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INDONESIA
Acta Comitas
Published by Universitas Udayana
ISSN : 25028960     EISSN : 25027573     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol 2 No 2 (2017)" : 15 Documents clear
AKIBAT HUKUM PENDAFTARAN JAMINAN FIDUSIA DALAM SISTEM ONLINE Ida Ayu Made Widyari; I Nyoman Sirtha; I Made Sarjana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p11

Abstract

Fiduciary security institutions are regulated through legislation, Act No. 42 of 1999. This law governs the obligation of the registration of fiduciary security in order to provide legal certainty to the interested parties and this fiduciary security registration gives the rights of preference to the fiduciary recipient of other creditors. In 2013, the Government issued a regulation to Administration System of Fiduciary Security Registration electronically in order to improve services to people who need legal services in the field of fiduciary security. Laws of Fiduciary Security are positive law applicable to the fiduciary security, but there are some things that are not regulated in the law, that is, the registration done with the online system and the legal consequences that are not registered. This study used normative legal research, which explains the existence of the absence of norms in the Law of Fiduciary Security, i.e. the registration done with the online system and the legal consequences of fiduciary security which are not registered. This study used a source of legal materials consisting of primary, secondary and tertiary legal materials. The results showed that registration of fiduciary security with the online system is regulated through the Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number 9 of 2013 concerning the electronic imposition of Fiduciary Security and Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number 10 of 2013 concerning the System for Registration of Fiduciary Security done Electronically. The legal consequence of the Agreement of Fiduciary Security which is not registered with the online system is that it does not produce the collateral agreement of the fiduciary security so that the collateral character such as droit de suite and the rights of preference is not inherent in the creditor of the grantor of the fiduciary security and it does not have the executorial power.
TANGGUNGJAWAB PENGURUS LPD DALAM PENGELOLAAN KEUANGAN DESA PAKRAMAN I Gusti Ngurah Rama Darmawangsa; I Ketut Mertha; I Made Sarjana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p02

Abstract

One of the non-bank financial institutions in Indonesia, especially in Bali is the Village Credit Institutions (LPD). As a non-bank financial institutions, the different LPD system implemented by the banking system in general, which tends to prioritize its activities to pursue distinct profit entity with LPD more mengutakan the interests and welfare of the community by providing a wide range of easiness. Along with the development and existence are increasingly being recognized and trusted by the public, then there is also improvement of its regulation of LPD that until today has undergone improvements to the issuance of Bali Provincial Regulation No. 3 of 2007 on Credit Institutions Desa (LPD). From this background, this thesis research moved from the management arrangements and accountability form LPD relating to the financial management of the Pakraman and customers. This study uses normative law research with the consideration that the starting point of the research is the analysis of the norm vague in terms of monitoring the implementation of the LPD, the approach used to address the problem is the approach of legislation, the conceptual approach and the approach to history while the legal materials used are legal materials legislation and analysis used is the analysis of grammatical interpretation, interpretation of systematic and historical interpretation that subsequent analysis based on relevant theories. The results of this study came to the conclusion that the management arrangements end of the financial Pakraman conducted by LPD, by adhering to the precautionary principle in order to LPD remain healthy, with provision concerns such as: capital adequacy, lending limits, the system klasivikasi loans, provision of spare borrowing hesitation (CPRR) sufficient, liquidity management, work plan and budget plan revenue expenditure (RK-RAPB) LPD and reports. LPD form of accountability in financial management and customer Pakraman where the board to submit a report on the activities, developments and liquidity LPD regularly every month and report every three months to the level of supervisor, BPD, PLPDK, and prajuru village.
TUKAR MENUKAR HAK ATAS TANAH ANTAR WILAYAH OLEH PEJABAT PEMBUAT AKTA TANAH I Made Adi Wiranegara; I Gusti Ngurah Wairocana; I Wayan Wiryawan
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p07

