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<![CDATA[Validasi Oleh Notaris Terhadap Kebenaran Keterangan Dan Dokumen Para Penghadap ]]>
<![CDATA[Ida Bagus Dobi Suandika]]>;
<![CDATA[Putu Gede Arya Sumerta Yasa]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p1
<![CDATA[The purpose of this paper is to find out the responsibility of the Notary to the deed he made using a false identity and to know the legal consequences of the Notary deed made with a false identity. The research that uses normative law is related to the problem of norms that occur, namely the absence of norms that do not regulate identity falsification in a notary deed. The research is sourced from primary, secondary and tertiary legal materials and the writing approach is carried out through a conceptual approach that analyzes the concept of violations by the appearers in the statement of false identities in the making of authentic deeds. The results of the study can be concluded that the Notary's responsibility for the deed made using a false identity is that the notary is responsible for the rest of his life for the deed he has made so that the notary in making an authentic deed, although not responsible for the material truth of the deed made, but the notary also needs to Knowing the material truth, the Notary can be held accountable both under civil law and criminal law. and the legal consequences of a Notary deed made with a false identity is that it will get sanctions according to the Civil Code and sanctions according to the Criminal Code.]]>
<![CDATA[Kepastian Hukum Memorandum Of Understanding (Mou) Pada Kondisi Pandemi Covid-19 Dalam Hukum Perjanjian Indonesia ]]>
<![CDATA[Nury Khoiril Jamil]]>;
<![CDATA[Achmad Hasan Basri]]>;
<![CDATA[Urmawan Sutopo]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p2
<![CDATA[The objective of this paper is to examine the legal certainty of the Memorandum of Understanding during Covid-19 pandemic in the treaty law which applies in Indonesia. In addition, it is also to find out the resolution of disputes when one of the parties breaks a promise. The study used normative juridical methods with law enforcement approaches, law concept analysis and case aprroach. The results of this study are the position of the MoU during the pandemic requires an observation of the substance contained in the MoU. If a MoU contains an element of material financial loss, if the performance is not fulfilled, it is punishable. If the parties disprove it, the MoU has already been established as a contract agreement based on Articles 1338 and 1320 of the Civil Code. In the other word means while it is not explicitly stated as a contract, but based on the de facto theory (implied in fact) the MoU would be categorized as a contract. While the MoU only regulates the basic provisions that emphasize the moral burden than the current pandemic situation. So, depart from it, when the law is not explicitly set about the MoU, at that time a judge must explore and identify the law. It can be found by investigating legal values ??that arise in society by adjusting to current circumstances, especially the pandemic situation through interpretation to build legal constructions that can fill legal voids which may later become jurisprudence.]]>
<![CDATA[Hak Mewaris Bagi Suami yang Tidak Pernah Menafkahi Istri dan Keluarga Dalam Perspektif Hukum Islam ]]>
<![CDATA[Gusti Agung Sagung Istri Dianita]]>;
<![CDATA[I Wayan Novy Purwanto]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p3
<![CDATA[The purpose of this paper was to analyze and identify marital status if the husband leaves his wife without clarity. In addition, this paper also examines the right to inherit for a husband who has left his wife without clear reasons and without ever fulfilling obligations such as providing a living for his wife during marriage based on the prevailing laws and regulations in Indonesia, especially in the perspective of Islamic law. This paper used a normative legal research method using a statutory approach, a concept approach and an analytical approach. The results of the study indicated that the status of a marriage does not break up automatically only because the husband leaves his wife for 2 (two) consecutive years without the permission of the other party and without a valid reason or for other reasons beyond his ability and in the case that the marriage has not been terminated, a man -Men and women are still considered as legal husband and wife, even though there is negligence of the husband in carrying out his obligations, it still provides legitimacy for the man in his position as a widower of the heir hence, he is entitled to the right to inherit.]]>
<![CDATA[Eksekusi Jaminan Fidusia Yang Tidak Didaftarkan Dalam Likuidasi Bank ]]>
<![CDATA[Wahyu Tantra Setiadi]]>;
<![CDATA[Putu Tuni Cakabawa Landra]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p8
