Articles
13 Documents
Search results for
, issue
"Vol 7 No 01 (2022)"
:
13 Documents
clear
<![CDATA[Kedudukan Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan Dilangsungkan Terhadap Pihak Ketiga ]]>
<![CDATA[Ida Bagus Adhitya Prayoga D.]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p09
<![CDATA[The purpose of this paper is to determine the arrangement of the marriage agreement before the decision of the constitutional court number 69/PUU-XII/2015 and the position of the marriage agreement made after the marriage took place against a third party. The method used in this research is the normative method and the type of approach used is the law and conceptual. Marriage agreements are more about property and there is no clear understanding of this. Marriage is regulated in Law Number 1 of 1974 concerning Marriage and the marriage agreement is regulated in Article 29 of Law Number 1 of 1974 which discusses the time of making a marriage agreement. Prior to the Constitutional Court Decision Number 69/PUU-XIII/2015, prospective husband and wife who will make a marriage agreement must comply with Law Number 1 of 1974 concerning Marriage, namely Article 29 paragraph (1) which discusses the time of making of the marriage contract. marriage agreement. In the Decision of the Constitutional Court number 69/PUU-XII/2015 which allows the marriage contract to be made after marriage, it will have an impact on third parties related to debt. Marriage agreements relate to third parties starting from the registration of the agreement.]]>
<![CDATA[Akibat Hukum Keterlambatan Pendaftaran Akta Berita Acara Rapat Umum Pemegang Saham (RUPS) Kepada Menteri Hukum dan HAM ]]>
<![CDATA[Made Yoga Pramana Sugitha]]>;
<![CDATA[I Nyoman Suyatna]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p05
<![CDATA[This study aims to identify and analyze the legal consequences of the deed of minutes of the general meeting of shareholders being late being registered with the Minister of Law and Human Rights and to identify and analyze efforts to delay the registration of the minutes of the general meeting of shareholders to the Minister of Law and Human Rights. The research method used in this study is a normative legal research method with a statutory approach and a conceptual approach. The results of this study explain that the legal consequences for the deed of the minutes of the general meeting of shareholders in this case related to changes to the articles of association of a Limited Liability Company are late in submitting an application for approval and notification of amendments to the articles of association to the Minister of Law and Human Rights. cannot be registered due to a delay so that the General Meeting of Shareholders becomes invalid and must be repeated. As well as efforts that can be made so that the Limited Liability Company obtains approval from the Minister of Law and Human Rights is the responsibility of the company by making a new deed, namely the deed of confirmation or deed of reaffirmation of the previous deed and the holding of the mechanism of the general meeting of shareholders again so that the deed of confirmation or a deed of reaffirmation can be made.]]>
<![CDATA[Penerapan Asas Equality Before The Law Dalam Pembuatan Akta Keterangan Waris Bagi Etnis Tionghoa di Indonesia ]]>
<![CDATA[Nathasya Fransiska Nancy Kussoy]]>;
<![CDATA[I Made Dedy Priyanto]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p10
<![CDATA[The writing of this article is to find out the application of the principle of equality before the law in according to the Regulation Of The Minister Of State For Agrarian/Head Of The National Land Agency number 3 of 1997 concerning The Implementation Of Government Regulation number 24 of 1997 concerning Land Registration Article 111 paragraph 1 letter (c) especially with regard to distribution community groups related to the processing of inheritance certificates after the enactment of Law number 40 of 2008 concerning the Elimintation of Racial and Ethnic Discrimination. To answer this, the author uses a normative legal research, namely a research method that places positive legal norms as the object of study, in order to support this research, form the results of study that the distribution of community groups related to the management of inheritance certificates does not apply the principle of equality before the law because in the processing of the certificate of inheritance has different requirements for Indonesian citizens (native) and Indonesian citizens of Chinese descent, for native Indonesian citizens, the processing of an inheritance certificate can be done through the local urban village office and does not require a fee, while the citizens Indonesians of Chinese descent can make arrangements through a Notary which obviously requires a fee.]]>
