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International Significance of Notary
Published by Universitas Islam Malang
ISSN : -     EISSN : 30253993     DOI : https://doi.org/10.33474/SIGN.v7i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
International Significance of Notary is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in several notary laws, particularly in developing and emerging countries. These may include but are not limited to various fields such as notarial, civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 129 Documents
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Consequences Of Defense For The Parties In The Agreement To Surrender The Position Of General Chairman Of The Sukabumi Young Man Association Football Club 1928 (Study Decision Number 38/Pdt.G/2021/Pn.Skb) Sunardi, Sunardi; Rokhim, Abdul; Rizka Maulidina, Sonia
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24401

Abstract

Abstract : Klup YMA 28 is a Klup in Sukabumi, but in advancing football the management borrowed money from a 3rd party and caused a lawsuit in court which was considered by one of the parties to be in default in handing over his position. This research is nurmative research and research results of legal consequences for parties who violate the agreement (default) handing over the position of general chairman of Yma Sukabumi Football Club 1928 based on decision number 38/Pdt.G/2021/Pn.Skb according to civil lawThe results of the author's analysis show that the agreement is legally valid, but does not meet the requirements for the validity of an agreement, namely the dictum regarding what was agreed in the Agreement Letter Number: 20190049/SMI/SP/X/2019 made by the Plaintiff and Defendant is something that is not clear, Is there an agreement regarding coaching money (article 3) or the issue of the position of general chairman (article 4) and in the agreement there is no article that explains the specific rights and obligations that must be fulfilled by the parties. However, the Mandate Letter Number: 20190058/MAN/SURMAN/X/2019 does not explain the object of the agreement in the mandate letter, what will be given by the Defendant as the first party and what will be obtained by the Plaintiff as the second party or not. explain the rights and obligations of the parties in the mandate letter. Apart from that, the Panel of Judges assessed that the agreement and mandate letter made between the Plaintiff and the Defendant did not have a clear or vague agreement object, so that the agreement and mandate letter did not fulfill the third requirement of Article 1320 of the Civil Code. So the lawsuit is deemed not to meet the requirements for the validity of an agreement so that the legal consequence is that the agreement is invalid and the defendant is obliged to return the construction money to the plaintiff because it is borrowed money. And the binding force of the agreement to hand over the position of general chairman of the YMA Sukabumi Football Club 1928 is linked to the principle of freedom of contract. with the management of the YMA football club in coaching and are free to contract with anyone, however, in making the terms of an agreement so that it is binding, the parties must be guided by article 1320 of the Civil Code and there are clauses regarding default and fulfillment of achievements and resolving disputes. So that if a dispute or dispute occurs, a judge can provide a sense of justice for those who desire it.Keywords, Agreement, Default, Court Decision,
Juridical Analysis Of The Rights Of Adopted Children To The Inheritance Of A Husband And Wife Couple Who Have No Descendants Based On Islamic Inheritance Law And Ruling In Case Number 233/Pdt.P/2021/Pa.Msa Paramita, Indah
International Significance of Notary Vol 6, No 1 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i1.25925

Abstract

Abstract: The family has the most important role in human life as a social creature and is a small community group, consisting of a father, mother and children. However, not all wishes are fulfilled, because sometimes there are families who do not have family members, whether due to health reasons or because it has not been granted by the Almighty, so that an adopted child is adopted (adoption). This research has 2 (two) problem formulations, namely (1) What can be classified as inheritance and who gets inheritance from married couples who have no children? (2) How is inheritance distributed to adopted children whose adoptive parents do not abandon the child according to Islamic inheritance and the decision in case Number 233/Pdt.P/2021/PA.Msa? The type of research used in this research is normative research. This research uses a statutory approach and a conceptual approach. The results of research on the rights of adopted children to inherit from a husband and wife who have no offspring based on Islamic inheritance law and Decision Number 233/Pdt.P/2021/PA.Msa. As for inheritance issues, adopted children do not inherit but are only entitled to receive 1/3 of their adoptive parents' assets.
Legality Of Land Certificate Issued By Village Head As The Basis For Land Sale And Purchase Transaction Bima Bagaskara, Arga Nanda
International Significance of Notary Vol 4, No 1 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i1.24341

Abstract

Abstract : The village head  is the highest stakeholder in the  village community  where the authority  to decide a   community problem is in  the hands  of the village head. One of  these authorities is to resolve land allergy   problems  arising from  disputes, overlapping  ownership or other  problems arising from  misunderstandings The community in understanding the land problem.  This research has 2 (two)  problem formulations, namely (1) Can the   deed under  hand be used as the basis for issuing a certificate? (2) What is the  basis for a land certificate to  have legal force for the  landowner? The type of research  used in this  study is normative  research  , this   research uses a  statutory approach (statute approach) and   a comparative approach approach (comparative approach).  The results  of  this study are the  legal basis for the authority of the   village head in issuing  land certificates  and fungsi  land certificates as evidence of   guidance legal ownership of land.Keywords:  village head, land certificate, land issue.
Legal Protection for Lessees for Lease Agreements for Buildings on Land with Third Party Ownership (Study of Lease Agreements for Hasaka Villa Canggu) Ariyanti, Harum; Navisa, Fitria Dewi; Sunardi, Sunardi
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22171

