ownership on Unit Flats with certificate of Right to buildings are rising on the Right Stewardship and How Legal Status Holder Properties is and role of Officer Deed Land (PPAT) in the manufacturing process deed Development and Stewardship agreements. Type of thesis research is a normative legal research.Results of the research agreement between the Upper Unit Properties Flats with certificate of Right to buildings that rise over ownership rights Stewardship is a shared ownership flats and can not be owned individually, used and enjoyed together. Legal Status Holder Properties Top Unit Flats with certificate of Right to buildings that rise over management rights after the end of Right to buildings is after flats are built, then the Operator Construction make descriptions and Deed of Separation on each apartment unit and then by a second letter, Certificate issuance organizers pleaded Development Property Rights on Unit Flats on each apartment units in the building to the local Land Office. Role of Land Deed Officer (PPAT) must consider the rights to be obtained landlord so that no one harmed both consumers / occupant or PT. Pinang Jaya as a provider of Non-Residential Housing Unit. Keywords: certificates, property, apartment units.
TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA YANG DIBUATNYA SETELAH BERAKHIR MASA JABATANNYA DI TINJAU DARI PASAL 65 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS Rico Andriansyah
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.193

Abstract

Notary is defined asanauthorized public official to make authentic deed and other authorities referred to Acts or any other laws of Indonesia.The purpose of this study is to find out what sort of Notary responsibilities, SubstituteNotary, and Acting Notary on deeds made after the end of his term, and to find out the time limit of liability of Notary, Substituted Notary, and Acting Notary on each deed made or supervised by notaryreffered to Article No. 65 of Indonesian Notary Act (UUJN).This study used juridical normative method that studying laws in Indonesian Act.This study focused on documents or literature reviews related to theories, relevant opinion to the issues of the study.The results showed that Notary as an authorized public official (openbaarambtenaar) to make authentic deeds and to be responsible for his actions related to his profession.The scope of a Notary liabilityincludes: both civil liability and crime, based on UUJN and the ethics code of Notary. To determine the validity of liability from Notary, Substituted Notary, and Acting Notary for the deed made or supervised by, it must be reffered to the concept of the Notary as a Profession (ambt).The provisions concerning with the validity of liability shall be sued in the court for the parties aggrieved by the violation in authentic deed based on the provisions expiry.  Keywords: Responsibility, Notary, authentic deed, Ends of term.
KEKUATAN HUKUM AKTA OTENTIK NOTARIS TANPA DIHADIRI PRNGHADAP (STUDI KASUS PUTUSAN MPWN NOMOR: 03/PTS/MJ.PWN PROVINSI SUMATERA SELATAN/VIII/2014 Kartika Kartika
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.189

Abstract

Notary is an official who owns the authority to produce authentic deed.  Authentic deed is a perfect evidence because it is created in such perfect form based on legal constituation and is made by authorized official who owns goverment trust.  An authentic deed has to obtain several elements as requered by the law.  One main requirement is the presence of “Penghadap”.  “Penghadap” is legit requirement of an agreement and is stated inside the body of an authentic deed.  Therefore presence of a “Penghadap” becomes very vital in determingning authenticity of a deed.  Studi in a case Kekuatan Hukum Akta Otentik Notaris Tanpa dihadiri  Penghadap (Studi Kasus Putusan MPWN Nomor: 03/PTS/MJ.PWN PROVINSI SUMATERA SELATAN/VIII/2014)” showed firstly, that notary TI created copy establishment of LBH Kesehatan stated all the elements were not available and did not signed the deed.Secondly, MPW gave written senction toward notary TI on doing ethical violation,thirdly the deed of establishment is cancelled for law because the “Penghadap” were not presence in the process of deed establishmentKeywords : Notary, Deep, Pengha
PERANAN NOTARIS SELAKU PEJABAT PEMBUAT AKTA TANAH DALAM PROSES VERIFIKASI BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN DI KABUPATEN BANYUASIN Yudi Hardiawan
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.194

