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Jurnal Nuansa Kenotariatan
Published by Universitas Jayabaya
ISSN : 24774103     EISSN : 25025511     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 42 Documents
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Kepastian Hukum Terhadap Surat Girik Sebagai Dasar Bukti Pendaftaran Hak Atas Tanah H. Masnadi; Ahmad Muliadi; Irawan Santosa
Jurnal Nuansa Kenotariatan Vol 5, No 1 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v5i1.186

Abstract

Research carried out on land rights registration certificate with evidence girik, where the book letter C in the Village, which refers to Law No. 5 of 1960 on Agrarian Principles, Government Regulation No. 24 Year 1997 on Land Registration Board Decree National Land and Circular Head of the National Land Agency. Specification used in the normative analysis. Research stage through literature and interviews. The method of data analysis conducted qualitative normative.Based on the results of research and analysis of the rules and regulations, that the letter Girik have a certificate of registration of legal certainty for Land Rights through the assertion of rights / acknowledgment of rights, although there is no letter C in wards book.
Kepastian Hukum Bagi Persekutuan Komanditer Dalam Kepemilikan Hak Atas Tanah Menggunakan Nama Sekutunya Dias Artania Jaya; M. Sudirman; Erny Kencanawati
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.192

Abstract

Commanditaire Vennootschaap is one of business entity which mostly used by small and medium enterpreneurs. Until now, CV is till considered as a nonlegal entity, even though CV has the requirements to become a legal entity. In conducting its daily activities, CV require land and building, in addition the land and building’s right can be used as collateral for loan performed by CV. At present, CV can not have land right, because Agrarian Law has not regulate ownership of land right for non-legal entity. Hence, CV has land right using their partner name. The method used in this research is a juridical normative research method supported by juridical empirical method. The approach focuses on the study of primary legal materials in the form of laws and regulations, namely the legislation of Code of Commercial Law, Civil Code, Agrarian Law, as well as court decree. Based on the results of this research, it was concluded that ownership of land right using partner name can not be considered as ownership of land right of CV, because partner CV and CV have separate wealth and separate tax subject, also can cause legal consequenses which detrimental to CV and its partners. Whereas the Circular of Granting HGB for CV issued by BPN actually Circular of Granting HGB for CV’s partners apparently did not provide legal certainty because it does not explain the procedures and the legal consequences. To obtain legal protection, CV and its partners can give contention to the government to clarify the status, right and obligation of CV or to clarify the Circular granting HGB to CV’s partners in a statutory regulation
Kepastian Hukum Atas Penyelesaian Sengketa Tanah Bekas Milik Adat (Sunda Wiwitan Adat Karuhun Urang) yang Diwariskan Secara Individu Tuti Andriani; Anriz N. Halim; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.175

Abstract

A life habit of people who are there to customary land are in a group of people and their utilization is regulated by the leaders of the group, then the joint rights are called ulayat land or beshickking recht ulayat land in the Adat Karuhun Urang (AKUR)  Sunda Wiwitan Cigugur customary community is not doing well. The Sunda Wiwitan Cigugur AKUR community faces the possibility of expanding capital which can rob them of their customary land. In addition, it is also known that communal land in the AKUR Sunda Wiwitan Cigugur community can be owned by individuals and can be sold to buyers who are not actually members of the Sunda Wiur community of Wiwitan Cigugur. The method used in this study is sociological normative legal research. For data analysis, it is used with normative juridical analysis method. The author draws conclusions legal certainty by alternative / non-litigation resolution in the event of a conflict or dispute must heed legal principles and must pay attention to the principle of prosperity then the principle of security order and humanitarian principles among the community with the issue of indigenous peoples sunda wiwitan customary land AKUR in Cigugur Kuningan district. The party uses land for the benefit of the government or foreign parties.
Perlindungan Hukum Terhadap Penerima Gadai Atas Harta Pusako Tinggi yang Dijadikan Jaminan Debi Riska; Ahmad Muliadi; Nurwidiatmo N
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.180

