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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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Prohibition of Price Discrimination Practice Under Law No. 5 Of 1999 On Prohibition of Monopoly Practices and Unhealthy Business Competition Hangga Prajatama
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.2019.2.2.21

Abstract

In the business world, business competition or competence among business people in seizing the market is very reasonable. However, this becomes unnatural when the competition is carried out in an unfair manner, with the aim of preventing other business actors from competing (barrier to entry) or shutting down competitors' businesses. One form of anti unfair competition carried out by business actors in creating market power has been anticipated in Law Number 5 of 1999, namely the existence of price discrimination. The research method used is normative juridical, namely legal research that emphasizes the review of legal documents and library materials related to the subject matter. Based on the research that has been done, there is an Article that Regulates Regarding Price Discrimination in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is located in Article 6 which states that business actors are prohibited from making agreements that cause one buyer to pay a price that is different from the price that must be paid by other buyers for the same goods and / or services. and the Guidelines for the Business Competition Supervisory Commission on Implementation Provisions in Article 6 of Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Prohibition, Price Discrimination, Law No. 5 of 1999.
Absolute Power on Land Rights Binding Agreement (Study of Verdict No. 698K/Pdt/2017 and Number 483/Pdt.G/2013/PN.Bdg) Rizal Aditya Nugraha
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.2019.2.1.59

Abstract

In the sale and purchase of land rights transactions, before the parties make a sale as outlined in the form of a Purchase Deed made before the Land Deed Maker Officer, the parties first make an agreement made in the form of an authentic deed made before a notary called with the Sale and Purchase Agreement (PPJB). Binding Agreement of Purchase made by a notary is always followed by a power of attorney called absolute power of attorney. According to the Instruction of the Minister of Home Affairs No. 14 of 1982, the use of absolute power is prohibited from using it for the transfer of land rights. This study aims to analyze the validity of granting absolute power clauses in the Purchase Binding Agreement which is used as the basis for the transfer of land rights and analyzing the application of absolute power in the Land Purchase Binding Agreement for land rights, especially against Decision Number 698K / Pdt / 2017 and Number 483 / Pdt. G / 2013 / PN.Bdg. The research method used is normative juridical research by examining secondary data, supplemented by a legislative approach and a case approach. This type of research is Analytical Descriptive using legal inventory research, legal principles, legal discovery in concreto. Data analysis was performed using the Normative Qualitative analysis method. The results of this study indicate that: (1) The validity of the absolute power which is entered as a clause in the Binding Agreement of Purchase is valid. Purchase Binding Agreement as a preliminary agreement (Pactum De Contrahendo) which gave birth to the granting of absolute power clause is an inseparable unit of the Purchase Binding Agreement so that the granting of an absolute power clause in the Sale and Purchase Agreement is not included in the absolute power of attorney which is prohibited by applicable laws and regulations. (2) a. Decision Case Number 698K / Pdt / 2017, the granting of absolute power which is used as the basis for the transfer of land rights is invalid because the absolute power of attorney is not based on the principal agreement, thus contradicting the Instruction of the Minister of Home Affairs Number 14 of 1982. b. Decision Case Number 483 / Pdt.G / 2013 / PN.Bdg, the granting of absolute power which is used as the basis for the transfer of land rights is legal, because the absolute power of attorney is based on the principal agreement, so it does not conflict with the Minister of Home Affairs Instruction Number 14 of 1982. Keywords: Binding Agreement of Purchase; Absolute Power of Attorney; Instruction of the Minister of Home Affairs No. 14 of 1982.
TANGGUNG JAWAB DIREKTORAT JENDERAL HAK KEKAYAAN INTELEKTUAL TERHADAP PEMEGANG HAK ATAS MEREK DALAM HAL ADA PUTUSAN PEMBATALAN MEREK Hertanti Pindayani
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.2018.1.1.8

Abstract

Many cases of trademark disputes that occur due to the use of brands by parties who are not actually entitled to a trademark, even though the party has a certificate issued by the DG IPR. Therefore, it is necessary to know the responsibility of the Directorate General of Intellectual Property Rights in the event of a decision to cancel trademark registration and to know the criteria used by the Director General of Intellectual Property Rights in providing protection against Trade-mark Rights. This legal issue will be discussed through legal research with a conceptual approach and legislative approach and then analyzed qualitatively. In common, Ditjen HKI often issues certificates of trademark rights, even though the trademarks have already been registered before.  Therefore, they are double owners of similar trademarks. The professionalism of Ditjen HKI officers does not support the implementation of preventing people from breaking the trademark laws. The elements of methods and working techniques of Ditjen HKI officers have not been sufficient in satisfying their customers when they register their trademarks since there has been no computerized information and data management.Keywords: trademark, certificate, violation, trademark cancellation
Implementation of Musyarakah Financing Agreement On Sharia Banking (Case Study at Bank BRI Syariah Purwokerto Branch Office) Muh Rifqi Iqsobayadinur
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.2020.3.1.33

