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Officium Notarium
Published by Universitas Islam Indonesia
ISSN : 27765458     EISSN : 28082613     DOI : 10.20885/JON
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Officium Notarium adalah jurnal yang diterbitkan oleh program Magister Kenotariatan, Fakultas Hukum Universitas Islam Indonesia. Jurnal Officium Notarium mulai tahun 2021 terbit tiga kali dalam satu tahun (April, Agustus dan Desember). Jurnal ini adalah media komunikasi dan pengembangan ilmu. Redaksi menerima naskah artikel laporan hasil penelitian dari mahasiswa, akademisi maupun praktisi, sepanjang relevan dengan misi redaksi.Diantaranya masalah yang terkait dengan undang-undang dan peraturan Notaris Indonesia dan negara lain, hukum kontrak, hukum pertanahan, hukum administrasi, kode etik profesi, dan hukum Islam yang terkait dengan topik ini, dll. We are interested in topics which cover issues in Notarial related law and regulations Indonesia and other countries. Articles submitted might included topical issues in contract law, security law, land law, Administrative Law, Etical codes of Profession, acts and legal documents, and Islamic law related to these topics, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 4 No. 2: NOVEMBER 2024" : 10 Documents clear
Tantangan Hukum Aset Kripto Terhadap Penggunaan Telegram Wallet di Indonesia Gunawan, Imam
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art1

Abstract

Technological innovation, especially in the economic sector, has introduced cryptocurrency as a digital payment tool that has replaced physical money and the use of Telegram Wallet. This article examines the legal challenges faced in Indonesia in the use of Telegram Wallet which functions as a cryptocurrency transaction platform even though cryptocurrency in Indonesia was initially only recognized as a futures commodity asset, not as a means of payment. The purpose of the study is to identify the legal problems of crypto assets contained in the Telegram application, namely wallets, both in terms of potential and the resulting impacts. The research method used is normative research with a legislative approach and a conceptual approach. Data were collected through literature studies covering primary legal materials and secondary legal materials. The discussion of this study highlights the legal complexities related to Telegram Wallet, starting from licensing issues as a physical trader of crypto assets, intervention of the role of social media with crypto asset transaction platforms, and legal protection, both consumer protection and personal data protection. The results of the study are that the legal challenges of crypto assets faced will provide problems in the future because regulations are inadequate, both Telegram's position as an organizer of an electronic social media system as an organizer of crypto asset trading and legal protection for users. Therefore, there is a need for recommendations for better regulatory integration and strengthening of legal supervision to avoid potential misuse and crimes that occur in crypto asset transactions on Telegram Wallet.Keywords: Crypto Assets, Cryptocurrency, Telegram, Telegram Wallet AbstrakInovasi teknologi khususnya dalam bidang perekonomian telah memperkenalkan cryptocurrency sebagai alat pembayaran digital menggantikan uang fisik serta penggunaan Telegram Wallet. Penelitian ini mengkaji tantangan hukum yang dihadapi di Indonesia dalam penggunaan Telegram Wallet yang berfungsi sebagai platform transaksi cryptocurrency meskipun cryptocurrency di Indonesia awalnya hanya diakui sebagai aset komoditi berjangka bukan sebagai alat pembayaran. Tujuan penelitian adalah mengidentifikasi masalah hukum aset kripto yang terdapat pada aplikasi Telegram, yaitu wallet baik secara potensi maupun dampak yang dihasilkan. Metode penelitian yang digunakan adalah penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Data dikumpulkan melalui studi kepustakan yang mencakup bahan hukum primer dan bahan hukum sekunder. Pembahasan penelitian ini menyoroti kompleksitas hukum terkait Telegram Wallet mulai dari masalah perizinan sebagai pedagang fisik aset kripto, intervensi peran media sosial dengan platform transaksi aset kripto, dan pelindungan hukum baik pelindungan konsumen dan pelindungan data pribadi. Hasil penelitian adalah tantangan hukum aset kripto yang dihadapi akan memberikan problematika di masa depan karena regulasi belum memadai baik kedudukan Telegram sebagai penyelenggara sistem elektronik media sosial sebagai penyelenggara perdagangan aset kripto maupun pelindungan hukum bagi para pengguna. Oleh karena itu, perlunya rekomendasi dalam integrasi regulasi yang lebih baik dan penguatan pengawasan hukum agar menghindari potensi penyalahgunaan dan kejahatan yang terjadi dalam transaksi aset kripto di Telegram Wallet.Kata kunci: Aset Kripto, Cryptocurrency, Telegram, Telegram Wallet
Tinjauan Hukum Kesesuaian Pelaksanaan Yayasan Dengan Undang-Undang Yayasan Ilma, Natasya Nurul
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art4