Abstract

High Pusako itself is a treasure obtained from the results of hard work or ancestors in ancient times by mutual cooperation, not assets obtained from grandmother and parents Artati Surya, Cs during his life, so based on customary rules in Minangkabau inheritance it should not be pawned if it is not important, the high property of Pusako must remain intact, because the high property of Pusako will never increase, the existence of these assets to symbolize a people is high pusako. The method used for this research is the normative juridical method. The results of the study To pawn in Bukit Tinggi there are four factors (conditions), namely: Bodies lying in the house, the old girl who is not married, the house is absent, helps the people in distress. Especially in Bukit Tinggi, pawning was found without fulfilling the four factors, because the pledges carried out in general are for education and other needs. and the guarantee of the legal protection of the pawning recipient can be seen in the customary regulations in Minangkabau that high Pusako assets will not be diverted to any party who is not a recipient or heir of high Pusako property so that if someone controls the high property of Pusako because of a pawn they only being able to use the land from the high Pusako property does not make the high propertyof Pusako a permanent ownership.
Kedudukan Asset Yayasan Yang Dijadikan Jaminan Dalam Permohonan Kredit Bank Rafnelly Rafki; Ahmad Muliadi; Irawan Santosa
Jurnal Nuansa Kenotariatan Vol 5, No 1 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v5i1.187

Abstract

The Foundation is a nonprofit organization incorporated under Article 1 paragraph 1 of Law No. 28 of 2004 on the amendment of Law 16 of 2001 on the Foundation. To be able to support in order to achieve his aim, the Foundation permitted to establish a legal entity and or participate in a business entity. This research is a descriptive analytical, research that provides data or description of the object of the research issues that are not intended to test the theory, but in the limit to explain the variable research on lending by banks to the foundation. In this research will be described regarding the granting of credit by banks to the foundation principles associated with healthy credit. The researches will provides answer that it can be seen that the intended use of foundation assets as collateral for the loan is membngun, expand, improve infrastructure facilities aimed at social, religious and humanitarian such as education and hospitals. If the foundations are in default or injury promises in the implementation of the payment and repayment of debt, the bank will carry out the execution of the foundation's assets used as loan collateral. The process of execution of loan guarantees its implementation in accordance with applicable laws similar position with the firm, CV, limited liability company and Cooperatives. In the execution of the foundation assets in case of default of payment execution carried out such a sum of money to the court decision binding. Execution starts with ends with auction rebukes and mortgage-burdened. After the auction the collateral objects and auction proceeds handed over to the lender, then the burden of mortgage objects will be handed over to the buyer diroya and auctions are clean and free of all expenses.
Model Hubungan Alih Daya Dalam Hukum Ketenagakerjaan Indonesia Ditinjau Dari Perspektif Keadilan Sukhebi s.; Atma Suganda; Ismail I
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.193

Abstract

This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations.
Kepastian Hukum Pemberian Izin Pemanggilan Notaris Oleh Aparat Penegak Hukum Aquino Noval; Dhody Ar. Widjajaatmadja; Refki Ridwan
Jurnal Nuansa Kenotariatan Vol 4, No 1 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i1.171

Abstract

Notary is a public official based on the law, therefore in carrying out his / her position the Notary has privileges. Article 66 paragraph (1) letter b of the Law on the Position of Notary states that for the benefit of the judicial process, investigators, public prosecutors, or judges with the approval of the Notary Honorary Council are authorized to: summon the Notary to be present at the examination relating to the Notary Deed or Protocol that is in the Notary’s custody. And confirmed by the Regulation of the Minister of Law and Human Rights Number 7 of 2016 concerning the Notary Honorary Council. However, the regulation does not state how many times the Notary Honorary Council can be summoned by the Notary Honorary Council, resulting in legal uncertainty because in some cases there have been repeated summons of Notaries by the Notary Honorary Council where the results of the Notary Honorary Council’s decisions are inconsistent. This research is a normative juridical research. The data used is secondary data consisting of primary legal materials and secondary legal materials. Data analysis is carried out using qualitative juridical analysis methods. From the results of the research, it can be obtained that the legal certainty of the decision of the Regional Notary Honorary Council regarding the granting of permission to summon Notaries by law enforcement officials can be created if in making this decision, the Regional Notary Honorary Council is consistent and in making the decision must be in accordance with the regulations of the minister of law and human rights Number 7 of 2016.
Kepastian Hukum Akad Mudharabah pada Koperasi Al Fath Idaroh Kemakmuran Masjid Indonesia Tangerang Selatan Prastowo Sidhi; Sirajuddin Sailellah; Zulkarnein Z
Jurnal Nuansa Kenotariatan Vol 4, No 2 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v4i2.176

