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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 8 Documents
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Search results for , issue "Vol. 5 No. 2: Nov 2024" : 8 Documents clear
Tanggung Jawab Majelis Pengawas Daerah Terhadap Penyerahan Penyimpanan Protokol Notaris yang Berumur Lebih Dari 25 Tahun Nandita Mentari Nasution; Lutfina Mustafi Nadia HAM
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.47358

Abstract

The issue at hand is the storage of Notary Protocol documents that are 25 years or older, which are still held by the receiving notary. The transfer of Notary Protocol documents aged 25 years or older from the receiving notary to the Regional Supervisory Board has not been carried out to date. The reason for this non-execution of the transfer is the lack of available storage space for these Notary Protocol documents. The research methodology employed in this study is a normative juridical approach, utilizing both statutory and conceptual approaches. Data collection is conducted through literature review, with materials categorized accordingly. Once all legal materials have been gathered, they are analyzed descriptively and qualitatively, focusing on reasoning. The implementation of regulations set forth in the Notary Law cannot be carried out as instructed due to the Regional Supervisory Board's lack of a designated storage space for Notary Protocols. The accountability of the Regional Supervisory Board regarding protocol storage is crucial and significant, given the direct authority delegated by the Notary Law to the Regional Supervisory Board in storing Notary Protocols aged 25 years or older. The legal vacuum regarding sanctions applicable to the Regional Supervisory Board is a contributing factor to the Board's negligence in its responsibilities.. KEYWORDS: Regional Supervisory Council, Notary Protocol, UUJN.
Legal Certainty Regarding the Conversion of Land Certificates To An Electronic System Based On Security Principles H Holla; Rafi Salhi; Clarissa Oktaviriya Prakoso
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.52007

Abstract

The purpose of this study is to determine the regulation of conversion of land certificate issuance to electronic system, in addition to determine the legal consequences of the security principle of electronic certificates. The type of research uses normative juridical. With the Legislative and conceptual approaches. The results of the study are: 1. That in the issuance of electronic certificates through 2 stages, namely the first issuance of electronic certificates through the first land registration for land that has not been registered, the mechanism is carried out by collecting and processing physical data, proof of rights and bookkeeping, issuance of certificates, presentation of physical data and legal data and storage of general lists and documents carried out through an electronic system. Second is the issuance of replacement certificates from analog certificates to electronic certificates for land that has been registered, replacement is carried out through a request for land registration data maintenance services and replacement is carried out if the physical data and legal data in the land book and certificate are in accordance with those in the electronic system. That the policy of implementing electronic land certificates is an effort to improve land services and ensure legal certainty in an effort to provide legal protection for its owners. The benefits for the community from electronic certificates are that there is guaranteed legal certainty and it reduces land certificate disputes because the electronic certificate security system already uses encryption technology such as cryptography. KEYWORDS: Security Guarantee, Electronic Land Certificate
Kedudukan Hukum Notaris Merangkap Jabatan Sebagai Arbiter Ditinjau Dari Undang-Undang Jabatan Notaris Ister Angelia
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.52113

Abstract

As the business world develops and the world of trade develops, it cannot be denied that the possibility of disputes will arise between the parties. Then another way is known that provides the possibility for the disputing parties to bring and resolve the case that arises outside the court if they wish, namely through arbitration, where the settlement of the case is carried out by the Arbiter, by making a written agreement. This agreement is often made by a Notary, so that not a few Notaries who also serve as arbitrators. However, there is no regulation in the Notary Law that explicitly regulates Notaries who also serve as Arbitrators. The research method used is Normative Jurisprudence, the approach in this study uses a statutory approach and a conceptual approach. A Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in the Notary Law. A Notary is required to act professionally in carrying out his/her position by heeding the prohibitions contained in the provisions governing the position of the Notary. Notaries who will hold concurrent positions as arbitrators are not prohibited, because basically both positions have similarities, among others, both function to avoid further disputes between the parties, only the notary concerned needs to wisely regulate the mechanism of his work and the time that will be used due to his dual position. Notaries also need to pay attention to which legal rules bind him when carrying out one of his dual positions. So that a balance can be achieved in carrying out the dual position. KEYWORDS: Notary, Arbitrator, Arbitration, Dual Position
The Existence of Customary Law Communities Rights To Forests After the Establishment of North Lombok Regional Regulation About Recognition and Protection of Customary Law Communities I Ketut Drawi; H. M. Arba; Widodo Dwi Putro
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.51532

