Jurnal Minuta
Minuta a journal published by Master of Notarial Law Postgraduate Program, University of Surabaya. From the establishment Minuta has published a legal periodical publishing scholarly and authoritative articles on legal issues of current importance to both academic research and legal practice. he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics related to Notarial matters which includes but not limited to works from the domains: - CONTRACT LAW - BANKRUPTCY LAW - GUARANTEE LAW - LAND LAW - FLATS LAW - TAX LAW - NOTARIAL CODE OF ETCHICS
Articles
25 Documents
<![CDATA[PERLINDUNGAN HUKUM BAGI PEMENANG LELANG ATAS GUGATAN PEMBATALAN LELANG OLEH DEBITOR ATAU PEMILIK JAMINAN ]]>
<![CDATA[Mantara, Marselia Yolanda]]>
<![CDATA[ JURNAL MINUTA Vol. 1 No. 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/jmta.v1i1.1837
<![CDATA[The granting of a credit by a bank is usually followed by collateral that’s given by the debtor. The debtor does not only borrow funds from the bank but also gives collateral of equal or greater value to the bank.The function of collateral is to assure the creditor that that the debtor’s debt can be paid off. In practice, when a credit loan becomes bogged down, the bank can execute collateral given by the debtor through a process where the debtor must be declared unable to pay his debt to the creditor.One solution to this problem is via auctioning. An auction is a public sale of goods preceded by an Auction Announcement where the price is offered verbally or in writing. Its price will increase or decrease until the highest bid is found.]]>
<![CDATA[EKSEKUSI JAMINAN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET MELALUI KEPAILITAN (ANALISIS PUTUSAN MAHKAMAH AGUNG RI NOMOR 2960 K/Pdt/2010) ]]>
<![CDATA[Wati, Evi Retno]]>
<![CDATA[ JURNAL MINUTA Vol. 1 No. 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/jmta.v1i1.1838
<![CDATA[Generally collateral is divided into two, namely personal guarantee (persoonlijke zekerheid) and corporeal guarantee (zakerlijke zekerheid). On Personal collateral, what given by debtor was not an object but a statement made by the third party who has no interest at all both toward debtor or creditor. In the case that was reviewed in this research to wit The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010 PT. Pertamina Dana Ventura (first named PT. Pertamina Saving & Investment), as a creditor filed a confiscation guarantee claim toward Kairudin Nur who is the guarantor of the debt of PT. Goro Bata Sakti (in bankruptcy) as a debtor. Guarantor in Indonesian Civil Code (later stated as KUHPer) is given a privilege which is stated in article 1831 KUHPer which given right to the guarantor to reject payment to creditor before the creditor’s property confiscated first and sold in order to pay the debts. If after the debtor’s property confiscated and sold are not enough to pay the debts, then in this case the guarantor is responsible for fulfilling the debts toward creditor. In The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010, the guarantor right as ruled in KUHPer is violated. Therefore the law protection that can be given to the guarantor is the guarantor is given the right to accelerate the management and settlement toward debtor’s assets which were under curator supervision.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS ]]>
<![CDATA[Hidayat, Arif]]>
<![CDATA[ JURNAL MINUTA Vol. 1 No. 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/jmta.v1i1.1840
<![CDATA[Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.]]>
<![CDATA[KEDUDUKAN IKATAN JUAL BELI DENGAN KUASA MENJUAL SEBAGAI JAMINAN UTANG DI LINGKUNGAN KOPERASI SIMPAN PINJAM ]]>
<![CDATA[Hugeng, Diana]]>
<![CDATA[ JURNAL MINUTA Vol. 1 No. 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/jmta.v1i1.1841
<![CDATA[Tangible collateral as part of Tangible Law (Hukum Benda) has a nature of close and enforcing (dwingend recht). It is limiting and prohibiting anyone that will make tangible collateral in a form other than what has been stipulated in the prevailing laws. In relation to loan collateral in form of certificate of right over the land, since the effective date of the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, the only allowable loan collateral is in the form of Encumberance Right. This means loan collateral made in form of Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell is against the law, therefore it is legally stated as null and void due to violating the objective requirements on the legality of an agreement as stipulated in Article 1320 of Burgerlijk Wetboek. Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell as loan collateral is not only against the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, but also against the Law of the Republic of Indonesia No.25 Year 1992 concerning Cooperative, due to the objective of cooperative based on Article 44 point 1 of Cooperative Law is to raise funding from and provide lending to the members of respective cooperative, as well as other cooperatives and/or their members. In case a debtor being a new member of the cooperative when he or she applying loan to the cooperative, it is not aligned with the basic objective of cooperative.]]>