Abstract

Implementation of the principle of legal certainty of mudharabah contract at Cooperative of Al FATH Idaroh Mosque Commonwealth of South Tangerang in its implementation based on Al-Quran, Al-Hadith, opinion of Gustav Radbruch, opinion of Muslim scientist, Act concerning Cooperatives, Act concerning Sharia Bangking, Ministerial Regulation of Small and Medium Enterprises on the Implementation of Savings and Loans and Sharia Financing Activities, the latest through the Regulation of the Minister of Cooperatives and SME Number 11/PER/M.KUKM/XII/2017 on the Implementation of Business Activities Savings and Loans and Sharia Financing, and Fatwa DSN of MUI No: 07/DSN-MUI/IV/2000 concerning Mudharabah Financing (Qiradh). The method used in this research is normative legal research. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. From the research results, can be concluded that the has materialized legal certainty of mudharabah contract at Al Fath Cooperative Idaroh Commonwealth Mosque Indonesia South Tangerang has been achieved. The obstacles in applying the legal certainty principle of mudharabah agreement at Al Fath Cooperative Idaroh Commonwealth Mosque Indonesia South Tangerang referring to Lawrence M. Friedman's Law System Legal Theory and John Rawls’s Justice Law Theory. There should be a Law on BMT and socialization so that people understand BMT.
Tanggungjawab Hukum Notaris Terhadap Pembatalan Akte Perjanjian Pengikatan Jual Beli Hak Guna Bangunan Eka Rachma Putri; Fauzi Yusuf Hasibuan; Sulhan S
Jurnal Nuansa Kenotariatan Vol 5, No 1 (2019)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v5i1.183

Abstract

The problem of this research is how the legal responsibility of notary on the cancellation of the agreement on the binding of sale and purchase of building rights and how the legal protection of the holder of the abandoned purchase agreement of Hak Guna Bangunan. In order to conduct this research, research method used by writer is normative juridical research method supported by empirical data, using normative juridical approach because the target of this research is law (norm). The result of the research that the legal force of the deed of binding agreement of sale and purchase of land rights made by Notary in the execution of the Deed of Sale is very strong, because the deed is a notary certificate that is authentic deed, the giving of irrevocable power in sale binding agreement Purchase is not included in the absolute power prohibited by the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power as the Transfer of Building Use Rights, and Protection of the law against the fulfillment of the rights of the parties if either party default in the sale and purchase agreement Depends heavily on the strength of the contract of sale and purchase that is made, that is, if it is made under a deed under the hand, its protection in accordance with the protection of the deed under the hand.
Pemidanaan Terhadap Profesi Notaris Dalam Rangka Mewujudkan Perlindungan Hukum Syafran S.; Fauzi Yusuf Hasibuan; Irhamsyah Irhamsyah
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.188

Abstract

This research intends to examine the problematic of criminalization against the Notary profession in Indonesia. To analyze this problem, the researcher employs the theory of legal protection as Grand Theory, profession and professionalism theory as Middle-Range Theory, and criminalization theory as Applied Theory. The method employed in this research is juridical-normative method. The results of this study show the following conclusions. Firstly, criminalization against notary can only be carried out if it fulfills three conditions, namely the Notary violates the procedure of drawing up authentic deeds as regulated in UUJN (Law on Notary Profession), the notary violates the provisions of the criminal law as regulated in the Criminal Code, and the existence of the mens rea from the notary concerned. In making an official (ambtelijk) deed (drawn up by a notary), the Notary may be held liable for criminal liability for the material truth of the deed he made and can be determined as a perpetrator or accomplice of a criminal act. However, in the drafting of a party (partij) deed (drawn up before a notary), a notary may only be held liable for criminal liability for the formal aspects of the deed he made and can only be stipulated as an accomplish to a criminal act. Secondly, a more appropriate criminal justice model to be applied in the settlement of criminal cases involving the Notary in carrying out his duties and authority as a public official is a mediation of restorative justice-based penalty. In this model, sanctions are applied to perpetrators of crime not in the form of corporal punishment, imprisonment or confinement, but the obligation to provide compensation or restitution to victims of crime.

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