Abstract

The implementation of foundations in Indonesia must comply with applicable laws. The problems formulated in this research are: how the implementation of foundations in practice must comply with the Foundation Law, and what is the role of notaries in the creation of deeds related to foundations. This research employs a normative juridical methodology, utilizing both statutory and case approaches. The data is analyzed using a qualitative descriptive method, grounded in the theories of legal validity, legal certainty, and legal protection. The findings of this study indicate that, first, the practical implementation of foundations remains inconsistent with and, in some cases, contrary to the mandates of the Law on Foundations. This is evidenced by the existence of instruments such as powers of attorney for branch operations, deeds reaffirming resolutions of the foundation's board of supervisors, and interventions by parties external to the foundation's statutory organs. Second, with regard to the role of notaries in the preparation of deeds relating to foundations, notaries are legally obligated to provide legal counseling to parties appearing before them, as stipulated in Article 15 paragraph (2) letter e and Article 16 paragraph (1) letter a of the Indonesian Notary Law (UUJN). This obligation ensures the protection of the parties' interests in legal acts formalized in notarial deeds. Furthermore, notaries are required to fulfill all formal aspects of deed preparation to ensure material accuracy and adherence to prevailing legal norms.
Pelayanan Hak Tanggungan Elektronik Pasca Terbitnya Permen ATR/BPN Nomor 5 Tahun 2020 Pada Kantor Pertanahan Kota Yogyakarta Wiyandari, Nur
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art5

Abstract

Restructuring digitization of land offices is a demand in the development of digital transformation which has consequences related to the authority and responsibilities of the ATR/BPN ministry to respond to challenges in the field of information technology, one of which is the implementation of mortgage rights electronically. Therefore, an interest arose for the author to conduct research with a focus on, among other things: first, Electronic Mortgage Services after the entry into force of the ATR/BPN Ministerial Regulation Number 5 of 2020 Concerning Electronic Integrated Mortgage Services at the Yogyakarta City Land Office has been carried out according to the rules, second, what are the obstacles encountered by the Yogyakarta City Land Office and the solutions to these obstacles. The results of this study were: first, the implementation of HT-el at the Yogyakarta City Land Office by the Regulation of the Minister of ATR/Head of BPN Number 5 of 2020. Starting from work validating data, and ending verifying files. Second, the obstacle faced by the Yogyakarta City Land Office are from the PPAT, bank, and the Yogyakarta City Land Office. What often happens is a problem with a server error, then if the Mortgage can sometimes exceed the allotted time, the fee that has been paid to the Land Office cannot be returned. However, with the issuance of this Ministerial Regulation, in the event of an emergency (force majeure), the money that has been paid can be returned.
Tanggung Jawab Pemegang Protokol Notaris Dalam Mengeluarkan Salinan Minuta Akta Yang Terdegradasi Hasan, Rohmat Esa
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art6

Abstract

This thesis aims to find out the responsibility of the Notary protocol holder in issuing a degraded copy of the minuta deed. The problem formulated in this study is first how the actions of a notary holding a notary protocol in issuing a minute copy of an incomplete notarial deed are signed by the parties at the minute of the deed, second. What are the responsibilities of the notary protocol holder in issuing a minute copy of the incomplete notarial deed signed by the parties when requesting a deed. This type of research is normative law with statutory and conceptual approaches. The results of this study indicate that first, the actions of a Notary holding a Notary protocol that should be taken is not issuing a copy of the Notary's deed, because the deed is not an authentic deed as referred to as the UUJN, therefore the Notary holding the Notary protocol is not authorized to issue a copy of the deed, but can only make a photocopy according to the original of the deed made by a Notary who submits the Notary's protocol. Second, if the Notary issues a copy of the deed that has not been completely signed by the parties, they may be subject to criminal sanctions for stating on the copy that the deed has been signed perfectly, it can be said that making a false statement. The first suggestion is that the Notary holding the Notary protocol in handing over the Notary protocol must examine carefully at the time of handing over the Notary protocol. Second, the Notary holding the Notary protocol should never issue a copy of the deed that has not been signed by the parties because it can be subject to criminal sanctions.
Analisis Putusan Pengadilan Tinggi Makassar Nomor 105/PDT/2022/PT.MKS Terhadap Eksekusi Hak Tanggungan Kreditur Sadono, Awang Hardian
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art9

