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Legal Certainty Concerning Implementation of Working Agreements between Service Providers & Workers Concerning Delay Payments of Work Achievement Taufan Fajar Riyanto; Ramon Lantemona
Jurnal Akta Vol 8, No 1 (2021): March 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i1.14988

This study aims to: to determine legal certainty regarding the implementation of work agreements between service providers and employers in the event of a delay in payment of work performance by the service provider. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded that : With the presence of a work agreement between the service provider and the employer, this agreement basically provides legal certainty regarding the rights and obligations of both parties, one of the points in the payment is the payment for work performance, in this case the service provider is obliged to accept work repayment that has reached 100 % or it has been completed, when the Regional Government of South Konawe Regency, the Office of Food Crops, Horticulture and Plantations does not make payment, the agency has defaulted because in the agreement it was agreed that when the work was completed, a settlement would be carried out. This certainly violates the Principle of Pacta Sunt Servanda (Agreement Applies as Law) as contained in the provisions of Article 1338 paragraph (1) and paragraph (2) of the Civil Code which states that "all agreements legally made are valid as laws for those who make them.

Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects Adyesha Nur Salma; Taufan Fajar Riyanto; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.756-770

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.

The Legal Position of Notary Deed in Establishing Water-Using Farmers' Associations Ardhea Safira Prawestri; Taufan Fajar Riyanto
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.798-808

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.

The Role of Notaries in Registration of Applications for Land Rights above Management Rights Lukmanul Hakim; Taufan Fajar Riyanto; Andi Aina Ilmih
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.930-939

The purpose of this study was to analyze the role of a notary in registering applications for land rights over management rights. To analyze the process of determining land rights over management rights.The method used by the researcher isNormative JurisdictionandThe specifications in this study include descriptive analysis.The sources and types of data in this study are secondary data obtained from library studies. Based on the results of the study thatThe Role of Notaries in Application for Land Rights Above Management Rightsare: a. As a Consultant who provides legal counseling to clients; b. As an Authorized Person entrusted by his client for his competence and expertise.The process of determining land rights over management rights in the conception of legal certainty through procedures and complete requirements, namely a certificate of building use rights that is requested to be converted into a right of ownership, a deed of sale and purchase or a letter of acquisition regarding the land and the house in question, a letter of approval from the holder Mortgage Rights (if the land is encumbered with Mortgage Rights), Applicant's Identity Card, and Letter of Recommendation from Perum Perumnas. The granting or stipulation of land rights included in any settlement of land issues is intended as an effort to provide legal certainty guarantees for the holders of the rights.

The Juridical Review of the Position of the Deed of Sale and Purchase Signed by the Parties Not Before the PPAT Danang Irfan Feriansyah; Taufan Fajar Riyanto
Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.4.1011-1018

This study aims to find out and analyze the Juridical Review of the position of the sale and purchase agreement signed by the parties not carried out before the PPAT, as well as what are the legal consequences of the sale and purchase deed signed by the parties not before the PPAT on the PPAT. The research approach method used is a normative juridical research method. The research specification used is Descriptive Analysis. The data needed includes Primary data, which consists of the 1945 Constitution of the Republic of Indonesia, Government Regulation No. 24 of 2016 amendments to Government Regulation Number 37 of 1998, Regulation of the Minister of Agrarian Affairs of the National Land Agency Number 3 of 1997 concerning provisions for implementing Government Regulation Number 24 of 1997, Civil Law, as well as secondary data containing books and other supporting documents. Collecting research data using document study techniques and library materials. Methods of data analysis using Interactive Model Qualitative Analysis. Based on the research, it was concluded that the position of the deed of sale and purchase that was signed not before the PPAT, the strength of legal evidence is degraded to legal force under the hands and the sale and purchase deed signed by the parties is not before the PPAT, the PPAT can be subject to office sanctions, namely dismissal in disrespect of his position.

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