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<![CDATA[Sertifikat Hak Cipta Atas Film Sebagai Jaminan Fidusia Berkaitan Dengan Benda Bergerak Tidak Berwujud ]]>
<![CDATA[Made Ari Yudia Krisna]]>;
<![CDATA[Cokorda Dalem Dahana]]>
<![CDATA[ Acta Comitas Vol 7 No 03 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i03.p14
<![CDATA[The purpose of this study was to determine and analyze the conditions for applying for bank credit related to copyright on films as collateral objects after the provisions of Article 16 paragraph (3) UUHC and execution of copyright certificates on films as fiduciary guarantees related to default by the debtor. The writing of this journal uses a normative type of research where an assessment of the applicable laws and regulations is carried out and uses secondary data as the main data. Based on the results of the study, it can be concluded as follows: (1) The conditions that are met by the copyright owner are then made a credit agreement followed by a fiduciary guarantee agreement made by a notary and registered at the fiduciary guarantee registration office to obtain a fiduciary guarantee deed; and (2) Execution related to the debtor's default on his film certificate which has been stated in the fiduciary guarantee deed used by public auction or underhand sales in accordance with the agreement of the parties to finance the debt.]]>
<![CDATA[Tinjauan Hukum Terhadap Sengketa Peralihan Hak Milik Atas Tanah Melalui Perjanjian Tukar Menukar ]]>
<![CDATA[Dewa Gede Jeremy Zefanya]]>;
<![CDATA[A.A. Sri Utari]]>
<![CDATA[ Acta Comitas Vol 7 No 03 (2022) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2022.v07.i03.p13
<![CDATA[The purpose of this study is to determine the regulation of legal protection against the transfer of ownership rights to land through an exchange agreement and to understand the factors that influence the occurrence of default on the transfer of property rights to land through an exchange agreement. The writing of this scientific paper uses normative legal research methods. The object of this legal research is based on the existence of an Empty Norm. The approach used in this paper uses a legal approach, a conceptual approach. The application of the principle of light and cash in the exchange agreement where the land object is in two different areas has not been properly accommodated. Government Regulation Number 24 of 2016 has not accommodated technical rules regarding the form of implementing instructions and a form of technical guidance that explicitly regulates the exchange agreement whose land objects are in two different areas or between regions. The factor that causes a default in the transfer of property rights to land through an exchange agreement is based on the absence of clear legal rules that accommodate technical rules regarding the form of implementing instructions and technical instructions that explicitly regulate exchange agreements. the existence of legal certainty and order in the community, the state is very interested in regulating both control and regarding the transfer or transfer of land rights in Indonesia.]]>
<![CDATA[Kepastian Hukum Kewajiban Saksi Instrumenter Dalam Menjaga Kerahasiaan Akta Autentik dan Akibat Hukumnya Terhadap Notaris ]]>
<![CDATA[I Dewa Gede Agung Putra Diatmika]]>;
<![CDATA[Ayu Putu Laksmi Danyathi]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p11
<![CDATA[This research aims to examine the legal consequences of the non-regulation of the obligation of instrumental witnesses to maintain the confidentiality of authentic deeds against a notary and examine the formulation of arrangements for instrumental witness obligations in maintaining the confidentiality of the authentic deeds. This research uses normative legal research methods that use statutory and legal concept analysis approaches based on primary, secondary, and tertiary legal material sources, with the snowball method, as well as using descriptive analysis techniques and argumentative techniques. The results show that legal consequences of non-regulation of the obligation of instrumental witnesses to maintain the secrecy of authentic deeds to notaries is that notaries have the potential to be dragged into and subject to administrative sanctions, civil sanctions, and criminal sanctions due to the actions of instrumental witnesses who disclose secret deeds. Arrangements regarding the obligation of instrumental witnesses to maintain the confidentiality of the authentic deeds are important for legal certainty, provide protection to the parties involved in the deed and provide a sense of security to the notary. It is necessary to add arrangements for the obligations of deed witnesses/instrumental witnesses to maintain the confidentiality of the authentic deeds in the Explanation of Article 16 paragraph (1) letter f UUJN-P, as well as add to the understanding of deed witnesses/instrumental witnesses in the General Provisions Article 1 UUJN-P.]]>
