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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
 1 
Search results for , issue "Vol 6, No 2 (2023)" : 7 Documents clear
NOTARY'S RESPONSIBILITY FOR THE DEED HE MADE IN DECISION NUMBER 126/PDT/2018/PT YYK BAGAS JUNIO PRIDASMARA
Authentica Vol 6, No 2 (2023)
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.2023.6.2.413

Abstract

In executing his duties as a Public Official, a Notary must comply with the Notarial Office Regulations, the Code of Ethics, and also with the oath taken when appointed as a Notary, where the Notary is obliged to carry out his duties with trustworthiness, honesty, diligence, independence, and impartiality as stipulated in Article 4 paragraph (2) of the Notary Law. However, in Decision Number 126/PDT/2018/PT YYK, the Notary did not comply with these rules. The formulation of the problem in this study is: (1) What is the responsibility of the Notary for the deeds he made based on Decision Number 126/PDT/2018/PT YYK? (2) What are the legal consequences of the deeds made by the Notary based on Decision Number 126/PDT/2018/PT YYK? The research conducted uses normative juridical research with a legislative approach. The legal material collection technique is through literature study. The legal materials used are primary, secondary, and tertiary legal materials. Based on the research results, the Notary who made the deed in case Number 126/PDT/2018/PT YYK did not adequately apply the principle of caution, causing one of the parties to suffer losses, and the results of the second research on the legal consequences of the Notary's deed should be revoked, but the judge has a different opinion.Keywords: Notary’s Responsibilities; Authentic Deed.
JURIDICAL REASONS FOR THE ACCEPTANCE OF THE ACTIO PAULIANA APPLICATION FOR ASSETS ENCUMBERED WITH MORTGAGE RIGHTS IN DECISION NUMBER 461 K/PDT.SUS-BANKRUPT/2019. TRI MINATI
Authentica Vol 6, No 2 (2023)
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.2023.6.2.362

Abstract

Mortgage rights are born when registered at the National Land Agency office. The panel of judges granted Actio Pauliana’s request by canceling the credit agreement, which also resulted in the imposition of mortgage rights that had been registered. The purpose of the research is to analyze the juridical reasons for granting Actio Pauliana's request in decision number 461K/Pdt.sus-bankruptcy/2019 and to analyze the implications for creditors, namely the Bank. Normative juridical research methods with statutory approaches, conceptual approaches, and case approaches. From the results of the study, it can be concluded that the judge's reason for deciding case Number 461K/Pdt.sus-Bankrupt/2019 based on a marriage agreement that was made was not registered at the Civil Registry Office resulting in the bankruptcy of the property association which has legal implications for creditors to return it to its original state before the credit agreement occurred. PPAT has an important role, namely in the process of checking the data of the parties present along with the documents that are a requirement for making APHT before the registration of collateral rights is carried out.Keywords: Mortgage Rights; Bankruptcy; ActioPauliana.
LEGAL BASIS FOR REPORTING EMBEZZLEMENT OF MOTORIZED VEHICLES (OBJECTS OF FIDUCIARY GUARANTEES) TRANSFERRED TO THIRD PARTIES BY FIDUCIARIES WITH PAWNING ARI TRI WIBOWO
Authentica Vol 6, No 2 (2023)
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.2023.6.2.433

Abstract

This research aims to analyze the validity of the pledge agreement for fiduciary collateral objects and also how the fiduciary object is reported to be embezzled by the fiduciary object regarding fiduciary objects transferred by him to a third party. The research method used was normative legal research, with the main data source using secondary data, analyzed normatively qualitatively. This research was conducted because of many cases occurring related to the transfers of fiduciary objects without the consent of fiduciary recipient by fiduciary grantor, leading to such disputes as the embezzlement of fiduciary objects and most people not knowing how to resolve the dispute through legal channels. This research found that the validity of a pawn agreement on fiduciary collateral objects is determined by the preparation of a notarial and registered fiduciary security deed as well as a transfer having received written permission from the fiduciary grantor, then the reporting of fiduciary object embezzlement can be done by the fiduciary grantor based on Article 372 of the Criminal Code (KUHP) rather than on Article 36 of the Fiduciary Law.Keywords: Fiduciary; Embezlement; Motor Vehicles; Guarantee.
THE POSITION OF THE ARBITRATION COMPROMISE DEED IN TERMS OF THE OBLIGATION OF THE SIGNATURES OF THE PARTIES IN THE MAKING OF THE DEED BY A NOTARY SYIFA DITA NOVEILLA
Authentica Vol 6, No 2 (2023)
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.2023.6.2.388

Abstract

Article 9 paragraph (2) of Law Number 30 of 1999 concerning on Arbitration and Alternative Dispute Resolution stating a compromise deed must be made by a notary once the parties cannot sign the deed. Meanwhile, when undertaking his position, Notaries are provided with Law Number 2 of 2014 jo. Law Number 30 of 2004 concerning the Position of a Notary regarding the notary's obligation to declare the deed in front of the audience along with witnesses and to be signed by parties including the person, the witness, and the Notary. This research used a normative juridical method with a statutory approach originating from secondary data. The result shows that a compromise deed that cannot be signed by the parties included in the form of a relaas deed, furthermore, despite being not signed by the parties, this deed remains evidentiary powerful of a deed signed by the parties.Keywords: Deed of Compromise; Arbitration; Signature Obligation; Notary.
DEED OF SALE AND PURCHASE IN PRUDENTIAL PRINCIPLE APPLICATION BASED ON AN ABSOLUTE POWER OF ATTORNEY (STUDY DECISION NUMBER: 2255 K/PDT/2014) GINA FELISSIMO HALEVI; TRI LISIANI PRIHATINAH; RIRIS ARDHANARISWARI
Authentica Vol 6, No 2 (2023)
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.2023.6.2.393

