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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

IMPLEMENTATION OF ELECTRONIC LAND CERTIFICATES AS LEGAL LAND OWNERSHIP Rachmah, Andriana; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.900

Abstract

With the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, this is a new breakthrough from the government to protect the public and provide legal certainty regarding ownership of land rights. Due to the frequent occurrence of various land disputes which will ultimately be detrimental to society, such as falsification of land certificates, the existence of multiple land certificates or overlapping land certificates and the rise of the land mafia. The problem formulation for this research is how to implement the implementation of electronic land certificates as legal land ownership? and what about legal protection and certainty after the implementation of electronic land certificates? In practice, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is relevant to be implemented today in line with the rapid development of science, technology and information. Legal certainty in the process of obtaining land rights is based on statutory rules and government regulations to prevent misuse of land rights, and can provide legal protection for land rights owners. This Ministerial Regulation aims to realize the modernization of land services in order to improve indicators of ease of doing business and public services to the community, thereby optimizing the use of information and communication technology by implementing electronic-based land services.
LEGAL ANALYSIS OF THE LIMITED LIABILITY COMPANY NAME CHECK SYSTEM THROUGH ONLINE GENERAL LEGAL ADMINISTRATION Esa Prameswari, Rr. Ayu Gayatri; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.901

Abstract

A Limited Liability Company (LLC) is gaining popularity within various business circles as a legal entity consisting of directors, commissioners, and shareholders. Establishing an LLC requires adherence to specific requirements and procedures to obtain legal documents, with evidence and manifestation of legality aspects presented, registered, and ratified by the Directorate General of Law and Human Rights through the online system. Formally, the deed for LLC establishment must be drafted in Indonesian by at least two individuals, meeting the material requirements specified in Article 9 of Law Number 40 of 2007 concerning Limited Liability Companies. The procedure for creating a Deed of Establishment by a notary is governed by Article 39 of Law Number 2 of 2014 concerning the Position of Notaries, involving presenters approaching the notary, verification of the name, signing of the deed, registration with the relevant Ministry, and issuance of a Legal Entity Decree. Notaries may encounter obstacles, including technical issues like system inaccessibility, addressed through communication with AHU Online (Online General Legal Administration), and non-technical issues resolved through improvements. Responsibility for material truth lies in the validity of the deed, while responsibility for formal truth involves adherence to statutory regulations in the deed-making process.
ELECTRONIC LEGAL CERTAINTY OF THE ROYA DEED OF ENCUMBRANCE Rania, Rania; Djaja, Benny; Sudirman, Maman
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.902

Abstract

The authority of a Notary is a distinct jurisdiction, grounded in Law Number 2 of 2014 Amendment to Law Number 30 of 2004 concerning the Position of Notary. The mortgage right, serving as collateral, is registered by the bank through a Notary/PPAT with the local National Land Agency. This process results in the issuance of a Deed of Mortgage Encumbrance (APHT) for the land used as collateral. Subsequent to the termination or deletion of the mortgage right, the note or mortgage right is electronically written off. The research problem is formulated as follows: What is the mechanism for electronic mortgage registration, and what is the legal certainty of electronic mortgage deeds? The electronic mortgage registration can be conducted either directly by the community or with the assistance of a Notary in their respective locations, facilitating the process for the community. The introduction of Electronic Mortgage Rights brings positive benefits to the community, banks/creditors, and PPAT, streamlining the mechanism for binding and registering mortgage rights, making it more efficient, faster, and cost-effective. Moreover, Regulation of the Minister of ATR/Head of BPN Number 5 2020 ensures legal certainty and protection for the public, particularly creditors. When executing a Roya Deed of Mortgage, the debtor must appear before a notary, ensuring legal certainty as authentic evidence of their actions, in accordance with Article 15 paragraph (1) of the Notary Position Law.