Abstract

Land is one of the most important part of human survival. In addition to the land as a residence, land as well as a place to seek fortune, and therefore every human being needs to control a piece of land for the purposes of life. Increasing the need for land for business activities, the increasing need for support in the form of legal certainty in the field of land to reduce the occurrence of conflict in the community. Therefore, in ensuring law and order in society, the State is very concerned to regulate both about control and about the transition or transfer of land rights in Indonesia. One of the transfer of land right arrangements known in the land laws in Indonesia is the "Land Swap". Substantively, exchange or swap is part of the engagement that was born out of the agreement, therefore, it is subject to the principle of freedom of contract, but because the object is a land right, the implementation must comply with the formal requirements set out in the legislation in the field of agrarian or land law. To exchange land of which location of land between the land located in Badung with land located in Denpasar according to the Indonesian Government Regulation Number 24 of 2016 about the amendment to Government Regulation Number 37 of 1998 on regulations on the Positions of Land Deed Officials, the local authority pursuant to article 12 of PPAT work area is in one province. Therefore for the exchange of land as aforesaid, the Deed of PPAT is enough in one land certificate. The research method using juridical empirical method namely by using field data (field research) as the primary data and legislation as well as books that discuss the problems as the secondary data. Based on the data collected and analyzed qualitatively, it can be concluded that the exchange of land that located between Badung and land Denpasar City could not be implemented because the Indonesian Government Regulation Number 24 of 2016 about the amendment to Regulation of Government Number 37 of 1998 regarding regulation of Land Deed Officials Position has not adhered to because of factor of lack of coordination between the relevant parties, and the legal cultural factors of the human resources who implementing the regulations.
KEKUATAN HUKUM SERTIFIKAT HAK TANGGUNGAN DALAM HAL MUSNAHNYA OBYEK HAK TANGGUNGAN KARENA BENCANA ALAM I Gede Prapta Jaya; I Made Arya Utama; I Ketut Westra
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p12

Abstract

Collateral for immovable objects such as land is subject to mortgage institutions of property rights regulated in Act No. 4 of 1996 concerning Mortgage of Land Together with Objects Related to it. If a land encumbered is affected by natural disasters such as earthquakes or land slides, it will also result in the destruction of the encumbrance that constitutes the rights of the bank as a creditor. Article 18 paragraph (1) Act No. 4 of 1996 concerning Mortgage of Land Together with Objects Related to it does not regulate the legal force of mortgage certificate whose object is destroyed, leading to its vacancy. The formulation of the problem in this research was: what is the position of mortgage certificate with a guarantee in the form of land in the event that the object is destroyed due to natural disasters, and what is the legal protection for holders of the mortgage certificates with collateral in the form of land in the event that the encumbrance was destroyed because of natural disasters. The type of research used in this thesis was a normative legal research. The type of approach employed was analitical and conceptual approach and the statute approach, This study used primary, secondary, and tertiary sources of legal materials. Legal material collection techniques in this study used the technique of literature review which was supported by the snowball technique. Processing techniques and analysis of legal materials in this research was to portray the real situations of a problem, then to describe the existing problems, and to give an opinion to the issue. Results of this study were that the position of mortgage certificate whose object was destroyed due to natural disasters was legally null and void, and the power binding and executorial certificate of mortgage whose object was destroyed by natural disaster became null and void. The preventive legal protection for creditors and debtors was done by insuring the mortgage in insurance company.Repressive legal protection for creditors was to claim payment from the insurance company to creditors in lieu of payment of the debtor's credit. Repressive legal protection that could be given to the debtor was the payment of money left over after deducting residual claim on the debtor's credit collateral had been destroyed.
AKIBAT HUKUM LIKUIDASI BANK TERHADAP KEBERADAAN AKTA PEMBERIAN HAK TANGGUNGAN (APHT) I Gusti Agung Bagus Hendra Praditya; I Made Arya Utama; I Ketut Westra
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p03

