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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 9 Documents
 1 
Search results for , issue "Vol 5, No 1 (2022)" : 9 Documents clear
The Responsibility of The Substitute Notary For His Error in Making A Notary Deed Tubagus Fakhri Kurnia
Authentica Vol 5, No 1 (2022)
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.2022.5.1.220

Abstract

Based on Law No. 2 of 2014 amandement of Law No. 30 of 2004 on Notary Position (UUJN) one of the rights that notaries have is the right to leave. Notaries who are temporarily unable to serve or take time off, are required to appoint and appoint replacement notaries. The substitute notary has the same authority and responsibility as the notary but does not rule out making mistakes in making a notary deed. Approach methods are the statutory approach and the conceptual approach. The result of this study is that a substitute notary is fully responsible at any time for any notary deeds it makes (Article 65 UUJN). Writing errors made by substitute notaries so that the sound of copies of deeds and minuta deeds are different, namely can be given civil sanctions in the form of correction of deeds or renvoi and administrative sanctions in the form of verbal reprimands, written reprimands, temporary dismissals, respectful dismissals and dismissals with disrespect.Keywords: Substitute Notary; Acts Against the Law
Notary’s Responsibility As Recipients of Imprest Due To Cancellation of Sales And Purchase Binding Agreement Deed Brenda Kharisman Rahardjo; Sulistyandari Sulistyandari
Authentica Vol 5, No 1 (2022)
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.2022.5.1.272

Abstract

The notary has been disputed several times by the parties since he was proven to have violated his position. In one of the cases occurred based on the verdict Number: 1378K/Pdt/2017, the buyer entrusted advance money to the notary, however, there was a cancellation, where the notary did not fully return the advance money. Purpose of this study is to analyse the responsibility of a notary as a recipient of imprest due to the cancellation of the binding sale and purchase of underhand agreement. The research method is normative, using secondary data from literature studies, including primary, secondary, and tertiary legal sources. Notary are based responsible in person and subject to administrative sanctions for violating the code of ethics by the Notary. One of the characteristics of civil law is as a compliment, and the advance money can be returned to the buyer.Keywords: Responsibility, Notary, Advance money, Sales and Purchase Agreement Deed
Implementation of Independence Principles in Running Notary Profession Ghaida Nabilah
Authentica Vol 5, No 1 (2022)
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.2022.5.1.164

Abstract

Notaries in carrying out their positions as General Officials, apart from being bound by a Position Regulation, Code of Ethics, and also bound by the oath of office pronounced when appointed as a Notary, where the Notary is to carry out his position in a trustworthy, honest, thorough, independent, and impartial manner. as stipulated in Article 4 paragraph (2) Notary Office Act. The formulations in this study are: (1) How is the application of the principle of independence in carrying out the position of a notary public? (2) How is the legal consequence of a principle of independence by a notary public? The research conducted is normative legal research with an invited approach and a conceptual approach. Legal material engineering is carried out through the literature study. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Meanwhile, the source of legal material is literature study (library research). The data technique used in this research is the literature study data method. Based on the results of the research, the form of the Notary is written in carrying out his duties and positions, the work of the Notary is working properly and professionally in accordance with the orders of the Law and the results of the second research. a result of the legal environment, the Notary is not independent in carrying out his obligations, it has an impact on the deed he makes.Keywords: Principle of Independence, Sanctions, Notary 
Role of The Notary in The Transition of Receivables (CESSIE) on Non-Load Loans in PT Bank Tabungan Negara Ricky Yulianto Saputro; Tri Lisiani Prihatinah
Authentica Vol 5, No 1 (2022)
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.2022.5.1.274

Abstract

The settlement of bad debts through the transfer of receivables (CESSIE) is regulated in Article 613 of the Civil Code. However, in practice, there are problems regarding the mechanism for implementing the transfer of receivables (CESSIE) in the case of the Pekanbaru District Court decision Number 129/Pdt.G/2016/PN.PBR is then on appeal with the decision of the Pekanbaru High Court Number 59/Pdt.G/2017/PT.PBR. This study aims to analyze the mechanism for the transfer of receivables (CESSIE), which is considered valid by applicable legal provisions, and to examine and analyze the role of the Notary in the transfer of receivables (CESSIE). This study uses a normative juridical method, with the research specifications used prescriptively. The writing uses secondary data consisting of primary, secondary, and tertiary legal materials. Methods Data collection using literature study with the method presented in the form of descriptive narrative text. Analysis The data were analyzed in a qualitative normative manner. The research results obtained are 4 (four) stages of the mechanism that are considered valid in settling bad loans through the transfer of receivables (cessie) by PT. Bank Tabungan Negara. First, the credit was declared bad by the Bank, in this case, PT. Bank. Tabungan Negara Second, by implementing the restructuring of credit belonging to debtors who are unable to carry out their performance as they should. Third, PT. Bank Tabungan Negara is required to subpoena 3 (three) times to the Debtor due to default by the Debtor. Fourth, through the transfer of receivables (CESSIE), which is bound by Mortgage Rights and contained in authentic deeds, PT. Bank Tabungan Negara can sell the object of collateral owned without the assistance of the Court. The four stages refer to the provisions of Article 1243 of the Civil Code, Law Number 10 of 1998, concerning Banking and its implementing regulations, namely Bank Indonesia Regulation Number 14/15/PBI/2012 concerning asset quality assessment of commercial banks which is now the Financial Services Authority Regulation Number 40 / POJK.03/2019, and the Mortgage Law. If this fourth stage is not carried out, the mechanism for the transfer of receivables (CESSIE), which the Mortgage Rights do not bind, is still valid but is not related to the transfer of the object of collateral. The Notary's role in transferring receivables (CESSIE) in the case of Decision Number 129/Pdt.G/2016/PN. PBR is not following the provisions of the Law on Notary Positions. What is violated is that the Notary does not provide legal counseling as referred to in Article 15 paragraph (2) letter (e) of the Notary Position Act. The Notary is authorized to provide legal counseling regarding the deed. In the case of a transfer of sale and purchase of receivables (CESSIE), the role of the notary shifts as the Pejabat Pembuat Akta Tanah (PPAT) to transfer the mortgage guarantee from the old creditor (Cedent) to the new creditor (Cessionaris), the Deed of Transfer of Mortgage Rights (APHT) is then registered to the Office of the National Land Agency (BPN), thereby switching Mortgage Rights from the old creditor (Cedent) to the new creditor (Cessionaris). Without the transfer of Mortgage registration, the new creditor (cessionary) only becomes a congruent creditor, not a separatist creditor, and does not have preferential rights in paying off debtors' debts.Keywords: Role of Notary, Bad Credit, Cessie 
Cover Note on the Perspective of Notary Authority Rahadi Wasi Bintoro
Authentica Vol 5, No 1 (2022)
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.2022.5.1.297

