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All Journal Jurnal Pendidikan Kewarganegaraan Undiksha Jurnal Komunikasi Hukum KERTHA WICAKSANA Jurnal Komunitas Yustisia YUSTHIMA
Ni Made Trisna Dewi
Fakultas Hukum, Universitas Dwijendra
Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : KERTHA WICAKSANA

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Kajian Yuridis Mengenai Kekuatan dan Kepastian Hukum Sertipikat Hak Tanggungan Terhadap Musnahnya Objek Karena Force Majeure Ni Made Trisna Dewi
KERTHA WICAKSANA Vol. 16 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.16.1.2022.63-68

Abstract

Mortgage rights are collateral rights imposed on land rights. Mortgage rights are used to bind guarantees in the form of land using a deed made by the Land Deed Maker OfficerArticle 18 the act of Underwriting Rights does not regulate the abolition of Underwriting Rights how is the legal strength and title of the right to loss of objects due to corruption and second, What is the legal certainty at the time of execution of certificates of liability against the destruction of objects due to force majeure. This legal research uses a type of normative legal research that is reviewing and analyzing materials and legal issues. Moving on from the void of norms in the act of the Underwriting Rights related to debt guarantees that have been granted Underwriting Rights to creditors considering the land from the debtor has been destroyed due to natural disaster or force majeure. Method of approach to the Law Approach and Conceptual Approach The legal strength regarding the certificate of mortgage rights to Article 1245 of the Civil Code in the event that the object is destroyed due to natural disasters does not have normative force but does not result in the loss of the debtor's obligation to repay the obligation to the creditor, based on the principle pacta sun servanda. The policy that provides certainty for creditors as a privileged position in the case of accounts payable is by repressive action to enter into a credit insurance agreement that has the value of additional guarantees and preventive actions by making grosse deeds under the force of executive law.
The Tanggung Jawab Hukum Notaris dalam Mengeluarkan Cover Note terkait Jual Beli Rumah Ni Made Trisna Dewi
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.131-137

Abstract

Taking care of various interests such as buying and selling, leasing and other agreements, of course, now requires the services of a notary in it, the notary in this case is responsible for the files that have been issued for the terms and conditions of a particular problem or interest, in this case the notary is especially responsible for issuing or issuing covers. note. In the process of buying and selling a house, there is a notary's role in fulfilling the necessary documents, in line with his role and also his authority to make a real deed there are also responsibilities and legal consequences if there are mistakes that violate the law or to the detriment of the parties involved in terms of This is especially related to publishing or making cover notes. Based on this, the authors put forward the formulation of the problem, namely, first, what are the legal responsibilities of a notary in issuing cover notes related to buying and selling houses? and secondly, what are the legal consequences if the notary does not include the cover note at the time of signing the sale and purchase of the house? This research is an empirical research with the sources and types of data used, namely library data sources and field data sources, as well as the types of data used consisting of primary and secondary data, while the data collection technique was carried out by means of documentation studies from literature materials and interviews. to informants, and data analysis was analyzed discretely and qualitatively by compiling the data obtained. The results of this study indicate that the legal responsibility of a notary in issuing a cover note relating to the sale and purchase of a house is to issue a cover note on the authority of a notary according to UUJN (article 15). Make authentic deeds regarding all actions, agreements, and provisions required by laws and regulations and/or which are desired by interested parties, to be stated in an authentic deed, guarantee the certainty of the date of making the deed, save the deed, provide grosse, copies and quotations of the deed, all as long as The making of the deed is not assigned or excluded to officials or other people determined by law.
Co-Authors A.A MAs Adi Trinaya Dewi A.A Mas Adi Trinaya Dewi Ni Luh Sri Mahendra Dewi