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All Journal Sultan Agung Notary Law Review

Maryanto Maryanto

Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang

Author-ID : 4216161

Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

Transfer Juridical Review of Rental Object Function in A Rental Agreement to Rent a Shop House (Ruko) based on the Good Faith Principle Semiyanto Semiyanto; Siti Ummu Adillah; Maryanto Maryanto; Lathifah Hanim
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 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.4.1.102-201

The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.

The Notary Liability as a General Officer in Making Banking Credit Agreements Tri Wahyuni Bintang; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The existence of a Notary must be impartial or neutral, so a Notary in making a deed may not involve himself in the deed, including the making of a deed for his family, also includes the prohibition of involving his family members as witnesses. If the Notary makes a technical error or is proven to have violated the Notary Position Act, from various sanctions depending on what mistakes were made by the Notary. If the Notary is asked by the client to provide the necessary information or advice related to the process of making the deed, if the information or advice given by the Notary is wrong or inappropriate and causes the client's loss, the Notary must be responsible as long as the information provided by the client is also true or not a lie. This study uses a sociological juridical approach.

Determination of Minimum Rates for Notary Honorarium to Avoid Tariff War between Notaries Widya Ishwara Danardana; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The notary position is an institution created by the state. Notary as a position is a field of work created by legal rules for certain functions and is sustainable as a work environment. The existence of a notary as a state official who is authorized to make a legal product, namely an authentic deed, does not receive an honorarium from the state, therefore a notary is entitled to receive an honorarium for the legal services provided. Notaries receive an honorarium from the public for services in making an authentic deed. The honorarium is given to those who carry out their duties based on the laws and regulations, while the success fee is given to those who carry out the profession. Based on this description, This study aims to find out and analyze the basic regulatory considerations related to the amount of the Notary's honorarium in the Notary Position Act and the Notary Code of Ethics, analyze the formulation of the minimum amount of Notary honorarium arrangement, and find out the sanctions for notaries who violate the rules on the minimum rate of Notary honorarium. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of the study indicate that the basis for consideration of setting the minimum amount of notary honorarium in the Law on Notary Positions has not been determined regarding the minimum amount. Basically, the Law on Notary Positions only provides a maximum limit on the honorarium that can be withdrawn from transactions. Notaries have the right to determine their own values based on their considerations as long as they do not exceed the maximum provisions of the Law on Notary Positions. It is necessary to amend Article 36 of the Law on Notary Positions in order to mention the determination of the minimum honorarium limit determined by the notary position organization, so that the determination of the notary position professional organization has binding power based on the Notary Position Act.

The Urgence of Notary Deed for Organs Transplantation in Framework of Preventing Human Organs Transaction Muhammad Maulana Kevin Rizaldi; Anis Mahdurohatun; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Trafficking in human organs is a threat and also a crime for humanity. Crimes against humanity, the United Nations then formulated the practice of trafficking in human organs which was carried out with illegal means and purposes as part of a transnational crime. The regulation on organ transplantation in Indonesia is regulated in Act No. 36 of 2009 concerning Organ Transplantation. To ensure legal certainty in organ transplantation, both donors and recipients will submit a written statement not to buy organs from a prospective donor or enter into a special agreement with a prospective donor, which is stated in the form of a notary deed or a written statement ratified by a notary. The research objective is to analyze the urgency of the notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs based on the Minister of Health Regulation No. 38 of 2016, the obstacles that arise in the making of a notary deed, the formulation of a notary deed in the implementation of organ or human tissue transplantation. This research is included in empirical juridical research with descriptive analysis research specifications. Sources of data used are primary data and secondary data. Data collection was carried out by field research and library research, then after the data was analyzed, conclusions were drawn using inductive thinking methods. Based on the results of the study found From the positive law, namely Permenkes No. 38 of 2016 and Islamic law, in organ transplantation it is known that there is a condition that there is no sale and purchase of organs, there is no special agreement that provides benefits to the donor and is carried out with a notarial deed in the form of an agreement or written statement under the hand that legalized or waarmerking. Currently, there are no technical or procedural obstacles in making a notarial deed of organ transplantation in the context of preventing the sale and purchase of human organs. The formulation of a notarial deed in the implementation of human organ or tissue transplants based on the Minister of Health Regulation No. 38 of 2016 is based on the legal arrangement regarding authentic deeds, namely Article 1868 BW.

Co-Authors Anis Mahdurohatun Lathifah Hanim Muhammad Maulana Kevin Rizaldi Semiyanto Semiyanto Siti Ummu Adillah Tri Wahyuni Bintang Widya Ishwara Danardana

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