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All Journal Jurnal Hukum Sehasen Procedia of Social Sciences and Humanities
Noer, Zakiah
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Notary’s Responsibility For Deeds Signed Without The Presence Of Witneseses Noer, Zakiah; Basid, Abdul
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5958

Abstract

Notaries as Public Officials who have the authority to make authentic deeds should submit and comply with the applicable legal rules in the Notary Position Law (UUJN) and the Notary Code of Ethics. The existence of violations in procedures for making authentic deeds by Notaries shows the weakness of legal regulations in Indonesia in supervising the performance of Notaries' duties and positions. The legal consequences of this violation can affect the position of the authentic deed that is made. For this reason, the Government as central control should re-evaluate the rules for legal sanctions related to violations committed by these authorized officials. In this research the author examines 2 (two) problems, namely, what is the validity of a notary's deed signed without the presence of witnesses, and what is the responsibility of the notary for a deed signed without the presence of witnesses. This research is normative legal research, using the statutory approach, conceptual approach and historical approach. The research results show that the signing of a Notarial deed carried out without the presence of at least 2 (two) witnesses results in the deed being degraded to the strength of proof as a private deed. In this case, if the Notary is proven in court to have committed a violation, then he can be held responsible, whether responsible according to the Notary's code of ethics, civil or criminal.
Legal Protection Againts Workers/Labours Who Are Not Participants of Work Accident Guarantee Program : Perlindungan Hukum Terhadap Pekerja/Buruh Yang Bukan Peserta Jaminan Kecelakaan Kerja Puspitasari, Dara; Kurniawan, Rizki; Noer, Zakiah; Mashudi; Nurhidayah, Maulida
Procedia of Social Sciences and Humanities Vol. 3 (2022): Proceedings of the 1st SENARA 2022
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/pssh.v3i.143

Abstract

Work Accident Guarantee Program (JKK) is one form of welfare and legal protection for workers who experience work accidents. However, in fact, there are still many companies that do not register their workers in the Work Accident Guarantee Program (JKK) which was initiated by the Employment Guarantee Agency or commonly called BPJS Employment. Furthermore, the authors raise the formulation of the problem, namely: (1) What are legal sanctions against employers if they do not register their workers in the Work Accident Guarantee Program based on Chapter 4 of Government Regulation Number 44 of 2015. (2) How is the legal protection for workers/labourers who are not registered in the Work Accident Guarantee Program. The research is a type of legal research using normative legal research methods which is analyze through statute approach, conceptual approach, and historical approach. The result of this research shows that, Employers who do not register their workers in the Work Accident Guarantee Program (JKK) will receive administrative sanctions, either in the form of fines, written warnings, or not receiving certain public services. The rights of workers who experience work accidents both from the cost of transportation, care, and treatment, as well as wages for not being able to do work are the responsibility of the employer. In addition, since starting to work, the worker concerned can also register himself in the Work Accident Guarantee Program (JKK) and charge the employer with the collection of contributions.
Co-Authors Abdul Basid MASHUDI Nurhidayah, Maulida Puspitasari, Dara Rizki Kurniawan, Rizki