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<![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.]]>
<![CDATA[Akibat Hukum Protokol Notaris Yang Telah Meninggal Dunia Yang Belum Diserahkan Oleh Ahli Waris ]]>
<![CDATA[Ida Bagus Kade Wahyu Sudhyatmika]]>;
<![CDATA[Swardhana Gde Made]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p11
<![CDATA[The purpose of this study was to find out and analyze the procedure for submitting the protocol of a notary who had died and the efforts of the regional supervisory board if the protocol of a notary who had died was not submitted by the heir. The writing of this journal uses a normative type of research where an assessment of applicable laws and regulations is carried out and uses secondary data as the main data. Based on the results of the study, the following conclusions can be formulated: (1) Article 63 UUJN submission of the protocol of a notary who has died to another notary who receives the protocol is carried out no later than 30 (thirty) days by making a report on the submission of the Notary Protocol signed by the submitter, namely heirs of a notary who has died; and (2) The submission of the protocol of a notary who has died to a notary who receives the protocol is also the authority of the Regional Supervisory Council based on Article 63 of the UUJN which states that if the notary protocol is not submitted within 30 (thirty) days, the Regional Supervisory Council is authorized to take the protocol.]]>
<![CDATA[Peran PPAT Dalam Melakukan Pengecekan Sertifikat Secara Elektronik Pada Perjanjian Jual Beli Tanah ]]>
<![CDATA[Desak Komang Lina Maharani]]>;
<![CDATA[I Ketut Westra]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p7
<![CDATA[The purpose of writing is to increase knowledge about PPAT's responsibility for discrepancies in the results of checking certificates electronically as well as efforts to resolve discrepancies in results of checking certificates electronically. This writing uses a normative legal research method by reviewing regulations related to the role of PPAT in checking electronic certificates in land sale and purchase agreements, by applying the statutory approach, and the conceptual approach, as well as using primary, secondary and legal materials. tertiary and then the results are described descriptively. The results of the study show that the responsibility of the PPAT who is directly involved in the electronic certificate checking process is to ensure that the data, both juridical data and physical data on the results of electronic certificate checking, are in accordance with the original certificate. Efforts that can be made by PPAT if there is a data discrepancy, then PPAT sends a notification through the relevant information service system so that the inconsistent data is immediately updated or by visiting the BPN office, bringing proof of the results of checking the electronic certificate that has been printed and the original certificate. Then the BPN will provide information by updating the data on the system.]]>
<![CDATA[Hak Ingkar Pejabat Pembuat Akta Tanah (PPAT) Dalam Kewajiban Menjadi Saksi Pada Proses Penyidikan Ataupun Peradilan ]]>
<![CDATA[I Made Satria Brahmanta]]>;
<![CDATA[I Gede Yusa]]>
<![CDATA[ Acta Comitas Vol 7 No 02 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i02.p12
<![CDATA[This paper aimed to find out the position of PPAT's right to deny and the legal impact of PPAT if revealing secrets, to find out the position of the PPAT right of denial in the investigation and court process, this research used statute approach, this research was a normative research. The results are, in the investigation stage, PPAT can choose to carry out one of the two obligations (the right to vote in carrying out one of the obligations). And in court proceedings, PPAT might exercise the right of denial after the reasons presented are approved by the judge, but in certain cases PPAT cannot exercise the right of refusal or carry out the obligation to keep secrets. The application of legal sanctions for a PPAT who intentionally discloses the secrets of the parties to the land registration deed made by him, then the PPAT can be sentenced or strict sanctions in the form of dishonorable dismissal. PPAT will be given a punishment or sanction and will be dismissed from his position dishonorably given from the Indonesian National Land Agency. For those who are proven to have made a mistake, the imposition of penalties on civil matters, legal sanctions that can be imposed on those who are proven guilty are the necessity to fulfill an achievement whose amount is in accordance with the loss of the injured party, but in criminal matters, the punishment given to the defendant is in the form of punishment.]]>
<![CDATA[Pengaturan Keberlakuan Surat Izin Usaha Perdagangan Bagi Pelaku Usaha E-Commerce ]]>
<![CDATA[Made Ary Suta]]>;
<![CDATA[I Wayan Wiryawan]]>
<![CDATA[ Acta Comitas Vol 7 No 03 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i03.p1
<![CDATA[The purpose of this study is to examine the regulation of Trading Business Licences towards e-commerce business actors and the legal consequences that arise when e-commerce business actors do not have a Trading Business Licenses. The approach method used in this article is normative legal research wuth statute and conceptual approaches. The results show that e-commerce business actors are required to have a Trading Business Licenses in the form of SIUPMSE as stipulated in Government Regulation Number 80 of 2019 and Minister of Trade Regulation Number 50 of 2020 while legal consequences that arise for e-commerce business actors with no SIUPMSE will be subject to criminal sanctions as regulated in Article 46 Section 34 Chapter III of the Job Creation Law which amends the provisions of Article 106 of the Law on Trade in the form of imprisonment for a maximum of 4 (four) years or a fine of a maximum of Rp. 10,000,000,000.00 (ten billion rupiah) and administrative sanctions based on Article 80 paragraph (2) of Government Regulation Number 80 of 2019 and hereinafter specifically regulated in Article 44 paragraph (2) of the Regulation of the Minister of Trade Number 50 of 2020.]]>
<![CDATA[Pemaknaan Frasa “Untuk Sementara Berhalangan Menjalankan Jabatan” Dalam Undang-Undang Jabatan Notaris ]]>
<![CDATA[W Ida Junana]]>;
<![CDATA[Pande Yogantara S.]]>
<![CDATA[ Acta Comitas Vol 7 No 03 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i03.p6
<![CDATA[The purpose of this paper is to find out and examine the meaning of the phrase "temporarily unable to carry out his position as a Notary" and also to find out and examine the legal consequences for a Notary who is temporarily unable to carry out his position. The legal research method in this journal uses normative legal research, with a statutory approach and a conceptual approach. law. Based on the results of the study, the phrase "temporarily unable to carry out his position as a Notary" can be interpreted as being unable to do so due to overmacht conditions and unable to do so because the Notary holds positions as civil servants, state officials, advocates, or other positions. For a Notary who is temporarily unable to carry out his position, he can apply for leave with a maximum total leave of 12 (twelve) years. As for those who cause legal consequences, if the Notary does not apply for leave, he will be subject to sanctions in the form of respectful dismissal. However, the UUJN/UUJN-P does not stipulate sanctions if the Notary is on leave for more than 12 (twelve) years.]]>
