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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
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Search results for , issue "Vol. 4 No. 2: November 2023" : 6 Documents clear
Juridical Implications of the Issuance of Covernotes by A Notary as Basis of Disbursing Credit of Banking Vikriatuz Zahro; Iswi Hariyani; Iwan Rachmad Soetijono
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43761

Abstract

Notaries have the authority to make authentic deeds, apart from that notaries can also sometimes issue certificates or commonly known as covernotes. The legal consequences and limitations of liability for publishing a covernote in this case are examined. On what basis is the covernote used as the basis for credit disbursement? Because in this case it could have implications for the notary who will be involved in a legal case involving the covernote he published. The aim of writing this article is to find out, reveal and find out the notary's impression regarding the covernote he publishes. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from statutory regulations and secondary legal materials are obtained from library materials, archives and documents related to the research object. The results of the discussion show that the juridical application of covernotes is not a notarial legal product as regulated in the Law on the Position of Notaries, but is only a certificate issued at the request of the parties so that it does not give rise to rights and obligations for the parties. The covernote is a pure form of trust and moral bond from the creditor towards the notary as a public official who is neutral, independent and impartial in helping the public to support business relations transactions in the era of competitive economic development. Responsibility for the information in the covernote is the personal responsibility of the notary. KEYWORDS: Notary, Covernote, Legal Consequences.
The Legal Consequences of Heirs Not Submitting the Notary Protocol To The Regional Supervisory Board Dinda Suryo Febyanti; Fanny Tanuwijaya; Echwan Iriyanto
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43763

Abstract

The legal issue faced by heirs who do not submit a notary's protocol when a notary passes away. Although Indonesian law does not explicitly outline the responsibilities of heirs in this regard, based on this, the research subject to be examined is the legal consequences for heirs who do not submit a notary's protocol and the authority of the Regional Supervisory Board in resolving notary protocols. The research method used in this study is a notarial juridical approach, using a legislative approach and a conceptual approach to analyze the legal issues. The research findings indicate that the failure to submit a notary's protocol can have negative legal consequences. Notary protocols, considered as state archives, must be preserved and maintained by notaries, and heirs do not have legal rights to them. The duty to submit notary protocols lies with the Regional Supervisory Board for documentation processes. These protocols include agreements, deeds, acknowledgments, and legal acts performed before a notary and are not part of the notary's personal estate but belong to the state. The authority of the Regional Supervisory Board in handling the handover of notary protocols. The MPD plays a vital role in receiving reports of notary deaths, facilitating the handover process, and ensuring the preservation of protocols. However, there are no specific sanctions that the MPD can impose on heirs who fail to fulfill their obligations. This legal gap may result in violations by heirs who do not report the notary's death or fail to submit the notary protocol. Therefore, this research emphasizes the importance of establishing clear and comprehensive regulations regarding the responsibilities of heirs regarding notary protocols to ensure legal certainty and clarity for all parties involved. KEYWORDS: Legal Consequences, Heirs, Notary Protocol Submission, Regional Supervisory Board
Penggunaan Klausula Proteksi Diri Bagi Notaris Dalam Akta Partij Ditinjau Dari Undang-Undang Jabatan Notaris Misbah Imam Subari; Justicia Firdaus Kurniawan
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.44196

Abstract

Notary Public is an authorized official in making an authentic deed as referred to in Article 1 number 1 of Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position. Notarial Deed is not infrequently disputed by one of the parties or other parties because it is considered to be detrimental to its interests, so that now it is not uncommon for the Notary to be criminalized in connection with the Deed he made. This research is an Normatif jurudical research with a conceptual approach and a legislative approach. The legal material obtained in this article is then analyzed using prescriptive analytical methods. The results of the study that the use of a self-protection clause is legitimate used by the Notary, remembering that in the UUJN it does not regulate in accordance with the prohibition on using the self-protection clause. Implementation of an important self-protection clause as outlined in relation to both parties requires an identifying witness and concerns the Deed of Decision of the Meeting where the Notary is not present in person. Self protection clause can also be implemented based on Article 15 paragraph 2 letter e UUJN. KEYWORDS: Clause, Protection, Deed, Authentic.
Kepastian Hukum Akta Perubahan Badan Kredit Desa Menjadi PT. Lembaga Keuangan Mikro Mohammad Reynaldy Adam; Wiwik Wulandari
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43930