<![CDATA[KEDUDUKAN KONTAINER HOUSE SEBAGAI BENDA DAN WEWENANG NOTARIS DALAM PEMBUATAN AKTA PERALIHANNYA ]]>
<![CDATA[Nindito, Ardani Retno]]>
<![CDATA[ JURNAL MINUTA Vol. 1 No. 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/jmta.v1i1.1842
<![CDATA[The main subject of research is Container Position and Notary Authority in Making the Transitional Deed, with the formulation of the problem What is the position of Container House as a moving object and What is the notary's authority in making the Container House transitional deed. The conclusion is as follows: The position of Container House as a moving object, that container as an object that is valuable goods, property as a wealth, to the holder as the subject of rights is a private body or persoon, the right object is called an object, which means that the object of rights is object. Containers can be privately owned in the sense of individuals or legal entities, who are both legal subjects and can act according to law. Containers either as movable objects or immovable objects (planted in land parcels) can be used as objects of property rights in accordance with the provisions of Article 489 of the Civil Code. The authority of the notary in making Container House transfer deed, that the container building, the transfer of rights if built together with the land and the owner of the container building will divert the container along with the land can be proven by PPJB deed made before a notary or AJB made before PPAT. If the container building is only affixed, so that if it is transferred it does not damage the basic objects, the transfer of rights can be done with PPJB or with AJB made before a notary]]>
<![CDATA[Perlindungan Hukum Bagi Pemilik Dan Penghuni Apartemen Atas Kenaikan IPL Secara Sepihak Oleh Pengelola ]]>
<![CDATA[Gunawan, Ricky Wijaya]]>
<![CDATA[ JURNAL MINUTA Vol. 6 No. 01 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/minuta.v6i01.5126
<![CDATA[Apartment or condominium is one of many solutions for residence availability on today’s problem of population density and limited land. According to Act Number 20 of 2011 on Condominium, condominium management is done by the development actors before the Association of Owners and Tenants of Condominium Units (later stated as PPPSRS) is created. The owners and tenants of condominium units have obligation to pay monthly maintenance fees to condominium manager for upkeep and maintenance of condominium. Condominium manager has obligation to manage the monthly maintenance fees with the implementation of principle of transparancy. In the case of Apartment X which is located in Surabaya, the condominium manager (PT Y) raised the monthly maintenance fees without the principle of transparancy to the owners and tenants of Apartment X. PT Y’s decision of raised the monthly maintenance fees without the principle of transparancy is an act of tort, according to Indonesian Civil Law (KUHPerdata). The owners and tenants of Apartment X had lodge a protest and tried to mediate with PT Y about the raise of monthly maintenance fees but failed. The owners and tenants of Apartment X have the rights to get legal protection and legal guarantee due the act of tort of PT Y.]]>
<![CDATA[Tinjauan Yuridis Diperbolehkannya WNA Memiliki SHMSRS Berdasarkan UU CK Dan PP No. 18 Tahun 2021 ]]>
<![CDATA[Natasha, Devri Valentina Frenska]]>
<![CDATA[ JURNAL MINUTA Vol. 6 No. 01 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/minuta.v4i2.5130
<![CDATA[The Residence has a strategic role in shaping the personality and character of the nation and as a way to build a complete Indonesian society that is self-reliant, independent, and productive. Therefore, a residence in the residence the form of a residence needs to be fulfilled by every country in the form of a decent house and an affordable price. This fulfillment can be realized in the form of the construction of flats. Flats are not only intended for Indonesian citizens but also for foreigners. So that the problems discussed are the provisions of Ownership Rights on Flat Units for Foreign Citizens (WNA) in Indonesia based on Law no. 11/2020 and PP No. 18/2021. Ownership of flats can be marked by the existence of a Certificate of Ownership of Flat Units (SHMSRS). The ownership of flats for foreigners has limitations as regulated in, Law No. 11 of 2021, Government Regulation Number 103 of 2015 concerning Ownership of Residential Houses or Occupancy by Foreigners Domiciled in Indonesia, Ministerial Regulation ATR/ Ka.BPN No. 29 of 2016 concerning Procedures for Granting, Releasing, or Transfer of Rights to Ownership of Residential Houses or Occupancy by Foreigners Domiciled in Indonesia and Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration.]]>