Abstract

One of the government's policies in the banking world is the implementation of credit provision which carries a risk of failure or congestion in credit repayment. To anticipate these risks, guarantees are needed. In banking practice, the issue of collateral is important because collateral is protection for creditors such as banks and is a form of the debtor's seriousness in fulfilling his obligations in repaying credit. The use of land as collateral for credit is based on the consideration that land is the safest and has relatively high economic value and can be tied to mortgage rights and clear and certain execution so that the funds that have been spent can immediately be returned to the creditor (bank), and these funds can be used in turnover. economic wheels. However, in practice, all the conveniences and advantages of the Mortgage Rights execution process based on Article 6 of the Mortgage Rights Law cannot always be utilized by banks as an alternative for resolving problem loans guaranteed by Mortgage Rights. There are many problematic factors that cause the mortgage rights execution process to not run as it should. The factors of this problem include various things, including the incompatibility of the legal substance of the Mortgage Rights Law which regulates the mortgage rights execution process itself, the actions and paradigms of law enforcement officials, as well as the legal culture that exists in society, including the paradigm of the debtor as the executed party. Mortgage right. This research aims to examine and analyze the process of executing Mortgage Rights in court and the considerations of the Panel of Judges in deciding the case. From the research results, it can be stated that the basis used by the judge in deciding the case is in accordance with the applicable regulations, however, in resolving bad credit itself, it would be better if you used the 3R alternative (rescheduling, reconditioning, restructuring) before carrying out the mortgage rights execution process. which then ends up in court or through judicial channels.
Konsekuensi Yuridis Penyelesaian Kredit Macet dengan Proses AYDA (Agunan Yang Diambil Alih) oleh Bank Berdasarkan Undang-Undang Hak Tanggungan Wulandari, Fitria Ajeng
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art7

Abstract

Banks often encounter obstacles in providing credit to debtors, such as bad debts. One solution to bad debts is for banks to take over collateral by purchasing the collateral and then reselling it to another party. There is a potential conflict between the Banking Law and the Mortgage Law, as the Mortgage Law only regulates collateral execution through general customers. If AYDA is carried out without an auction and without the debtor's consent, this could violate the principles of publicity and legal certainty. The type of research used is normative juridical, whose object is legal norms. The approach method used is a conceptual and regulatory approach, using primary, secondary, and tertiary legal materials collected through literature studies and analyzed qualitatively. The process of the Assumed Collateral (AYDA) can be considered null and void by law because the agreement to voluntarily hand over the collateral which is the basis for the Assumed Collateral (AYDA) does not comply with the fourth condition for the validity of an agreement as stipulated in Article 1320 of the Civil Code, namely "the existence of a lawful cause" because it is contrary to Article 12 and 20 paragraph (4) of the Mortgage Law.
Akibat Hukum Akta Notaris Yang Tidak Memenuhi Pasal 38 Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris Anhar, Hanifah Indriyani
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art8

