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Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum I Gede Agus Yudi Suryawan; Dewa Nyoman Rai Asmara Putra
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p05

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.

Affidavit Sebagai Alat Bukti Terhadap Perjanjian Jual-Beli Dibawah Tangan Apabila Salah Satu Pihaknya Meninggal Dunia Ni Kadek Ditha Angreni; I Nyoman Bagiastra
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p10

Proof of the sale and purchase of land rights without being accompanied by the deed of the Land Deed Author of which one of the parties dies, then in this condition the heir does not recognize the underhand agreement or because he knows that one of the parties who binds himself has died, then the other does not fulfilling his achievements. This research will try to examine issues regarding the proof of sale and purchase of land rights that are not proven by the Official Certifier Of Title Deeds if one party dies This research was carried out through a normative legal study method with using statute approach and conceptual approach. After going through discussion and analysis, finally, it can be concluded that Land purchase agreements made under legal hands under Article 1320 Indonesian Civil Code and fulfill the conditions of the sale and purchase agreements under customary law, but do not necessarily transfer the rights to their land. Proof of agreement on the sale and purchase of land rights made under the hand if one of his parties dies can be done with affidavit.

Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta Wulan Wiryantari Dewi; Ibrahim R
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p01

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

Kedudukan Dan Hak Mewaris Anak Dari Anak Angkat Seorang Pradana Dalam Hukum Waris Adat Bali Kd Dewantara Rata
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p15

The people in Bali adhere to the patrilineal kinship system by drawing the lineage of men, hence the son or adopted son, maupu daughter or daughter who changed his status as sentana rajeg as purusa entitled to the inheritance of the heir. It is only in society that the issue of heirs arises regarding the return of a married daughter and re-entry into her original family, whereas in her original family there is a legitimate heir from the heir. The research method in this journal, using normative research specifications, is to provide the most thorough source of human beings, circumstances or other symptoms. The approach used is normative, which is a method that focuses on research into secondary data in the form of primier legal materials, secondary legal materials and tertiary legal materials. The collection of sources of legal materials used in this journal is the study of literature documents and legal journals. Based on the research conducted, that the son of an adopted child of a pradana who enters and lives in his family without going through balinese traditional ceremonies is associated with the customary inheritance law of a position not as an heir from the heir so that it has no right to inherit the inheritance of the heir. Therefore, a prefunder and his offspring will have the same obligation as the heir, while his right is only granted on the basis of volunteering by the rightful heir of the heir.

Perlindungan Aset Lokal Yang Belum Terdaftar Indikasi Geografis Dari Kejahatan Cybersquatting Ni Komang Cempaka Dewi; Putu Tuni Cakabawa Landra
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p06

Many local Indonesian assets have not been protected by Geographical Indications and very vulnerable to being exploited by irresponsible parties, one of which is cybersquatting crime by registering a website address on the internet using the name of a geographically indicated product without the right as the legal owner then selling the domain name for expensive price causing losses for local Indonesian assets that have not been registered with Geographical Indications. The problem of this research: How is the legal protection on local assets that have not yet registered as Geogragraphical Indication from cybersquatting crime. The purpose of this research is to find out the legal protection of unregistered local asset as geographical indication product from cybersquatting. The legal research method used is the normative legal research method using the statutory approach and the conceptual approach. The result of the research is the protection of local assets from cybersquatting crimes that have not been protected by Geographical Indications is protected under Article 23 of the ITE Law and for every person whose rights are violated due to cybersquatting crimes, they have the right to file a lawsuit to cancel the unauthorized use of domain names by other parties.

Perlindungan Hukum Terhadap Hak Cipta Geguritan Bali Di Indonesia Putu Bagus Dananjaya; I Gede Pasek Pramana
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p11

Geguritan Bali as a Traditional Cultural Expression whose copyright is held by the State is a provision of Article 38 paragraph (1) of Law Number 28 Year 2014 concerning Copyright. Countries are required to inventory, preserve and preserve traditional cultural expressions. The problem is that the use of traditional cultural expressions is easily claimed to be the domain of other parties who registered and published it earlier. This study aims to analyze legal protection and legal remedies if the Bali Geguritan is reproduced without permission for commercial needs. This study uses a normative legal research method with a statutory approach. The results of this study indicate that the protection of Geguritan Bali's copyright works in the Copyright Act has not been able to protect the expression of traditional culture as a whole because of the blurring of norms and character differences between Intellectual Property Rights and Traditional Cultural Expressions. The Regional Government has the authority to file a lawsuit related to the multiplication of Geguritan Bali without permission for commercial needs. Based on the theory of the authority of the mandate granted by the state as the copyright holder to the Provincial Culture Office and the City Culture Office as the area carrying the Traditional Cultural Expressions.