<![CDATA[Pemanfaatan Rusun Umum Oleh Non-MBR Kota Surabaya Ditinjau Menurut UU 20/2011 Tentang Rumah Susun ]]>
<![CDATA[Tanta, Jerisa Frabel]]>
<![CDATA[ JURNAL MINUTA Vol. 6 No. 01 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/minuta.v6i01.5140
<![CDATA[In Indonesia, the government has initiated national development as a way to preserve the well-being of every Indonesian citizen in a just and equitable manner consistent with Pancasila values. In this regard, one of the key components that complies with the mandate in Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the community's ability to meet housing needs. The government has created an alternate scheme by building public flats, particularly in terms of supplying housing for low-income comunities. Despite the fact that its construction was built for low-income communities, many of these flats are still not being utilized as planned. One illustration is that public flats in Surabaya is still occupied by a lot of individuals who are not exactly part of the low-income comunities grouping. As a result, there is an indication that there is a misalignment between the target audience of flats and the relevant regulations. Hence, This study discussed about whether the use of flats for Low-Income Communities in Surabaya has complied with UU Number 20 of 2011 regarding Public Flats, and what the legal implications are for residents who are not low-income comunities but live in public flats .]]>
<![CDATA[Penegakan Hukum bagi Developer pada Kasus Dualisme Pengelolaan Rumah Susun : Studi Kasus Apartemen Mediterania Kemayoran ]]>
<![CDATA[Febriana Parameswari Devi]]>
<![CDATA[ JURNAL MINUTA Vol. 6 No. 01 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/minuta.v6i01.5141
<![CDATA[Flats are equipped with shared parts, shared land, and shared objects arranged by Association of Owners and Residents of Flats (P3SRS) as a legal entity. P3SRS should be facilitated by the developer. The main problem of this research, there is a dualism in the management of flats in the Mediterania Kemayoran Apartment between PPPSRS and the developer. This research aims to find out about the form of law enforcement for developers who do not want to hand over the management of flats to P3SRS and this causes cases of dualism in the management of flats. This research is normative juridical research with a conceptual and statutory approach. The results of the research conclude that in the regulations governing flats, there are no specific law enforcement provisions for developers and only emphasizes law enforcement for owners who do not form P3SRS, so the government needs to overcome this legal vacuum and provide protection for residents and/or owners of flats as long as cases of management dualism occur]]>
<![CDATA[Keabsahan Pembangunan Rumah Susun Umum Gunung Anyar di atas Tanah Terindikasi Terlantar oleh Pemerintah Kota Surabaya ]]>
<![CDATA[Haninah]]>
<![CDATA[ JURNAL MINUTA Vol. 6 No. 01 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Surabaya ]]>
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DOI: 10.24123/minuta.v6i01.5145
<![CDATA[Indonesia is a developing country which is one of the most populous countries in the world, so to overcome the rapid population growth, especially for low income communities, the government is building public flats to help people get a place to live. This also happened in the city of Surabaya, as one of the big cities in Indonesia, where the Surabaya City government built public flats, one of which was in the Gunung Anyar area for the surrounding community. This research aims to examine the legality of the construction of the Gunung Anyar public flats which the Surabaya City Government recognizes as being built on land indicated as abandoned land. This research is normative juridical research with a conceptual and statutory approach. The research results concluded that the legality of the construction of the Gunung Anyar public flats was questionable or invalid considering that the land used by the government to build the flats was not properly qualified as abandoned land based on existing legal provisions. Apart from that, there is no clarity regarding the procedures for determining abandoned land carried out by the government in accordance with existing legal provisions.]]>