<![CDATA[Cyber Notary di Era Globalisasi 4.0: Suatu Kebutuhan Ataukah Ancaman ]]>
<![CDATA[Ngurah Justia Dharmadyawan R]]>;
<![CDATA[Ni Ketut Supasti Dharmawan]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p01
<![CDATA[This study aims to acknowledge and to analyze the capacity and the juridical power of the concept of cyber notary, in terms of Notary Public to carry out their duties, functions and authorities as Public Officials in the era of globalization 4.0. Furthermore, aims to perceive the opportunities that cyber notary can be applied into Indonesian’s legal system. This study uses normative legal research with the statue approach and conceptual approach, with primary and secondary legal materials. The result of this study indicates that UUJN-P (The Law on The Position of Notary Public) has presented the concept of cyber noatary, but it’s implementation still needs the necessary update of the laws and regulations, specifically that relates to the process of making the electronic-based deeds. For Notary to apply the concept of cyber notary in carrying out their duties, functions, and authorities not limited to participate the development of technology in this era of globalization.]]>
<![CDATA[Penggelapan terhadap Uang Titipan oleh Notaris dalam Pembuatan Perjanjian Kerjasama ]]>
<![CDATA[Melyana .]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p06
<![CDATA[This article aims to examine the responsibility of the Notary who embezzled money deposited by the appearer in the District Court Decision No. 29/PID.B/2020/PN PWK. In this article, author uses normative research method. The Notary who receives the deposited money has violated Article 52 Paragraph (1) of the UUJN, because the Notary is indirectly a party to the deposit agreement. This resulted in based on Article 52 Paragraph (3) UUJN, the authentic deed was degraded its evidentiary strength into an underhand deed and the Notary could be sued to reimburse fees, interest and losses. In addition, Court Decision No. 29/PID.B/2020/PN.Pwk made a mistake in passing the verdict, where the Notary should have been punished based on Article 374 of the Criminal Code regarding embezzlement by weighting. Given that, the Notary has received the money because he holds the position of a Notary who is highly trusted and is considered a neutral party by the appearers. Besides, based on Article 13 jo. Article 374 KUHP, the Notary who commits embezzlement can be given office sanctions ranging from a written warning to dishonorable discharge.]]>
<![CDATA[Kepastian Hukum Pendirian Perseroan Perseorangan Tanpa Akta Notariil Berdasarkan Undang-Undang Cipta Kerja ]]>
<![CDATA[Farhad Lubbena]]>;
<![CDATA[I Dewa Ayu Dwi Mayasari]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p11
<![CDATA[The purpose of this study is to examine the legal certainty of an individual company which does not use a notarial deed in its establishment. This study uses a descriptive legal research method. The law approach and legal concept analysis are the approaches used in this research. The collection of legal materials in this journal uses a literature study. The description technique is a method of analyzing legal materials used in this journal referring to the relevant laws and regulations, the collected literature related to the problems of this journal. The results of this study indicate that in the process of establishing a limited liability company there are quite significant differences, namely in Law Number 40 of 2007 with Law Number 11 of 2020 concerning Job Creation. The process of forming a PT generally must be made in the form of a notarial deed. It is different from the process of establishing a sole proprietorship which is regulated in Law Number 11 of 2020 concerning Job Creation, where the establishment process is carried out by completing a statement of establishment which does not have to be written down in the form of a notarial deed. The function of a notarial deed at the establishment of a PT is to protect third parties or the public against misuse of the establishment of a PT and provide a protection for the interests of other PT.]]>
<![CDATA[Kepailitan Sebagai Alasan Pemberhentian Notaris Di Indonesia ]]>
<![CDATA[I Nyoman Ganang Bayu Weda]]>;
<![CDATA[Made Gde Subha Karma Resen]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p02
