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Fakultas Hukum Universitas Jember Jl. Kalimantan No. 37, Krajan Timur, Sumbersari, Jember, Jawa Timur 68121 ​​https://law.unej.ac.id sekretariat.fh@unej.ac.id 0331 - 335462
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INDONESIA
Jurnal Ilmu Kenotariatan
Published by Universitas Jember
ISSN : 27231011     EISSN : 27231011     DOI : 10.19184/JIK
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL ILMU KENOTARIATAN merupakan Jurnal yang diterbitkan oleh Fakultas Hukum Universitas Jember yang bertemakan Ilmu Hukum berkaitan dengan Kenotariatan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, khususnya Hukum Kenotariatan. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang kepada penulis untuk mempublikasikan pemikiran hasil penelitian orisinalnya, baik para akademisi yaitu mahasiswa maupun dosen, ataupun para praktisi hukum. Fokus dan Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum yang berkaitan dengan bidang kenotariatan dengan topik-topik sebagai berikut: Hukum Kenotariatan. Hukum Pertanahan. Cyber Notary. Hukum Perdata. Hukum Bisnis. Hukum Administrasi. Hukum Internasional. Hukum Acara. Hukum Dan Masyarakat. Hukum Informasi Teknologi dan Transaksi Elektronik. Hukum Hak Asasi Manusia. Hukum Kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 4 No. 1: May 2023" : 6 Documents clear
Asas Publisitas Perjanjian Perkawinan (Post Nuptial Agreement): Konsep kepastian dan perlindungan hukum bagi pihak ketiga W. Werdiningsih
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38537

Abstract

Marriage agreements after Constitutional Court Decision Number 69/PUU/XII/2015 have a different concept regarding marriage agreements. A prenuptial agreement expanded to a postnuptial agreement has several problems, namely regarding the publicity of the marriage agreement. The validity of post-nuptial agreements can create uncertainty for third parties regarding the husband and wife's assets. Based on these legal issues, this article aims to determine the formulation of the principle of publicity in arranging marriage agreements (Post Nuptial Agreements) so that they have binding force and provide legal protection to third parties. This research uses normative juridical methods, and there are three approaches used, including: statutory approach; conceptual approach, historical research approach; case approach and comparative approach. The implementation of making marriage agreements in marriages, especially for mixed marriages, still raises doubts. This is due to weaknesses in the formulation of legal rules in the Constitutional Court Decision in the form of unclear norms related to Article 29 of the Marriage Law, as well as the absence of clear and firm regulations regarding the Constitutional Court Decision. Therefore, validation is an important element that must be fulfilled by the parties. On the other hand, there is a vague meaning of the word ratified in Article 29 paragraph (1) of the Marriage Law which is intended simply to be a marriage agreement or intended to be announced to a third party or other party. Conclusion The urgency of building a concept of legal protection for creditors, in order to provide guarantees of justice, certainty and legal protection in the context of the birth of mortgage rights, through registration as a fulfillment of the principle of publicity which provides a position as a preferred creditor, in particular providing convenience for creditors in obtaining their rights back. KEYWORDS: SKMHT, Time Limit, Creditors
The Role of Regional Honor Council in Maintaining the Honor of Notary Position Isro Vita Nugrahaningsih
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38566

Abstract

A profession that in carrying out its duties, functions and authorities requires an ethics, so does a Notary. So the code of ethics is used as a guideline for the behavior of members of the profession in acting and behaving. The existence of a Notary code of ethics aims to make the Notary profession run professionally with motivation and orientation to intellectual skills as well as rational and critical argumentation as well as upholding moral values. So that the notary in carrying out his position is supervised by the Notary Honorary Council, because this supervisory function is very necessary so that the Notary does not ignore the nobility and dignity of his profession. Writing this article aims to identify, examine and analyze the role of the Honorary Board in maintaining the honor of the position of Notary Public by upholding a code of ethics. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from laws and regulations and secondary legal materials are obtained from library materials, archives, and documents related to the object of research. The results of the discussion show that the position of the Honorary Board in the Notary organization has a strategic and important role in enforcing the code of ethics as an effort to maintain the honor of a notary. The Honorary Council in enforcing the Notary's code of ethics identifies, evaluates and improves the supervisory system for Notaries so that violations of the code of ethics can be minimized, the Honorary Council makes strategic steps to be implemented and used according to the objectives to be achieved. KEYWORDS : Code of Ethics, Honor Council, Notary.
Dinamika Pembebanan Jaminan Fidusia Terkait Dengan Prinsip Spesialitas Ferdiansyah Putra Manggala
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.37999

