Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.756-770
Adyesha Nur Salma, Taufan Fajar Riyanto, I. Maerani
Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
{"title":"Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects","authors":"Adyesha Nur Salma, Taufan Fajar Riyanto, I. Maerani","doi":"10.30659/sanlar.4.3.756-770","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.756-770","url":null,"abstract":"Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, \"An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made.\" On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127456603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.822-831
Carki Carki, Jawade Hafidz, Nanang Sri Darmadi
Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral.
微型企业信贷是为微型、小型、中型企业(MSMEs)提供融资的形式，为生产性企业提供担保设施支持的营运资金。Bank BKC suukan Branch of Cirebon Regency是一个区域农村银行，除了传统的商业银行，如BNI, BTN, Bank Mandiri, Bukopin, Mandiri伊斯兰银行，这是由政府信任分发商业贷款。发生的现象是，通过这种微商信贷，借款人不需要向银行提供抵押品，因为这种信贷是一种没有抵押品的贷款，并且得到了政府的担保。这并不意味着如果这个项目由政府承担，这个项目就能顺利地按照预期进行。基本上，这笔贷款是世行在苏苏坎分行的BKC项目之一，在苏苏坎分行，银行是向公众发放小额企业信贷的地方，当然，银行的内部政策和要求也是如此。因此，无担保信贷是由这家银行促成的，因为基本上是微型企业推动了该地区的经济，因此，为了帮助微型社区，银行也从良好的经济运动中受益，这样银行业务中的银行活动就会很好，因为给定信贷的存在意味着银行在没有任何抵押品的情况下获得相对较高的利息。
{"title":"The Provision of Unsecured Micro Business Loans at Bank BKC Susukan Branch Office of Cirebon Regency","authors":"Carki Carki, Jawade Hafidz, Nanang Sri Darmadi","doi":"10.30659/sanlar.4.3.822-831","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.822-831","url":null,"abstract":"Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral. ","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"30 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132236392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.786-797
Aminsyah Aminsyah, A. Laksana
Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance division theory. The results of the study indicate that the position and position of the customary rights of the customary law community in the National Land Law is very important, the hierarchy is higher than the individual/individual rights to land. Customary law communities live and develop in accordance with the order of values and norms that they believe and obey as truth, including in this case customary norms in the concept of land tenure. Article 3 of the UUPA states that the acknowledgment of the existence of Ulayat rights of the customary law community as long as in reality it still exists, meaning that if in fact it does not exist, then the Ulayat rights can no longer be recognized, cannot be revived and new Ulayat rights cannot be created. The regulation of Ulayat rights is left to the Customary Law community. In providing services to the community, a Notary/PPAT has the duty to serve applications to make certain land deeds referred to in the regulations regarding land registration and the PPAT Position regulations.
{"title":"The Role of Notaries and PPAT in Protecting Gayo Customary Rights","authors":"Aminsyah Aminsyah, A. Laksana","doi":"10.30659/sanlar.4.3.786-797","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.786-797","url":null,"abstract":"Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance division theory. The results of the study indicate that the position and position of the customary rights of the customary law community in the National Land Law is very important, the hierarchy is higher than the individual/individual rights to land. Customary law communities live and develop in accordance with the order of values and norms that they believe and obey as truth, including in this case customary norms in the concept of land tenure. Article 3 of the UUPA states that the acknowledgment of the existence of Ulayat rights of the customary law community as long as in reality it still exists, meaning that if in fact it does not exist, then the Ulayat rights can no longer be recognized, cannot be revived and new Ulayat rights cannot be created. The regulation of Ulayat rights is left to the Customary Law community. In providing services to the community, a Notary/PPAT has the duty to serve applications to make certain land deeds referred to in the regulations regarding land registration and the PPAT Position regulations.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"31 6-7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123654195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.716-727
Anisya Nur Setyani, Dahniarti Hasana, Siti Ummu Adillah
The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates.
