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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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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.
LEGAL CONSEQUENCES OF COOPERATION BETWEEN NOTARY PARTNERS AND BANKS ON THE VALIDITY OF THE DEEDS MADE Afrian, Robiatul
Authentica Vol 7, No 1 (2024)
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.2024.7.1.446

Abstract

Notaries, in their efforts to get clients to offer cooperation, become partners with banks in the execution of authentic instruments. The problem arises in relation to the cooperation between notary partners and banks, which is contrary to the Notary Code of Ethics, since it is stated that notaries may not cooperate with offices/services/legal entities which, in principle, act as intermediaries in order to find and/or obtain clients. The formulation of this research problem is: (1) What are the legal consequences of the partnership agreement between a notary and a bank? (2) What is the validity of the notarial deed made as a result of the partnership with the bank? By using normative legal research methods, using a legislative approach and a conceptual approach, as well as the research specifications used, namely perspective analysis, namely describing and analyzing facts through laws and regulations. It can be concluded that the cooperation between the notary and the bank is contrary to the Code of Ethics and the UUJN, but does not affect the validity of the deed that will be made by the notary, because basically the agreement of the parties is the one that gives birth to an agreement and the notary is only the registrar of the deed, not intervening that affects the content of the deed..
APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN THE LEGALIZATION OF A DEED UNDER THE HAND BY A NOTARY IN ORDER TO INCREASE LEGAL CERTAINTY Putra, Gerry Akbarhananta
Authentica Vol 7, No 1 (2024)
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.2024.7.1.389

Abstract

Notaries have the authority to make authentic deeds, apart from that, notaries also have other authorities, including legalization. In practice, notaries exercise their authority to carry out legalization, there is still a discrepancy between regulations and implementation which is caused by the minimal and asynchronous various legal arrangements regarding legalization, thus causing a lack of legal certainty regarding the notary's authority to carry out legalization. So this research discusses how to apply the precautionary principle and the legal consequences if a notary ignores the precautionary principle against a notary's authority in carrying out legalization. The purpose of this research is to analyze the application of the precautionary principle. This study uses a normative juridical approach and uses secondary data. The results of this study are that the Notary is obliged to apply the precautionary principle by Recognizing the Identity of the Appearing Person, carefully reading the Deed to be Legalized, fulfilling Legalization techniques, and keeping records of the legalization process. The notary also needs to ensure that the parties understand the essence and legal consequences of the deed legalized by him. As for the legal consequences if the notary ignores the precautionary principle, namely the deed that is being legalized can be declared null and void by law or can be canceled which is stated by the court. The notary can also be sued for legal action by the injured party in the form of a lawsuit through the court and submit a report to the Regional Supervisory Board so that the notary concerned is subject to administrative sanctions.Keywords: Prudence, Legalization, Underhand Deed, Notary, dan Legal Certainty
MAKING A SIMULATED AGREEMENT DEED BY A NOTARY AS THE CAUSE OF A LAND DISPUTE IN GIANYAR BALI (Case Study of Decision Number 259/Pdt.G/2020/PN. Gin) Tama, Evan Mandala
Authentica Vol 7, No 1 (2024)
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.2024.7.1.442

Abstract

This study aims to analyze the making of simulated agreement deeds by notaries as the cause of land disputes in Gianyar, Bali. The main focus of this study is to examine the legal impact and potential conflicts that may arise due to the practice of making simulated agreement deeds. This research uses a normative juridical method, which is based on legal research through literature review. The results of the study show that the creation of a simulated agreement deed by a notary has the potential to cause land disputes, especially if it does not meet the applicable legal provisions. Factors such as the validity of the agreement, lack of clarity of information, and potential abuse of position can be a source of dissatisfaction and conflict among the parties involved. This research provides in-depth insight into the complexity of legal and social problems that can arise from the practice of making simulated agreement deeds. The implications of these findings show the need to improve the regulatory system and notary practices to prevent land disputes and increase public trust in the process of making deeds by notaries. The results of the study also stated that the deed of simulated agreement between David John Lock and Anak Agung Gede Oka Yuliartha was declared contrary to the law, so it was invalid, null and void, and did not have binding legal force. As a result of this agreement, the object of sale and purchase in the form of land covering an area of 200M2 and Certificate of Ownership Number: 2725/Desa Mas covering an area of 1,150 M2 became a dispute. The study also highlights the importance of a better understanding among notaries of the legal implications of creating simulated deed of agreement, as well as the need for stricter oversight to ensure that each deed made complies with applicable legal standards. Thus, this research is expected to make an important contribution to the development of notary law and the enforcement of justice in the settlement of land disputes.Keywords: Notary, Gianyar Bali, Preparation of Simulated Agreement Deed
STARLINK ON COMPETITION OF INTERNET PROVIDERS IN INDONESIA: A BUSINESS LAW REVIEW Hukunala, Sandy Victor
Authentica Vol 7, No 1 (2024)
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.2024.7.1.455

Abstract

In Indonesia, the rapid growth of internet users highlights the need for wider access, especially in remote areas. The arrival of Starlink, a satellite project from SpaceX, offers a new solution with satellite technology that can reach areas that are difficult to reach by conventional cable infrastructure. This research explores the challenges and opportunities that conventional internet service providers face with the presence of Starlink. This research uses a normative legal research method with a statutory and conceptual approach. The results show that Starlink can improve internet access in remote areas but faces challenges in the aspects of regulation, competition and consumer protection. With the right approach, Starlink has the potential to support inclusive digital transformation in Indonesia.Keywords: Business Law; Internet; Starlink
Notary's Responsibility And Legal Consequences For Changes In The Contents Of The Deed By The Notary Without The Presence Of The Parties Muntafi, Maya Zamzami
Authentica Vol 7, No 1 (2024)
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.2024.7.1.448

Abstract

Notaris adalah pejabat umum (openbaar ambtenaar) yang berfungsi menjamin autentisitas pada tulisan-tulisannya (akta). Berdasarkan putusan Putusan 1003K/PID/2015 dijelaskan bahwa notaris terbukti telah mengubah suatu akta, namun akta tersebut diubah tanpa dihadiri oleh para pihak. Berdasarkan latar belakang tersebut maka dapat dirumuskan pokok masalah yang akan dibahas yaitu bagaimana yanggungjawab notaris atas perubahan akta tanpa dihadiri para pihak dan akibat hukum terhadap perubahan isi akta oleh notaris tanpa dihadiri para pihak. Metode penelitian yang dipergunakan adalah yuridis normatif, pendekatan yang digunakan dalam penulisan ini yaitu: Statute Approach dan Conseptual Approach. Tanggungjawab notaris atas perubahan akta tanpa dihadiri para pihak meliputi pertanggungjawaban secara Perdata, Pidana dan Administrasi. Akibat hukum atas Isi akta yang diubah tanpa dihadiri para pihak pada Akta nomor 149 yang dibuat oleh notaris NS dianggap tidak sah karena notaris tersebut telah mengubah akta tanpa kehadiran para pihak, yang mengakibatkan minuta akta dan salinan tidak sesuai dengan ketentuan yang diatur oleh Pasal 48, 49, 50, dan 51 Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris. Sebagai akibatnya, salinan akta tersebut dinyatakan tidak sah, hal ini menunjukkan bahwa proses pembuatan akta tidak mengikuti prosedur sesuai dengan Undang-Undang.

Page 9 of 9 | Total Record : 89

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