Abstract

The principle of specializing fiduciary guarantees in consumer financing agreements is one of the principles that must be fulfilled, in order to provide legal certainty to both fiduciary recipients and fiduciary recipients, particularly regarding the right to ownership of collateral. If the consumer financing agreement is not fulfilled by the principle of specialization, then there is no legal certainty in the agreement. Every object that is burdened with a fiduciary guarantee must be registered at the fiduciary registration office for the birth of the fiduciary guarantee. A new fiduciary guarantee is said to be born if it has been registered so that a fiduciary certificate is issued which has executive power if in the future the debtor defaults. So that the creditor in the settlement of default is not based on a power of attorney but based on a fiduciary certificate which has the same strength as a court decision that has permanent legal force. The methodology used in this study is the normative juridical methodology and the approach used is a conceptual approach and a statutory approach. The thinking framework used is descriptive method in this study. Conclusion: Based on the consumer financing agreement issued by the consumer financing institution, it can be concluded that the consumer financing agreement does not provide a fiduciary guarantee. A fiduciary guarantee is born if the object encumbered with the fiduciary guarantee has been registered at the regional office of the Ministry of Law and Human Rights in the province. Consumer financing agreements issued by consumer financing institutions do not fulfill the principle of legal specialization of material guarantees. Based on the definition of the principle of specialization, security rights, fiduciary rights and mortgages can only be imposed on goods that have been registered in the name of a certain person. KEYWORDS:: SKMHT, Time Limit, Creditors.
The Urgency of Indonesian Notary Association (INI) in Development And Supervision of Notary Elok Sunaringtyas Mahanani; Iswi Hariyani
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38764

Abstract

Notary is a job or position that requires ethics in carrying out its authority. The code of ethics is used as a guideline for member behavior, accompanied by clear and strict sanctions for violators of the code of ethics. The notary's code of ethics aims to ensure that the notary profession operates professionally with motivation and orientation towards intellectual abilities and opinions rationally and critically and upholding moral values. This article's research type is normative juridical, with a statutory regulatory approach and a conceptual approach. Discussions on enforcement and supervision of the implementation of the Notary's professional code of ethics are carried out through the Notary's Honorary Council. Notaries feel the need for supervision to prevent possible irregularities in carrying out their positions which are not in accordance with the legal corridors and professional code of ethics as well as abuse of authority or trust given to Notaries. Conclusion Based on the description above, it can be concluded that the urgency of the Indonesian Notary Association in providing guidance and supervision aims to prevent its members from committing acts that violate the law. commit violations and comply with existing codes of ethics as an effort to maintain their honor and dignity as public officials. So the efforts carried out by INI are in several steps, namely: Guidance by related agencies, coordination and cooperation between Notaries and INI, and ongoing supervision. Law enforcement efforts are not only carried out by INI alone, but Notaries need to pay attention to what is called professional behavior which has the following elements: Have strong moral integrity, must be honest with clients and themselves (intellectual honesty), be alert regarding the limits of their authority, not solely based on monetary considerations. KEYWORDS: Urgency, Notary Association, Guidance and Supervision
Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Batal Demi Hukum: Urgensi dan alternatif membangun konsep baru perlindungan hukum bagi kreditor Piters Djajakustio
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38539

Abstract

Time limitation regarding the validity of the power of attorney to impose mortgage rights or SKMHT in Article 15 paragraph 3 and 4 of the Law on Mortgage Rights is essentially a form of legal protection by the State as outlined in a statutory regulation. However the provision on the period of SKMHT imposes a relatively short, while on the other hand, the process of obtaining a land title certificate takes a long time does not provide legal protection for creditors and potentially creditors fail to obtain collateral. The imbalance ultimately does not reflect justice for creditor. The research method in this article is normative juridical, which is legal research that places law as a building system of norms. The norm system in question is regarding the principles, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Types of normative juridical research include legal principles, namely research on written positive laws or research on legal principles that live in society, sources of law, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. This study aims to examine the urgency of developing a new concept of legal protection for creditors due to SKMHT being null and void. KEYWORDS: SKMHT, Time Limit, Creditors
Perlindungan Hukum Pemegang Saham Terhadap Tindakan Penarikan Kembali Saham Ditinjau Dari Undang-Undang Perseroan Terbatas Dimas Pasha Hafidz; Mohammad Rafi Al Farizy
Jurnal Ilmu Kenotariatan Vol. 4 No. 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.39032

Abstract

One of the corporate actions that the Company can take is to reduce capital. Reducing the capital carried out by the Company can be done in 2 ways, namely recalling shares or reducing the nominal value of shares based on Article 47 paragraph (1) of Law Number 40 of 2007. The corporate action to reduce capital must still protect the interests of shareholders. However, the provisions of Law Number 40 of 2007 are still unable to protect the interests of shareholders in terms of corporate actions to reduce capital because there is still legal ambiguity in the phrase "reasonable price" in Article 61 of Law Number 40 of 2007 and the absence of norms regarding the mechanism reduction of capital through shares with a classification that can be withdrawn. This research is a normative research that uses a statutory approach and an analytical approach. The results of this study are that there are still weaknesses in the Limited Liability Company Law, where there is no regulation regarding a fair price in a share recall transaction through a share withdrawal mechanism with a retractable classification and no explanation regarding the definition of "reasonable price" in the share recall mechanism. through shares that have been bought back by the Company. KEYWORDS: Capital Reduction, Fair Price, Shareholders.

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