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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
PELAKSANAAN PENYELESAIAN PELANGGARAN KODE ETIK NOTARIS TENTANG PEMASANGAN PAPAN NAMA NOTARIS DI KOTA DENPASAR Dwi Andika Prayojana; R.A. Retno Murni; Ni Ketut Supasti Dharmawan
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.p05

Abstract

The title of this research is "Implementat ion of the Settlement of Notary Ethical Code Violation concerning Notary Name Board Installation in Denpasar". The problems formulated are: 1 How is the implementation of the provisions of Article 83 of Law No. 2 of 2014 concerning amendment s to the Law No. 30 of 2004 concerning the Notary Position and Ethics Code of Extraordinary Congress in connection with the installation of Notary Name Board in Denpasar? 2. What i s the responsibility of the Notary with the ethical code violations of Notary name board? The above problems were studied and analyzed with legal theories such as the effectiveness of legal theory, the theory of legal responsibility with empirical legal research method.From research conducted some problems were found concerning the violation of the size of the installed Notary name board, it is contrary to what is stated in the rules of the Ethical Code.
STATUS HUKUM PERJUMPAAN UTANG DIANTARA PERSEROAN INDUK (PARENT COMPANY) DENGAN PERSEROAN ANAK (SUBSIDIARY COMPANY) I Gede Willy Pramana; I Made Arya Utama; Desak Putu Dewi Kasih
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.p10

Abstract

According to Article 1381 of the Civil Code, there are eleven ways found concerning the abolishment of an obligation. One way of abolishing an obligation is through a set off regulated in Article 1425 of the Civil Code. The set-off is made between companies, particularly between parent companies and subsidiary companies which are not regulated in Article 1425. The set-off here only regulates people as subjects regulating it. Therefore, the formulation of the problem in this study includes why there are debts between parent companies and subsidiary companies, what is the validity of a set-off between parent companies and subsidiary companies, and what legal effect that emerges as a result of a set-off between parent companies and subsidiary companies. The type of research used was a normative legal research based on the absence of norms in Article 1425 of the Civil Code against a set-off made by a parent company and a subsidiary company. This study used a source of legal materials consisting of primary, secondary, and tertiary legal materials. The results showed that the occurrence of debts between a parent company a subsidiary company was caused by two things, that is, a debt agreement emerged was genuinely due to the importance of debt and it was motivated by other agreements. Concerning efforts to pay off debts between a parent company and a subsidiary company through a set-off was legitimate because a parent company and a subsidiary company are an independent legal entity and are then separated based on systematic and sociological interpretation about peoples’ phrases in Article 1425 of the Civil Code which include individuals and legal entities. Therefore, the result of the law of set-off between a parent company and a subsidiary company is the disappearance of legal relationship due to the fact that the debts between the two had been settled. Furthermore supervision of the Director General of Taxation is needed for the set-off made by a parent company and a subsidiary company as it relates to the engineering of debts.
PENYIMPANAN PROTOKOL NOTARIS SECARA ELEKTRONIK DALAM KAITAN CYBER NOTARY Desy Rositawati; I Made Arya Utama; Desak Putu Dewi Kasih
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.p01

Abstract

The notary protocol is the state archives that must be stored and maintained by a notary. Storage of electronic notary protocol is possible as a solution to problems of security, maintenance costs, and the size of land required. In the meantime, the Article 16 of paragraph (1) letter b of Amended Law on Notary (Amended UUJN) and the explanation only establishes the obligation of notaries in running their position of making deeds in the form of minutes of the deed and to save them as part of the protocol of notaries in its original form to keep the authenticity of the certificates , This raises the vacuum of norms related to the storage arrangements of electronic notary protocol. Therefore, the problems raised in this thesis are what the urgency of the electronic storage of notary protocol in terms of cyber Notary, what is the notary protocol electronic storage mechanism and what is the power of evidence of the electronic storage of notary protocol. The type of research in this thesis is a normative legal research as a result of the vacuum of norms. The legal materials collection technique used was the technique of literature study card system. The results showed that electronically stored notarial protocol is important to do given the task of a notary as public officials who have the task of serving the public in the field of civil cases, so the state should make strict rules about electronic storage of notarial protocols in relation to cyber Notary. The mechanism is by using the transfer of media into digital form or scanning. The strength of evidence of electronically stored notarial protocol in the field of civil law only serves as a back up, not as a copy of which has binding force because it is not yet eligible for the authenticity of the document as provisioned in the Article 1 paragraph 7 of Amended UUJN/ Law on Notary and Article 1868 of Civil Law Codes and in the field of criminal procedure law i.e. that it can be evidence of indication when dealing with the contents of other evidence.
KEWENANGAN OTORITAS JASA KEUANGAN UNTUK MENGATUR DAN MENGAWASI LEMBAGA PERKREDITAN DESA DI BALI Gde Putu Oka Yoga Bharata; Tjok Istri Putra Astiti; Desak Putu Dewi Kasih
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.p15