<![CDATA[The purpose of this study is to find out the procedure for registering fiduciary guarantees, to analyze the legal consequences of bank liquidation on fiduciary guarantees and to analyze the execution of fiduciary guarantees that are not registered in bank liquidation. This article used normative juridical research method. The results of the study show that (1) The procedure for registering a fiduciary guarantee is divided into two stages, namely the imposition stage and the registration stage of the fiduciary guarantee and then the guarantee is registered online by accessing the online AHU site to issue a fiduciary guarantee certificate. (2) The legal consequences of bank liquidation on fiduciary guarantees, then all bank operational activities will be stopped due to the revocation of banking business licenses and accelerate the collection of debtor credit debts which are authorized by the Deposit Insurance Corporation. (3) Execution of fiduciary guarantees that are not registered in bank liquidation can still be executed guarantees, the most important thing is that the non-registration of fiduciary guarantees is the negligence of the creditor. Therefore, creditors represented by the liquidation team must be able to prove that there is a debtor who is in default and if the debtor still does not acknowledge the existence of a default, the liquidation team must take legal action with a lawsuit against the court related to default and if proven, then a court decision that has permanent legal force can execute a fiduciary guarantee object.]]>
<![CDATA[Pencegahan Dan Perlindungan Hukum Terhadap Kriminalisasi Jabatan Notaris ]]>
<![CDATA[Finanto Valentino]]>;
<![CDATA[Cokorda Dalem Dahana]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p13
<![CDATA[This research was conducted with the aim of knowing preventive measures and also legal protection for notaries in terms of criminalization and also knowing the return of rights and conditions for notaries who were proven innocent. This research uses a normative juridical research method, with a focus on legal norms and existing rules. And based on these problems, two problems were drawn and the results were obtained: (1) that the notary in carrying out his position, especially in making authentic deeds, in addition to referring to the UUJN and the notary code of ethics, in terms of reducing the risk of errors, must also apply the precautionary principle, so that can minimize the occurrence of disputes related to the deed he made even though there is already a legal presumption that protects. (2) Detention of a notary if it is indicated that a crime related to an authentic deed he made will certainly cause a lot of harm to the notary, because it is necessary to restore the rights and conditions of a proven Notary not guilty but prior detention in UUJN is not regulated in this regard, but can be found in the general provisions of the Criminal Procedure Code at point 3 (d) related to compensation and rehabilitation.]]>
<![CDATA[Akibat Hukum Akta Perjanjian Perkawinan yang Tidak Dicatatkan dalam Perkawinan Campuran ]]>
<![CDATA[Fira Adhisa Rivanda]]>;
<![CDATA[Gemala Dewi]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p4
<![CDATA[The purpose of this paper is to find out and analyze the arrangement of marriage agreements based on the Marriage Law and the Decision of the Constitutional Court Number 69/PUU-XIII/2015 and to analyze the legal consequences of marriage agreements that are not registered in mixed marriages. This study uses a normative juridical legal research method that is guided by written and unwritten legal norms or norms. The source of this legal research material uses primary legal materials, secondary legal materials. The collection of sources of legal materials is carried out using a literature study technique by examining books, literatures, notes, and reports that are related to the problem being solved. Qualitative analysis is used in this study, the data obtained can be emphasized on quality and analyzed in depth, and the author uses the truth and his own conclusions based on the research. The results of this study indicate that not registering a marriage agreement in mixed marriages does not affect the validity of the marriage agreement itself, it's just that the marriage agreement does not meet the principle of publicity where this can affect third parties.]]>
<![CDATA[Kedudukan Premisse Akta Dalam Undang-Undang Jabatan Notaris ]]>
<![CDATA[Gde Kosika Yasa]]>;
<![CDATA[Made Aditya Pramana Putra]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p9
<![CDATA[The purpose of this article is to find out and analyze the premise arrangement of the deed in the Notary Position Act and the notary's responsibility for the premise of the notary deed. This research examines empty norms with normative research methods, statutory approaches and conceptual approaches. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the position of the premise on the deed has a facultative nature, that is, not all notary deeds are listed on the premise of the deed, but in general the premise is listed on the complicated deed. The premise in an authentic deed has a central role where it contains important information before entering the body (content) of the deed being made. The responsibility related to the premise of the deed is the responsibility of the appearers because from the understanding of the premise above that all parts of the premise are the information given by the appearers. In this case, the role of the notary is passive or only records the notarial deed from the agreement of the appearers who come to the notary which aims to guarantee the rights and obligations of the appearers. So that in the future a problem arises where the error is in the statements of the appearers or in the material truth is the responsibility of the appearers who submit it.]]>
