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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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Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency). yulia yulia widiastuti
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.2020.3.1.35

Abstract

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT
Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered Meisha Poetri Perdana
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.2019.2.2.66

Abstract

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party
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
Implementation of Balance Principles in Banking Credit Agreements (Study of Bank Jateng Purwokerto Wage Market Branch) Agung Setyawan Tri Nugroho
Authentica Vol 4, No 1 (2021)
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.2021.4.1.69

Abstract

Notary is a public official who is authorized to make an authentic deed. Authentic Deed is a legal document that is very important for banks to secure their transactions, in practice the use of a deed under the hand is still rife in banks. This is evident from the still many uses of standard contracts in credit agreements. Credit agreements whose standard forms are unbalanced to provide a strong legal umbrella in providing consumer protection in the financial services sector. OJK issued Regulation Number: 1 / POJK.07 / 2013, with the entry into force of the POJK, clearly stipulated the principle of balance in the credit agreement The method used in this research is normative juridical method. The data used is secondary data. The results showed that the application of the principle of balance in a banking credit agreement (study in Bank Jateng Cabang Pasar Wage Purwokerto), there were differences in the application of the principle of balance before and after the issuance of POJK, it is clear where the debtor's position in the agreement was weak can be seen if there is a change in Government policy in the economic and monetary sectors which causes the Bank to change all lending rates unilaterally not involving the debtor's approval so that it can be concluded that the principle of balance before POJK is not applied, whereas after the existence of POJK Bank Jateng is in accordance with the position of both creditors and debtors in the agreement in accordance with their rights and obligations. The legal consequences of the credit agreement that does not carry out the principle of balance of the deed based on the provisions above, then the credit agreement with not fulfilling the legal provisions as required by legislation, then the agreement is null and void because the formal conditions are not fulfilled, then the business actor financial services, namely banks, which do not meet the protection elements stipulated in the POJK, may be subject to sanctions regulated in Article 53 POJK. Its legal protection for consumers is repressive based on POJK Article 40. Suggestions for supervision from OJK in assessing and verifying the form of credit agreement at the bank, so that the clauses in the credit agreement do not violate the provisions of the Consumer Protection Act and Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Keywords: Authentic Deed, Standard Agreement, Credit Agreement, Financial Services Authority Regulation, Bank BPD. 
Subject and Object Rahadi Wasi Bintoro
Authentica Vol 4, No 1 (2021)
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.2021.4.1.229

Abstract

Exoneration Clausula in Due to The Marriage Agreement Made By Notary After The Decision of The Constitutional Court Number 69 / PUU-XIII-2015 Binar Kikis Kiani
Authentica Vol 4, No 1 (2021)
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.2021.4.1.79

Abstract

Arrangements regarding marital agreements after the issuance of a constitutional court ruling shifts the arrangement of when the marriage agreement may be made. Before the issuance of the Constitutional Court's ruling a marriage agreement is made before or during a marriage while after the issuance of the Constitutional Court's decision a marriage agreement may be made before, during or during marriage. This has different consequences for both, especially for the deed containing the Exoneration clause in it. This research is a Normative Juridical research which uses the statutory approach and case approach. The research specifications used are prescriptive. The author uses secondary data and the method of presenting data using narrative text forms and analyzed with qualitative juridical methods. The research results show that the exoneration clause was found in the deed made by the Notary Public before the decision of the Constitutional Court, namely the deed xx / yy in Article 4 and in the notary deed after the Constitutional Court's decision number 5 of 2019 in Article 1 and Article 2. legal consequences arising from there is an exoneration clause on the deed made before the Constitutional Court Decision, namely that the deed is null and void, but the parties may submit a remake of the marriage agreement to the notary and the Notary will make a new deed on the premises and substance while the legal consequences arising from the exoneration clause in the deed made after the Constitutional Court Decision, if the parties do not make changes to the exoneration clause, then the deed is null and void, but if it will make changes to the deed contained in the exoneration clause, the parties can submit changes to the Notary and Notary only change the substance. Suggestion from this research is the need for the role of the Notary in terms of making the agreement so that the agreement that has been stated in the deed and agreed by the parties does not harm both parties and does not cause a lawsuit in the future. Keywords: Exoneration Clause, Marriage Agreement, Constitutional Court

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