Abstract

In general, financial institutions in Indonesia can be classified into the banking financial institutions and the non-bank financial institutions. One of the local financial institutions which currently growing rapidly in Bali are the Village Credit Institutions (LPD). In Article 1 point 11 of the Local Regulations Number 4 of 2012 on the LPD, LPD is clearly mentioned as financial institutions. The mention of LPD as financial institutions eventually led to uncertainty in the position of LPD to conduct the loan businesses. The business activities of LPD do have the similarities to those of the banking financial institutions, but on the other hand, if it is examined thoroughly, that there are fundamental differences that distinguish LPD with other financial institutions. The uncertain position of the LPD eventually causes problems with regard to the authority of the Financial Services Authority (OJK) in supervising the financial institutions. The type of the study is a normative legal research that explains the presence of uncertainty of the norm of the position of the LPD. The uncertainty of the position of the LPD, ultimately causing uncertainty about the authority of the OJK in overseeing the financial institutions. This study used primary, secondary, and tertiary legal materials. The results showed that the OJK does not have the authority to supervise the LPD, as they differ from other types of financial institutions. LPD is a cultural institutions with the nuance of Desa Pakraman community-owned economy. From the analysis conducted, it is more suitable for LPD to be classified as the village-owned enterprises. Therefore, although LPD is mentioned in the Local Regulation as a financial institution, it must be construed as the institutions that perform the financial function of the village, not as a financial institution of the certain individual or group of people ownerships, neither a commercial organization that is entirely profit oriented.
KEWENANGAN NOTARIS DI BIDANG CYBER NOTARY BERDASARKAN PASAL 15 AYAT (3) UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS Dewa Ayu Widya Sari; 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.p06

Abstract

Based on the descript ions of Art icle 15 point (3) of Law No. 2 of 2014 on theAmendment of Law No. 30 of 2004 on Posi t ions of Notaries Publ ic i t i s state that theNotary has the authori ty to cert i fy the elect ro nic t ransact ion (cyber Notary ).However, unt i l today there st i l l exi st s legal void regarding technical implementat ionrule regulat ing the authori ty of notaries. Based on thi s background the i ssue hereinrai sed i s how elect ronic t ransact ion made by notaries wi l l be done? and how wi l lelect ronic t ransact ions be done by the part ies domici led out side the juri sdict ion ofthe notaries pract icing regions?Thi s research was classi f ied into normat ive legal research wi th approached byconceptual and statute approach . The legal material of thi s research were based onprimary, secondary and tert iary legal material s. The legal material s was bedescripted henceforth to interpreted, constructed, systemat i zat ion, analysed,evaluated, and al so given argument to get conclusi on of the problems.Based on study conducted, the solut ion can be found, Fi rst , that based on thetheories of legal certainty, progressive law and state legal concept the creat ion ofelect ronic t ransact ion by notaries may be conducted video conference. Th e creat ionof elect ronic t ransact ions by notaries publ ic is simi lar to de process of creat ingconvent ional notari zed deeds, whereby af ter the draf t i s prepared, the content wi l lbe read out by the notary publ ic to be signed later by the part ies. The signin g part ieswi l l be able to see and read the draf t on the computer screen or the elect ronicmedium in use. And af ter the part ies approve the content , the notary publ ic wi l l askthe f i rst party to sign the deed using the digi tal signature. The notary publ ic t henveri f ies the signature and unt i l al l the part ies af f ix thei r elect ronic signature uponthe deed. Second, based on the concept of legal state, theory of authori ty, theory ofnorm classi f icat ion and principle of preference, notaries wi l l be able to draw upelect ronic t ransact ion of the part ies whose domici le in out side pract icing area of thenotaries.

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