<![CDATA[Keabsahan Transaksi E-Commerce Dalam Pembuatan Akta Perspektif Cyber Notary Dengan Menggunakan Digital Signature ]]>
<![CDATA[Komang Dicky Darmawan]]>;
<![CDATA[Nyoman Satyayudha Dananjaya]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p5
<![CDATA[This research aims to examine and analyse whether making a notary deed using the cyber notary method is legal under many legislative laws and how to settle disputes if the notary deed is created via the cyber notary method. This research uses normative legal research methods by examining secondary data like library resources and uses a conceptual approach. Normative legal research applies primary, secondary, and tertiary legal information. The descriptive-qualitative research method was applied in this research. Making a relaas from the Cyber Notary’s perspective is permitted since the meeting procedure at the GMS via video conference is still legal, and the notary who produces the meeting’s minutes must fulfil the GMS standards. However, using the Cyber Notary perspective to make the partij deed is invalid since the notary is required to understand the detail of making deed by hearing and seeing the signing that occurred between the parties by the provisions of Article 16 paragraph (1) letter m UUJN. Electronic signature-enabled E-commerce transactions are legal if they have been registered with the Certification Authority. Nevertheless, the use of a digital signature in an Authentic Deed is prohibited under the UUJN, UU ITE, and PP PSTE. Therefore, to resolve Electronic signature-enabled E-commerce transactions usually result in losses for the parties to the agreement, followed by dispute resolution through arbitration in form of a peace deed. Arbitration is thought being more convenient than going via the courts, which takes a lot of time, money, and energy.]]>
<![CDATA[Pelaporan Transaksi Keuangan Mencurigakan Oleh Notaris Sebagai Pejabat Umum Dalam Penegakan Hukum Pidana ]]>
<![CDATA[Dw. Ngk. Gd. Agung Basudewa Krisna]]>;
<![CDATA[I Nyoman Suyatna]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p10
<![CDATA[In this study, the main objective is to determine the role of a Notary as a public official in the enforcement of criminal law. This study applies a normative method, a statutory approach and a conceptual approach, the sources of legal materials used are primary legal materials and secondary legal materials. The results of this study indicate the role and authority of a Notary in providing authenticity to his writings about the agreements, actions, and decisions of the parties facing him. Because Notaries have other powers described in the Act as referred to in "Article 15 paragraph (3)", then this opens the opportunity to increase the role of Notaries. Notaries have an important role as reporting suspicious financial transactions in an effort to enforce criminal law which can be done non-electronically or electronically through the goAML application. This is contained in PP Number 43 of 2015 regarding the Reporting Party in terms of Preventing and Combating the Criminal Action of Money Laundering. This must be done by Notaries considering that there is an evaluation of compliance with reporting obligations for Notaries carried out by the Supervisory and Regulatory Agency and/or PPATK. In addition, the role of the Notary is very crucial in the enforcement of criminal law, especially regarding the crime of money laundering as regulated in Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.]]>
<![CDATA[Pengaturan Sanksi Tentang Anggaran Dasar Perseroan Yang Tidak Dikonversikan Pada Klasifikasi Baku Lapangan Usaha Indonesia 2020 ]]>
<![CDATA[Ida Ayu Gede Sinta Surya Lestari]]>;
<![CDATA[I Dewa Ayu Dwi Mayasari]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p6
<![CDATA[The purpose of this paper is to find out the process of classifying and setting sanctions on the articles of association of companies whose business fields are not converted to the KBLI 2020. This study uses a normative legal research method with the problem of void norms with the type of approach to legislation and legal concepts. The results show that in the process of classifying the business fields of the company's articles of association must be in accordance with Article 3 of the articles of association guided by the 2020 KBLI, then can register for legalization of establishment on the AHU system and will automatically be integrated with the OSS system. For the company still using the 2017 KBLI, the company must convert the 2020 KBLI, by changing its articles of association and registering electronically through the AHU system. And, with regard to companies that do not convert their business fields, there are no sanctions arrangements against the company and it creates legal uncertainty, so that the company cannot manage business licenses, cannot cooperate with government and private agencies, and does not have legality in Indonesia and potential for criminal activity.]]>
