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Soerya Respationo
Fakultas Hukum Universitas Batam, Batam, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Analisis Yuridis Terhadap Pencoretan Pihak dalam Akta Notaris yang Berindikasi Nominee Serta Menimbulkan Ketidakpastian Hukum (Studi Penelitian di Majelis Pengawas Daerah Kota Batam) Elviani Elviani; Soerya Respationo; Muhammad Tartib; Erniyanti Erniyanti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1153

Abstract

This research uses normative research methods supported by empirical research. By examining the positive laws that apply in Indonesia and analyzing data obtained directly from the field or facts that occur in society. The aim is to find out how the legal regulations, the implementation of deletion and the factors that become obstacles/obstacles and solutions to the deletion of parties in Notarial deeds which are indicated as nominees occur in Indonesia. The research results show that legal regulations in Indonesia still do not have specific regulations regarding the removal of parties in Notarial Deeds who are indicated as nominees. However, in practice, deletions in a Notarial Deed can refer to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. Researchers hope that there will be special rules regarding the procedure for writing off a Notarial Deed, based on Court Decision regulations. So as not to create legal uncertainty in implementing law in Indonesia.
Analisis Yuridis Pencantuman Klausul Force Majeure dalam Perjanjian Sewa Menyewa dan Pengelolaan Hak Milik Atas Satuan Rumah Susun Untuk Meneguhkan Kepastian Hukum (Studi Penelitian Di Kota Batam) Tivonli Kirtan; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1154

Abstract

A rental agreement is a mutual agreement that creates rights and responsibilities fot the parties involved in the agreement. Rental activities for apartment units in Batam City are often conducted verbally or through informal written agreement and ingnoring the inclusion of force majeure clauses so that there is no legal certainty for the parties. The research method used in this study is a combination of normative research and empirical research, which involves primary data through interviews and then correlating it with secondary data, such as statutory regulations and theories used in the study. The research findings indicate that there is Article 45 of Law Number 20 of 2011 which regulates the occupation of apartment units through written agreements made in the presence of authorizes officials and also Article 28 of the Government Regulation of the Republic of Indonesia Number 14 of 2016 concerning Imprementation of Housing and Settlement Areas addresses the inclusion of force majeure clauses. However, these provisions are often overlooked due to factors such as knowledge, age, social factors, and economic circumstances that influence people’s daily decision-making.
Co-Authors Elviani Elviani Erniyanti Erniyanti Fadlan Fadlan M. Tartib Tivonli Kirtan