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I Nyoman Sirtha
Universitas Udayana

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AKIBAT HUKUM PENDAFTARAN JAMINAN FIDUSIA DALAM SISTEM ONLINE Ida Ayu Made Widyari; I Nyoman Sirtha; I Made Sarjana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p11

Abstract

Fiduciary security institutions are regulated through legislation, Act No. 42 of 1999. This law governs the obligation of the registration of fiduciary security in order to provide legal certainty to the interested parties and this fiduciary security registration gives the rights of preference to the fiduciary recipient of other creditors. In 2013, the Government issued a regulation to Administration System of Fiduciary Security Registration electronically in order to improve services to people who need legal services in the field of fiduciary security. Laws of Fiduciary Security are positive law applicable to the fiduciary security, but there are some things that are not regulated in the law, that is, the registration done with the online system and the legal consequences that are not registered. This study used normative legal research, which explains the existence of the absence of norms in the Law of Fiduciary Security, i.e. the registration done with the online system and the legal consequences of fiduciary security which are not registered. This study used a source of legal materials consisting of primary, secondary and tertiary legal materials. The results showed that registration of fiduciary security with the online system is regulated through the Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number 9 of 2013 concerning the electronic imposition of Fiduciary Security and Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number 10 of 2013 concerning the System for Registration of Fiduciary Security done Electronically. The legal consequence of the Agreement of Fiduciary Security which is not registered with the online system is that it does not produce the collateral agreement of the fiduciary security so that the collateral character such as droit de suite and the rights of preference is not inherent in the creditor of the grantor of the fiduciary security and it does not have the executorial power.
TANGGUNG JAWAB NOTARIS TERHADAP AKTA OTENTIK YANG BERAKIBAT BATAL DEMI HUKUM PADA SAAT BERAKHIR MASA JABATANNYA Selly Masdalia Pertiwi; I Nyoman Sirtha; I Made Pria Dharsana
Acta Comitas Vol 2 No 2 (2017)
Publisher : Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/AC.2017.v02.i02.p09

Abstract

Article 65 of the Law Number 2 of 2014 on the Amendment of Law Number 30 Year 2004 concerning the Notary Position states that: "Notary, Substitute Notary, Substitute Special Notary and the Acting Notary are responsible for every deed he or she has made??, although the Notary Protocol have been delivered to the depositary Notary Protocol". The ambiguity of norm in this Article leads to the interpretation that a Notary is responsible indefinitely for the rest of his/her life to the deed made, even though his/her tenure has expired. Notary is responsible for the deed he or she has made, without any exception when the deed is null and void. The question arises are as follows: what causes the authentic deed that is drawn up before Notary becomes null and void, and what is the liabilities of the Notary to the authentic deeds that declared to be null and void at the expiry time of his/her tenure. The study is a normative legal research, which departs from the obscurity of norms on the liabilities of a notary to authentic deeds considered to be null and void of the expiry of the notary’s tenure. The types of approach used were statutory and conceptual approaches. The legal materials used were primary, secondary, and tertiary legal materials, through the technique of literary review by a card system. To analyze the legal materials, it was used a descriptive and interpretative techniques as well as the grammatical interpretation. The results of this study indicated that an authentic deed of Notary considered to be null and void, if it does not meet the requirements of Article 1320 of the Civil Code regarding the terms of a valid agreement, Article 1868 of the Civil Code regarding the authenticity of the deed, Articles in the Law of Notary Position/UUJN particularly Article 16 paragraph (1) letter l, Article 16 paragraph (1) letter (k), Article 44, Article 48, Article 49, Article 50 and Article 51. In addition, a deed also must not conflict with the Notary Code of Ethics and the applicable laws and regulations associated with the deed. A notary who has ended his/her tenure is held responsible if the authentic act has been proved to be null and void and has not expired before the thirty years since the deed was made. Based on the theory of fautes personalles, notary is personally responsible for his/her actions. There are 4 (four) types of the Notary liabilities, namely: rise to civil liability, criminal liability, liabilities based on the UUJN and under the Code of Ethics of Notary.