{"title":"The Issuance of Land Certificates from an Electronic System","authors":"Anisya Nur Setyani, Dahniarti Hasana, Siti Ummu Adillah","doi":"10.30659/sanlar.4.3.716-727","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.716-727","url":null,"abstract":"The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124868402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.798-808
Ardhea Safira Prawestri, Taufan Fajar Riyanto
The role of the Notary in the process of establishing the Association, among others, is to make a deed of Establishment of the Association and register it with the Ministry of Law and Human Rights if it is desired that the association is a legal entity. The existence of an authentic deed made by a notary is used to protect and guarantee the rights and obligations of the parties to the agreement. A normative juridical approach is used in this study, and is carried out by examining existing library materials. The results of this study are the legal position of a notary deed in the establishment of a water user farmer association in Semarang district is recognized by regulations, namely according to Act No. 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Act No. 2 of 2017 concerning Amendments to Act No. 17 of 2013 concerning Social Organizations. The legal consequences that arise from the establishment of a notarized association of farmers using water will result in legal certainty for farmers in improving irrigation management independently, efficiently, and effectively.
{"title":"The Legal Position of Notary Deed in Establishing Water-Using Farmers' Associations","authors":"Ardhea Safira Prawestri, Taufan Fajar Riyanto","doi":"10.30659/sanlar.4.3.798-808","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.798-808","url":null,"abstract":"The role of the Notary in the process of establishing the Association, among others, is to make a deed of Establishment of the Association and register it with the Ministry of Law and Human Rights if it is desired that the association is a legal entity. The existence of an authentic deed made by a notary is used to protect and guarantee the rights and obligations of the parties to the agreement. A normative juridical approach is used in this study, and is carried out by examining existing library materials. The results of this study are the legal position of a notary deed in the establishment of a water user farmer association in Semarang district is recognized by regulations, namely according to Act No. 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Act No. 2 of 2017 concerning Amendments to Act No. 17 of 2013 concerning Social Organizations. The legal consequences that arise from the establishment of a notarized association of farmers using water will result in legal certainty for farmers in improving irrigation management independently, efficiently, and effectively.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129953162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.809-821
Arif Sujatmaka, Widhi Handoko
The purpose of this study is to find out and analyze efforts to resolve non-performing loans through the execution of mortgage guarantees without a court decision and to find out and analyze the legal consequences of the execution of mortgage guarantees without going through a court decision. The research approach method used in this journal is a sociological juridical approach. . Collecting data using interview methods, document studies or library materials. After the researcher collected data, then the data obtained from the interviews and document studies were analyzed qualitatively. Qualitative data analysis, is a research method that produces descriptive data analysis, namely what was stated by the respondent in writing or verbally and also his real behavior, researched and studied as a whole. After the data analysis is complete, the results will be presented descriptively, namely by telling and describing what is in accordance with the problems studied. Furthermore, a conclusion is drawn which is the answer to the problems raised in this study. Efforts made by the Bank include collecting in the form of money to customers, restructuring credit, conducting mortgage auctions, direct write off method which is carried out when a receivable is believed to be uncollectible or repaid by the debtor, resulting in losses on receivables, directly debited to the accounts receivable loss account so that the reserve for receivables loss account is no longer used and as a result of the law the auction is null and void.
