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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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Implementation Of The Inclusion Of A Self-Protection Clause In The Production Of A Notarial Deed (Study At The Notary Office Of Dimitri Danang Sawitrawan, S.H., M.Kn.) Verahardianti Putri, Zulfa
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.v5i2.24408

Abstract

Abstract : Notaries have a very important role in making deeds, because notaries have been appointed by law to make these deeds. In carrying out the duties of his position, especially in the process of compiling and making deeds, he is obliged to pay attention to the applicable legal corridor, namely UUJN. However, in reality, even though a notary has carried out his duties, obligations and authority well, in the process the notary is often involved in the parties' problems. So in this case, as a form of prevention, the Notary includes a self-protection clause in the deed he makes as a form of self-protection. In this case, the formulation of the problem in this research is as follows: (1) how to implement the inclusion of a self-protection clause in notarial deeds and (2) what form of legal protection is given to notaries for clients who do not respect the notary's self-protection clause. This research is included in empirical research using a qualitative research approach. The data collection techniques are by means of interviews and also observation. The research location is at the Notary Office of Dimitri Danang Sawitrawan, S.H., M.Kn (Notary in Malang City). In this research there are the following conclusions: (1) In this case what needs to be underlined is that the Notary is not a party to the deed that the parties make before the Notary, so even if a dispute occurs between them the Notary should not be involved in any way. With the position of a Notary as such, if a Notary's deed is disputed, then the Notary's position remains not as a party or who participates or assists the parties in qualifying for Criminal Law or as a Defendant or Co-Defendant in a civil case. (2) The form of legal protection given to notaries for clients who do not comply with the notary's self-protection clause, in this case as long as the formal requirements are met and everything is in accordance with procedures, will not be a problem if the self-protection clause is not included in it. This means that in this case the deed made will not include a notary self-protection clause. However, as a form of anticipation from the notary, the notary will ask for documentation from the client as proof that everything written in the deed has been approved by the parties. The requested documentation is in the form of photos/videos and also the client's thumbprint.Keywords: Self-protection clause, notary, legal protectionE
Legal Liability of Former Bank Employees for Leakage of Bank Secrets Utsman Mubarok, Muhammad
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.v4i1.23103

Abstract

Abstract : Banks as essential institutions in the national financial system are very dependent on public trust in running their business entities. The public has trusted banks as intermediary institutions in managing and channeling customer finances through loans or credit. Thus, to maintain customer trust, a banking business entity has an obligation to maintain bank secrecy from unauthorized parties to avoid misuse. The problem in this study is the ambiguity of the obligation to maintain bank secrecy for former banking employees. The purpose of this study is to examine the liability of former banking employees in the event of a violation of the obligation to maintain bank secrecy. This study uses a normative research method with a statutory and conceptual approach. The results of the study show that former banking employees in Indoensia have no obligation to maintain bank secrecy because there are no regulations governing the obligation. Therefore, it is necessary to have regulations governing the obligation to maintain bank secrecy by former employees of banking business entities.Keywords : System Bank secrets, liability, banks, employees, customers, leaks
Legal Protection For Heirs Of Land Deeds That Only Use The Name Of Their First Child In The Perspective Of Islamic Inheritance Law And Civil Law nastopa, fitriyan ferdi
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.v3i2.21767

Abstract

There are different classifications of heirs which make up the inheritance distribution system in Indonesia, because in Indonesia the law of inheritance is divided into 3 (three), namely: the civil inheritance law system, the inheritance law system and Islamic law. Due to the layman's law, there are many legal actions where one of the parents made the land deed using the name of his first child without using the names of other heirs. So that many disputes occur when their parents die, because the child who is recorded on the land deed thinks that it belongs to him absolutely, so I researched Legal Protection for Heirs of Land Deeds That Only Use the Name of their First Child in the Perspective of Islamic Inheritance Law and Civil Law. So that there are two formulations of the problem. 1 (one) What is the status of the heirs' rights to the land deed that only uses the name of their first child? 2 (Two) How is the legal protection of heirs for land deeds that only use the name of their first child from the perspective of Islamic inheritance law and civil law?The type of research used is normative juridical, namely research that refers to legal norms contained in statutory regulations. The nature of the research is analytical descriptive through a statute approach. The results of this study, the status of heirs' rights to land deeds that only use the name of their first child is that in principle all heirs are entitled to an equal share of inheritance, regardless of gender. So even though the land deed only uses the name of the first child, the other heirs are still entitled to receive the inheritance from the heir. Because Article 852 of the Civil Code has determined that the first people who according to law are entitled to receive an inheritance are children and the husband or wife lives the longest. The portion they receive is also equal to one another. There is no difference between men and women, and there is also no difference between the first born and the next born. There are two legal protections for heirs against land deeds that only use the name of their first child, the first is preventive, a form of prevention from assets left by heirs in the form of land deeds using only the name of their first child is in the form of good faith among heirs. in the implementation of the application for determination of heirs, on the one hand to seek justice, on the other hand, to determine who is the heir, to determine the inheritance, to determine the share of each heir, and to carry out the distribution of the inheritance. the second is repressive legal protection aimed at resolving disputes. In this study, the cancellation of the deed, with the aim that when there is a dispute or physical possession of property controlled by one of the heirs on the pretext that he has a deed given by his parents on his behalf, then the deed must be canceled, with the aim that the other heirs do not someone is harmed.Keywords: Legal Protection, Land Deed, Inheritance
The Legality Of Crypto Assets As A Means Of Debt Payment In Bankruptcy According To Civil Law And Bankruptcy Law Sri Meliana Dewi, Alfat Hoki
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.v4i2.24355

Abstract

Abstract :  Crypto assets have been regulated by the Commodity Futures Trading Supervisory Agency as tradable assets or commodities and not as a medium of exchange or payment. How is the legality of crypto assets and forms of legal protection for recipients of crypto assets as a means of debt payment in bankruptcy? The research method used in this study is normative legal research, which uses the statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary, secondary and tertiary legal materials and the legal material analysis techniques used in this study are qualitative descriptive analysis. The results of the study in saying that the legality of crypto assets as a means of debt payment in bankruptcy according to the Civil Code has binding force because it meets the legal requirements of the object of payment, so that crypto assets cannot be used as fulfillment of collection rights. The form of legal protection for recipients of crypto assets as a means of debt payment in bankruptcy is related to the payment process by the curator to creditors, the curator will settle the assets up to rupiah as stipulated in article 36 of Bappebti number 08 of 2021.Keywords: Legality, Crypto Asset, Debt Payment Instrument, Bankruptcy, Civil Law and Bankruptcy Law
Legal Power Of Binding Sale And Purchase Agreements (PPJB) In The Transfer Of Rights To Land And Buildings Yuliyanti, Renny; Dewi Navisa, Fitria; 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.v6i2.25930

Abstract

Abstract : Preliminary Sale and Purchase Agreement or Sale and Purchase Agreement (hereinafter referred to as PPJB) of land and buildings under the control of a Notary is also a form of legal and binding agreement for the parties who make it, as long as there is no denial of the agreement. , this is in accordance with Article 1338 Civil Code, however in the dispute over the decision of the Malang District Court Number 27/PDT.G/2020/PN.MLG. The judge did not rule on breach of contract against the developer CV. Dua Sekawan who did not carry out some of the achievements in the PPJB, namely not continuing the process to AJB and changing the name of the certificate for the plot of land and building they sold; Meanwhile, the plaintiff/buyer Mrs. Siti Maryam, has paid the installments for the purchase of the house as required in the PPJB they made.The problem formulation is 1) What is the legal force of PPJB in the process of transferring rights to plots of land and buildings? 2) What is the view of SEMA No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Chamber Plenary Meeting as Guidelines for the Implementation of Duties for the Court regarding land rights transfer transactions with PPJB?. This type of research is classified as normative research which focuses on case studies and facts that occurred based on the decision of the Malang District Court Number 27/PDT.G/2020/PN.MLG. accompanied by a review of the literature. This research is descriptive in nature which aims to describe clear and systematic details of the main problem.The results of the research are that PPJB is included in the scope of contract law, so the position of PPJB is valid and binding on the parties who make it in accordance with Article 1320 of the Civil Code, conversely if it does not fulfill the conditions for the validity of the agreement then the PPJB will give rise to legal consequences, namely that it can be canceled and/or null and void by law. Based on the Civil Code regarding contracts, it should be enough for the judge to decide on the developer's breach of contract CV. Dua Sekawan. Regarding the transition of HAT to PPJB, Supreme Court Circular No. 4 of 2016 as a guideline for implementing duties for courts and judges has also specifically emphasized that the transfer of land rights based on a Sale and Purchase Agreement (PPJB) legally occurs if the buyer has paid the price of the land in full and has controlled the object of sale and purchase and is done in good faith. . So judges should be able to dig deeper and make legal discoveries using doctrine, regulations and jurisprudence so that they can provide legal certainty and a sense of justice to plaintiffs/buyers.
Settlement of Default Disputes in Credit Agreements between Banks BPR (BUMD BIMA) and Customers Using State Attorneys Apriani, Uni
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.v5i2.24403

Abstract

Abstract : The State Attorney is a government apparatus that acts in law enforcement in accordance with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004. The problems raised by the author are to determine the Settlement of Default Disputes in Credit Agreements Between BPR Banks (BUMD BIMA) ) With Customers Who Use State Attorneys (Studies At the Coastal Bank of Bima City). The research method uses sociological juridical in the form of interviews conducted by the author directly. Based on the results of the study that in its duties and authorities the State Attorney's Attorney has a very important role in law enforcement, however regarding the above provisions, namely Law Number 11 of 2021 concerning the Indonesian Prosecutor's Office, if what is discussed is related to non-litigation settlement of default disputes, then these rules has not been able to accommodate comprehensively related to mediation efforts carried out by JPN, as stipulated in the Law. For this reason, additional rules are needed, namely the provisions contained in the Decree of the Attorney General of the Republic of Indonesia No: Kep.225/A/J/A/3/2003 Regarding Duties and Authority of State Attorney.Keywords : Duties, Roles, ProsecutorE
Validity Of Goods And Services Sale And Purchase Agreements By Online (E-Commerce) Aldi, Muhammad; Hidayati, Rahmatul; Sunardi, Sunardi; Parmono, Budi
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.v5i2.25917

Abstract

Abstract : The internet is developing quickly and has a big impact on every part of life. People may contact, communicate, and even conduct business with anyone worldwide quickly, cheaply, and effortlessly thanks to the internet. In actuality, buying and selling transactions through electronic media are really legal agreements or relationships that are carried out through the networking of computer-based information systems and communication systems based on telecommunications networks and services. This process is further made possible by the existence of worldwide internet computer networks. International society in general and Indonesian society in particular have greatly benefited from the use of electronic transaction media, or e-commerce, in the trade industry. The establishment of an agreement occurs when two parties come to a consensus on a primary issue that serves as the agreement's goal. To agree on what has been agreed upon, both parties must be present in a meeting of wills. It is possible to comply with wishes orally or in writing. In today's world, where technology is widely used in business, a face-to-face meeting or written agreement are no longer necessary for the expression of wants. Agreements between parties with different legal systems that are made online are nonetheless enforceable.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE SETTLEMENT OF TRAFFIC ACCIDENTS PERFORMED BY UNDERAGES (Study at the Police Traffic Unit – Cirebon City) Sunardi, Sunardi; Parmono, Budi; Taufik, Taufik
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22162

Abstract

Traffic accidents involving minors have increased from year to year due to the lack of orderly traffic, as for the formulation of the problem in this thesis, how to apply restorative justice to traffic accident cases committed by minors in the jurisdiction of the Polres - Cirebon City and to find out the problems and solutions.This study uses a sociological juridical research method with descriptive analysis specifications based on primary data and secondary data. Primary data was obtained by means of interviews and secondary data obtained by literature study and then analyzed qualitatively. Research problems are analyzed with law enforcement theory, accountability theory and restorative justice theory.Based on the research results, the mechanism for solving traffic accident cases committed by minors with a restorative juctice approach at the Cirebon City Police Traffic Unit at the Cirebon City Police Traffic Accident Unit, namely when an accident occurs, the first thing to do is to process the crime scene. (TKP) for victims and perpetrators, both of them. After processing the TKP, the police make a TKP processing report, from the minutes the police get evidence from the accident case; The investigators carried out the investigation, after the investigation process, they were given time for the victims and perpetrators to argue, from this process Restorative Justice began to occur; If the victim and perpetrator are willing to reconcile and the perpetrator is willing to pay compensation, the parties make a statement of peace and agree not to proceed with the case in court;Another barrier to the use of restitution as a remedy for traffic accidents is:1) Traffic accidents caused by the death of the victim;2) The victim is unwilling to make peace3) It is difficult to find common ground for material compensation given between the perpetrators and the victims.Efforts made to overcome obstacles in the implementation of restorative justice in traffic accidents are conducting Enlightenment related to Traffic Law No. 22 of 2009 concerning Road Transport Traffic and Head of Police Regulation Number 15 of 2013 concerning Procedures for Settlement of Traffic Accidents, Help mediate both parties and carry out fast processing/handling of cases of minor traffic accidents which result in material losses with small/minor damage values but are still carried out in accordance with the provisions and regulations in force.Keywords: Traffic Accidents, Minors, Restorative justice.
Implementation Of Collection Of Land And Building Rights Acquisition Duty (BPHTB) In Terms Of Transfer Of Land Rights In Trenggalek Regency Dwi Fahrizal, Dian
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.v4i2.24350

