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THE CONCEPT OF IMPLEMENTATION CREDIT AGREEMENTS THROUGH ONLINE MEDIA IN LEGAL PERSPECTIVE Azharuddin Azharuddin; Elvira Fitriani Pakpahan; Riris Swastriona Purba
International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.35

Abstract

The Indonesian state’s philosophical foundation is Pancasila (Five principles) and The 1945 Constitution which guarantees and provides legal protection for all Indonesian people. The provision of credit to debtors is contained in a credit agreement with a legal basis that still refers to Article 1320 of the Civil Code. Credit Agreement in banking is a standard agreement or standard with clauses determined by the bank. Legal subjects are creditors and debtors, namely individuals, business entities and legal entities. The notary has the authority to make an authentic deed for the parties who need it in terms of proof. There are two legal powers of proof in an authentic deed, namely formal and material. The granting of credit between the creditor (bank) and the debtor will be stated in the deed. The process of binding credit or implementing a credit agreement at a bank will require the services of a Notary and Land Deed Maker (PPAT) in binding debtor credit guarantees which will be adjusted to the provisions of each bank in the bank's operational standards for each credit facility and credit limit given to individual debtors, business entities and legal entities. The terms of implementing the credit agreement have not regulated offline media or online media and how the protection is provided to banks and debtors if the credit agreement is made online and the role of the Notary/PPAT as a general official in supporting the online credit agreement implementation process.
JURIDICAL REVIEW OF BANKRUPTCY IN SIGNING AGREEMENT ON BUYING SELLING OF FLAT IN MEDAN Heriyanti Heriyanti; Azharuddin Azharuddin; Giovanni Thomasia
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.38

Abstract

Flats as a place to live with the hope of meeting the needs of the community, especially those who live in cities, there is no reduction in excessive land use and creating infiltration areas for water. With the increase in the number of people in 2010-2020 with an annual average of around 1.25%, it indirectly results in greater decent housing due to the dense population and limited land in the city, thus creating flats. The purpose of the study is to analyze the signing of the Sale and Purchase Binding Agreement (PPJB) for flats, the legal consequences if the developer of the flat goes bankrupt and dispute resolution if the settlement period by the developer defaults on the PPJB flats. The normative juridical method used in this study. With the results, the process of making PPJB flats must meet Article 1320 of the Civil Code as a condition for the validity of the agreement and be made before a Notary. Consequence with a declaration of bankruptcy against the developer resulting in general confiscation of the assets of all assets owned by the developer. Settlement of disputes caused by the inappropriateness of the apartment unit building or the lapse of the settlement period carried out by the developer, is carried out through a non-litigation process (out of court) and if there is no reconciliation, it can be continued with the litigation process (through the court process).
Tinjauan Pelanggaran Kode Etik Notaris Kota Medan Menurut Perspektif Pengawasan Majelis Pengawas Daerah Notaris Tommy Leonard; Azharuddin Azharuddin; Wilbert Wilbert
Jurnal Suara Hukum Vol. 5 No. 2 (2023): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

The Notary's Code of Ethics is a guideline for the attitude and behavior of a notary. It is necessary to maintain the quality of legal services to the public. The supervision of notaries is done by the Notary Supervisory Board to ensure that notaries always act in accordance with the legal principles that underlie their authority and avoid abuse of the authority or trust given. This empirical judicial research collects data from library and field research. The research results of this study show that there are 54 (fifty four) complaints receieved by Notary Supervisory Board in Medan from 2018 until 2021. The supervision is based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number: M.02.PR.08.10 of 2004, Ministerial Decree Law and Human Rights of the Republic of Indonesia Number M.39-PW.07.10. 2004 and the role of the Regional Supervisory Board includes preventive purposes, namely reflecting on the position of the Notary Ethics Code in order to provide material related to the implementation of the position of Notary, participating in seminars, and checking Notary protocols.
AKIBAT HUKUM TERHADAP NOTARIS YANG MENOLAK PEMBUATAN AKTA RIBA DALAM PERSPEKTIF UNDANG-UNDANG NO. 2 TAHUN 2014 JUNCTO UNDANG-UNDANG NO. 30 TAHUN 2004 TENTANG JABATAN NOTARIS DAN HUKUM ISLAM Sonya Airini Batubara; Azharuddin Azharuddin; Vendrista Yulia
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan Vol. 2 No. 11 (2023): October
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i11.1479

Abstract

Creditworthiness is undeniable for notaries in the banking industry. The problem arises because Muslim notaries are in a dilemma be cause theydo nothave a strong legal framework to refuse to issue Ribawi deeds. For this reason, whatis thelegal relevance ofnotary public activities to the production of deeds that include riba, whatare the legal protections against notaries who refuse to produce deeds that overlap with riba, what are the legal protections against notaries who refuse to produce We need to consider what the impact is. We will upload acts related to usury. Thetype of rsearch in which this work is written is normative-legal in nature and has a descriptive-analytical character. Thedata colection techniqe usedis a literature survey. The analysis usedis qualitative. The legal relationship of the notary profession to deeds, including Riba, is that the notary acts as a record of transactions and as a witness to credit agreements. Legal protections against notaries who refuse to produce documents that overlap with Riba are contained in Article 29(2) of the 1945 Constitution. The right to practice religion that the state must protect. The legal consequences for notaries who refuse to produce deeds related to usury are subject to administrative sanctions under section 85 of the UUJN or the ethical code of notaries under Islamic law, section 3 (4). There is a possibility. According to the law, a Muslim notary will avoid usury charges and his property will be released from haram.