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All Journal Sultan Agung Notary Law Review
Djunaedi Djunaedi
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection Duties on Notary Positions if Malpractice Happen in the Making of Authentic Deals Jane Florin Merietta; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 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.4.2.257-264

Abstract

This legal research aims to identify and analyze the juridical consequences and responsibilities of a Notary if a Notary commits malpractice while carrying out his duties as a Notary, as well as to find out and analyze the extent of legal protection for the duties of a Notary's office who are suspected of having committed malpractice in making authentic deeds. This study uses a sociological juridical approach using descriptive analytical research specifications. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study is in the form of literature and the data analysis method used is qualitative data analysis. Based on the results of research and discussion, that if a Notary commits a malpractice against his authentic deed, then the authentic deed is relegated to a private deed. Then, legal protection for Notaries who commit acts of malpractice must involve professional organizations or INI as a forum that can educate and solve problems that exist among its members.
Legal Protection Due to the Non-Competition Clause in Franchise Contract Miftahul Rosyadi; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (741.053 KB) | DOI: 10.30659/sanlar.3.4.1252-1260

Abstract

This study aims to: 1) Knowing and analyzing the legal protection due to the non-competition clause in the franchise agreement, 2) Knowing and analyzing the non-competition clause that has fulfilled the elements of article 1320 of the Civil Code regarding the terms of the validity of the agreement, 3) Knowing the example of the deed franchise agreement. The research method used in this study is a normative juridical method with secondary data sources. The research specification used is descriptive analysis. Researchers used normative research specifications with secondary data sources. The secondary data used by the researcher was collected by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it was easy to read. The data analysis method used by the researcher consists of the stages that the secondary data obtained will be used for descriptive-qualitative analysis. Based on the research, it is concluded that the legal protection due to the non-competition clause in the franchise agreement of Serba Wenak Restaurant is explained that in Article 13 of the draft franchise contract regarding trade secrets that franchisees are required to keep the system, management and methods of restaurant management secret from the franchisor during their tenure. The term of the agreement lasts or has expired. One of the characteristics of the Versatile Restaurant franchise is that there must be a written agreement (contract), In this case, the Serba Wenak Restaurant franchise agreement is stated in the deed of agreement that has been agreed upon by the franchisor, represented by the company director, Mr. Drs. M. Adung Darmadung with the franchisee, Mrs. Leni Marleni.
Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies Yeni Amalia; Amin Purnawan; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (746.835 KB) | DOI: 10.30659/sanlar.3.3.1099-1107

Abstract

This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.
Notary Role In Assets Transfer Process From a Hospital Foundation Become a Limited Company Siti Anggraini; Lathifah Hanim; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (790.134 KB) | DOI: 10.30659/sanlar.3.2.379-397

Abstract

The establishment of foundations in Indonesia prior to the foundation law was only based on customary law/jurisprudence in practice that developed in the community. The establishment of the foundation itself sometimes deviates from its original purpose, namely as a non-profit copper company with social, religious, and humanitarian purposes, but in the future it is not uncommon for the founders and coaches of a foundation to want to make a profit/profit from their business. The author deliberately takes a case study of a hospital foundation that changes a legal entity and its assets into a PT, namely the author wishes to be able to find out the extent of the role and responsibilities of a notary, and what about this matter when viewed from the point of view of the foundation's laws and regulations. - law PT, whether it is an unlawful act or not. The author in carrying out this case study research, uses a normative juridical method, namely by examining theories and concepts, as well as legal principles and legislation related to research. The results of the study can be concluded by the author that changing a legal entity from a foundation to a PT, is a violation of the law, because it is contrary to the laws and regulations of the foundation and the laws and regulations of PT.
Co-Authors Amin Purnawan Jane Florin Merietta Lathifah Hanim Miftahul Rosyadi Siti Anggraini Yeni Amalia