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TABELLIUS
Published by Universitas Islam Sultan Agung
ISSN : 29886201     EISSN : 29886201     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
TABELLIUS: Journal of Law is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. TABELLIUS: Journal of Law published in four (4) times a year they are in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 2, No 4 (2024): December 2024" : 12 Documents clear
Notary's Responsibility for Loss of Minutes of Deed Due To Negligence Dardiri, Ismail; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The implication of the Notary's obligation to keep the minutes of the deed, if the minutes of the deed are lost due to his or his employees' carelessness, it can be said that the Notary has not carried out his obligations, and is subject to sanctions ranging from written warnings to dishonorable dismissal. The purpose of this study is to determine and analyze: 1). The Notary's responsibility for the loss of minutes of the deed due to his negligence. 2) Application of Notary Sanctions whose Negligence Resulted in the Loss of Minutes of the Deed and the Obligation to Keep Minutes of the Deed. The approach method in this study is sociological juridical. The data used are primary and secondary data obtained through interviews and literature studies. The technique of collecting legal materials in this study is by using observation techniques, interviews and literature review techniques (document studies) while the data analysis method is carried out using descriptive analytical methods. The results of the research concluded: 1) The role and responsibility of a Notary in resolving the problem of the loss of minutes of a deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Law, namely making a deed in the form of minutes of a deed and storing it as part of the Notary Protocol. In resolving the loss of minutes of a deed, one of the ways is to compensate the parties, if the parties are harmed by the Notary concerned, while sanctions for Notaries who are negligent in storing the minutes of a deed they have made can be subject to sanctions in the form of verbal warnings, written warnings, temporary dismissal, honorable dismissal and dishonorable dismissal. 2) Legal implications for Notaries who due to their negligence result in the loss of minutes of a deed, namely they can be subject to sanctions, as stated in Article 9 paragraph (1) letter d of the UUJN, namely temporary dismissal from their position as Notaries for violating the obligations and prohibitions of their position. Notaries in carrying out their position must remember that the deed made by or before them is an Authentic Deed. The Authentic Deed is in the form of minutes of the deed which becomes a State Document/Archive and the agreement stated therein becomes law for those who make it. If the Notary in making the deed does not comply with the applicable laws and regulations, in this case it is not in accordance with the UUJN, then the Notary's actions can be qualified as an unlawful act. Unlawful Acts are regulated in Articles 1365 to 1380 of the Civil Code. Article 1365 states that every unlawful act that causes loss to another person causes the person who is wrong to issue the loss to compensate for the loss.
Legal Protection for Debtors in Transactions Financing with Fiduciary Guarantee Arafah, Arina Manasikana; Hanim, lathifah
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) Legal protection for debtors in financing transactions with fiduciary guarantees. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees. This type of research is included in the scope of empirical legal research. The approach method in this study is a sociological juridical approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal protection for debtors in financing transactions with fiduciary guarantees aims to provide a sense of security and legal certainty for debtors in carrying out their obligations. Based on applicable legal provisions, the rights of debtors are protected through a fiduciary agreement that regulates the rights and obligations of each party. In this agreement, BPR BKK Demak as the lender is required to comply with applicable legal provisions regarding fiduciary guarantees, including fiduciary registration procedures so that the guarantee is legally valid. In addition, if the debtor experiences default or failure to pay, the BPR must execute the fiduciary guarantee in a manner that is in accordance with the procedure and does not violate the rights of the debtor. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees Obstacles in legal protection for debtors in financing transactions with fiduciary guarantees include the lack of understanding of debtors regarding their rights and obligations, minimal supervision of the fiduciary guarantee registration process, and guarantee execution practices that are often not in accordance with procedures. These obstacles can cause legal uncertainty and unfair treatment for debtors. Solutions to overcome this problem include increasing education for debtors about their rights, stricter supervision from the government or supervisory institutions in fiduciary registration, and implementing guarantee execution standards that are in accordance with legal provisions.

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