Abstract

Revealing the extent of the existence of customary law communities' customary rights over forests before the enactment of Regional Regulation Number 6 of 2020 concerning Recognition and Protection of Customary Law Communities; and Revealing the extent of the existence of customary law communities' customary rights over forests after the enactment of Regional Regulation Number 6 of 2020 concerning Recognition and Protection of Customary Law Communities. The discussion is first, the existence of customary law communities before the formation of North Lombok Regency regional regulation number 6 of 2020 concerning recognition and protection of customary law communities has been recognized, this is proven in various statutory regulations, namely the 1945 Constitution of the Republic of Indonesia Article 18B paragraph 1 and paragraph 2, the basic agrarian law of the Republic of Indonesia number 5 of 1960 concerning land, as well as in various other statutory regulations, however, this existence is recognized with certain limitations, namely that the Customary Law Community as long as it is still alive, the Ulayat Rights are in accordance with with the development of society, the existence of Ulayat Rights must be in accordance with the principles of the Republic of Indonesia. Second, the existence of customary law communities in North Lombok Regency was recognized after the establishment of North Lombok Regency Regional Regulation No. 6 of 2020. However, the existence of customary law communities in terms of MHA protection of customary forest areas is still very weak because the rights given are in the form of management rights. This right can be waived if faced with public interests or revoked based on certain laws. KEYWORDS: Legal Protection, Customary Rights, Customary Forests, North Lombok
Front Cover JIK Vol. 5 No. 2: Nov 2024 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.53587

Abstract

Implementation of the Article 32 of Government Regulation Number 24 of 2016 Concerning Land Deed Official Honorarium: Study at the land deed official office located in the working area in situbondo Malik Hariyanto; Prija Djatmika; Diah Aju Wisnuwardhani
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.52971

Abstract

The regulation regarding honorarium does not mention a definite amount or proportion, but only determines the upper limit preceded by the word “may not exceed” 1% (one percent) of the transaction price stated in the deed as stipulated in Article 32 paragraph (1) of Government Regulation No. 24 of 2016 amending Government Regulation No. 37 of 1998 on the Regulation of the Position of Land Deed Makers. This certainly raises problems related to the absence of certainty regarding the amount of honorarium so that it allows for differences in rates between PPATs with one another. This research was conducted with the aim of revealing whether the implementation of the determination of PPAT honorarium carried out by a PPAT at the PPAT Office located in the Working Area in Situbondo is in accordance with the provisions of Law Number 24 of 2016 Article 32 concerning PPAT Honorarium and the factors that hinder the implementation of Article 32 of Law Number 24 of 2016 concerning PPAT honorarium. This research is designed using juridical-empirical research methods. The results of this study indicate that the implementation of honorarium in Situbondo district is not fully in accordance with the provisions of Article 32 of Law Number 24 of 2016 concerning PPAT honorarium. Factors causing obstacles to the implementation of the provisions of Law Number 24 of 2016 Article 32 concerning PPAT Honorarium in Situbondo because the rules do not also provide a salary for the PPAT. KEYWORDS: Honorarium, PPAT, Deed
Back Cover JIK Vol. 5 No. 2: Nov 2024 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.53588

Abstract

Pemaknaan Klausula Menghadap Dalam Pelaksanaan Verlidjen Akta Notaril Melalui Media TeleKonfrensi di Era Digitalisasi Abelia Lovena Sae; Dewati Candraningtyastuti
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.47352

Abstract

Today's life cannot be separated from the development of science and technology such as the duties and roles of Notaries that require renewal to keep up with the times. Until now, the UUJN which has been in effect for approximately 10 years has not changed its contents. One thing that has not been regulated until now in the UUJN is regarding cyber notary. Therefore, the purpose of this writing is to analyze the interpretation of the "facing" clause on reading and signing of deeds using teleconference media in the digitalization era and to analyze the legal force of reading and signing of deeds using teleconference media reviewed based on the principles of cyber notary using normative legal research. Although the opportunity for verlijden and signing of deeds electronically in the ITE Law has been opened, this still cannot be done because there has been no change and opening of opportunities for verlijden and signing of deeds electronically in the UUJN. Reading and signing deeds with teleconference media can only be done with media registered with Kominfo namely through the Google Meets and Microsoft Teams applications or websites so that the deed is not degraded into a private deed. Special training is needed so that the obligations of a Notary continue to be run by current developments and updates to laws and regulations are required. KEYWORDS : Notary, Making Deeds, Teleconference

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