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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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Notary's Responsibility for the Denial of Signature of A Letter Under the Hand that Legalized Before A Notary Dinda Putri yani
Authentica Vol 6, No 1 (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.2023.6.1.366

Abstract

The notary is responsible for what he has made in accordance with the duties and powers that a notary must carry out. The authority of a Notary is stated in Article 15 paragraph (1) of Law No. 2 of 2014, and besides that, the authority to do authentic deeds, Article 15 paragraph (2) of Law Number 2 of 2014 concerning the Position of Notary which states that a Notary has the authority to "Authorize the signature and determine the certainty of the date of the letter under the hand by registering in a special book". With the formulation of the problem, how is the responsibility for the signature of the private agreement that has been legalized by a notary, and what is the legal force against the party who denies the signature of the private agreement that has been legalized before a notary. This research uses normative juridical methods and library research. The data used in this article uses primary, secondary, and tertiary legal materials. The results of this study show that the strength of proof of an underhand agreement that is legalized before a notary can be stronger as a means of legal protection for the parties. Article 16, paragraph 1 letter a Law No. 2 of 2014 reads, "In carrying out his position a notary must act in a trustful, honest, thorough, independent, impartial and safeguard the interests of parties related to legal actions".  Therefore, Notary must prioritize the principle of prudence and understand your rights and obligations.Keywords: Notary, Letter Under Hand, Denial.
Responsibility of Notaries and Legal Protection for Defective Legal Document Nur Risca Tri Indarwati
Authentica Vol 6, No 1 (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.2023.6.1.380

Abstract

The practice of legal defects in the Denpasar District Court Decision Number 172/Pdt.G/2015/PN.Dps, began when the Defendants invited the Plaintiff to sign the Deed of Lease and receive payment for the Lease Agreement. When signing the Deed of Lease, the representative of Defendant I in signing the Deed of Lease did not have the authority, but the Plaintiff was still asked to sign the Deed of Lease and the Plaintiff was not given the completeness of the documents that should have been. The research method used is normative juridical by analyzing Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Office of Notary. The research results in this study are that if the deed made by the Notary concerned is not in accordance with the provisions for making notarial deeds in the Notary Position Law, then the Notary concerned can be held liable to pay compensation and the legal protection is not implemented correctly. Because in the decision the court did not punish the Notary concerned to make the deed of lease to pay compensation to the plaintiff as it should.Keywords: Responsibility of the Notary, Legal Protection, Legal Defects.
Legal Consequences of Authentic Deed Made by Notary after Declared Bankruptcy Dian Nita NurJanah
Authentica Vol 6, No 1 (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.2023.6.1.360

Abstract

AbstractThis research aims to analyze legal consequences of an authentic deed by Notary after being declared bankruptcy. The research method used is juridical normative. The data source is secondary data. The data analysis method used qualitative nomative. The result of this research are normatively in the Law of Notary Position that Notary declared bankrupt based on court decision that has obtained permanent legal force will dishonorable dismissal. A Notary  is decraled bankrupt has legal consequences against the deed the made to lose authenticity. So, the authentic deed only has strenght evidence the private deed.Keywords: Notary;  Legal consequences; Authentic; bankruptcy.
Responsibility of Land Deed Officials in the Making of Sale and Purchase Deeds with Improper Transactions Amelia Nugroho
Authentica Vol 6, No 1 (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.2023.6.1.390

Abstract

Before a Land Deed Official make a land sale and purchase deed so that a transfer of rights over land and buildings can arise, he/she must carry out tax payment services by the parties. This is sometimes different from the reality, in which in making a sale and purchase deed the Land Deed Official commits an act of manipulating the tax price to be less than the actual sale and purchase price. The research method used in this legal research is normative. The data used in this legal research is secondary data. The results of research in writing this law are that there are still Land Deed Making Officials in making sale and purchase deeds who openly suggest reducing the value of land transactions to as small as possible for service users with the aim of ensuring that the tax costs paid by the parties are not large. Therefore, the Land Deed Official must bear the sanctions in the form of administrative sanctions, civil sanctions and criminal sanctions.Keywords: Tax Violations, Land Deed Official, Land Sale and Purchase Deed.
Notary’s Liability for the Cancellation of the Deed of Establishment of A Foreign Investment Limited Liability Company due to Violation of the Notary Profession Ayu Zihan Nabillah
Authentica Vol 6, No 1 (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.2023.6.1.369