Abstract

The results of this study indicate that the Sale and Purchase Agreements made before a Notary as Officer of Land deed is authentic deeds, but to be considered authentic deed, deed of sale before it is signed must be preceded by verification BPHTB for verification BPHTB is a requirement that has been determined by the Act that the Sale and Purchase Agreements will be signed after BPHTB paid and verified. The role of the Notary as Officer of Land deed in the manufacture of a deed of sale must ask the parties truth of BPHTB  tax payments BPHTB, if the parties can not submit proof of payment BPHTB the Notary as Officer of the Land Deed authorizes to order and help the parties to pay for and verify BPTHB in DPPKAD to be able to implement sales and purchase agreement something. Supposedly verification conducted by Revenue Service of the regional asset and finace management (DPPKAD) is about truth and completeness of SSPD BPHTB and supporting documents but not the price of the transaction. Then the result of the verification hindrance in BPHTB SSPD becomes obstacles in the issuence of the deed Purchase sale.
EFEKTIVITAS HARGA ZONA NILAI TANAH PADA KANTOR PERTANAHAN TERHADAP NILAI TRANSAKSI DALAM AKTA JUAL BELI TANAH YANG DIBUAT OLEH PEJABAT PEMBUAT AKTA TANAH DI KOTA PALEMBANG Heriyanto Heriyanto
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.190

Abstract

Zones Price of Land is a polygons which illustrate the relative value of the same land from a set of plot in it, which is the limits could be imaginary or real according to the real use of the land and have a difference price between one another based on officers analysis  with the market price comparison method and the fee determined by the officers of the land office. KeyWords: Zone Price of Land, Land Office, Agrarian Law
PEMBAGIAN HARTA WARIS MENURUT HUKUM ADAT DAN HUKUM ISLAM DI KECAMATAN CEMPAKA KABUPATEN OKU TIMUR Julian Harris Djauhary
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Volume 5 Nomor 2 November 2016
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v5i2.191

Abstract

In terms of kinship, people in Cempaka East OKU District generally base  family lineage from men side (father), or Patrilineal. The main problems in this thesis are: how is the distribution of inheritance under customary law and islamic law in Cempaka Sub-district, East OKU district? Anf how is the application of Islamic Law on the distribution of customary inheritance in  Cempaka Sub-district, East OKU District? This thesis is a sociological /empirical law research. Inthis study  it is examined how the system of the distribution of inheritance is applied or implemented in Cempaka sub-district, East OKU district, and what the role of Islamic Law on the distribution is. The data collection method is through documentation study, direct data collection by giving structured questionnaires and conducting interviews with respondents.Based on data processing, this study can be concluded as follows:1)                  The distribution of inheritance in Cempaka sub-district East OKU district has been done by following procedures of Komering family, which is applicable customary law in Cempaka sub-district, in which successor system is mostly used, where all properties of the parents (heir) will become the inheritance. The inheritance has been forwarded or distributed to the heir’s children. Some other Komering people in Cempaka sub-district divide the inheritance if the owner has already passed away. Customary inheritance law in Cempaka sub-district East OKU district still exists and is still in use even if the procedure is unsure, however it is still in compliance to customs rules although it almost changes. The position of traditional leaders or customary leaders in the distribution of inheritance has almost no function, because people believe that inheritance distribution issue is not their expertise. Most people in Cempaka sub-district East OKU district have already known that inheritance is also a part of religiousissues, namely Islam, so inheritance distribution issue is a religious issue. This means it falls under Islamic Law. Based on that statement, majority of Cempaka sub-district people already implemented the distribution of inheritance based on Islamic Law, though it is not yet entirely according to Al Qur’an and Al Hadits.2)                  The implementation of Islamic Law in the distribution of inheritance according to Islamic Law in Cempaka sub-district has gradually taken place,, and slowly but surely Al Qur’an and Al Hadits guidance in the distribution of inheritance will be done well and will always be a reference.

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