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Bambang Tri Bawono
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The Responsibility of Werda Notary to Deals the Problems What Has Done Shinta Rahmatika Damayanti; Bambang Tri Bawono; Widhi Handoko
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.4.3.745-755

Abstract

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.
The Role and Responsibilities of a Notary in Making a Certificate of Inheritance for Disbursement of Time Deposit Savings Funds by the Heirs Ibnu Adi Prasetyo; Bambang Tri Bawono; Nanang Sri Darmadi
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.4.3.895-906

Abstract

A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.
The Juridical Analysis of the Use of Electronic Signatures on Electronic Land Certificates in the Conception of Legal Certainty Abdullah Galih Nanda Prasetya; Bambang Tri Bawono
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.4.3.771-785

Abstract

This study aims to analyze: 1) Juridical analysis of the use of electronic signatures on electronic land certificates in the conception of legal certainty. 2). Legal protection for electronic certificate holders as a guarantee of ownership of land rights. The approach method used in discussing this research problem is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The use of electronic signatures on electronic land certificates in the conception of legal certainty is legal and can be used as authentic evidence if needed in court. The use of electronic signatures on electronic land certificates guarantees legal certainty for land owners. The use of electronic signatures in court is a form of expansion of valid evidence in accordance with the applicable procedural law in Indonesia. An electronic signature has the same proving power as an authentic deed. As stipulated in the ITE Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 and Spatial Planning/Head of National Land Agency of the Republic of Indonesia Number 1 of 2021. 2) Legal protection for electronic certificate holders as a guarantee of ownership of land rights is guaranteed by law. Repressive protection regarding electronic land certificates, as evidence of electronic ownership is recognized by the Electronic Information and Transaction Law (UU ITE). In terms of validity, there are no problems, especially since it has been strengthened in Article 5 of the Ministerial Regulation of ATR/BPN No. 1 of 2021, as well as Article 84 of Government Regulation No. 18 of 2021. Meanwhile, preventive protection for security has been prepared by the Ministry of ATR/BPN in anticipation of data leakage through collaboration with BSSN. . The electronic land certificate will enforce an electronic signature and use a Hash Code (a method to verify authenticity) and a QR Code (a matrix code created so that its contents can be parsed at high speed which requires a scan or scan to open it) guaranteed by the National Cyber and Crypto Agency (BSSN).
The Legal Position of the Credit Agreement on the Mortgage Object in the Status of the Sale and Purchase Agreement Jernidar Zebua; Bambang Tri Bawono
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.4.4.940-958

Abstract

This research aims to find out and analyze the legal position of the credit agreement on the object of collateral for land rights that are still in the status of a binding sale and purchase agreement in full with the Bank. The type of research is empirical normative and research specifications are descriptive analytical research. The data required prioritizes secondary data through document study methods or library materials and primary data as support through interviews. Methods of data analysis using the methodqualitative analysis. Based on the research, it was concluded that the legal position of the credit agreement on the object of collateral for land rights which is still in the status of a binding sale and purchase agreement in full is a credit agreementwho have met the subjective requirements and objective requirements based on article 1320 of the Civil Code and article 38 of the UUJN for notarized credit agreements that are in the principal agreement binding on the parties and the Debtor is subject to carrying out his achievements based on the agreement contained in the credit agreement. The guarantee agreement that was preceded by SKMHT and the drafting of which was contrary to UUHT is invalid or null and void and cannot be used as a basis for granting mortgage rights and registration at the land office and the Bank is domiciled as a concurrent creditor. The principal agreement does not terminate over an invalid guarantee agreement. Conversely, if the main agreement is canceled then the follow-up agreement (accessoir) become void or terminate automatically. Debtors who heed the implementation of the contents of the credit agreement can take a persuasive approach (non-litigation) or attempt a default lawsuit (litigation) in court based on a mutually agreed credit agreement at the beginning of the credit.
The Legal Position of the Sale & Purchase Agreement between the Developer & the Purchaser for Land Objects That are Still in the Process of Splitting Puji Haryanti; Bambang Tri Bawono
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.4.4.973-983

Abstract

The purpose of this research is to find out and analyze the legal position of the binding sale and purchase agreement between the developer and the buyer for land objects that are still in the process of splitting and analyze the role of a notary in making a binding sale and purchase deed where the land object is still in the process of splitting. This type of research is sociological juridical. The research approach used is descriptive research. Source of data used primary data and secondary data. Collection data used literature study and field study. The data analysis technique uses an interactive analysis model. The results of the study show that the legal position of the binding agreement on the sale and purchase of land rights made by a notary is recognized as a valid agreement, the binding agreement on sale and purchase aims to bind the seller and the buyer as a preliminary agreement in order to prepare the main agreement/subject agreement which will be carried out later, in the case of this is the Deed of Sale and Purchase. The role of the Notary in making PPJB is as an official authorized to make authentic deeds, intermediary and recorder of the will of the parties in the buying and selling process and as a witness that a deed has been carried out.
Co-Authors Abdullah Galih Nanda Prasetya Ibnu Adi Prasetyo Jernidar Zebua Nanang Sri Darmadi Puji Haryanti Shinta Rahmatika Damayanti Widhi Handoko