<![CDATA[Keabsahan Akta Autentik Dalam Pembacaan Akta RUPS Apabila Para Pihak Tidak Mengaktifkan Kamera/Tidak Saling Melihat ]]>
<![CDATA[Komang Utista Cahya Otiana]]>;
<![CDATA[I Gede Pasek Eka Wisanjaya]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p1
<![CDATA[In this research, the main objective is to find out the validity of the authentic deed in reading the deed of the General Meeting of Shareholders (GMS) if the parties do not activate the camera or do not see each other. The author uses the application of normative research with a statutory and conceptual approach, the sources of legal materials for this research are primary and secondary sources of legal materials. The author gets the result that the validity of the deed is authentic in the reading of the GMS deed if the parties do not activate the camera or do not see each other. That Article 77 Paragraph (1) of Law of the Republic of Indonesia Number 40 of 2007 which states "besides organizing a GMS as referred to in Article 76, a GMS can also be conducted via teleconference media, video conferences, or other electronic media facilities that allow all GMS participants to see each other and listen directly to and participate in meetings”. Whereas with this matter the implementation of the GMS can be carried out through electronic media such as video conferencing, but if during the implementation there are parties who do not activate the camera due to signal constraints or other matters then this will not cause legal consequences as long as the parties can still hear, see, understand and understand the contents of the deed and the deed is considered as an authentic deed.]]>
<![CDATA[Terjadinya Force Majeure Dalam Penyimpanan Minuta Akta Notaris ]]>
<![CDATA[Ida Bagus Putra Prawira]]>;
<![CDATA[Ketut Rai Setiabudhi]]>;
<![CDATA[Dewa Gde Rudy]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p7
<![CDATA[This study aims to be able to provide an understanding related to the position of notary deed minuta storage in the event of force majeure and efforts to prevent damage to notary deed minuta caused by force majeure. The writer's method of writing uses normative law departing from the void of norms. The research study of the vacuum of this norm is due to the non-regulation of damage or loss to the storage of minutes of deeds by a Notary which is an obligation in carrying out his position. This research contains primary legal sources that examine the Notary Office Act and secondary legal sources by reviewing several scientific journal literature. Through this research, using the approach refers to laws and regulations regarding the issue of depositing minuta deed referring to the Notary Office Law. The results of the author's research show that the Notary Office Law does not specifically regulate the electronic storage of minutes of deeds. Juridically, safeguarding the minuta deed is not stated in the Notary Office Law and only states that the storage is part of the Notary's protocol. Force majeure is a situation that cannot be predicted by humans, let alone natural disasters. The urgency of updating for the storage of minutes of deeds that are protected from coercive circumstances or beyond human control force majeure is by making electronic fillings with the concept of Cyber Notary.]]>
<![CDATA[Urgensi Pembentukan Aturan Cyber Notary Berkaitan Dengan Penggunaan Sidik Jari Elektronik ]]>
<![CDATA[Dian Barry Wahyudi]]>;
<![CDATA[Gde Made Swardhana]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p12
<![CDATA[The absence of regulations regarding the attachment of fingerprints electronically will create a norm vacuum. The Amendment UUJN has required the appearers to attach their fingerprints so that there is not only a signature in the minutes of the deed. Therefore, the aim of this study is to examine the solicitation of the cyber notary in relation to the use of electronic fingerprints in making deeds, so the effectiveness of the implementation of cyber notary within the scope of the notary's duties. This research uses normative research that focuses on positive legal rules, and uses statutory as well as conceptual approaches. The application of cyber notary relating to the use of electronic fingerprints in making the deed cannot be carried out because there are no arrangements related to electronic fingerprints. The implementation of Cyber ??Notary within the Scope of the Notary Position has not been running properly or is not effective because the implementing regulations related to cyber notary have not been issued.]]>
<![CDATA[Peran Notaris Dalam Pendirian Perseroan untuk Usaha Mikro Dan Kecil ]]>
<![CDATA[Andi Nilam Cahya Zulfikar]]>;
<![CDATA[I Ketut Sudantra]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p2