Abstract

Fulfillment of Rural Bank Regulations and Transformation of Village Credit Institutions that are Given Status into Rural Credit Banks. As regulated in Article 2 paragraph (1) which regulates that BPR provisions must be fulfilled by BKD. In reality, not all BKD practices can meet the requirements to become a BPR, because BKD does not have the status of a legal entity, but has a unique work system, namely management that is carried out in a simple and integrated manner. Operational hours are only carried out at certain times and not every day to carry out operational activities. This research uses a normative juridical method with a statutory and conceptual approach. The result of this research is the transition from BKD to LKM based on OJK regulation no. 10/POJK.03/2016 concerning compliance with BKD transition provisions has a significant impact on BKD. This regulation requires BKD to change its legal entity status. The transition of BKD to LKM in the form of PT will provide benefits in terms of legal and institutional responsibilities. As a PT, BKD has the status of a separate legal entity and is clearly regulated in statutory regulations. This ensures that BKD/LKM operates in accordance with applicable regulations and provides safe and reliable financial services to village communities. Conclusion The legal certainty of the deed in changing BKD to LKM has a legal basis which is contained in POJK 10/POJK.03/2016 and Article 4 of the LKM Law, with this legal basis the change in the deed of BKD to LKM has legal certainty and with this legal certainty, MFIs can carry out their activities which have a significant role in society. KEYWORDS: Financial Institutions, Transition, Legal Certainty, Legal Consequences.
Analysis of the Role of PPAT as a Shield in Illegal Property Transactions to Intercept the Land Mafia Hilbertus Sumplisius M. Wau; T. Keizerina Devi Azwar
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43203

Abstract

Illegal property transactions conducted by land mafias pose a serious threat to property transactions and land ownership. In this context, the role of the Land Deed Official (PPAT) plays a crucial role in preventing such illegal practices. The objective of this research is to analyze the role of PPAT as a shield in illegal property transactions carried out by land mafias. This study adopts a descriptive-analytical normative legal research approach, with secondary data as the primary source. Data collection techniques involve literature review, and data analysis focuses on identifying the modus operandi of land mafias, the role of PPAT in preventing illegal transactions, and their impact on society. The findings reveal that PPAT has the responsibility to verify documents, communicate with relevant institutions, reject suspicious transactions, and collaborate with law enforcement agencies. PPAT also plays a crucial role in educating the public and raising awareness about the dangers of land mafias. In conclusion, the role of PPAT in preventing illegal property transactions by land mafias is of utmost importance. Through stringent oversight, collaboration with relevant institutions, rejection of suspicious transactions, and public education, PPAT can act as the forefront in combating land mafia practices. By fully understanding their role, PPAT can protect the public, uphold property justice, and prevent the negative impacts caused by these illegal practices. KEYWORDS: Illegal, Land Mafia, PPAT, Property.
Tantangan Implementasi Sertipikat Tanah Elektronik di Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional Republik Indonesia Kurnia Rheza Randy Adinegoro
Jurnal Ilmu Kenotariatan Vol. 4 No. 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.41314

Abstract

The development of technology and communication systems in the world is currently growing rapidly. This technological advancement brings various impact changes. All sectors in life are starting to be touched by digital transformation, both in the private sector and the public sector. One of the public sector service providers in the field of land, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has responded positively to digital transformation. This is realized by transforming land services, one of which is the transformation of Land Rights Certificates which were previously carried out conventionally to be transformed electronically. This research method is a normative juridical research method, namely a method that is carried out by studying and analyzing laws and regulations or other legal documents that are relevant to the problem to be studied. The data collection model is based on library research. This study tries to describe descriptively how the terminology of legal regulation regarding electronic certificates. The following discussion discusses the challenges of implementing electronic certificates and how the settlement efforts are carried out by the Ministry of ATR/BPN The results of this study found several challenges in implementing electronic certificates. These challenges include Infrastructure, Limited Community Capacity, Cyber Security, Digital Literacy Gaps and Data Privacy Issues. This paper also discusses the response of the ATR/BPN Ministry in facing these implementation challenges. KEYWORDS: Land Certificate, Electronic Land Certificate, Digital Transformation.

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