Pub Date : 2022-08-01DOI: 10.30659/sanlar.4.2.581-593
M. Firdaus
Procedures for granting Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area, namely Submission of files; Loan file investigation; Interview 1; On the spot; Interview 2; Credit decisions; Signing of credit contracts/other agreements; Credit realization; and Distribution/auction house. The regulation of the time period regarding the SKMHT Deed in the Mortgage Law clearly states that the SKMHT cannot be withdrawn or cannot be terminated for any reason, except because the power of attorney has been exercised or because the term has expired. The period of use of SKMHT in the provision of Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area in its implementation is followed by the Deed of Granting Mortgage Rights (APHT). This type of research is normative or juridical normative, namely by researching library materials and secondary materials, while the nature of this research is analytical descriptive. Sources of data in this study is secondary data. The data collection used in writing this thesis is through literature research techniques. The method of data analysis carried out by the author is a qualitative approach. It is expected that the Bank Mandiri Area Semarang Pahlawan should be objective in selecting prospective debtors so that the benefits of the Subsidized Housing Credit program can be felt, it is hoped that the government regarding the provisions of Article 15 paragraph (3) and (4) UUHT to be reviewed because the SKMHT period is fairly short and not commensurate with the length of the process of issuing the certificate of land rights and it is hoped that the Bank Mandiri Area Semarang Pahlawan in the use of SKMHT in the provision of Subsidized Housing Credit facilities should be followed by APHT in its implementation.
Mandiri三宝垄Pahlawan地区银行发放补贴住房贷款的程序，即提交文件;贷款档案调查;面试1;当场的;面试2;信贷决策;签订信贷合同/其他协议;信用实现;分销/拍卖行。《抵押法》对SKMHT契据的期限规定明确规定，SKMHT不得因任何理由被撤回或终止，除非委托书已行使或期限已满。在Mandiri Semarang Pahlawan地区银行提供补贴住房贷款设施的SKMHT使用期间，随后是授予抵押权利契据(APHT)。这种类型的研究是规范性或法律规范性的，即通过研究图书馆资料和二手资料，而这种研究的性质是分析描述性的。本研究的数据来源为二手数据。在撰写本论文时使用的数据收集是通过文献研究法。作者采用的数据分析方法是定性分析。预期Mandiri地区三宝垄巴拉万银行在选择潜在债务人时应客观，以便能够感受到补贴住房信贷方案的好处。希望政府对uht第15条第(3)和(4)款的规定进行审查，因为SKMHT期限相当短，与颁发土地权利证书的过程长度不相称，希望三宝垄巴拉万银行在使用SKMHT提供补贴住房信贷便利时，应该遵循APHT的实施。
{"title":"The Juridical Analysis of the Term of Banking Liability Loan Ownership of FLPP Prosperity","authors":"M. Firdaus","doi":"10.30659/sanlar.4.2.581-593","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.581-593","url":null,"abstract":"Procedures for granting Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area, namely Submission of files; Loan file investigation; Interview 1; On the spot; Interview 2; Credit decisions; Signing of credit contracts/other agreements; Credit realization; and Distribution/auction house. The regulation of the time period regarding the SKMHT Deed in the Mortgage Law clearly states that the SKMHT cannot be withdrawn or cannot be terminated for any reason, except because the power of attorney has been exercised or because the term has expired. The period of use of SKMHT in the provision of Subsidized Housing Loan facilities by Bank Mandiri Semarang Pahlawan Area in its implementation is followed by the Deed of Granting Mortgage Rights (APHT). This type of research is normative or juridical normative, namely by researching library materials and secondary materials, while the nature of this research is analytical descriptive. Sources of data in this study is secondary data. The data collection used in writing this thesis is through literature research techniques. The method of data analysis carried out by the author is a qualitative approach. It is expected that the Bank Mandiri Area Semarang Pahlawan should be objective in selecting prospective debtors so that the benefits of the Subsidized Housing Credit program can be felt, it is hoped that the government regarding the provisions of Article 15 paragraph (3) and (4) UUHT to be reviewed because the SKMHT period is fairly short and not commensurate with the length of the process of issuing the certificate of land rights and it is hoped that the Bank Mandiri Area Semarang Pahlawan in the use of SKMHT in the provision of Subsidized Housing Credit facilities should be followed by APHT in its implementation.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126676435","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.357-367
S. Damayanti, Nanang Sri Darmadi
This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.