<![CDATA[The purpose of this study is to analyze the company for micro and small businesses in terms of the Job Creation Act and the Limited Liability Company Act and analyze the role of a notary in establishing a company for micro and small businesses. This research is a type of normative research, using a statutory approach and a comparative approach. The results of this study are that there are very significant differences and there are still many legal loopholes contained in the Employment Creation Act regulations regarding companies for micro and small businesses, and that the process of establishing companies for micro and small businesses does not require a notarial deed in accordance with the provisions of the Act. - Law Number 11 of 2020 concerning Job Creation where the establishment process is carried out by registering it electronically at the Ministry of Law and Human Rights without the need for a notary deed.]]>
<![CDATA[Pengaturan Peran Notaris dan Metode Penyimpanan Minuta Akta Notariil Digital di Era Industri 4.0 ]]>
<![CDATA[Tjokorda Istri Agung Adintya Devi]]>;
<![CDATA[I Made Marta Wijaya]]>;
<![CDATA[Anak Agung Istri Ari Atu Dewi]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p8
<![CDATA[The purposes of this research are to identify and deciphere the Notary’s obligations and responsibilities to maintain the party’s information and data that contained in the Minutes of Deed pursuant to Amandement Notary Position Act and to analyze and elaborate th further method of storing the Minutes of Deed digitally based on the applicable laws. This study is used normative legal research that combined with several approaches namely legal concept analysis and statutory approach, also this study used qualitative analysis techniques through with several steps, namely systematization, description, and explanation. The research finds out that the Notary’s obligations and responsibilities to maintain the party’s information and data that contained in the Minutes of Deed as regulated in Article 16 paragraph (1) letter b and letter f. The method for storing Minutes of Deed digitally in the future is in accordance with the provisions of GR Number 28 of 2012, the ITE Law, and the Amendment Notary Position Act by Notaries to digitize the Minutes of Deed as part of the Notary Protocol is by transferring media as regulated in GR Number 28 of 2012 with stages, namely scanning or scanning of Minutes of Deed, authentication of digital Minutes of Deed, and storage of digital Minutes of Deed in physical storage media or cloud computing.]]>
<![CDATA[Pertanggungjawaban Hukum dan Perlindungan Hukum Notaris Terhadap Kewenangannya Membuat Party Acte ]]>
<![CDATA[I Gusti Ngurah Md Rama Andika]]>;
<![CDATA[Cokorda Dalem Dahana]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p13
<![CDATA[This research has purpose to inform about law protection and responsibilities Notary for party acte they have made. This research is studied using normative methodthat based on the theory of responsibility and protection that help to emphasize the scope of both, so that the legal responsibilities and protections for Notaries can be identified in making a party act. The results of this study conclude that there are three (3) forms of legal responsibility of a Notary in making a party act, namely first legal responsibility for the UUJN and applicable laws and regulations, second legal responsibility based on sanctions, namely administrative, criminal and civil, third absolute legal responsibility and based on error. Legal protection for a Notary is provided by laws and regulations through the rights/obligations of a Notary and based on an institution, is given by the Notary Honorary Council. The position of a Notary who is noble and dignified must be carried out with full responsibility and protected by law from parties who want to degrade the position of a Notary.]]>
<![CDATA[Penerapan Tata Cara Pendaftaran Tanah di Indonesia Berdasarkan Peraturan Pemerintah No. 18 Tahun 2021 ]]>
<![CDATA[Putu Reza Aditya Tirandika]]>;
<![CDATA[Made Gde Subha Karma Resen]]>
<![CDATA[ Acta Comitas Vol 8 No 01 (2023) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2023.v08.i01.p3
<![CDATA[The purpose of this study is to find and analyze the legal system governing land registration with respect to administrative power, land rights, housing units and land registration under Decree No. 18 of 2021 and to identify Decree No. 24 of 1997. to analyze. Identifying the legal impact of the administrative power, land rights, housing units and land registry on land registration by Decree No. 18 of 2021 and amendments to Decree No. 24 of 1997 after the enforcement of Decree No. 18 of 1997 and analysis effective 2021. This study is a normative legal study. The method used in this study is normative juridical with research specifications is descriptive analytical and data collection techniques using literature study with qualitative data analysis methods. To conclude, based on the findings of the investigation, that the Decree which is the legal basis for Decree No. 18 of 2021 on Land Rights, Housing and Management of Land Registry Units is still being implemented without government intervention. I can. Statutes that are canceled in advance. Decree No. 24 of 1997 on Land Registry. This differs in the notice period between the two decrees.]]>