Kewajiban Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Pada Orang Tidak Mampu Claudia Verena Maudy Sridana; I Ketut Westra
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p02

As a public official who works as a notary public has the authority to be able to make an authentic deed. As a notary in carrying out his commitment to make an authentic deed, the Notary gets approval to provide his services for free or voluntarily to people who are not capable in the financial field. How can you ask for legal assistance by a notary in the free notary area for people who can't afford it? Problems related to legal notifications to notaries who refuse to provide legal assistance in the field of notary to those who are unable? The purpose of the discussion is to analyze and discuss the request for legal assistance by a notary in the notary sector not providing legal assistance in the notary sector for people who cannot afford. This research uses empirical legal research methods, primary data and secondary data obtained were analyzed qualitatively and arranged systematically, which was collected by literature study and interview techniques. The conclusion of this research is the notary in providing his services without collecting honorariums is not only given to people who can not afford it, but notaries can provide free services to those who want to make a foundation or activities in the social, social and dialogue. The legal consequences of notaries who are reluctant to provide legal assistance to people who are not in accordance with the provisions of the sanctions provided for in Article 37 paragraph (2) of the UUJN are also in accordance with the provisions in the Code of Ethics I.N.I.

Perlindungan Hukum Bagi Pihak Pembeli Atas Batalnya Akta Jual Beli Yang Dibuat Oleh Notaris ida ayu gita srinita; Dewa Nyoman Rai Asmara Putra
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p16

The benefits of land in human life today are very important, because land can be used as a place to live, for gardening, and can be used for investment, for example leasing or transferring property rights to meet their daily needs. The transfer of property rights is carried out by means of a sale and purchase system, the legal basis is Article 26 of the Basic Agrarian Law, although it does not specifically determine the sale and purchase but describes the transfer or transfer which can be interpreted as a legal event that was deliberately agreed to with the intention of transferring land rights to a debtor who can be said to be a buyer by way of exchange, or by means of a will. The agreement for the transfer of title to land should be put in a written form and must be in accordance with the provisions in which the deed of sale and purchase of land rights must be worked out and legalized by the authorized official, namely PPAT. The certificate made or issued by the PPAT becomes strong evidence in court, because the agreement was made in advance of the PPAT and witnessed by 2 people. The research objective of this journal is to find out how the buyer protects the cancellation of the land sale and purchase deed that was sued by the defendant's stepmother as contained in the Supreme Court Judgment on Reconsideration No. 337 PK / Pdt / 2015. The research in this journal uses empirical research where it starts from a gap between the prevailing norms and the reality of its implementation in society. Then the conclusion of this study which is based on the Supreme Court Reconsideration Decision No. 337 PK / Pdt / 2015, which states that the seller must return the money and interest, to be used by the buyer to buy the land, and vice versa, the buyer must return the land it has bought from the seller. Before selling the land, the seller should have previously negotiated with all members of his family, so that neither party would suffer losses and sue for legal action, because the buyer is in a disadvantaged position

Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah I Gusti Ngurah Bagus Pramana; Gde Made Swardhana
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p07

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

Peran Notaris Dalam Melindungi Status Hak Milik Atas Tanah Akibat Perkawinan Campuran I Gusti Agung dewi Mulyani; I Wayan Wiryawan
Acta Comitas Vol 5 No 3 (2020)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2020.v05.i03.p12

In the ruling man is created unable to live alone, the law is human created to live both and add to his descendants and successors. This leads to a bond of marriage between men and women, whose purpose is to create happy families and homes, harmoniously with the virtue of the one true deity. The marriage is held with the Customs and culture of each party, because basically the two human beings are backed by different customs and cultures. Indonesia's state with a forward minded society wants to make its life more improved, both in the field of work and home, not infrequently in the Indonesian economic system has established relationships with foreign nationals as Investors to improve the economic system in Indonesia. It is not uncommon for Indonesian citizen to have a relationship with foreigners to work, do business, and be friends and friendly, because humans are created to require each other, profitable, and adjoining. The relationship between WNI and WNI is not uncommon in marital relationship, namely mixed marriage between citizens and foreigners who occur on the basis of affection and love and want to live a life together. The marriage itself has been governed in the marriage act, i.e. the marriage has been recognized by the State, and against the marriage of the mix has also been recognized by the state because it has been demonstrated and regulated in the marriage act as well. Through life, in it for future survival, sought and acquired wealth that can be a common treasure or can also be a split. The common treasures are the treasures obtained throughout the marriage, without the agreement of marriage. The Covenant of marriage is made with the purpose of the separation of the property of each party, meaning there is no mixing of possessions in the family, and with this each party has each responsibility. In this journal is conducted empirical research because it is to be able to discuss issues raised as to how the role of notary in protecting the status of property rights on land resulting from mixed marriages and how the status of ownership On the ground when a divorce occurs, it must be research directly with the source of space. Implemented using the fact approach, and the collection of secondary data and primary data, so as to discuss the role of notary in protecting the property rights on land is to make a marriage agreement before or after the marriage In progress, by providing legal certainty against the separation of the property that has occurred and the status of ownership of the land when divorce occurs can remain the property of Indonesian citizens, or the status is given to children born of marriage The

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

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Phone -

Journal Mail Official -

Editorial Address -

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA