Jurnal Nuansa Kenotariatan
Jurnal Nuansa Kenotariatan (JNK) is is published duo-annually in May and November. and aimed to provide research articles in order to have a significant implication to the world of notary. The Journal's primary objective is to bridge the gap between theory and practice in notary studies. Every article contains empirical results, research methods, managerial implication and latest references from primary sources. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of notary studies.JNK intends as a means of scientific communication notary field and presents articles of interest to the research community in general, new theoretical developments, results of empirical studies, and scientific aspects related to the cultural, economic, political, psychological, and social law and the legal system.
Articles
42 Documents
<![CDATA[Sengketa Perjanjian Jual Beli Tanah Dalam Perkembangan Hukum Perjanjian Nasional: Perspektif Hakim ]]>
<![CDATA[Jafar Chan]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i1.60
<![CDATA[This research about the discovery of the law by the judge as stipulated in the rulings, particularly in the purchase agreement of land dispute has spawned some of the rules of law as well as annotation of the dedsion which not only applies to the parties that the litigants,but the rule of law and annotations such decision has contributed to the development of na- tional contract law. This research using descriptive analytic conceptual approach for the rule of law is derived from the discovery of the law by judges and the rule of law was raised surface and serve as the rule of law which further guidance in terms of buying and selling land, espedally customary land.Implementation of the discovery of the law by the judge has given a positive contribution to the development of national legal development, particularly for the development of contract law that con- tinues to evolve with the dynamic development of sodety. Keywords: Purchase agreement, discovery of the law, national contract law]]>
<![CDATA[Hukum Agraria Atas Keberadaan Bangunan Pada Ruang Atas Tanah ]]>
<![CDATA[Musa Anthony Siregar]]>;
<![CDATA[Zulkamaein Koto]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i1.62
<![CDATA[This research aim to examined how the legal protection of the existence of structures built in space on the top land from perspective of Agrarian Law. And how the legal consequences of structures built in space on the top land by build operate transfer system. The discussion and analysis using the theory of law protection supported by theory of the rule of law and the principles of land law. The research method is normative legal research to obtain the necessary data in connection with the period issues the data secondary data is consisting of primary legal materials.Second- ary legal materials, tertiary legal materials. Data analysis be done with juridical analysis of qualitative Research object is Senen Multipurpose Bridge that was built in space on the top land not on the land where that right is.That was located between the two buildings and large shopping centre Pasar Senen and Plaza Atrium. Legal protection for the building space on the ground has not been found on the Agrarian Law. Legal consequences of build operate transfer (BOT) system for the parties oc- cured namely the Provincial Goverment DKI Jakarta and PT Jaya Real Property Tbk.Keywords: BOT system, space land, agrarian law]]>
<![CDATA[Penerapan Sistem Matrilineal Terhadap Pembagian Warisan ]]>
<![CDATA[IIusia IIusia]]>;
<![CDATA[Ahmad Muliadi]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i1.64
<![CDATA[The purpose of this research is to determine how the application of the matrilineal system of inheritance of land in Minangkabau customary law, as well as the obstacles that arise in the implementation of inheri- tance to property search as well as the efforts made to overcome these obstacles. Minangkabau custom carry on Matrilineal kinship ground. Their life propped by asset which had by ala from generation to genera- tion. That asset proprietary by all family member. This study uses the approach to the typology of normative legal research methods and also takes a historical approach. This study is the perspective of the applica- tion of the matrilineal system of inheritance of land at Minangkabau customary law aims to prated the vulnerable women as compared to men.Keywords: Minangkabau customary law, matrilineal system, inheritance of land]]>
<![CDATA[Penerapan Asas Piercing The Corporate Veil: Perspektif Tanggung Jawab Direksi Perseroan Terbatas ]]>
<![CDATA[Putri Sari Harahap]]>;
<![CDATA[Tumanggor Tumanggor]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i1.65
<![CDATA[Piercing The Corporate Veil principle is a common law doctrine that teaches about the veil special breakout company (corporate veil) covering the Board of Directors and other organs in running the company does not fit or have violated the principle of fiduciary duty (good faith) to the intent and purpose of the company.This type of research in this thesis is a normative legal research means tend to use secondary data in the form of primary legal materials, secondary law and tertiary legal materials. To collect the data in this research is a stud y done by the descriptive analysis. The resulted in losses for both the company and third parties, First Defendant's actions can be categorized as a tort (onrechtmatige daad) under Article 1365 of the Civil Code. In the verdict the judge in his ruling has been applying the principle of piercing the corporate veil but does not necessarily resolve the matter of debts between the Compa- ny (Plaintiff) with rights holders of promissory notes "mayofield notes" or the Board of Directors (Defendant 1) with the holders of promissory notes " mayofield note.Keywords: Piercing the corporate veil, directors fiduciary duty]]>
<![CDATA[Peran Notaris Dalam Meningkatkan Pengetahuan Hukum Pekerja Seni ]]>
<![CDATA[Meldawati Majid]]>;
<![CDATA[lrwan Santosa]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i1.63
<![CDATA[This research aim to realize the deal of the parties concerned, the laws and regulations in force in Indonesia (positive law) to facilitate both theoretical and/or practices. Specialized in this research are find artist in making agreements/contracts have not been in the form of notarial deed (deed authentic). The situation occurs according to internal factors artists include: lack of knowledge about the making of the agreement/ contract, lack of knowledge in the profession of notary authority and position, not a relationship that is conducive to the notary.This research is a normative law (doctrinal) based on secondary data. The research approach used to analyze the problems in this research include: (a) Con- ceptual approaches; (b) statute approach; and (c) a conceptual approach. Therefore, this result is expected to improve the legal knowledge among artists in person and/or organization, to support the development of In- donesian art world becomes more advances and has a strong competitive edge for artists to make any agreement/contracts with related parties based on a better knowledge of the law.Keywords: Knowledge of the law, deed authentic, notary, artists]]>
<![CDATA[Perlindungan Hukum Terhadap Bank Pada Fasilitas Kredit Debitur Penanam Modal Asing ]]>
<![CDATA[Hendera Hendera]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i1.152
<![CDATA[Credit Channel to Foreign Investment Company has a high risk if incase non-performing loan happen. Due on those cases, the author borders some several issues: 1) What’s issues that causing non-performing loan in credit channel by the foreign investment company? 2) How the bank’s risk if non-performing loan occurs in credit channel by the foreign investment company? 3) How is law providing a legal protection against bank in case non-performing loan occurs in credit channel by the foreign investment company?. Research methods for this journal is using an empiric theory with sosio-legal research. The results are credit channel to a foreign investment company is not having particular rules of legal protection yet against banking industry if non-performing loan happens. So, the government is expected to make a constitution of legal protection against bank for credit channel to foreign investment company so bank is assuring a strong legal certainty.]]>
<![CDATA[Pertanggungjawaban Notaris Dalam Pembuatan Berita Acara Rapat Umum Pemegang Saham Perseroan Terbatas ]]>
<![CDATA[Sumiany Sirait]]>;
<![CDATA[Udin Narsudin]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i2.157
<![CDATA[The existence or presence of a Notary cannot be separated from the public as the answer to the need for evidence in writing, especially in the form of authentic deeds as the evidence of acts they have committed. The method used in this study is normative juridical legal study supported by juridical empirical approach. The results of the study show that the minutes of general meeting of a limited liability company made by a Notary may be cancelled by the Court if the making process is not in compliance with the applicable regulations of law, so that the notary shall be responsible whether civilly, administratively, or in terms of Law on Position of Notary and professional code of ethics and criminally (if they are proven to have given false information/involved in committing an unlawful act).]]>
<![CDATA[Perlindungan Hukum Terhadap Pemegang Sertifikat Tanah Yang Diterbitkan ]]>
<![CDATA[Andreas Subiakto]]>;
<![CDATA[Yurisa Martanti]]>;
<![CDATA[Andrea Septiyani]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i2.162
<![CDATA[Land certificate has an important role for the person concerned. The legal certainty of the certificate applicant is based on the state land that was formerly controlled by PT. Kereta Api Indonesia and the concept of legal protection for holders of title certificates issued based on state land rights. The Kebonharjo community as certificate holders have not received legal protection based on Government Regulation No. 24 of 1997 concerning Land Registration. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. The research found that the holders of land rights certificates issued based on state land PT. KAI still has not received legal protection because it still uses a negative publicity system (positive elements). Regarding the concept of legal protection for holders of land rights certificates issued based on state land rights, it must be in accordance with the philosophy of Pancasila Law as the basis for realizing the values of justice for the parties and achieving legal protection for land rights holders]]>
<![CDATA[Penerapan Parate Eksekusi Atas Hak Tanggungan Oleh Perusahaan Modal Ventura ]]>
<![CDATA[Helmi Akbar Jungjunan]]>;
<![CDATA[Fauzie Yusuf Hasibuan]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v1i2.153
<![CDATA[The purpose of this research is the Parate Executie of the Court of First Instance and/or Private Sales, the one of business activities of a Venture Capital Company (PMV) is financing/capital participation in an Investee Company for a certain period of time based on the profit sharing agreement. This research using a normative juridical legal research conducted as an effort to obtain the necessary data with respect to the problem. The data used are secondary data consisting of primary legal materials, secondary legal material, and tertiary legal materials. The primary data are also used to support secondary data. The data analysis was conducted using qualitative normative analysis. The research results it was concluded that the implementation of the settlement of non-performing finance can be done through Parate Executie in a manner as referred to in A). Article 20 paragraph (1) letter “a” in conjunction with Article 6 in conjunction with; B). Article 14 paragraph (2) in conjunction with Article 20 paragraph (1) and/or C). Article 20 paragraph (2) of Law on Mortgage Rights, that is selling the mortgage rights object on its own authority through a public auction according to the procedures as specified in the laws and regulations; and the petition for Fiat Executie by a Court of First Instance for the execution of mortgage rights is based on title executorial; and the settlement of non-performing finance is through the Private Sales against the collateral that has been tied by Mortgage Rights.]]>
<![CDATA[Perlindungan Hukum Waris Anak Luar Kawin Dalam Masyarakat Hindu Lombok ]]>
<![CDATA[Andy Gunawan]]>;
<![CDATA[Sirajuddin Sailellah]]>;
<![CDATA[Yuliasara Isnaeni]]>
<![CDATA[ Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/jnk.v3i2.158
<![CDATA[In the division of inheritance, generally will be shared equally, but unlike inheritance in the Hindu community of Lombok Mataram in Cakranegara subdistrict. The method used is the normative law supported by empirical law. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In addition, primary data is also used as supporting material of secondary data law. For data analysis done with qualitative juridical. Customary law comes from religious law, but there is a contradiction where according to Hindu law an outsider cannot be acknowledged and will not get inherited, but in the subdistrict of cakranegara the child outside marriage is not necessary to adopt the child will immediately be regarded as a legitimate child and obtain inheritance the same as a legitimate child as long as there is no other marriage.]]>