{"title":"The Responsibility of Werda Notary to Deals the Problems What Has Done","authors":"S. Damayanti, Nanang Sri Darmadi","doi":"10.30659/sanlar.4.2.357-367","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.357-367","url":null,"abstract":"This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115217066","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.331-340
Fatoni Winahyu, S. Kusriyah
This study aims to determine and analyze about the role of PPAT in the registration process for the transfer of land rights based on buying and selling in Pati Regency. The research approach method used in this thesis is a sociological juridical approach. The specification of this research is analytical descriptive, a study that tries to describe the problems that occur in practice in the field associated with other provisions and then analyzed to obtain supporting facts and inhibiting factors of the problems studied. The data sources of this research consist of primary data and secondary data. Methods of collecting data using interviews, document studies, field studies.The data obtained from both field studies and document studies are basically data that were analyzed descriptively qualitatively. The results showed thatThe deed made by PPAT acts as an authentic deed, one of which is the deed of sale and purchase (AJB), which is a deed made when someone wants to sell their land to someone else. AJB functions to take care of the letters of transition from the old owner to the new owner. Before making the AJB, PPAT checks the authenticity of the certificate to the land office. The making of AJB is attended by sellers, prospective buyers, and at least two witnesses. AJB is made if the sale and purchase transaction has been paid off. According to the Decree of the State Minister of Public Housing Number 9 of 1995 concerning Guidelines for Binding the Sale and Purchase of Houses; AJB must be signed by the buyer and seller before the PPAT if the buyer has paid the entire land price along with taxes and other costs related to the sale and purchase transaction.
{"title":"The Role of PPAT in the Registration Process for the Transfer of Land Rights based on Buying and Selling Transaction","authors":"Fatoni Winahyu, S. Kusriyah","doi":"10.30659/sanlar.4.2.331-340","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.331-340","url":null,"abstract":"This study aims to determine and analyze about the role of PPAT in the registration process for the transfer of land rights based on buying and selling in Pati Regency. The research approach method used in this thesis is a sociological juridical approach. The specification of this research is analytical descriptive, a study that tries to describe the problems that occur in practice in the field associated with other provisions and then analyzed to obtain supporting facts and inhibiting factors of the problems studied. The data sources of this research consist of primary data and secondary data. Methods of collecting data using interviews, document studies, field studies.The data obtained from both field studies and document studies are basically data that were analyzed descriptively qualitatively. The results showed thatThe deed made by PPAT acts as an authentic deed, one of which is the deed of sale and purchase (AJB), which is a deed made when someone wants to sell their land to someone else. AJB functions to take care of the letters of transition from the old owner to the new owner. Before making the AJB, PPAT checks the authenticity of the certificate to the land office. The making of AJB is attended by sellers, prospective buyers, and at least two witnesses. AJB is made if the sale and purchase transaction has been paid off. According to the Decree of the State Minister of Public Housing Number 9 of 1995 concerning Guidelines for Binding the Sale and Purchase of Houses; AJB must be signed by the buyer and seller before the PPAT if the buyer has paid the entire land price along with taxes and other costs related to the sale and purchase transaction.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129313583","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.379-395
Uslifatul Jannah, S. Wahyuningsih
This study aims to find out and analyze the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, as well as to find out and analyze the obstacles and solutions in the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in the Regency. Bogor. This research method uses a sociological juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1) The implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, namely the implementation of the construction of the Bogor Outer Ring Road (BORR) as a whole has not been carried out optimally because there is still land that has not been paid for with various kinds of problems. . Until the end of this research, there are still 36 (thirty six) of the 171 (one hundred and seventy one) remaining land parcels that have not received compensation, namely the remaining land parcels located in Cibadak Village and Kayu Manis Village; 2) Implementation of compensation for the remaining land there are several obstacles that hinder the implementation, namely obstacles from the community which include objections to the amount of compensation, objections to the provisions on the area of the remaining land parcels to be compensated, and the application for compensation for the remaining land which is not done collectively. Meanwhile, the obstacle from the government is that there is a legal vacuum regarding the compensation mechanism for the remaining land which has an area of more than 100 m2.
{"title":"The Implementation of Compensation for the Rest of the Land in Land Procurement for the Construction of Public Facilities","authors":"Uslifatul Jannah, S. Wahyuningsih","doi":"10.30659/sanlar.4.2.379-395","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.379-395","url":null,"abstract":"This study aims to find out and analyze the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, as well as to find out and analyze the obstacles and solutions in the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in the Regency. Bogor. This research method uses a sociological juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1) The implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, namely the implementation of the construction of the Bogor Outer Ring Road (BORR) as a whole has not been carried out optimally because there is still land that has not been paid for with various kinds of problems. . Until the end of this research, there are still 36 (thirty six) of the 171 (one hundred and seventy one) remaining land parcels that have not received compensation, namely the remaining land parcels located in Cibadak Village and Kayu Manis Village; 2) Implementation of compensation for the remaining land there are several obstacles that hinder the implementation, namely obstacles from the community which include objections to the amount of compensation, objections to the provisions on the area of the remaining land parcels to be compensated, and the application for compensation for the remaining land which is not done collectively. Meanwhile, the obstacle from the government is that there is a legal vacuum regarding the compensation mechanism for the remaining land which has an area of more than 100 m2.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128993057","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.368-378
Soni Hana Fika, Dahniarti Hasana
. This study aims to determine and analyze the authority of the Balai Harta Peninggalan in making information on inheritance rights after the enactment of Permenkumham No. 7 of 2021, the roles and responsibilities of Notaries in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021. The use of the sociological juridical approach in legal research is caused by problems that are closely studied with juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of certainty and the theory of authority. The results of the study indicate that the authority of the Balai Harta Peninggalan in making a certificate of inheritance after the enactment of Permenkumham No. 7 of 2021 has been regulated in Article 3 letter c, in carrying out BHP's obligations to carry out the function of making an inheritance certificate. However, in Permenkumham No. 7 of 2021, it is not explained who can make a certificate of inheritance at the BHP. The role of the Notary in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021, namely making inheritance rights in accordance with the stipulated requirements and procedures for making inheritance certificates. Notaries must ensure the process of inheritance distribution for the use of groups and parties involved in the distribution of inheritance. The notary in making the certificate of inheritance is responsible for the village and sub-district if the SKWH does not appear in the deed. However, there are SKHWs of Chinese descent which are the obligation of a notary, because they use a Notary SKHW. And depending on the request or the needs of the client itself. Do you want SKWH or take a notary deed.
{"title":"The New Role of Notaries in Making Information on Inheritance Rights after the New Enactment","authors":"Soni Hana Fika, Dahniarti Hasana","doi":"10.30659/sanlar.4.2.368-378","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.368-378","url":null,"abstract":". This study aims to determine and analyze the authority of the Balai Harta Peninggalan in making information on inheritance rights after the enactment of Permenkumham No. 7 of 2021, the roles and responsibilities of Notaries in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021. The use of the sociological juridical approach in legal research is caused by problems that are closely studied with juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of certainty and the theory of authority. The results of the study indicate that the authority of the Balai Harta Peninggalan in making a certificate of inheritance after the enactment of Permenkumham No. 7 of 2021 has been regulated in Article 3 letter c, in carrying out BHP's obligations to carry out the function of making an inheritance certificate. However, in Permenkumham No. 7 of 2021, it is not explained who can make a certificate of inheritance at the BHP. The role of the Notary in the implementation of making inheritance rights after the enactment of Permenkumham No. 7 of 2021, namely making inheritance rights in accordance with the stipulated requirements and procedures for making inheritance certificates. Notaries must ensure the process of inheritance distribution for the use of groups and parties involved in the distribution of inheritance. The notary in making the certificate of inheritance is responsible for the village and sub-district if the SKWH does not appear in the deed. However, there are SKHWs of Chinese descent which are the obligation of a notary, because they use a Notary SKHW. And depending on the request or the needs of the client itself. Do you want SKWH or take a notary deed.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115075848","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.396-408
Wahyu Adi Wibowo, Siti Rodhiyah Dwi Istinah, I. Maerani
This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.
{"title":"The Legal Position of Insurance Agreement (Borgtocht) as a Form of Credit Bindings","authors":"Wahyu Adi Wibowo, Siti Rodhiyah Dwi Istinah, I. Maerani","doi":"10.30659/sanlar.4.2.396-408","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.396-408","url":null,"abstract":"This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127221791","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.306-318
Abdul Hasim, G. Gunarto
This study aims to analyze role and responsibilities of a notary and the procedure for registering associations through the online Legal Entity Administration System. The approach method in this research was a sociological juridical approach. The data used were primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded the association registration procedure through the online Legal Entity Administration System is uncomplicated and the procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the association legal entity is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-.
