Pub Date : 2023-09-29DOI: 10.26532/ijlss.v3i1.33408
Mokhamad Hussain Adillah
This research aims to find out and analyze the position of notaries in criminal cases related to the fiduciary deed they made and their legal protection. This study uses a sociological juridical approach. Data collection was carried out through interviews and literature study. Data analysis was carried out in a qualitative descriptive manner. This research shows that a notary in a criminal case related to a fiduciary deed he made can serve as a witness or perpetrator of a crime as stipulated in Article 35 of Act No. 42/1999 concerning Fiduciary Guarantees.participating in criminal acts (Article 55 of the Criminal Code), assisting perpetrators in committing crimes (Article 231 of the Criminal Code), making fake letters (Article 263 of the Criminal Code), providing false statements in authentic deeds (Article 266 of the Criminal Code), embezzlement (Article 372 of the Criminal Code), and fraud (Article 378 of the Criminal Code) which causes harm to other parties, the notary can be held criminally responsible.Legal protection for notaries in criminal cases related to the fiduciary deed he made namelyafter the issuance of the Constitutional Court decision No. 49/PUU-X/2012 namely the summons of a notary through the Notary Honorary Council according to Article 66 UUJN. In addition, notaries still receive protection from the rights and obligations of notary disobeying as referred to in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Criminal Code.
{"title":"The Protection on Notary in Criminal Cases Related to Authentic Fiduciary Deeds","authors":"Mokhamad Hussain Adillah","doi":"10.26532/ijlss.v3i1.33408","DOIUrl":"https://doi.org/10.26532/ijlss.v3i1.33408","url":null,"abstract":"This research aims to find out and analyze the position of notaries in criminal cases related to the fiduciary deed they made and their legal protection. This study uses a sociological juridical approach. Data collection was carried out through interviews and literature study. Data analysis was carried out in a qualitative descriptive manner. This research shows that a notary in a criminal case related to a fiduciary deed he made can serve as a witness or perpetrator of a crime as stipulated in Article 35 of Act No. 42/1999 concerning Fiduciary Guarantees.participating in criminal acts (Article 55 of the Criminal Code), assisting perpetrators in committing crimes (Article 231 of the Criminal Code), making fake letters (Article 263 of the Criminal Code), providing false statements in authentic deeds (Article 266 of the Criminal Code), embezzlement (Article 372 of the Criminal Code), and fraud (Article 378 of the Criminal Code) which causes harm to other parties, the notary can be held criminally responsible.Legal protection for notaries in criminal cases related to the fiduciary deed he made namelyafter the issuance of the Constitutional Court decision No. 49/PUU-X/2012 namely the summons of a notary through the Notary Honorary Council according to Article 66 UUJN. In addition, notaries still receive protection from the rights and obligations of notary disobeying as referred to in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Criminal Code.","PeriodicalId":499705,"journal":{"name":"International Journal of Law Society Services","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296754","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 : 2023-09-29DOI: 10.26532/ijlss.v3i1.33407
Anita Widyaningrum Budi
This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law.
{"title":"Notary Responsibilities Who Participated in the Certificate Embezzlement Crime","authors":"Anita Widyaningrum Budi","doi":"10.26532/ijlss.v3i1.33407","DOIUrl":"https://doi.org/10.26532/ijlss.v3i1.33407","url":null,"abstract":"This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law.","PeriodicalId":499705,"journal":{"name":"International Journal of Law Society Services","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296893","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}
The Legal awareness of the community in Nitikan Village, Plaosan Subdistrict, Magetan Regency, East Java in particular, needs to be conveyed and information about the law or legislation to the community, in order to increase legal awareness in the community. The purpose of this research is to find out how the Law Awareness Village Community Development of Nitikan Village, Magetan Regency and to analyze the legal awareness of the community in Nitikan Village, Magetan Regency. This type of research is a juridical sociological approach, the method of juridical sociological approach is an approach method that describes a statement that exists in the research field based on legal principles, legal rules, on applicable legislation and has to do with the problems studied. The people of Nitikan Village do not know about the actions that are not permitted or about the penalties for using social media. There are still students who use social media to bully and use impolite words, which shows the lack of legal awareness of the community in using social media wisely. The high level of legal awareness in an area will lead to a civilized society. The community in Nitikan Village, Magetan Regency needs to be given a discourse related to trusted information provider sites and sites that should be avoided. Examining viral news and hoax information that is widely circulated in the community.
{"title":"The Building a Legal Culture of Awareness in Nitikan Village, Magetan District","authors":"Denny Suwondo, Andri Winjaya Laksana, Arpangi Arpangi","doi":"10.26532/ijlss.v3i1.33429","DOIUrl":"https://doi.org/10.26532/ijlss.v3i1.33429","url":null,"abstract":"The Legal awareness of the community in Nitikan Village, Plaosan Subdistrict, Magetan Regency, East Java in particular, needs to be conveyed and information about the law or legislation to the community, in order to increase legal awareness in the community. The purpose of this research is to find out how the Law Awareness Village Community Development of Nitikan Village, Magetan Regency and to analyze the legal awareness of the community in Nitikan Village, Magetan Regency. This type of research is a juridical sociological approach, the method of juridical sociological approach is an approach method that describes a statement that exists in the research field based on legal principles, legal rules, on applicable legislation and has to do with the problems studied. The people of Nitikan Village do not know about the actions that are not permitted or about the penalties for using social media. There are still students who use social media to bully and use impolite words, which shows the lack of legal awareness of the community in using social media wisely. The high level of legal awareness in an area will lead to a civilized society. The community in Nitikan Village, Magetan Regency needs to be given a discourse related to trusted information provider sites and sites that should be avoided. Examining viral news and hoax information that is widely circulated in the community.","PeriodicalId":499705,"journal":{"name":"International Journal of Law Society Services","volume":"139 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136369338","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 : 2023-06-30DOI: 10.26532/ijlss.v3i1.33456
Firdo Lingga
The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions.
Keywords: Consequences; Nominee; Responsibility.
{"title":"The Validity of Nominee Agreement Made Before a Notary","authors":"Firdo Lingga","doi":"10.26532/ijlss.v3i1.33456","DOIUrl":"https://doi.org/10.26532/ijlss.v3i1.33456","url":null,"abstract":"The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions.
 Keywords: Consequences; Nominee; Responsibility.","PeriodicalId":499705,"journal":{"name":"International Journal of Law Society Services","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136369339","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 : 2023-06-30DOI: 10.26532/ijlss.v3i1.33455
Nanik Aritasari
The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering.
{"title":"Land Official Responsibilities for Custody of BPHTB Payments","authors":"Nanik Aritasari","doi":"10.26532/ijlss.v3i1.33455","DOIUrl":"https://doi.org/10.26532/ijlss.v3i1.33455","url":null,"abstract":"The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering.","PeriodicalId":499705,"journal":{"name":"International Journal of Law Society Services","volume":"364 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136369335","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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