{"title":"The Efforts to Settle Non-performing Loans through the Execution of Mortgage Guarantees without a Court Decision","authors":"Arif Sujatmaka, Widhi Handoko","doi":"10.30659/sanlar.4.3.809-821","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.809-821","url":null,"abstract":"The purpose of this study is to find out and analyze efforts to resolve non-performing loans through the execution of mortgage guarantees without a court decision and to find out and analyze the legal consequences of the execution of mortgage guarantees without going through a court decision. The research approach method used in this journal is a sociological juridical approach. . Collecting data using interview methods, document studies or library materials. After the researcher collected data, then the data obtained from the interviews and document studies were analyzed qualitatively. Qualitative data analysis, is a research method that produces descriptive data analysis, namely what was stated by the respondent in writing or verbally and also his real behavior, researched and studied as a whole. After the data analysis is complete, the results will be presented descriptively, namely by telling and describing what is in accordance with the problems studied. Furthermore, a conclusion is drawn which is the answer to the problems raised in this study. Efforts made by the Bank include collecting in the form of money to customers, restructuring credit, conducting mortgage auctions, direct write off method which is carried out when a receivable is believed to be uncollectible or repaid by the debtor, resulting in losses on receivables, directly debited to the accounts receivable loss account so that the reserve for receivables loss account is no longer used and as a result of the law the auction is null and void.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128489414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.728-734
Eva Zuliana, Umar Ma’ruf, Rakhmat Bowo Suharto
The law enforcement is an effort to implement the code of ethics of a notary as it should be, supervise its implementation so that there is no violation, and if there is a violation, restore the violated code of ethics so that it is re-enforced. Notaries in carrying out their duties and positions are not closed to the possibility of committing violations. This study aims to find out and analyze the enforcement of the code of ethics for notaries who have committed violations, and what are the obstacles to the Notary Honorary Council in imposing sanctions on the code of ethics for notaries who commit violations. Based on research results shown the law enforcement of the code of ethics for notaries who commit violations is that the Honorary Council makes summons, gives warnings to notaries who commit violations, and holds hearings to examine suspected violations of the code of ethics. The obstacles of the Notary Honorary Council in enforcing the code of ethics are the limited number of members of the Notary Honorary Council so that they cannot carry out their duties optimally if one of them cannot attend, and there is a feeling of reluctance to fellow professionals to reprimand or impose sanctions.
{"title":"The Law Enforcement Analysis of Violations of the Notary Code of Ethics","authors":"Eva Zuliana, Umar Ma’ruf, Rakhmat Bowo Suharto","doi":"10.30659/sanlar.4.3.728-734","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.728-734","url":null,"abstract":"The law enforcement is an effort to implement the code of ethics of a notary as it should be, supervise its implementation so that there is no violation, and if there is a violation, restore the violated code of ethics so that it is re-enforced. Notaries in carrying out their duties and positions are not closed to the possibility of committing violations. This study aims to find out and analyze the enforcement of the code of ethics for notaries who have committed violations, and what are the obstacles to the Notary Honorary Council in imposing sanctions on the code of ethics for notaries who commit violations. Based on research results shown the law enforcement of the code of ethics for notaries who commit violations is that the Honorary Council makes summons, gives warnings to notaries who commit violations, and holds hearings to examine suspected violations of the code of ethics. The obstacles of the Notary Honorary Council in enforcing the code of ethics are the limited number of members of the Notary Honorary Council so that they cannot carry out their duties optimally if one of them cannot attend, and there is a feeling of reluctance to fellow professionals to reprimand or impose sanctions.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125682780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.771-785
Abdullah Galih Nanda Prasetya, Bambang Tri Bawono
This study aims to analyze: 1) Juridical analysis of the use of electronic signatures on electronic land certificates in the conception of legal certainty. 2). Legal protection for electronic certificate holders as a guarantee of ownership of land rights. The approach method used in discussing this research problem is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The use of electronic signatures on electronic land certificates in the conception of legal certainty is legal and can be used as authentic evidence if needed in court. The use of electronic signatures on electronic land certificates guarantees legal certainty for land owners. The use of electronic signatures in court is a form of expansion of valid evidence in accordance with the applicable procedural law in Indonesia. An electronic signature has the same proving power as an authentic deed. As stipulated in the ITE Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 and Spatial Planning/Head of National Land Agency of the Republic of Indonesia Number 1 of 2021. 2) Legal protection for electronic certificate holders as a guarantee of ownership of land rights is guaranteed by law. Repressive protection regarding electronic land certificates, as evidence of electronic ownership is recognized by the Electronic Information and Transaction Law (UU ITE). In terms of validity, there are no problems, especially since it has been strengthened in Article 5 of the Ministerial Regulation of ATR/BPN No. 1 of 2021, as well as Article 84 of Government Regulation No. 18 of 2021. Meanwhile, preventive protection for security has been prepared by the Ministry of ATR/BPN in anticipation of data leakage through collaboration with BSSN. . The electronic land certificate will enforce an electronic signature and use a Hash Code (a method to verify authenticity) and a QR Code (a matrix code created so that its contents can be parsed at high speed which requires a scan or scan to open it) guaranteed by the National Cyber and Crypto Agency (BSSN).