Abstract

AbstractThe need for notary services, especially in terms of the preparation of deeds of establishment of limited liability companies is increasing, along with the rapid development of the business world, which is also supported by the development of information technology. The establishment of a limited liability company according to Article 7 paragraph (1) and paragraph (2) of the Limited Liability Company Law, is based on an agreement between 2 (two) or more persons, by obliging each founder to take a share and stated before a Notary in a deed of establishment in Indonesian language containing the company's articles of association. In addition to requiring a deed of establishment, the establishment of a limited liability company also requires capital. The capital can come from domestic or foreign/foreign sources. Therefore, the type of limited liability company based on the type of capital is divided into 2 (two), namely Domestic Capital Limited Liability Company (PMDN) and Foreign Capital Limited Liability Company (PMA). The type of research in this legal research is normative or doctrinal legal research conducted by examining secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In practice, problems sometimes arise, especially in Limited Liability Foreign Capital Companies (PMA), as in the case decided by the Denpasar District Court Decision Number: 485/Pdt.G/2015/PN.Dps. The Panel of Judges of the Denpasar District Court decided that Deed No. 52 concerning the Establishment of PT Mexicano Asia made before Notary I Putu Chandra, S.H., was declared null and void.Keywords: deed cancellation, notary; limited liability company establishment; foreign investment.
Legal Categorization and Implications of the Placement of the Notary Profession in the Indonesian Standard Business Classification Anugrah Haryata Pratama
Authentica Vol 6, No 1 (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.2023.6.1.305

Abstract

Article 1 point 1 of Law Number 30 of 2004 concerning the Office of a Notary Public explains that a Notary is a public official authorized to make authentic deeds in accordance with the Law on the Position of a Notary Public and other laws. From the other side, the regulation of the Head of the Central Bureau of Statistics Number 2 of 2020 concerning the Indonesian Standard Business Classification whose purpose is to classify economic activities in Indonesia states that Notaries are categorized together with other business actors in code 69104. Mention of Notaries in Indonesian Standard Business Classification's efforts to make Notaries able to move into entrepreneurs in accordance with the title of classification number 69104" Activities of Notaries and Land Deed Officials " whose categorization is the same as other business actors so that makes the author interested in researching this matter. Based on the case above, there are two formulations of the problem, namely: How is the placement of implications arising from the position of a Notary Public categorized as self-employed according to the Regulation of the Head of the Central Bureau of Statistics Number 2 of 2020 concerning the Indonesian Standard Business Classification; How is the harmonization between Law Number 30 of 2004 concerning the Position of Notary Public and the Regulation of the Head of the Central Statistics Agency Number 2 of 2020 concerning the Indonesian Standard Business Classification. The research method that the author uses is normative juridical by studying the law and then clashing between laws and regulations.Keywords: Notary, Enterpreneur, Categorization, Legal Implications, Placement of Notary Profession, Indonesian Standard Business Classification
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.
Legalization Of Cyber Notary-Based Notary Deeds As Authentic Deeds Syafira Paramita
Authentica Vol 6, No 1 (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.2023.6.1.363

Abstract

Legalizing a notarial deed based on a cyber notary as authentic deeds demands the role of notaries in using the concept of a cyber notary to create a fast, precise, and efficient service. However, in this case, the legalization of a cyber-based notary deed does not have perfect proof like authentic deeds. This is because notarial deeds using a cyber notary need to meet the requirements for the authenticity of a deed in Article 1868 of the Civil Code. The problem raised in this study is how authentic the legalization of cyber-based notary deeds is. This research used a juridical normative method. The data collection in this study employed a literature review method and a qualitative method for analyzing the data. The study results show that the legalization of notary deeds using cyber notary does not have perfect proof like authentic deeds because it does not meet the requirements for the authenticity of a deed contained in Article 1868 of the Civil Code. Keywords: Legalization, Authentic Deed, Cyber Notary.

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