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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 89 Documents
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Financial Transaction Prevention Mechanism Suspicious By Notary Nikita Mikail Akbar
Authentica Vol 2, No 1 (2019)
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.2019.2.1.62

Abstract

This research is to analyze the mechanism of the notary in avoiding Suspicious Financial Transaction to the deed he made. Researchers use the statutory approach and conceptual approach in normative research. Based on the research that has been done, the notary mechanism in avoiding suspicious financial transactions by applying the principle of recognizing service users with procedures through the identification of Service Users, verification of Service Users; and monitoring of User Transactions. The principle of recognizing service users for notaries required by the PPATK and the Minister of Law and Human Rights basically synergizes and is not too different from the introduction of service users conducted by a notary public before the application of the obligation to recognize service users is regulated in Minister of Law and Human Rights Regulation Number 9 of 2017. Keywords: Notary; Suspicious Financial Transactions; Recognizing Service Users
Analysis of The Consideration of The Judges over A Suit Violating The Law in Palembang State Of Court (The Study Of Decision No. 166/Pdt.G/2016/PN.Plg) Efka Firsta
Authentica Vol 1, No 2 (2018)
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.2018.1.2.11

Abstract

The doctrine of violating the law (onrechtmatige daad) is regulated in Article 1365 of the Civil Code from narrow teachings which interpret that the nature of illegal acts (onrechtmatige daad ) is similar to acts against laws or written law, has developed into a broad teaching. Violation of Article 1365 of the Criminal Code The person who commits a violation of the law and causes a loss shall be obliged to compensate the said loss. Compensation can be in the form of money, restored to its original state, the claimant is entitled to request that the judge stated that the act was an unlawful act atu su s ebagaimana lawsuit in Pu decision- No. 166/Pdt.G/2014/PN/Plg. The plaintiff's party has stated that the defendant's actions violated Article 1365 of the Civil Code but the judge refused as an illegal act. The court not only decides the case procedurally but needs to have a legal breakthrough as a step of legal discovery (rechtvinding) so that it covers the frame of mind as a legal reasoning about how the judge must decide on a case. The research using normative and based on secondary data to support success. Based on this, a problem was found on the basis of the judge's consideration so that the Plaintiff's Violating Action Act in the above case was rejected by the Palembang District Court Judge as in Decision No. 166/Pdt.G/ 2014/PN.Plg.Keywords:  violating the law; lawsuit; compensation
Free Notariatan Legal Services For The Community Are Not Able To Under The Law of Notary Office and Code Of Conduct and Its Application In Cilacap Regency Putri Mayasari
Authentica Vol 3, No 1 (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.2020.3.1.40

Abstract

Notarial Legal Services for free to people cannot afford is one of the notary obligations which regulated in the Statute and Notary Code of Ethics, even tough most people assume that people who use Notary services are usually those who are financially capable, so it is very rare to find anyone not able to ask for free notary services, but the rule still exists and until now there has been no further explanation about the limits and procedures for its application, so giving rise to different comprehension in each of the Notaries, likewise happen in Cilacap Regency. Need to know wheter the regulation has comply the purposive of the law and the application of the regulation in Cilacap Regency. Study with the legal research with the statute approach and conceptual approach then analyzed qualitatively. The government should be able to immediately make implementing regulations from these provisions, the organization should also be more aggressive in socializing. This rule is expected to be applied to the deed of establishment of business entities in accordance with government programs.Keywords: Free Notariatan Legal Services, Notaries
Effectiveness of Notary Ethical Sanctions Against Violations of the Ethical Code by Notaries in Banyumas District Rini Andriati Siswoyo
Authentica Vol 2, No 2 (2019)
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.2019.2.2.68

