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Ratio Legis Pendirian Perseroan Perorangan Ditinjau dari Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja Murni Safitri; Iswi Hariyani
Jurnal Ilmu Kenotariatan Vol 3 No 1: May 2022
Publisher : Faculty of Law, University of Jember, Indonesia

Law Number 11 of 2020 concerning Job Creation was prepared using the omnibus law concept. The Job Creation Law provides ease of doing business for MSE actors by presenting a new legal entity concept, namely an individual legal entity, in changing the regulatory provisions regarding Limited Liability Companies, namely Individual Companies. But of course, this is not following the limited principle that should be done by two people. This study aims to examine the legal ratio for the establishment of an individual company with the criteria for micro and small businesses and to examine the responsibilities of the founder of an individual company based on the job creation law. This research is a normative juridical law research using a statutory approach and a conceptual approach. This study found several articles, namely Article 153C and Article 15G in the Job Creation Act which is not in line with Article 7 paragraph (2) letter g of PP Number 8 of 2021. The responsibility of the founder of an individual company with the MSE criteria is limited to the paid-up capital as regulated in Article 153J of the Job Creation Act. Contrary to the principle of separate legal entity and limited liability. The government immediately makes adjustments to the norms of the individual company regulations. Improvements are also made to the Government Regulation (PP) regarding Individual Companies with the Law above it, or it is necessary to make a new provision in the laws and regulations that specifically regulate the organs of Individual Companies. The executive and legislature should be able to make clearer regulations and there is a need for additional regulations regarding matters that have not been specifically regulated in the Job Creation Act. KEYWORDS: Ratio Legis, Establishment of Individual Companies, Job Creation Law

Kedudukan Hukum Kekayaan BUMN Persero dalam Pelaksanaan Sita Umum Akibat Kepailitan Afida Ainur Rokfa; Iswi Hariyani; Dodik Prihatin AN
Jurnal Ilmu Kenotariatan Vol 1 No 1: May 2020
Publisher : Faculty of Law, University of Jember, Indonesia

BUMN Persero sebagai badan hukum yang didirikan oleh negara untuk dapat mengelola potensi kekayaan alam dan cabang-cabang usaha strategis yang tidak dikuasai oleh pihak swasta dengan tujuan utama mengejar keuntungan dalam hal modalnya berasal dari kekayaan negara yang dipisahkan dari APBN masih dianggap sebagai kekayaan negara, sehingga menyebabkan kerancuan mengenai konsep kekayaan negara yang dipisahkan pada BUMN Persero apabila dalam kegiatan usahanya mengalami permasalahan hingga dititik tidak dapat melunasi hutang-hutang yang telah jatuh waktu dan dapat ditagih yang menimbulkan pelaksanaan sita umum sebagai akibat terjadinya kepailitan dan menimbulkan konflik norma pada Pasal 2 huruf g UU Nomor 17 Tahun 2003 tentang Keuangan Negara dan UU Nomor 1 Tahun 2004 tentang Perbendaharaan Negara dengan Pasal 2 ayat (1) UU Nomor 37 Tahun 2004 tentang Kepailitan dan PKPU.

Pertanggung Jawaban Notaris Terhadap Keabsahan Akta Outentik Yang Dilakukan Secara Electronic Dalam Pembuktian Di Pengadilan Dendik Surya Wardana; Iswi Hariyani; Dodik Prihatin AN
Jurnal Ilmu Kenotariatan Vol 2 No 2: November 2021
Publisher : Faculty of Law, University of Jember, Indonesia

The notary's responsibility for the notary's deed based on electronic transactions, including the protection of electronic information confidentiality relating to network networks in the electronic exchange of information.The notary's role in proving criminal matters against the deed he performs is limited to acting as an expert witness to justify what was seen or witnessed and what was not seen or witnessed. what was conveyed at the time the deed was drawn up The status of a notary deed in the form of a digital or cybernotary is covered by Article 187 of the Criminal Procedure Code, which governs the type of evidence. Since the Electronic System in a multiplication speaker produces information that can no longer be separated from him. To put it another way, their presence should be equivalent to or identical to written proof, such as a document, a forged deed, or an authentic deed. The power of digital proof of a Notary deed can be equated to that of an authentic deed if its authenticity is objectively assured, it can justify who the legal subject is responsible, and the electronic system is guaranteed to function properly (accredited). As long as the parties cannot demonstrate otherwise, the system's declarations may be considered theoretically and legally valid. KEYWORDS : Notary, Electronic Deed, Proof.

Juridical Implications of the Issuance of Covernotes by A Notary as Basis of Disbursing Credit of Banking Vikriatuz Zahro; Iswi Hariyani; Iwan Rachmad Soetijono
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43761

Notaries have the authority to make authentic deeds, apart from that notaries can also sometimes issue certificates or commonly known as covernotes. The legal consequences and limitations of liability for publishing a covernote in this case are examined. On what basis is the covernote used as the basis for credit disbursement? Because in this case it could have implications for the notary who will be involved in a legal case involving the covernote he published. The aim of writing this article is to find out, reveal and find out the notary's impression regarding the covernote he publishes. This writing uses a normative juridical approach, using primary and secondary legal sources. Primary legal materials are obtained from statutory regulations and secondary legal materials are obtained from library materials, archives and documents related to the research object. The results of the discussion show that the juridical application of covernotes is not a notarial legal product as regulated in the Law on the Position of Notaries, but is only a certificate issued at the request of the parties so that it does not give rise to rights and obligations for the parties. The covernote is a pure form of trust and moral bond from the creditor towards the notary as a public official who is neutral, independent and impartial in helping the public to support business relations transactions in the era of competitive economic development. Responsibility for the information in the covernote is the personal responsibility of the notary. KEYWORDS: Notary, Covernote, Legal Consequences.

The Urgency of Indonesian Notary Association (INI) in Development And Supervision of Notary Elok Sunaringtyas Mahanani; Iswi Hariyani
Jurnal Ilmu Kenotariatan Vol 4 No 1: May 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i1.38764

Notary is a job or position that requires ethics in carrying out its authority. The code of ethics is used as a guideline for member behavior, accompanied by clear and strict sanctions for violators of the code of ethics. The notary's code of ethics aims to ensure that the notary profession operates professionally with motivation and orientation towards intellectual abilities and opinions rationally and critically and upholding moral values. This article's research type is normative juridical, with a statutory regulatory approach and a conceptual approach. Discussions on enforcement and supervision of the implementation of the Notary's professional code of ethics are carried out through the Notary's Honorary Council. Notaries feel the need for supervision to prevent possible irregularities in carrying out their positions which are not in accordance with the legal corridors and professional code of ethics as well as abuse of authority or trust given to Notaries. Conclusion Based on the description above, it can be concluded that the urgency of the Indonesian Notary Association in providing guidance and supervision aims to prevent its members from committing acts that violate the law. commit violations and comply with existing codes of ethics as an effort to maintain their honor and dignity as public officials. So the efforts carried out by INI are in several steps, namely: Guidance by related agencies, coordination and cooperation between Notaries and INI, and ongoing supervision. Law enforcement efforts are not only carried out by INI alone, but Notaries need to pay attention to what is called professional behavior which has the following elements: Have strong moral integrity, must be honest with clients and themselves (intellectual honesty), be alert regarding the limits of their authority, not solely based on monetary considerations. KEYWORDS: Urgency, Notary Association, Guidance and Supervision

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