Abstract

The implementation of leasing in practice in Bali is leasing which is carried out on land owned by third parties. The problems in this study are related to whether or not PT. Marelti Karya Indonesia entered into a lease agreement for the land and building of Hasaka Villa Canggu which is located on land owned by Ni Luh Kordi. The results of this study indicate that Hasaka Villa Canggu has the right to enter into a rental agreement for a villa building located on private land that is under the control of Ni Luh Kordi to a third party if prior written approval has been obtained from Ni Luh Kordi. which contains that Ni Luh Kordi agrees to give approval to Hasana Villa Cangu to be able to build a building in the form of a villa and in the future lease the villa building to a third party for a certain period of time which is no longer than the lease term of the land. lease agreement made between PT. Marelti Karya Indonesia as the party that leases the Hasaka Villa Canggu which has not yet been built is legal according to the law because it has fulfilled the legal terms of the agreement as stipulated in Article 1320 of the Civil Code. This can happen if prior written approval has been obtained from Ni Luh Kordi which contains that Ni Luh Kordi agrees to give approval to Hasana Villa Cangu to be able to build a building in the form of a villa and in the future lease the villa building to a third party in certain period of time which is no longer than the term of land lease from Hasana Villa Cangu to Ni Luh Kordi. Legal protection can be given to parties who are disadvantaged as a result of defaults on lease agreements on land and buildings. Parties who are harmed by default can ask for money in the nominal amount of the loss caused by default. The next legal protection can be carried out if it turns out that Hasana Villa Cangu has not received written approval from the land owner to be able to lease back Hasana Villa Cangu, then the act committed by Hasana Villa Cangu is classified as an illegal act. Therefore, the agreement made between Hasana Villa Cangu and the lessee does not fulfill the objective legal requirements of the agreement, namely in the form of a halal cause. Therefore, the agreement has legal consequences, namely in the form of null and void, therefore the injured party can ask for compensation from the opposing party in accordance with the nominal loss for the void agreement as explained above. Keywords: Legal Protection; Lease Agreements for Buildings on Land with Third Party Ownership.
Developer's Responsibility To Banks And Customers In Home Ownership Credit (Kpr) Agreements With Buy Back Guarantees Puspita, Ratna
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24396

Abstract

Abstract : Buy back guarantee  is a guarantee from the developer for mortgage repayment provided by the bank to customers / debtors by  buying back housing units purchased by buyers  / customers. In practice,  the buyback made by  the developer from the bank is in accordance with the remaining debt(outstanding) of the last home ownership loan  in the bank. This means  that the buy back guarantee made by the developer is the price of the house  at the time of purchase minus the down payment cost of the house that has  been received by the developer and the installment of home ownership loans that have been received by the  bank  from customers.  The purpose of this study is to analyze the developer's responsibility to banks that provide Home Ownership Loans (KPR) to customers with  a buy back guarantee  and to  analyze the legal protection of customers in buying back guarantees for down payments that have been paid to  developers and credit installments that have been paid to banks.  This research uses  normative juridical research methods or  doctrinal legal research,  namely research that emphasizes the analysis of legal issues by using legal  principles, laws and literature materials related to the legal issues researched and analyzed in this study.The result of this study is the developer's responsibility for banks that provide Home Ownership Loans (KPR) to customers with a buy-back guarantee guarantee is to  carry out a buyback of the house that is collateral by paying the remaining  debt from the customer to the bank. Legal protection for customers  in buying back guarantees for advances that have been paid to developers  and credit installments that have been paid to banks has not been regulated in the legislation, so that  the status of advances in the event of cancellation of the agreement (default) by the buyer is the buyer / customer Cannot ask for back the down payment that has been given to the seller. In addition, the developer only returns  to the buyer/customer the  mortgage installment money that the buyer/customer has paid to the bank, because it is considered a customer's risk as a defaulting debtor.Keywords : Responsibility, Home Ownership Credit, Buy Back Guarantee
Parate Execution of Dependent Rights Categorized as Unlawful Acts Kusuma Wardhani, Zakiya
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.24407