Abstract

AbstrakNotaris sebagai pejabat umum harus mematuhi seluruh kaedah moral yang telah hidup dan berkembang di masyarakat. Kode etik profesi notaris adalah seluruh kaidah moral yang ditentukan oleh Perkumpulan Ikatan Notaris Indonesia. Kode etik notaris berlaku dan wajib ditaati oleh setiap dan semua anggota perkumpulan dan semua orang yang menjalankan tugas jabatan sebagai notaris. Pengawasan atas pelaksanaan kode etik itu dilakukan oleh Dewan Kehormatan Notaris. Tujuan penelitian adalah menganalisis efektivitas sanksi etik notaris terhadap pelanggaran kode etik oleh notaris di Kabupaten Banyumas dan mengkaji Hal-hal yang menjadi penghambat penerapan sanksi kode etik notaris di Kabupaten Banyumas. Metode yang digunakan dalam penelitian ini adalah metode yuridis-sosiologis, dianalisis secara deduktif.Hasil penelitian menunjukan bahwa Efektivitas sanksi kode etik notaris berupa sanksi teguran dan peringatan tidak dapat dikatan efektif di Kabupaten Banyumas, sanksi kode etik notaris akan lebih efektif apabila dewan kehormatan notaris daerah Kabupaten Banyumas lebih menerapkan cara menentukan sanksi terhadap pelanggaran kode etik notaris sebagaimana disebutkan pada pasal 6 ayat 2 tentang penentuan kualitas dan kuantitas sanksi kode etik notaris, apabila sekali pelanggaran dapat dikatakan kualitas pelanggaran berat maka dewan kehormatan seharusnya dapat menentukan sanksi yang tegas tanpa harus melalui tata urutan sanksi kode etik, dan hal-hal yang menjadi penghambat penerapan sanksi kode etik notaris di Kabupaten Banyumas, adalah faktor penegakan hukum yaitu tidak adanya agreement antara Majelis Pengawas dan Organisasi Profesi dengan alat perkumpulannya Dewan Kehormatan. Serta faktor sarana dan prasarana yaitu tidak adanya prasarana dan fasilitas Dewan Kehormatan di Kabupaten Bayumas, karena tanpa adanya sarana dan fasilitas tertentu, maka tidak mungkin penegakan hukum akan berlangsung dengan baik. Kata Kunci :    Notaris, Kode Etik Notaris, Sanksi, Dewan Kehormatan. AbstractNotaries as public officials must obey all moral methods that have lived and developed in society. The code of ethics of a notary profession is all moral rules determined by the Indonesian Association of Notaries. The notary code of ethics applies and must be obeyed by each and every member of the association and all those who carry out their office as notaries. Supervision of the implementation of the code of conduct is carried out by the Notary Honorary Board. The purpose of this study is to analyze the effectiveness of notary ethical sanctions against violations of the code of ethics by notaries in Banyumas Regency and examine the things that are obstacles to the application of the notary code of ethics in Banyumas Regency. The method used in this research is the sociological-juridical method, analyzed deductively. The results showed that the effectiveness of a notary code of ethics in the form of a warning and warning could not be effectively addressed in Banyumas District, a notary code of ethics would be more effective if the notary honor board of the Banyumas Regency applied more methods of determining sanctions against violations of a notary code of ethics as mentioned in article 6 paragraph 2 concerning the determination of the quality and quantity of notary code of ethics, if once a violation can be said to be the quality of a serious offense, the honorary council should be able to determine strict sanctions without having to go through the order of the code of ethics sanctions, and things that become obstacles to the application of the code of ethics sanctions notary in Banyumas Regency, is a factor of law enforcement that is the absence of an agreement between the Supervisory Board and Professional Organizations with the tools of the Honorary Council. As well as facilities and infrastructure factors, namely the absence of infrastructure and facilities of the Honorary Council in Bayumas Regency, because without certain facilities and facilities, it is not possible to enforce the law properly. Keywords:  Notary Public, Notary Ethics Code, Sanctions, Honorary Board.
Acquisition Cost of Land and Building Rights Based on Buying and Selling Singgih Permana Adhi
Authentica Vol 2, No 1 (2019)
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.2019.2.1.58

Abstract

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.
PERLINDUNGAN HAK ANAK PASCA PERCERAIAN ORANG TUA Esti Kurniati
Authentica Vol 1, No 1 (2018)
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.2018.1.1.7

Abstract

Marriage after will give rise to legal consequences for both parties, not least the child of the marriage. The result is the emergence of rights and obligations. In fact, many households are unable to realize these goals and finally divorced, whereas marriage laws make every effort to reduce the number of divorces, as a result of divorce not only to parents but to children as well. Do not let children of divorce who have got the psychological burden, plus more for the rights of civilización the form of children's rights is not fulfilled by the parents. This paper has discussed the protection of children's rights after the divorce of both parents, which to answer is used legal research with a legislative approach and a conceptual approach. Legal protection for children both before and after divorce is needed to minimize the occurrence of things that are not desired by the child itself, such as the absence of affection, the child becomes neglected and the child also cannot get along as a child.Keywords: legal protection, divorce, and children's rights.
Juridical Review of The Provision of Catering Services In Theory And Practice And Problematic at PT. Well Harvest Winning Alumina Refenery Site Kendawangan, Ketapang Regency, West Kalimantan Limas Mentari Putri
Authentica Vol 3, No 1 (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.2020.3.1.32

Abstract

Traditional Covenant Law theory has characteristics emphasizing the importance of legal certainty and predictability.  The main function of one of the contracts is to provide certainty about the binding of an agreement between the parties so that the principles of good faith in the civil law system and promissory estoppel in the common law legal system. which in this article the author will discuss PT ADEN's contractual agreement with PT Well Harvest Winning Refinery Alumina in the catering contract for employees of PT Well Harvest Winning Alumina Refinery which discusses whether the agreement made between the customer and the catering party has qualified the validity of the agreement and the issues contained in the valid agreement.Keywords: Treaty Law Theory, Civil Law, Agreement.
Additional Workload for Notaries Rahadi Wasi Bintoro
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Effectiveness of Executive Auction Responsibility as A Problem Credit Settlement in PT.Bank Mandiri (Persero) Tbk Purwokerto Area Adhitya Zaputra
Authentica Vol 1, No 2 (2018)
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.2018.1.2.17

Abstract

This paper is intended to analyze the effectiveness of the implementation of the auction of Hak Tanggungan as an effort to resolve non performing loan at PT. Bank Mandiri (Persero) Tbk Purwokerto Area, based on the data obtained in the field of 158 the number of troubled debtors throughout 2017, only 6 debtors have successfully auctioned. The low level of auction behavior is due to many factors both internal and external factors that occur before the implementation or after the implementation of the auction. This paper uses the empirical approach method, namely the effort to approach the problem under study with the nature of the law that is real or in accordance with the reality that lives in society. Based on Lawrence M Friedman's theory, the implementation of auctions is not effective, the biggest factors that influence are substance and cultural factors, namely the rules regarding emptying of collateral for auction behavior and the people who are afraid of having problems buying assets by auction. Therefore, rules must be reinforced to guarantee auction buyers to avoid problems in the future after the collateral is sold. Keywords: effectiveness; auction; settlement of non performing loans; inhibiting factors
Land and Social Justice Rahadi Wasi Bintoro
Authentica Vol 3, No 1 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

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Abstract

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