{"title":"The Juridical Analysis of the Use of Electronic Signatures on Electronic Land Certificates in the Conception of Legal Certainty","authors":"Abdullah Galih Nanda Prasetya, Bambang Tri Bawono","doi":"10.30659/sanlar.4.3.771-785","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.771-785","url":null,"abstract":"This study aims to analyze: 1) Juridical analysis of the use of electronic signatures on electronic land certificates in the conception of legal certainty. 2). Legal protection for electronic certificate holders as a guarantee of ownership of land rights. The approach method used in discussing this research problem is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The use of electronic signatures on electronic land certificates in the conception of legal certainty is legal and can be used as authentic evidence if needed in court. The use of electronic signatures on electronic land certificates guarantees legal certainty for land owners. The use of electronic signatures in court is a form of expansion of valid evidence in accordance with the applicable procedural law in Indonesia. An electronic signature has the same proving power as an authentic deed. As stipulated in the ITE Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 and Spatial Planning/Head of National Land Agency of the Republic of Indonesia Number 1 of 2021. 2) Legal protection for electronic certificate holders as a guarantee of ownership of land rights is guaranteed by law. Repressive protection regarding electronic land certificates, as evidence of electronic ownership is recognized by the Electronic Information and Transaction Law (UU ITE). In terms of validity, there are no problems, especially since it has been strengthened in Article 5 of the Ministerial Regulation of ATR/BPN No. 1 of 2021, as well as Article 84 of Government Regulation No. 18 of 2021. Meanwhile, preventive protection for security has been prepared by the Ministry of ATR/BPN in anticipation of data leakage through collaboration with BSSN. . The electronic land certificate will enforce an electronic signature and use a Hash Code (a method to verify authenticity) and a QR Code (a matrix code created so that its contents can be parsed at high speed which requires a scan or scan to open it) guaranteed by the National Cyber and Crypto Agency (BSSN).","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123112396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-15DOI: 10.30659/sanlar.4.3.735-744
Nirwan Kusuma, Aryani Witasari, Denny Suwondo
This research aims to know and analyzing the role of a notary in making a will regarding the distribution of inheritance according to Islamic law.Analyzing the role of a Notary in making a will based on the provisions of the laws and regulations in force in Indonesia as well as the compilation of Islamic law as well as the obstacles and solutions of a notary inmaking a will regarding the distribution of inheritance according to Islamic law. This research is a type of legal research with a focus on the study of sociological juridical approach (Sociology Legal Research). Juridically by reviewing the applicable laws and regulations in accordance with the compilation of Islamic law and the Civil Code to achieve the final goal. The results of a sociological juridical study on the role of the role of a notary in making a will regarding the distribution of inheritance according to Islamic law is the role of a Notary in making a will before a Notary refers to the provisions of Article 1 point 1 UUJN which states, "Notaries are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law or based on other laws", where each will or testament must be in the form of a deed in order to obtain legal certainty as a binding authentic deed. Inheritance assets often cause various legal and social problems, the obstacles that are often faced by notaries are very complex in their implementation, including: the notary lacks control and does not understand all the provisions of the inheritance certificate, the notary is not careful enough to check and ensure the completeness of the documents, the difficulty of the notary to ensure that the witnesses presented must really know about the family of the deceased heir, it is still often encountered witnesses or heirs who are dishonest in providing information and there is no legal unification regarding the regulation of the implementation of the certificate of inheritance in Indonesia. From the above constraints, the researcher draws conclusions in the form of solutions including: notaries have a role to educate to become professional and reliable notaries, namely by carrying out scientific activities such as seminars about notaries, notaries in taking an action must be prepared and based on rules applicable law, a notary must be able to observe the actual facts in the reality.
