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Authentica : Privat Law Journal
Published by Universitas Jenderal Soedirman
ISSN : 26554763     EISSN : 26554771     DOI : http://dx.doi.org/10.20884/1.atc.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AUTHENTICA aims to provide a forum for lecturers and researchers to publish the original articles about Law Science, especially Privat Law Studies. The focus of AUTHENTICA is publishing the manuscript of a research study or conceptual ideas. We are interested in topics which relate Privat Law issues in Indonesia and around the world, among them: Agrarian Law Adat Law Consumer Law Bussines Law Banking Law Family and Marriage Law Inheritance Law Sharia Law Legal Agreement And other Privat law Studies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 3, No 2 (2020)" : 7 Documents clear
Legal Protection for Creditors Against Validity of Trade Binding Act with Loan Without Dependent Rights (Analysis of Verdict Number: 34/Pdt/2017/PT. YYK and Number : 214/Pdt.G/2014/PN.Jkt Sel) Nina Trisnowati
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.45

Abstract

Credit, which was previously considered taboo, is now a necessity in society. Everyone is looking for convenience for credit without knowing the risks and impacts that will occur in the future. The most important element of credit (debt) is the trust of the creditor towards the borrower as the debtor. Sale and Purchase Agreement (hereinafter referred to as PJB) is an agreement between a seller to sell his property to a buyer made with a notarial deed. Cases that occurred in Yogyakarta High Court Decision Number 34 / Pdt /2017/PT.YYK and District Court Decision Number 214 / Pdt, G / 2014 / PN. Jkt.Sel is a case of debt receivable with collateral for a certificate of land rights and the parties poured their agreement into the Sale and Purchase Binding Act (PPJB) and the Selling Power of Attorney, considering that after the two decisions, there was an outstanding debt problem, while the debtor was still have not been able to repay their debts to creditors, with guarantees of certificates of land rights without mortgage. The purpose of this study was to analyze the judges' consideration of the decision Number 34 / Pdt /2017/PT.YYK with Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell regarding sale and purchase agreement. analyze the legal protection for creditors against the validity of the deed of sale and purchase agreement with a loan without mortgage. analyze repayment by defaulting debtors relating to debts and loans without mortgages. The method used in this study is a normative juridical method, analyzed Normatively Qualitatively, The results of the study show that in Decision Number 34 / Pdt /2017/PT.YYK which states are null and void and do not have the power to bind an authentic deed regarding the "Purchase Bond" Number 01/2015 and authentic deed in the form of "Sales Authority" Number 02/2015 , because based on the Supreme Court Jurisprudence of the Republic of Indonesia number 275K / PDT / 2004. Whereas as a comparison for Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell, which originally had a legal relationship, that is, debt and receivables which stated that the Plaintiff was proven to have committed a default on the Defendant, stated the Purchase Binding Agreement No. 45 dated July 11, 2008 and all of its derivatives are valid and correct deeds; declare the Deed of Credit Recognition No. 46 dated July 11, 2008 and all of its derivatives are valid and correct deeds; certifies Fiduciary Deed (movable property) No. 47 dated July 11, 2008 and all of its derivatives are valid and correct deeds. Keywords: Legal Protection, Debt-Receivables, Binding Agreement of Purchase, Abuse of Circumstances.
The Relevance of The Notarial Deed To The Deed of The Treatise of The Auction Made by The Notary As Class Ii Auction Officials Nezsa Agyu Permata
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.46

Abstract

The minutes of auction are the minutes of the auction made by the Bidding Officer which is an authentic. Deed and has perferct legal force (Explanation of Article 1 number 35 of the Minister of Finance Regulation Number 27/PMK.06/2016 concerning Bidding Immplementation Guidelines). Based on Article 15 paragraph (2) letter g of Law number 2 of 2014 concerning Position of Notary. It is explained that making the minutes of auction treaty is one of the Notary’s authorities. This means it cant be interpreted that the Auction Officer to make minutes of aution treaty. But in the implementation of the drafting of the minutes of auction there are 2 (two) ruless governing, namely the Notary, while the Auction Officer uses the Vendu Reglement reference, Stbl 1908:289, and in fact not all the Notary can make the auction treatise deed in accordance with the contents of the article, so that question artise regarding the auction treatise deed and the authentic deed make by the Notary the main issue raised in this study is how is the implementation of the authority of the Notary Public as a Class II Auction Officer in conducting the auction? And how is the relevance of the minute of the auction treaty with the Notary Public as Class II Auction Officer? Based on the result of research and conclusions that the Notary who made the auction treatise deed is the Notary in his capacity as a Class II Auction Officer who has followed the appointment process as a Class II Auction Officer, so that for the minutes of the auction tretise produced by a Notary Public in this case as a Class II Auction Officer, likened to authentic deeds as authetic deeds make by a Notaries. In the case  of the making of the minutes of the auction treaty, a Notary who serves as a Class II Auction Officer needs to strongly apply the precautionary principle in making the minutes of the aution treaty, because the existing rules do not accommodate the possition of a Notary who serves as a Class II Auction Officer. Keywords: Deed of Minutes of Auction, Notary Public, Class II Auction Officer.
The Role of The Notary Honorary Assembly in Law Enforcement Following The Change of Article 66 of Law No. 30 Of 2004 on Notary Positions Annisa Ayu Rachmayanti
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.57