Abstract

Dalam era globalisasi seperti saat ini dimana pembangunan dan pertumbuhan ekonomi berkembang pesat, menuntut manusia untuk memenuhi segala macam kebutuhan hidupnya. Adapun yang ingin berusaha dapat memanfaatkan jasa perbankan dengan melakukan pinjaman kredit kepada lembaga perbankan dengan jaminan tanah yang dalam prosesnya akan diikat dengan Akta Pemberian Hak Tanggungan, namun bagaimana apabila dalam perjalanan bank yang memberikan kredit tersebut mengalami likuidasi dikarena pengelolaan yang buruk, bagaimana akibat dan perlindungan hukumnya, sehingga dalam rumusan masalah penelitian ini antara lain Bagaimanakah akibat hukum terhadap Akta Pemberian Hak Tangungan dalam hal suatu bank dilikuidasi dan Bagaiamanakah perlindungan hukum terhdap pemilik barang jaminan dengan Akta Pemberian Hak Tanggungan dalam hal suatu bank dilikuidasi. Penelitian Tesis ini menggunakan metode penelitian hukum normatif, dengan pendekatan perundang-undangan, yang dikaitkan dengan pendekatan konsep dan pendekatan analisis. Pendekatan perundang-undangan yang berkaitan dengan permasalahan dalam penelitian tesis ini yaitu dengan mengkaji dan menganilis Undang-Undang Nomor 7 Tahun 1992 sebagaimana telah diubah dengan Undang-Undang Nomor 10 Tahun 1998 Tentang Perbankan, Undang-Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan, dan Undang-Undang Nomor 24 Tahun 2004 Tentang Lembaga Penjamin Simpanan dan Pendekatan konsep untuk menemukan konsep bagi suatu fakta hukum akibat dari likuidasi bank terhadap akta pemberian hak tanggungan dan pendekatan analisi untuk menganalisis bagaimana makna pada istilah hukum yang terdapat dalam peraturan perundangan-undangan untuk dapat memberikan perlindungan hukum bagi masyarakat. Hasil penelitian menunjukkan bahwa akibat hukum likuidasi bank terhadap akta pemberian hak tanggungan bila sudah didaftarkan di kantor pertanahan mempunyai kekuatan dan memberikan kepastian hukum bagi kedua belah pihak, namun apabila dalam prosesnya terjadi likuidasi terhadap bank tersebut jaminan yang dijaminkan dengan akta pemberian hak tanggungan dapat dilelang atau kredinya di take over ke bank lain, dan apabilan proses yang dijalankan semua sesuai dengan aturan perundang-undangan juga akan memberikan perlindungan hukum baik perlindungan hukum preventif dan represif.
KEWAJIBAN SAKSI INSTRUMENTER MERAHASIAKAN ISI AKTA BERDASARKAN UNDANG-UNDANG JABATAN NOTARIS Ida Ayu Kade Kusumaningrum; I Gusti Ngurah Wairocana; I Dewa Made Suartha
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p08

Abstract

Notary as a public official who has the authority to make an authentic notarial deed, performs the duties of his/her office in accordance with the provisions of the Law of the Notary Position. In addition to the authority to make an authentic notarial deed, a notary also has an obligation of keeping the confidentiality of the contents of the notarial deed that he or she made, pursuant to the Article 16 of paragraph (1) letter f of the Amended Law of the Law of Notary Position. Notary makes authentic notarial deed based on the provisions of the Articles 1320 and 1868 of the Indonesian Civil Code, as well as the provisions contained in the Law of Notary Position. One of their obligations is presenting instrumental witnesses in the reading of the notarial deed minimum of two (2) persons. Without the presence of the 2 (two) instrumental witnesses, then the notarial deed made by or before a notary has the privately made proofing. The problems in this study were to determine whether the instrumental witnesses have the obligation keep the confidentiality of the contents of the notarial deed, as the notaries do, and to find out the liability of the instrumental witnesses for the confidentiality of their notarial deeds that they signed. This study is a normative legal research which departed from the obscurity of the applicable norm on the provisions of the Law of the Notary Position on the instrumental witnesses related to their liability to disclosure the contents of the notarial deed. This study used the related statutory approach, literature books, and dictionaries as the legal materials. The results of this study indicated that the instrumental witnesses as one of the formal requirements in the process of making an authentic notarial deed who are also the integral parts of the notary, should have an obligation to keep the confidentiality of the contents of the notarial deed. This is to prevent the leakage of secrets related to the contents of the notarial deed that may be committed by the instrumental witnesses, as well as to protect the interests of the parties on the notarial deed. A less clearly-stated provision related to the instrumental witnesses in the Law of the Notary Position has resulted in any action taken by the instrumental witnesses to become one unity with the notary, or regarded as the own responsibility of the notary. In order to provide legal certainty and legal protection to the instrumental witnesses, as well as to protect the notaries in carrying out their office, the necessary arrangements regarding the obligations and responsibilities of the instrumental witnesses should be clearly specified in the Law of the Notary Position.
PENGATURAN INVESTASI SEMI KELOLA DI BIDANG PERDAGANGAN JASA AKOMODASI WISATA Ida Ayu Shintyani Brahmisiwi; R.A. Retno Murni; I Made Udiana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p013