Abstract

The actions of Notary and PPAT officials must comply with the provisions of Article 38 of the UUJN-P, not only regarding the certainty of the date but also the numbering. However, in case No. 530/Pdt.G/2016/PN. Dps. states that the actions are contrary to Article 15 paragraph 1 of Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary. This research includes normative legal research. Data collection or processing techniques that support and are related to this research are document studies. The approach used in legal research that will be carried out is a statutory approach. Analysis of legal materials using qualitative descriptive methods, all collected data is analyzed qualitatively with an inductive nature. The legal consequences of a notarial deed that does not comply with the provisions of Article 38 UUJN are that the deed has evidentiary value as a private deed and if any of the parties does not recognize the deed, it makes the deed null and void because it does not comply with Article 1320. The Notary's responsibility is not fulfilled for a notarial deed made not based on Article 38 UUJN, the Notary is responsible for carrying out obligations, fulfilling the agreement in the peace, completing the deed process with the applicable procedures and legal regulations based on UUJN by immediately giving a number and date to the deed of sale and purchase agreement and the deed of power of attorney to sell.
Implikasi Hukum Dalam Membuat Akta Jaminan Hutang Berdasarkan Surat Keputusan Pegawai Negeri Sipil Yang Statusnya Diberhentikan Wirawan, Sherin Nisa
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art10

Abstract

This study was conducted to determine the opportunities for financing institutions to provide credit facilities in making debt guarantee deeds based on the decree of dismissed civil servants. How are the legal implications of making debt guarantee deeds based on the decree of dismissed civil servants? Second, how is the legal protection of creditors due to debt guarantee deeds based on the decree of dismissed civil servants? This study uses a normative method that examines laws and regulations relevant to the problem studied and interviews with financing institutions as the authorities in resolving obstructed credit problems. The results of the study indicate that the legal implications of making debt guarantee deeds based on the decree of dismissed civil servants are that they cause creditors to suffer losses if the credit is paid in default or not smoothly. Second, creditors provide legal protection by adding collateral so that debtors are more obedient in performing their obligations.
Penyusunan Akta Perjanjian Elektronik dalam Hukum Keperdataan: Peran Notaris dan Tanggung Jawab Hukum Juliani, Amelia Dwi
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art2

Abstract

The drafting of electronic agreements in civil law in Indonesia is increasingly relevant with the rapid development of information technology and digitalization of legal services. This has been accommodated through Law Number 11 of 2008 concerning Electronic Information and Transactions, which has been amended through Law Number 19 of 2016 and most recently by Law Number 1 of 2024. Despite having a legal basis, the implementation of electronic deeds still faces various significant challenges, especially in terms of validity, authentication, and legal protection for the parties involved. The problem formulation in this study is to examine the responsibilities and roles of notaries in the drafting of electronic agreements. This article aims to examine in depth the role of notaries in the drafting of electronic agreements, as well as the legal responsibilities inherent in notaries as public officials who guarantee legal certainty and protection. This research uses a normative juridical approach by analyzing relevant regulations, including Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. The role of a notary in electronic agreements includes identity verification, the authenticity of electronic signatures, transaction process supervision, and maintaining the integrity of electronic data. A notary's legal responsibilities include data confidentiality, electronic system security, and the legal validity of the agreement. Therefore, more detailed regulations, education for notaries, and strengthened oversight are needed to ensure the continuity of the electronic deed system in civil law in Indonesia
Analisis Hukum terhadap Akta Jual Beli Tanah yang Tidak Didaftarkan ke Badan Pertanahan Nasional Mandigani, Adisa Indira
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art3

Abstract

Land is a strategically valuable asset in Indonesian society, both socially, economically, and legally. One of the most common forms of land transfer is through sale and purchase. Although the Basic Agrarian Law and Government Regulation No. 24 of 1997 require registration of every transfer of rights to be legally valid, in practice, many sales and purchase transactions only proceed with the issuance of a Deed of Sale and Purchase (AJB) by the Land Deed Official (PPAT), without further registration with the National Land Agency (BPN). This situation raises serious legal issues, because without registration, land rights are not legally transferred and buyers do not receive adequate protection. The problem formulation in this study is the legal status of land sale and purchase deeds that are not registered with the BPN and what are the legal consequences for the parties of such unregistered land sale and purchase deeds. The study uses a normative juridical method through a review of laws and regulations, legal doctrine, and other related provisions. The results show that unregistered AJBs do not have constitutive force in the Indonesian land law system. Buyers lose legal protection and are vulnerable to disputes, and cannot legally transfer, inherit, or pledge the land. Therefore, the title registration system places registration as a prerequisite for legal transfer of rights. Therefore, strengthening regulations, oversight, and education is necessary to raise awareness of the importance of registration in every land transaction.

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