Abstract

The displacement of land rights through sale and purchase is required to be carried out before the PPAT either directly by the parties or by the attorney given power, the party which has been given the power of attorney by the land owner (seller) or by the buyer with a power of attorney to sell, made before a Notary, however, power of attorney for selling can be the basis for buying and selling land as stated in the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of Absolute Power of Attorney as a Transfer of Land Rights issued on March 6 1982, to that, a Notary /PPAT must take an attentive action in the land sales process, despite the fact that the Notary/PPAT does not fully implement the principle of prudence, in addition, the legal validity of the Deed made is questionable. The formulation in this research is: (1) What is the validity of the use of an absolute power of attorney made by a notary in making a land sale and purchase deed? (2) How is the Precautionary Principle applied to the Preparation of Sale-Purchase Deeds by PPAT? This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. The research specification used is an analytical perspective, such as describing and analyzing facts through a statutory approach. The source of legal materials use library research data techniques based on research results. Notaries/PPATs in carrying out their duties and authority must always use the principle of prudence and either PPAT in making authentic deeds should be based on absolute power of attorney and the validity of the power of attorney, in which PPAT should have rejected from the start because absolute power of attorney is prohibited in the land buying and selling process.Keywords: Precautionary principle; Notary/PPAT; Absolute power of attorney.
LEGAL RESPONSIBILITY FOR UNLAWFUL ACTS IN THE SALE AND PURCHASE OF LAND BY PPAT (CASE STUDY OF DECISION NUMBER 40/PDT.G/2015/PN KLN AND DECISION NUMBER 555/PDT/2015/PT SMG) ELMYLIANTIKA MARANANTA
Authentica Vol 6, No 2 (2023)
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.2023.6.2.416

Abstract

In making authentic deeds, PPAT often improperly carry out its obligations in accordance to an applicable regulation or the ethic code binds it. The non-compliance when carrying out the obligations causes the PPAT position losses to one of the parties involved, which can be considered an unlawful act. As a result, the deed becomes void, invalid and legally defective. This research discusses the issue of Legal Responsibility for Unlawful Actions in the Case of Buying and Selling Land by PPAT (Case Study of Decision Number 40/PDT.G/2015/PN KLN and decision Number 555/Pdt/2015/PT SMG). The research method in this research is normative juridical research using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results of this research are that if the agreement is proven to be null and void, the deed of sale and purchase agreement made by PPAT to prove a transaction is legally flawed and has no legal force, as a result, the title certificate having no legal force. Regarding the responsibility of the PPAT which makes the Deed of Sale and Purchase resulting in losses for one of the parties therein, they can be held civilly liable with compensation for the unlawful acts they have committed, administrative liability, namely resigning as a public official or being dishonorably dismissed by the competent Ministry due to a fatal act and tarnished the good name of the notary association and the PPAT association, as well as criminal liability for violating Article 263 of the Criminal Code concerning forgery which can be subject to imprisonment.Keywords: Responsibility; PPAT; Unlawful Acts; Buying and Selling Land.
LEGAL PROTECTION OF NOTARIES AGAINST THE USE OF THE RIGHT TO RENOUNCE IN CRIMINAL CASES SETIYA MEGAWATI DEWI
Authentica Vol 6, No 2 (2023)
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.2023.6.2.379

Abstract

The Notary as a public official should keep the contents and information in the deed confidential in accordance with the Notary's oath of office in Article 4 paragraphs (1) and (2) and Article 16 paragraph (1) letter f of the UUJN which is realized in the notary's right of denial. However, in criminal cases, the use of the right of denial still cannot be implemented perfectly due to the lack of understanding between the public and the police regarding the right of denial as a notarial obligation and the regulations governing it, resulting in several problems such as errors in the procedure for taking photocopies of deed minutes and summoning notaries as witnesses, expert witnesses and defendants which not only harm notaries but are also considered not respecting the right of denial inherent in notaries. So, on this basis, the legal protection of the notary's right of denial needs to be carried out proportionally. The formulation of the problems in this research are:  (1) How is the Notary's Right of Recusal in Criminal Cases? And (2) How is the Legal Protection of Notary's Right of Recusal in Criminal Cases? The research conducted is normative legal research with a statutory approach, case approach, and conceptual approach. The technique of collecting legal materials is done through literature studies. The data source used is secondary data, which includes primary legal materials and secondary legal materials. Based on the results of the study, notaries can file a right of denial in the court process to carry out the obligation to keep the contents and information of the deed confidential in making the deed. Protection of the notary's right of denial so that Article 66 paragraphs (1) and (3) of the UUJN is fulfilled requires a coaching function by MKN contained in Article 24 paragraph (2) Permenkumham Number 17 of 2021 and the correct procedure for summoning notaries according to Article 28 Permenkumham Number 17 of 2021.Keywords: Legal Protection; Denial Right of Notary; Notary; Criminal.

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