{"title":"Notary�s Role & Responsibilities in the Implementation of Association Registration through Online Legal Entity Administration System","authors":"Abdul Hasim, G. Gunarto","doi":"10.30659/sanlar.4.2.306-318","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.306-318","url":null,"abstract":"This study aims to analyze role and responsibilities of a notary and the procedure for registering associations through the online Legal Entity Administration System. The approach method in this research was a sociological juridical approach. The data used were primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded the association registration procedure through the online Legal Entity Administration System is uncomplicated and the procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the association legal entity is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116139512","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.319-330
Riski Suherman, Bambang Tri Bawono
This study aims to determine and analyze legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl. The research method uses a normative juridical approach and the specifications used are descriptive analytical, data collection uses a literature study. This study also uses qualitative data analysis techniques. The results of the study indicate that legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl shows that legal protection for Notaries in land sales and purchase disputes can be realized based on Article 15 paragraph (1) and Article 16 paragraph (1) letter a UUJN-P. These two norms provide legal protection to notaries from the aspect of authority regarding the issuance of authentic deeds and how their positions must be carried out. On the other hand, due to the sale and purchase not proceeding as stated in Article 1457 of the Civil Code, the obligation for the Notary to return it to the Plaintiff must have a strong legal basis. A very adequate legal basis is through a court decision ordering the Notary to return it to the Plaintiff. Meanwhile, from the aspect of public services, the issuance of the Sale and Purchase Deed Number 75 for the purposes of the plaintiff and the defendant and not submitting the plaintiff's certificate carried out by the Notary is an act protected by law based on Public Service Law.
{"title":"The Legal Protection on Notary in Dispute of Land Sales & Purchase Disputes","authors":"Riski Suherman, Bambang Tri Bawono","doi":"10.30659/sanlar.4.2.319-330","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.319-330","url":null,"abstract":"This study aims to determine and analyze legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl. The research method uses a normative juridical approach and the specifications used are descriptive analytical, data collection uses a literature study. This study also uses qualitative data analysis techniques. The results of the study indicate that legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl shows that legal protection for Notaries in land sales and purchase disputes can be realized based on Article 15 paragraph (1) and Article 16 paragraph (1) letter a UUJN-P. These two norms provide legal protection to notaries from the aspect of authority regarding the issuance of authentic deeds and how their positions must be carried out. On the other hand, due to the sale and purchase not proceeding as stated in Article 1457 of the Civil Code, the obligation for the Notary to return it to the Plaintiff must have a strong legal basis. A very adequate legal basis is through a court decision ordering the Notary to return it to the Plaintiff. Meanwhile, from the aspect of public services, the issuance of the Sale and Purchase Deed Number 75 for the purposes of the plaintiff and the defendant and not submitting the plaintiff's certificate carried out by the Notary is an act protected by law based on Public Service Law.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"2019 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128041055","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.409-432
Wahyu Hanggono, Fajar Taufan Riyanto, R. Sugiharto
This study aims to examine the juridical analysis of the sale and purchase of uncertified plots of land in Palangkaraya City in the conception of legal certainty, as well as to examine the legal responsibility for the parties to the sale and purchase of uncertified plots of land in Palangkaraya City. This research method uses an empirical juridical approach. The research specifications used are library research and field research. The data sources used are primary data obtained from interviews. Based on the results of the study, it can be concluded: 1) that the sale and purchase of uncertified plots in Palangkaraya City still causes many legal problems, especially regarding land ownership disputes, because the proof of ownership of the plot of land in the form of a Land Declaration Letter (SPT) and proof of sale and purchase in the form of a Land Transfer Statement (SPPT) still does not have legal force. This proves that Gustav Radbruch's theory is still not working well; 2) The legal liability carried out by the seller of the land plot is in principle in accordance with the theory of legal responsibility put forward by Hans Kelsen which states that a person is legally responsible for a certain act or that he bears legal responsibility when committing an act that is contrary to the law.