Abstract

There are many business activities in the tourism industries in Indonesia. One of them is the provision of services, specifically in Bali. The tourists, who are traveled to Bali, have a desire to invest. Practically, in the provision of services, there are many variants of the business which are not easy to be categorized as a services trading in tourism. It has been mixed with other business variants beyond the tourism services. One of its variants is the development services and the management of property. It was developed with the business scheme and managed with the management of property scheme. The problem is, the seller or the developer offer a tourism accommodation services. The other problem is that property, which has been developed, financed by the foreign buyer. The property is managed by the developer for the provision of tourism accommodation service purposes. Further, the owner of the property got an income from the property management. The parties of this investment model expect that income as a return of their investment. This business model is usually called the return on investment in the tourist accommodation trading services. The type of this research, which used for this thesis, is normative research. It’s researched from The Investment Constitution, the Tourism Constitution, The Construction Services Constitution and some of regulations related with the arrangement of the return on investment. This research was used material sources of law, which are primary legal materials, secondary legal materials and tertier legal material. The result of this research show that the rules about return on investment in the tourist accommodation trading services are not regulated explicitly. The regulation hasn’t been reached that return on investment activities. It causes lot of losses for the foreign investor. The government and the society also get same troubles.
STATUS DAN KEDUDUKAN LEMBAGA PERKREDITAN DESA (LPD) TERKAIT PENGIKATAN JAMINAN DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2013 TENTANG LEMBAGA KEUANGAN MIKRO Ni Made Devi Jayanthi; I Gust i Ngurah Wairocana; I Wayan Wiryawan
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p04

Abstract

Lembaga Perkredi tan Desa (LPD) i s a f inancial inst i tut ion owned by desapakraman which has special characteri st ics. The said special charac teri st ic,speci f ical ly located on the obl igat ions of LPD to desa pakraman which has aphysical nature/ sekala and al so a non -physical nature/ni skala. These caused ourcent ral government to grant exclusion on the exi stence of LPD i t sel f in Law No. 1Year 2013 regarding Micro Financial Inst i tut ion.The type of thi s research i s an appl ied normat ive legal research by t racingdocument s as primary legal material s. Thi s research used statue and conceptualapproaches.LPD i s only exi st in Bal i , therefore, LPD i s o nly become a legal subject to AdatLaw in Bal i . The said exclusion has rai sed a confusion since al l thi s t ime the legalstatus and standing of LPD in every regulat ion i s considered equal to a regularFinancial Inst i tut ion. Therefore, in order to legal ly bi nd a guarantee in a credi tt ransact ion i t must always refer to the legi slat ion in accordance wi th our posi t ivelaw.
TANGGUNG JAWAB NOTARIS TERHADAP AKTA OTENTIK YANG BERAKIBAT BATAL DEMI HUKUM PADA SAAT BERAKHIR MASA JABATANNYA Selly Masdalia Pertiwi; I Nyoman Sirtha; I Made Pria Dharsana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p09