Abstract

Abstract : The increase in development activities in all fields has led to an increase in the need for available land and or buildings. Meanwhile, land and/or building supplies are very limited. Given the importance of land and or buildings in life, it is natural that individuals or legal entities who get economic value and benefits from land and or buildings due to the acquisition of land and or building rights are taxed by the state. The tax in question is Land and or Building Rights Acquisition Duty (BPHTB). Land and Building Rights Acquisition Duty (BPHTB), is a tax imposed on the acquisition of land and building rights. Based on the things mentioned above, the problems that will be examined in this study are: How is BPHTB collected on land and or building sale and purchase transactions, What is the role of PPAT in BPHTB collection, and what obstacles arise in BPHTB collection and how to overcome them. The approach method used is an empirical juridical approach and the specifications used in this study are analytical descriptive research. Based on the results of the study, it can be concluded that BPHTB in its implementation uses an official self assessment system whose magnitude is determined from the aprisial results by BAKEUDA Trenggalek Regency. PPAT has a significant role in collecting BPHTB because PPAT is a general official related to transactions on the transfer of land rights, PPAT will sign an authentic deed after the BPHTB tax is paid in full by the Taxpayer. The Land Deed Making Officer can only sign the deed of transfer of title to land and or buildings after the Taxpayer submits proof of tax payment. Land Deed Making Officials who violate the provisions mentioned above are subject to administrative sanctions in the form of a fine of IDR 7,500,000.00 (seven million five hundred thousand rupiah). In addition, PPAT also plays a role in helping Taxpayers calculate the amount of BPHTB.Keywords: Implementation of Collection, Land Rights Acquisition Duties,
Juridical Analysis Of Court Determination Number: 1/Pdt. P-Kons/2021/Pn Gpr On Consignment Land Acquisition At Dhoho Kediri International Airport Isnaeni, Diyan; Sunardi, Sunardi; Nurdaiman, Taqiy
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.v6i2.25934

Abstract

Abstract: In the implementation of the Deliberation on the Form and/or Amount of Compensation in the Land Procurement of Dhoho Kediri International Airport, there are Rights Holders who disagree with the deliberations, the Rights Holders who disagree do not submit an Objection to the local District Court, until finally the Land Procurement Implementer makes an Application for Compensation Custody through the Court. The validity of the Compensation Custody through the Court is reviewed from Law Number 2 of 2012, as well as what are the legal consequences of the issuance of the Court Determination. This research uses a normative juridical method, which analyzes a legal problem using laws, books, journals, and other written works that have legal standing. The conclusion of this study is that the Court accepted the Consignment Application because the Right Holder who did not agree with the results of the deliberation on the amount of compensation did not file an objection to the District Court 14 days from the holding of the Deliberation on the Form and/or Amount of Compensation Agreement, and its existence could not be found. The validity is absolute, considering that the conditions of the Application have been fulfilled by the Land Acquisition Implementer. Regarding the legal consequences of the Court Determination, it is considered to be the termination of the legal relationship between the Right Holder and its land, it is considered to be handing over the right to its land to the State, and the nature of the Determination is final so it must be accepted and implemented by all parties. In the end, the Right Holder accepted the results of the Consignment and was also present in the execution of the object in question. 

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