本研究旨在检视在法律确定性的概念下，帕兰卡拉亚市未证地块买卖的法律分析，并检视买卖帕兰卡拉亚市未证地块当事人的法律责任。本研究方法采用实证法学方法。使用的研究规范是图书馆研究和实地研究。使用的数据来源是从访谈中获得的原始数据。根据研究结果，可以得出以下结论:1)帕朗卡拉亚市的无证地块买卖仍然存在许多法律问题，特别是在土地所有权纠纷方面，因为以土地申报书(land Declaration Letter, SPT)形式的地块所有权证明和以土地转让声明(land Transfer Statement, SPPT)形式的买卖证明仍然不具有法律效力。这证明了古斯塔夫·拉德布鲁赫的理论仍然行不通;2)卖地人所承担的法律责任原则上符合汉斯·凯尔森提出的法律责任理论，即人对某一行为负有法律责任，或者对违反法律的行为负有法律责任。
{"title":"Juridical Analysis of the Sale and Purchase of Uncertified Plots in the Conception of Legal Certainty","authors":"Wahyu Hanggono, Fajar Taufan Riyanto, R. Sugiharto","doi":"10.30659/sanlar.4.2.409-432","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.409-432","url":null,"abstract":"This study aims to examine the juridical analysis of the sale and purchase of uncertified plots of land in Palangkaraya City in the conception of legal certainty, as well as to examine the legal responsibility for the parties to the sale and purchase of uncertified plots of land in Palangkaraya City. This research method uses an empirical juridical approach. The research specifications used are library research and field research. The data sources used are primary data obtained from interviews. Based on the results of the study, it can be concluded: 1) that the sale and purchase of uncertified plots in Palangkaraya City still causes many legal problems, especially regarding land ownership disputes, because the proof of ownership of the plot of land in the form of a Land Declaration Letter (SPT) and proof of sale and purchase in the form of a Land Transfer Statement (SPPT) still does not have legal force. This proves that Gustav Radbruch's theory is still not working well; 2) The legal liability carried out by the seller of the land plot is in principle in accordance with the theory of legal responsibility put forward by Hans Kelsen which states that a person is legally responsible for a certain act or that he bears legal responsibility when committing an act that is contrary to the law.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124803981","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 : 2022-07-29DOI: 10.30659/sanlar.4.2.341-356
K. Komarudin, Jawade Hafidz
This study aims to determineand analyzelegal considerations used by judges in making decisions on the cancellation of the sale and purchase binding deed carried out before a notary by the parties, to find out and analyze the legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the parties, to find out and analyze the legal remedies that can be taken by the parties in the cancellation of the binding deed buying and selling made before a notary. This research method usesnormative juridical approach.Research specificationsin this research is descriptive analytical. Techniques and data collection in this study were carried out using library research methods. Methods of data analysis using descriptive data analysis using inductive thinking method. The results of the study show that: 1) Legal considerations used by judges in making decisions oncancellation of the deed of binding sale and purchase carried out before a notary by the parties isif one of the parties defaults and to sue based on the agreed articles. 2) The legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the partiesare compensation, cancellation of agreement, and cancellation accompanied by compensation. 3) Legal remedies that can be taken by the parties in the cancellation of the sale and purchase binding deed made before a notary are: the buyer can make a claim for compensation in the fulfillment of a sense of justice.
{"title":"The Cancellation of the Sale & Purchase Binding Deed Carried Out before a Notary by the Parties","authors":"K. Komarudin, Jawade Hafidz","doi":"10.30659/sanlar.4.2.341-356","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.341-356","url":null,"abstract":"This study aims to determineand analyzelegal considerations used by judges in making decisions on the cancellation of the sale and purchase binding deed carried out before a notary by the parties, to find out and analyze the legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the parties, to find out and analyze the legal remedies that can be taken by the parties in the cancellation of the binding deed buying and selling made before a notary. This research method usesnormative juridical approach.Research specificationsin this research is descriptive analytical. Techniques and data collection in this study were carried out using library research methods. Methods of data analysis using descriptive data analysis using inductive thinking method. The results of the study show that: 1) Legal considerations used by judges in making decisions oncancellation of the deed of binding sale and purchase carried out before a notary by the parties isif one of the parties defaults and to sue based on the agreed articles. 2) The legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the partiesare compensation, cancellation of agreement, and cancellation accompanied by compensation. 3) Legal remedies that can be taken by the parties in the cancellation of the sale and purchase binding deed made before a notary are: the buyer can make a claim for compensation in the fulfillment of a sense of justice.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123608158","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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