{"title":"The Role of Notaries in Making Wills Regarding the Distribution of Inheritance according to Islamic Compilation Law","authors":"Nirwan Kusuma, Aryani Witasari, Denny Suwondo","doi":"10.30659/sanlar.4.3.735-744","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.735-744","url":null,"abstract":"This research aims to know and analyzing the role of a notary in making a will regarding the distribution of inheritance according to Islamic law.Analyzing the role of a Notary in making a will based on the provisions of the laws and regulations in force in Indonesia as well as the compilation of Islamic law as well as the obstacles and solutions of a notary inmaking a will regarding the distribution of inheritance according to Islamic law. This research is a type of legal research with a focus on the study of sociological juridical approach (Sociology Legal Research). Juridically by reviewing the applicable laws and regulations in accordance with the compilation of Islamic law and the Civil Code to achieve the final goal. The results of a sociological juridical study on the role of the role of a notary in making a will regarding the distribution of inheritance according to Islamic law is the role of a Notary in making a will before a Notary refers to the provisions of Article 1 point 1 UUJN which states, \"Notaries are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law or based on other laws\", where each will or testament must be in the form of a deed in order to obtain legal certainty as a binding authentic deed. Inheritance assets often cause various legal and social problems, the obstacles that are often faced by notaries are very complex in their implementation, including: the notary lacks control and does not understand all the provisions of the inheritance certificate, the notary is not careful enough to check and ensure the completeness of the documents, the difficulty of the notary to ensure that the witnesses presented must really know about the family of the deceased heir, it is still often encountered witnesses or heirs who are dishonest in providing information and there is no legal unification regarding the regulation of the implementation of the certificate of inheritance in Indonesia. From the above constraints, the researcher draws conclusions in the form of solutions including: notaries have a role to educate to become professional and reliable notaries, namely by carrying out scientific activities such as seminars about notaries, notaries in taking an action must be prepared and based on rules applicable law, a notary must be able to observe the actual facts in the reality.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134177815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-06DOI: 10.30659/sanlar.4.2.616-632
Nur Imita Dachlan
The notary makes a power of attorney to sell on the binding of subsidized housing loans is a legal act that has been in accordance with the law on his authority to make an authentic deed and has been based on the wishes of the appearers. However, in practice, the power of attorney (in this case, the debtor of subsidized housing loans) when there is a default, the debtor sues the notary deed to be canceled or cancelled. This study aims to identify and analyze the responsibility of the Notary for making a power of attorney to sell on subsidized housing loans to debtors who default. The research approach method used in this thesis is a normative juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the Civil Code; Permenkumham No. 17 of 2021; Letter of Exit from the Head of the National Land Agency of the Republic of Indonesia, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results of the study show that: (1) The authority of the Notary to make a power of attorney to sell on subsidized housing loans is appropriate based on the Exit Letter of the Head of the National Land Agency No. 4398/17.3-300/XI/2011. (2) The Notary's responsibility as a public official if proven guilty of making a power of attorney to sell a house on a subsidized housing loan, then based on the Law on Notary Position, the deed in question only has the power of proof as a private deed.
{"title":"The Notary Responsibility for Making A Power of Attorney to Sell on Subsidized Housing Loans to Debtors Who Default","authors":"Nur Imita Dachlan","doi":"10.30659/sanlar.4.2.616-632","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.616-632","url":null,"abstract":"The notary makes a power of attorney to sell on the binding of subsidized housing loans is a legal act that has been in accordance with the law on his authority to make an authentic deed and has been based on the wishes of the appearers. However, in practice, the power of attorney (in this case, the debtor of subsidized housing loans) when there is a default, the debtor sues the notary deed to be canceled or cancelled. This study aims to identify and analyze the responsibility of the Notary for making a power of attorney to sell on subsidized housing loans to debtors who default. The research approach method used in this thesis is a normative juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the Civil Code; Permenkumham No. 17 of 2021; Letter of Exit from the Head of the National Land Agency of the Republic of Indonesia, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results of the study show that: (1) The authority of the Notary to make a power of attorney to sell on subsidized housing loans is appropriate based on the Exit Letter of the Head of the National Land Agency No. 4398/17.3-300/XI/2011. (2) The Notary's responsibility as a public official if proven guilty of making a power of attorney to sell a house on a subsidized housing loan, then based on the Law on Notary Position, the deed in question only has the power of proof as a private deed.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124230523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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