Abstract

The role and function of the Notary has experienced very rapid progress other than because of the very high community needs but also awareness of legal certainty related to an engagement. Notaries in carrying out their duties and positions are bound by the rules of office and are also bound by a code of ethics as a guide to the behavior of the Notary profession. This supervision is carried out by institutions that have been given the mandate based on applicable laws. The data used are secondary data and primary data as a complement to secondary data. The method used in this research is the normative juridical approach. The research results obtained by the Notary Honorary Council have a role in the supervision, guidance and protection of the notary public. Enforcement of law includes the role of supervision carried out by giving approval or rejection of the summon of the Notary and photocopy of a notary deed due to a request from the investigator or judge. Keywords: Role, Notary Honor Council, Law Enforcement
Criminal Offence of Falsifying Authentic Deed In The Implementation of Notary Department Ici Kurniasih
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.42

Abstract

The notary in conducting his profession is not infrequently called by the police law as a suspect in connection with the forgery of the authentic deed he made, that the notary can be used as a suspect if the notary Deliberately make a false deed as requested by the parties, when the notary knows that the parties do not meet the terms of the validity of the alliance. This indicates that the notary does not cling to the notary Act (UUJN) and the notary Public Code of ethics, which resulted in a notary criminal can perform authentic acts of fraud/deed. The Notary Law (UUJN) does not formulate the application of the sanctioned sanctions but a legal action against violations committed by the notary would contain counterfeit elements of deliberate intent/omission in the creation of Authentic letter/deed whose information is false can be qualified as a criminal offence committed by the notary who describes the evidence of involvement deliberately commit the crime of counterfeit authentic deed. The research is a normative juridical study. Normative research examines and analyzes the legal norms that have been established by the competent authorities for that, so the type of research used in this research is prescriptive, namely the process to find the rules Legal, legal principles, and legal doctrines to address the issues faced. The results of this research show that the legal consequences for the notary criminal who commit the crime of authentic deed are: in terms of criminal law, the notary threatened to be sentenced to the threat of article 264 Criminal Code about the counterfeiting of authentic deed with the threat Maximum sentence of eight years in jail. In terms of civil law, notaries can be sued for damages by the parties who feel harmed. In addition, the relevant notary public may be subject to administrative sanctions from a notary Organization (THIS) in the form of: Oral strikes, written strikes, temporary dismissal, dismissal termination, disrespectful termination.Keywords: criminal acts of counterfeiting, authentic deeds, notary sanctions
Application and Implications of Setting Up A Power of Attorney Form To Impose Dependent Rights (SKMHT) Made In Front of Notaries In Banyumas Regency Lita Wulandari
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.44

Abstract

The Form of Power of Attorney to Impose Dependent Rights (SKMHT) made by notary deed is stipulated in Article 96 paragraph (1) of the Head Regulation of the National Land Agency No. 8 of 2012 and Article 38 of the Law of the Notary Department No. 2 of 2014. This research aims to analyze the arrangements on the form of SKMHT made before notaries and to analyze the application and implications of SKMHT form arrangements made before notaries in the Banyumas Regency. This research uses normative juridical research methods with a statute approach and conceptual approach. The result of the research obtained is that the form of SKMHT with the proper notarial deed is as stipulated in Article 38 UUJN number 2 of 2014.  Violation of the provision causes the notary deed to be degraded as a deed under hand (Article 41 UUJN No. 2 of 2014) and implicates its dependent rights to be invalid so that the creditor does not have a position of priority or precedence to the holder (Droit de preference).Keywords: Notary Deed, Power of Attorney Imposing Mortgage Rights (SKMHT), Mortgage Rights
Object Index Rahadi Wasi Bintoro
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.230

Abstract

The Existence of Indigenous Peoples in The Investment Regime Rahadi Wasi Bintoro
Authentica Vol 3, No 2 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2020.3.2.294

Abstract

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