Abstract

Article 65 of the Law Number 2 of 2014 on the Amendment of Law Number 30 Year 2004 concerning the Notary Position states that: "Notary, Substitute Notary, Substitute Special Notary and the Acting Notary are responsible for every deed he or she has made??, although the Notary Protocol have been delivered to the depositary Notary Protocol". The ambiguity of norm in this Article leads to the interpretation that a Notary is responsible indefinitely for the rest of his/her life to the deed made, even though his/her tenure has expired. Notary is responsible for the deed he or she has made, without any exception when the deed is null and void. The question arises are as follows: what causes the authentic deed that is drawn up before Notary becomes null and void, and what is the liabilities of the Notary to the authentic deeds that declared to be null and void at the expiry time of his/her tenure. The study is a normative legal research, which departs from the obscurity of norms on the liabilities of a notary to authentic deeds considered to be null and void of the expiry of the notary’s tenure. The types of approach used were statutory and conceptual approaches. The legal materials used were primary, secondary, and tertiary legal materials, through the technique of literary review by a card system. To analyze the legal materials, it was used a descriptive and interpretative techniques as well as the grammatical interpretation. The results of this study indicated that an authentic deed of Notary considered to be null and void, if it does not meet the requirements of Article 1320 of the Civil Code regarding the terms of a valid agreement, Article 1868 of the Civil Code regarding the authenticity of the deed, Articles in the Law of Notary Position/UUJN particularly Article 16 paragraph (1) letter l, Article 16 paragraph (1) letter (k), Article 44, Article 48, Article 49, Article 50 and Article 51. In addition, a deed also must not conflict with the Notary Code of Ethics and the applicable laws and regulations associated with the deed. A notary who has ended his/her tenure is held responsible if the authentic act has been proved to be null and void and has not expired before the thirty years since the deed was made. Based on the theory of fautes personalles, notary is personally responsible for his/her actions. There are 4 (four) types of the Notary liabilities, namely: rise to civil liability, criminal liability, liabilities based on the UUJN and under the Code of Ethics of Notary.
PERALIHAN STATUS KEPEMILIKAN TANAH WARISAN MENJADI TANAH PELABA PURA DALAM MASYARAKAT HUKUM ADAT BALI (STUDI KASUS DI DESA ADAT CANGGU) Alim Prabowo; I Wayan Windia; I Ketut Wirawan
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p14

Abstract

Someone who can be regarded as the heir is a person who fulfills the conditions and certain obligations that he is entitled to inherit. In connection with this case, it will be explained regarding liability issues of a child (swadharama). If someone gets inheritance but he has changed his religion then how does the inheritance status. The issue of this research is why the status of land ownership inheritance can be turned into Pelaba Pura land in balinese folks costumary law and how does the process of inheritance land ownership transfer into a Pelaba Pura land in balinese folks customary law in traditional village of canggu. Type of research used was empirical legal research conducted in the village of Canggu. It was a descriptive study. This study used primary and secondary data sources. Data collection techniques in this research were observation, interview and document study. Data processing and analysis techniques used in this study generally consisted of three stages of data analysis: data reduction, data display, and data verification stage. Results of the study on the considered problem was that the status of inheritance land ownership can be turned into Pelaba Pura land in in balinese folks costumary law because of religion change eliminates a person's status as a heir. Only descendants with Kapurusa status were deemed capable of taking care and continuing family’s Swadharma (responsibility), both in relation to parahyangan (Hindu’s belief), pawongan (Hindus), and palemahan (preservation of the natural environment in accordance with the Hindu’s belief). Thus it is the same as the person who left the family responsibilities (ninggal kedaton), and are therefore considered not entitled to inheritance in families. The ownership process of inheritance land that become Pelaba Pura land in customary law community of Canggu Bali. A single heir who has switched religions can no longer be regarded as an heir. Therefore disputed inheritance from the past until now has been dominated by Canggu custom banjar as pengemong and pengempon Khayangan temples of Canggu custom banjar hereditary. In this case the land is used as Pelaba Pura land which proposed sporadically. Existence of land belonging to the temple already has a legal basis, namely by the presence of Government Regulation No. 38 of 1963 On Legal institution to Have Properties of Land which was reaffirmed by the Decree of Home Affairs Ministry of Indonesia SK / 556 / DJA / 1986 on the appointment of Temple As a Religious Legal Entity That Can Have Reserved Land Rights.

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