Abstract

Legal Construction Appropriate Form of Business Agencies in The Development of Village-Owned Business Units By Notary Based on Law Number 6 of 2014 Concerning Village Fandili Indrayana
Authentica Vol 5, No 1 (2022)
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.2022.5.1.190

Abstract

The legal construction of the Village Owned Enterprise Deed in choosing a business form sometimes becomes a problem. This research is aimed at the legal construction of the proper form of business entity in the Deed of Village-Owned Enterprises by a Notary based on Law Number 6 of 2014 concerning Villages. In addition, it is also to analyze the legal relationship of Village-Owned Enterprises as business entities in forming other legal entities as business activities using normative research methods. The results of the study state that, BUMDes is a village-owned enterprise established on the basis of the needs and potential of the village as an effort to improve community welfare with a family spirit, so the legal construction of the right form of business entity in the Deed of Village-Owned Enterprises by Notaries based on Law Law Number 6 of 2014 concerning Villages is a cooperative or PT (Persero). The relationship between Village-Owned Enterprises as a business entity and other legal entities as business units is basically a two-sided legal relationship (tweezijdige rechtsbetrekkingen), namely the legal relationship between two parties accompanied by the rights and obligations of both parties. We recommend that the Regulation of the Minister of Villages, Development of Disadvantaged Areas, and Transmigration Number 4 of 2015 concerning Establishment, Management and Management, and Dismissal of Village-Owned Enterprises does not limit the selection of legal construction of BUMDes business units, apart from that it is necessary to regulate BUMDes in the form of Laws especially regarding provisions state finances as separated capital, and the accountability of the board of directors.Keywords: Legal Construction, Village-Owned Business Unit Deed, Notary 
The Affidavit of Support Legally Enforceable for Foreign Citizens in Indonesia Ziad Abdullah
Authentica Vol 5, No 1 (2022)
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.2022.5.1.178

Abstract

This study aims to assess authorize of a notary in making affidavit deeds regard to inheritance rights for foreign citizens. Focus this study to discuss the application affidavit as evidence in court based on the dispute case of Chung Jung as a foreign citizen who demands his rights as heirs. The purpose of the discussion is to answer the problem that Indonesia has not specifically regulated affidavits which used to evidence in court. This study using the statute approach and case approach to investigate the regulations and the case related to the issues discussed. As a result, the affidavit deed made by the Indonesian Notary does not have the power to resolve dispute, it is used as complementary evidence. Claims using affidavit deed as single evidence have no legal strength power in court.Keywords: Affidavit; Authentic Deed; Notary; Civil Cases; Foreign Citizens
Subject and Object Rahadi Wasi Bintoro
Authentica Vol 5, No 1 (2022)
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.2022.5.1.299

Abstract

Authorities and Responsibilities of Notaries Regarding the Implementation of Cyber Notary in Indonesia Iqbal Pandu Satrio
Authentica Vol 5, No 1 (2022)
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.2022.5.1.198

Abstract

A cyber notary is a breakthrough and innovation that is very important in the legal world, especially Notary; through article 15, paragraph 3 of the Notary Position Act, notaries are given the authority to certify transactions electronically. So far, the certification of electronic transactions has been regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions, which discusses all rules relating to electronic transactions. Cyber Notary itself conflicts with the current regulations, especially regarding proof of deeds made electronically by a notary and the authority obtained by a notary as described in Article 15 paragraph 3 of the Law on Notary Positions. This study aims to analyze the powers and responsibilities of a notary about the implementation of a cyber notary in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The Notary's authority obtained in the cyber Notary is the authority to register online through the AHU Online application, including registration of the deed of establishment of PT, amendments to the articles of association of PT, fiduciary, and will. The deed made by the Notary electronically and in electronic and digital form has the power of proof under the hand.Keywords: Cyber Notary, Electronic Transactions, Power of Evidence.

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