<![CDATA[The objective on this paper is to finding legal position of a notary who is declared bankrupt and the bankruptcy which is used about a reason that dishonorable dismissal of notary from his position. In this researched, authors used a normative methods research. The study indicated that : 1. Having a position as a legal subject of a person, not as a legal entity, this is because what is stated as a legal subject is a legal entity and a person, while notaries are not legal entities, but only represent legal subjects of people 2. Referring to the principle of lex specialist derograt legi generalis, Bankruptcy in the Notary law and bankruptcy law respects the position of the bankrupt party, However bankruptcy in this UUJN can involve the position as a Notary if this bankruptcy is the result of a mistake made by someone in his position as a Notary.]]>
<![CDATA[Hak Ingkar Notaris Pengganti Atas Akta Otentik Yang Dibuatnya ]]>
<![CDATA[Amanda Runisari]]>;
<![CDATA[Putu Edgar Tanaya]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p07
<![CDATA[This study aims to determine the form of accountability of the substitute notary who has ended his term of office and the extent of his right of refusal. This research uses normative legal research. The responsibility of the Substitute Notary is related to the obligation to keep the secrecy of his office. This applies even after the end of his term, but does not apply for life due to the expiration of a lawsuit. The right of refusal of the Substitute Notary can occur when he is a witness in a matter and is related to the confidentiality of the department to be kept. The right to refusal does not simply happen when he or she is a witness to something. The right of refusal may be exercised when the Substitute Notary complies with the siding call and submits an application to the judge examining the matter. Only then will the judge decide to reject or grant the application]]>
<![CDATA[Kegagalan Pendiri PT Melakukan Penyetoran Modal: Studi Kasus PT MBB Conggeang ]]>
<![CDATA[Prima Yulia Jatiningsih]]>;
<![CDATA[Yetty Komalasari Dewi]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p12
<![CDATA[The research objectives are first, to analyze the founders who do not deposit capital as shareholders according to UU No. 40 Tahun 2007 (UUPT); secondly, analyzing the legal consequences of Perkumpulan BUM Desa Bersama Conggeang as the founder who did not deposit capital while PT MBB Conggeang was established. This research is applied by normative juridical with statute, comparative, and case study approach. The research concludes that founders who do not deposit paid-up capital cannot qualify as shareholders as referred to in the UUPT. This is because taking part in shares and making a full deposit is a dwingen recht as stipulated in Article 33 paragraph (1) and (2) UUPT. In addition, recording in the register of shareholders after the capital is deposited becomes a requirement for founders to be able to exercise their rights as shareholders in accordance with Article 52 UUPT. As for the legal consequences of the Perkumpulan BUM Desa Bersama Conggeang as the founder who did not deposit capital, they did not have the right to attend and vote at the general meeting of PT MBB Conggeang, including receiving dividends if the PT MBB Conggeang decided to distribute dividends.]]>
<![CDATA[Akibat Hukum Bagi Notaris yang Tidak Memungut Honorarium pada Para Pihak ]]>
<![CDATA[Anak Agung Ngurah Putra Satria Kusuma]]>;
<![CDATA[I Nyoman Bagiastra]]>
<![CDATA[ Acta Comitas Vol 7 No 01 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24843/AC.2022.v07.i01.p03
<![CDATA[The purpose of this study is to determine the honorarium arrangements in the UUJN and the Notary Code of Ethics and to examine the legal consequences of notaries who do not collect honorarium to the parties. This normative law researcher examines the issue of norms, that is, there is ambiguity of norms in UUJN and KEN, that is, notaries must provide services for free to those who cannot afford it, while they should not collect honorarium below the minimum limit of association rules. This study contains legal sources, namely; primary, secondary and tertiary law materials. The results of the research found that the regulations on honorarium that apply to notaries are Article 36 UUJN related to the maximum amount of honorarium received by Notaries and Article 37 UUJN related to notaries must provide legal services free of charge, but on the other hand notaries can be sanctioned if they do not meet the rules. in Article 4 number 10 of KEN related to the minimum limit of honorarium that has been set by the association, Violations related to the honorarium of making a deed result in the Notary being sanctioned by the Notary Code of Conduct.]]>