Abstract

Abstract : The purpose of this study is to analyze how the implementation of parate execution of dependent rights according to Law Number 4 of 1996 concerning Dependent Rights and why parate execution of dependent rights carried out without permission from the District Court is categorized as unlawful acts.   The method used in this study is using normative juridical research methods, using legal approaches and conceptual approaches. The results of this study show that: first, the implementation of parate execution of collateral auctions bound by dependent rights based on Chapter 1 number 28, Chapter 44 paragraphs (1), (2), (3), (4) and Chapter 45 of the Minister of Finance Regulation Number: 27 / PMK.06 / 2016 dated February 22, 2016 concerning Auction Implementation Guidelines for parate auctions of collateral rights execution based on the Law on Dependent Rights,  There is an "unlawful act" in determining the price limit value of the goods auctioned, if the implementation is not in accordance with applicable laws and regulations. Second, the execution of dependent rights carried out without the approval of the District Court is categorized as an unlawful act,  this refers to the Decision of the Supreme Court of the Republic of Indonesia No. 3201 K / Pdt / 1984 dated January 30, 1986 which affirms that "parate execution carried out without seeking the approval of the District Court even though it is based on Chapter 1178 paragraph (2) of the Civil Code is an unlawful act and auction that done is void". This is also based on SEMA Number 7 of 2012 which states that although the creditor has held the right of dependent, which means the value  of the execution rate, but if the creditor will carry out execution, it must go through  the permission of the Chairman of the District Court, not directly to the Auction Office. If it is done directly to the Auction Office, but the debtor is not willing to vacate the auction object, then the Chief Justice of the District Court is prohibited from executing the emptying of the auction object.Keywords: Parate Executions, Rights of Dependents,
Juridical Review of The Power Consent Act as Replacement of The Seller's Presence In The Act of Sale and Purchase Zastis, El Ha; Rokhim, Abdul; Sunardi, Sunardi
International Significance of Notary Vol 4, No 1 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i1.21768

Abstract

: Power of attorney is a necessity that cannot be avoided in the era of rapid economic progress in Indonesia today. People who will do a sale and purchase of land or property they have of course in good faith, then the sale and purchase must be done with a proof such as an authentic deed. An authentic deed can be obtained if a sale and purchase is carried out by and in the presence, of an authorized official, the land deed making officer (PPAT). Furthermore, if there are parties who cannot sign the AJB, then the power of Attorney becomes the easiest and most efficient solution. The seller who cannot attend an AJB submission in front of PPAT can authorize the person he trusts to act as a substitute for the seller signing the AJB and this can protect the legal interests of thebuyer as well. This study aims to review from sisi the juridical side regarding : (1) What are the legal consequences if the deed of sale and purchase (AJB) is signed by the donee based on the deed of consent of the seller? (2) What is the legal protection for the land deed-making officer (PPAT) who makes a deed of sale and purchase (AJB) signed by another person based on the power of Attorney agreement from the seller? This research method uses yuridis normative juridical approach using legislation and conceptual approach. The results of this study indicate that: first, juridically the deed of approval of the power of attorney used by the donee as a substitute for the presence of the seller is not in violation of the law and legitimate existence as long as its form is an authentic deed and is made in accordance with the provisions of the authentic deed, second, that is perfect evidence for legal protection for the PPAT, the existence of the power of Attorney approval deed and the making of AJB is true according to the authentic deed making protocol otentik. Keywords: Sale Deed and Purchase, Authority Approval Act, Land Deed Office
DEGRADATION OF WILLS OF WILLS FROM AUTHENTIC DEEDS BECOME PRIVATE LETTER BASED ON COURT DECISIONS AND IMPLEMENTATION OF IMPLEMENTATION IN THE DIVISION OF INHERITED ASSETS (Case Study of Supreme Court Decision Number: 3466 K/Pdt/2016 Sunardi, Sunardi; Muhibbin, Moh.; Wanura, Gabriel Ibrizul
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22176

Abstract

An authentic deed if the making is not in accordance with the statutory provisions of Law No. 2 of 2014 concerning the Position of Notary Public and the Civil Code, then the deed can be null and void by law, can be canceled or even the deed has decreased strength of evidence to become a private letter or in other words experiencing deed degradation.Formulation of the problem How Does the Degradation of Deeds of Wills Happen From Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. And what is the impact and application of the inheritance from the deed of testamentary grants after experiencing degradation from an authentic deed to a private letter.In writing this thesis using normative research methods. The results of the research were the Degradation of Wills and Grants Deeds from Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. Because in making a deed it does not meet the formal and material requirements and is contrary to the laws and regulations of Law no. 2 of 2014 and the Civil Code, especially Articles 1868 and 1869 of the Civil Code that apply. This resulted in the authentication of the deed as perfect evidence not occurring so that it became an underhanded deed. in the case at the Supreme Court with case number 3466 K/PDT/2016, that the Deed of Willing Grant (legaat) Number 6 dated 9 December 2005 made before Sigit Siswanto, S.H., Notary in Depok City has been proven not to comply with the provisions of the Law on Notary Position in its making and has complied with the provisions in Article 1868 and Article 1869 of the Civil Code, which causes the legal deed to become a private letter.The Impact of Application of Inheritance From Deeds of Wills After Experiencing Degradation from Authentic Deeds to Underhanded Letters. As a result of the deed becoming a deed under the hand In the distribution of inheritance from a testamentary grant, additional evidence is needed so that the distribution of the inheritance from a will can be carried out. Based on the case in the case at the Supreme Court with case number 3466 K/PDT/2016 due to the Deed of Statement Number 6 dated 8 October 2007 made before Theresia Siti Rahayu, S.H. Notary in Jakarta, and strengthened by a sufficiently stamped statement dated October 8, 2007 which was made privately by the plaintiff, which essentially stated that the defendant was subject to the Deed of Wills and Grants. In accordance with Article 1875 of the Civil Code, that if an underhanded letter is recognized or legally justified, in this case with the presence of other evidence, it will cause complete proof such as an Authentic Deed or become perfect proof.Keywords: Authentic Deed, Under Hand, Will Grant.
Legal Protection of Notaries Who Are Suspected (Study of Decision N0.17/PID. PRA/2022/PN. Mdn) Hoiriyah, Hoiriyah
International Significance of Notary Vol 4, No 2 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i2.24354

Abstract

Abstract: Legal protection  for notaries who are indicated criminal  acts  in connection with the authentic deed they make.  Public prosecutors and   judges generally apply certain articles in the Criminal Code (KUHP)  to drag notaries into criminal cases because Law Number 2 of 2014 concerning Notary Positions (UUJN) does not contain concepts  and systems at all   Notary criminal liability. The notary office  is a public office because notaries are  appointed and dismissed by the government. Notaries perform state  duties  and the deed they make, namely minuta (original deed), is a state document. In Indonesia, a notary is referred to as a General Officer because he is numbered and dismissed by the  general power (government) and  is given the authority and  obligation to serve the public in certain matters, and therefore he participates in exercising  the authority  of  the government. conclusion that legal protection of Notaries is dalam carrying out the  duties of  his office as a General Officer can be seen in several instruments that reflect notary privileges, including the right of  denial, the  obligation of denial and the  right of exclusivity when summoned for questioning  information by investigators,  public prosecutors or judges, which must be with the  approval of the Regional Notary Honor Council. Keywords: Legal protection, Notary, Criminal act, Authentic deed, Legal consequences
Creation Of Fake Authentic Deeds By A Notary Which Harms Others Malinda, Rizka Saraswati; Sunardi, Sunardi
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25931

Abstract

Abstract : Bad faith includes acts of fraud, a series of misleading others, as well as behavior that ignores legal obligations in order to gain profit. Not a few notaries experience problems in connection with deeds they have made which are declared to be private deeds or become null and void by a court decision as a result of legal defects found in their making. What are the Responsibilities of Notaries for the Contents of Authentic Deeds Made Based on Fake Documents, What are the Legal Consequences of Notarial Deeds Based on Fake Documents. As is known, a person can only be sentenced to a crime if his or her actions meet all the elements of a criminal act formulated in the Articles of the Criminal Law, which is a normative requirement that must be fulfilled if a person can be punished for committing a criminal act, that is, the act must be proven to match all the elements of a criminal act. Sanctions are a coercive tool, apart from punishment, also for complying with provisions stipulated in regulations or agreements. Sanctions are also interpreted as a coercive tool as punishment for disobeying an agreement. A notary can be involved in a criminal case and he can even be held criminally liable if he violates what according to law includes prohibited elements. When it comes to notaries who are asked to be held responsible, a question arises, namely in what way a notary who makes a deed based on false information will be asked to be held criminally responsible if he makes a deed based on false information. The case that occurred in 2023 was that a Notary practicing in the city of Bekasi was legally and convincingly proven guilty of committing the crime of "falsifying authentic documents", Decision Number 933 K/Pid/2023 Bekasi District Court. The Defendant's actions are regulated and punishable by Article 264 paragraph (1) of the Criminal Code which states "Forgery of Documents is punishable by Eight Years' Imprisonment if committed against Authentic Deeds". A Notarial Deed which has perfect evidentiary power, but if it violates certain provisions, its evidentiary value will be degraded to having the evidentiary power as a private deed, the position of a Notarial Deed which then has the evidentiary power as a private deed is an assessment of a piece of evidence. If a deed is declared null and void, the deed is deemed to have never existed or was never made, something that has never been made cannot be used as the basis for a claim in the form of reimbursement of costs, compensation and interest. Thus, a Notarial deed that is void by law should not have the effect of providing reimbursement of costs, compensation or interest to the party mentioned in the deed.

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