Abstract

Act of Republik Indonesia Number 21 of 2008 concerning Sharia (Islamic) Banking Article 1 Number 13, require all of contract should be written. Thus the implementation of musyarakah financing contract on Islamic banking is needed a notary to make a notariil deed, although there is no a special rule that require a contract must be made with notariil deed. The research is empirical research law to analyzes the data systematically, factual and accurate. The approach used in the research is descriptive qualitative approach. Result of this research indicates that implementation of musyarakah financing contract at PT. BRI Sharia branch of Purwokerto, normatively has been following the elements of the contract, and especially used standard contract from Financial Services Authority (FSA) regulation Number 31/POJK.5/2014 concerning Implementation of Sharia Multi-Finance Business, but substantially there are deviations in which the position of the parties is unbalanced, the nisbah ratio is done unilaterally and is fixed during the funding period, calculation of nisbah is determined at the beginning, and the use of witnesses in contract is not in accordance with sharia principles.Keywords: Contract, Musyarakah Finance, Sharia (Islamic) Banking. 
Index Subject Rahadi Wasi Bintoro
Authentica Vol 2, No 1 (2019)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

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Abstract

Index Subject
Third Party Legal Protection Against Investors Does Not Release the Building Rights After Termination of Contracts for Business Sites Rexon Manihuruk
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.2018.1.2.25

Abstract

Legal Protection for Third Parties (Occupants: Tenants) Facing Investors who do not relinquish Building Rights After the Termination of Contract Agreement for Morning Market Business Sites in Tegal City is needed. This paper uses a normative juridical research method. The main data sources of this study come from the results of decisions and documents relating to the problems faced by traders, especially those who received complaints and were sued by Investors, including decisions between the city government and investors. Based on the results of the study it can be concluded that the role of the city of Tegal to protect traders is very important as a form of legal protection for the actions of investors against the occupants of the morning market stalls block B and C morning market in Tegal City. The Tegal City Government as having legal rights and relations (compensation/ peace agreement) after terminating the contract for the place of business with the Investor to collect the obligation of the Investor to give up his rights in a preventive and repressive manner (making a claim) to the investor to carry out its obligations as agreed surrender (release) the right to use the building.Keywords: Legal Protection; Business Place Contracts; Building Use Rights 
Object Index Rahadi Wasi Bintoro
Authentica Vol 3, No 1 (2020)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

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Abstract

Object Index
The Role of The National Land Agency in Monitoring The Issuing Land Deed by The Temporary Land Deed Officer in Indramayu Regency Sabrina Widya Astuti
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.2019.2.2.81

Abstract

This study aims to analyze how the role of the National Land Agency in terms of supervision of the making of a land deed by the Acting Land Actor in the District of Indramayu. based on research that has been carried out the role of supervision carried out by the National Land Agency in Indramayu Regency contained in the regulation of the Minister of Agrarian Affairs and Spatial Planning No. 2 of 2018 concerning Supervision and Development of Land Deed Making Officials. Research shows that supervision of the Temporary Land Deed Making Officials in Indramayu Regency has not been carried out by the National Land Agency. Supervision based on Permen ATR Number 2 of 2018 namely preventive and repressive supervision. Preventive supervision is to supervise the implementation of the PPAT position while repressive supervision is carried out by enforcing the rule of law in accordance with statutory provisions in the PPAT field. Keywords: National Land Agency, supervision, PPAT
Authentication of Deed of Minutes of General Meeting of Shareholders Implemented With The Concept of Cyber Notary Reviewed From Article 16 Paragraph (1) Letter M of Law No. 2 of 2014 On Notary Department Reza Amrullah
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.2019.2.1.61

Abstract

Cyber Notary is the use or utilization of information technology such as computers, computer networks, and/or other electronic media, such as teleconferences or video conferences in carrying out the tasks of the authority of a Notary Public. This study analyzes the authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the Cyber Notary concept and the proof of the minutes of the General Meeting of Shareholders held with the concept of Cyber Notary. The research method used in this study is normative juridical. The source of legal material in this research is secondary legal material. This Legal Material Analysis Method is Normative Qualitative. Based on the results of the study found that Authentication of electronic documents in the form of the minutes of the General Meeting of Shareholders in the concept of Cyber Notary can be done by means of a Notary does not need to be present during the General Meeting of Shareholders of the Cyber Notary takes place. If the Notary is present directly at the meeting then it is actually dangerous for the Notary, because in the Cyber Notary RUPS there are meeting participants who attend using teleconferences or video conferences that do not allow the Notary to get to know all meeting participants who were present at the meeting. Making Deed of Minutes of the meeting is sufficient to be made by a Notary based on the Minutes of Meeting under the hand of the authorized shareholders to the Board of Directors to be drawn up by a Notary. Keywords: Strength of Proof; GMS Deed; Cyber Notary.
PENGADAAN TANAH UNTUK PEMBANGUNAN PROYEK PEMERINTAH SETELAH BERLAKUNYA PERATURAN PRESIDEN NOMOR 65 TAHUN 2006 S Sarsiti
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.2018.1.1.9

Abstract

 The increase in the human population will also increase the need for land, but this cannot be accompanied by an increase in the existing land area. This paper discusses land acquisition for government project development after the enactment of Presidential Regulation Number 65 of 2006; and legal remedies if there is no agreement in the process of land acquisition. These legal issues are approached by normative methods with conceptual approaches and legislative approaches. Land acquisition for development for Government projects is carried out through the process of Releasing Legal Rights if no agreement is reached, then the Regent / Mayor or Governor or Minister of Home Affairs according to the authority submits a proposal for a settlement by revoking land rights.Keywords: land acquisition, a release of rights, revocation of rights.

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