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Nagari Law Review

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Published by Universitas Andalas

ISSN : 25812971 EISSN : 25977245 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Nagari Law Review (NALREV) is a peer-reviewed journal published by Faculty of Law, Andalas University. NALREV published twice a year in October and April

Arjuna Subject : -

Articles 116 Documents

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Jual Beli Tanah Berdasarkan Alas Hak Surat Keterangan Kepemilikan Tanah Di Tua Pejat Kepulauan Mentawai Kristianus Zega
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Title of land, deeds of sale and other means of evidence are evidences of land ownership. Another type of evidence is a land ownership certificate as the document asserting a basic right of land ownership. Such documents provides weak evidence, but in Indonesia, especially in Tua Pejat region of the Mentawai islands, this kind of evidence is still widely found and used by landowners. The article is discussing the legality of sale and purchase transaction on land which only proved with letter of Statement by Land Official. The method used in this research is empirical juridical (socio-legal research). The juridical approach involved analysis of various land regulations, while the empirical approach was used to examine and analyse the operation of the law in practice as could be observed from social behaviour along with its aspects and how the law works in the community. The research concludes that the Land ownership certificates in Tua Pejat region of the Mentawai islands are based on a Form Letter from the Head of the Regional Office of the National Land Agency of West Sumatera Number: 500/88/BPN-2007 dated February 8, 2007 regarding the purposes of right and land registration based on government regulation No. 24/1997 on land registration to adjust for areas whose land ownership is not based on Minangkabau customary law

Tanggung Jawab Organisasi Notaris Terhadap Pelaksanaan Magang Calon Notaris Di Kota Padang Tatik Kustiati; Azmi Fendri; Rembrandt Rembrandt
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

According to Article 3 letter f of Law Number 2 Year 2014 regarding Amendment to Law Number 30 Year 2004 about Notary Position a Notary candidate should take apprenticeship 24 consecutive months before allowed to practice as a notary. The problem is how the obligation conducted and how is the responsibility notary organization in holding the apprenticeship. The method taken in this research is empirical juridical. The juridical approach is used to analyse the various laws and regulations, while the empirical approach is used to view and analyse the law compare to its practice in society along with all its aspects. Because in this research examining people in relation of life in society, hence method of empirical law research can be regarded as research of sociological law which is branch of law of law (socio legal research in sociological jurisprudence) because legal research is taken from facts that exist in a society. The research was held in Notary organization known as Indonesian Notary Association in Padang . The research show that the Notary organization plays an important role in conducting apprenticeship for notary candidate, by permit their office chosen to hold apprenticeship. The each notary has also provided the notary candidate skill and knowledge that will be very useful for next practice. Each Notary candidate is required to attend the internship as one of the requirements to be able to follow the Notary Code of Ethics Examination which is preceded by Examination of Extraordinary Member in order to be appointed Notary

Penentuan Harga Jual Beli Tanah Dalam Pemungutan Bea Perolehan Hak Atas Tanah Dan Bangunan Di Kota Pekanbaru Eka Yulianti Alwi
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

The transfer of rights due to the sale and purchase of land and or building by an individual or entity may incur tax liability, usually called Tax on Right on Land and Building Granting or BPHTB as local tax imposed to a buyer. The basis for imposition of BPHTB is the Value Object Tax (NPOP) or the transaction price. If the NPOP is unknown or lower than the Taxable Sales Value (NJOP) of the tax on Land and Building (PBB) in the year of acquisition, the tax basis used is NJOP PBB. The BPHTB payment is based on the Self-Assessment System, in which the taxpayer is trusted to calculate his self. This article is aimed to determine of the sale and purchase price of land in the collection of BPHTB in Pekanbaru City. The research concludes that the determination of the sale and purchase price of land by Local Income Office or BAPENDA in collecting BPHTB is through adjustment of NJOP at Letter of Owed Tax Announce (SPPT) of PBB at the time of reporting SSPD BPHTB compared to the location of the object BPHTB by the Land Value Zone Appraiser( ZNT), or by conducting a field inspection of the BPHTB object of a sale and purchase agreement made by a Notary is referred to as a Deed of Sale and Purchase Agreement or PPJB fulfilling the conditions stipulated in Article 1320 of the Civil Code will be the basis in forming of AJB by PPAT and SSPD BPHTB form which has been filled completely the taxpayer along with the required payment proof for the verification of SSPD BPHTB form.

Penyimpanan Sertifikat Hak Atas Tanah Oleh Notaris Pada Proses Pengikatan Jual Beli (PJB) (Analisis Putusan Nomor 53/Pid.B/2017/Pn.Bkt) Dila Andika Azhar
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Land purchase agreement is a preliminary agreement made by the parties before a notary create deed of sale before. In case of breach of contract, the notary is often reported to the police on charges of embezzlement due to keeping land rights certificates, even though the parties have signed agreement to authorize the notary public to keep he certificate. Such a problem in fact has also been tried in court. In decision Number 53 / Pid.B / 2017 / PN.Bkt. Elfita Achtar, a notary has been charge due to embezzlement of 4 (four) Right to Build (HGB) certificates owned by PT. Rahman Tamin. The article tries to discuss the case. The research concludes that the Notary Acts does not regulate about the keeping of land certificates in the process of the sale and purchase agreement. However notary deed on the right to keep the certificate has ensured legal certainty to the authority of notary to keep certificate. The consideration in the ruling, pursuant to Article 16 paragraph (1) sub-paragraph a of Notary Law "in carrying out its function, a notary is obliged to act trustworthyly, honestly, thoroughly, independently and impartial,as safeguards of the interests of the parties. Right to keeping the certificate cannot be separated from the authority and function of notary. Therefore the notary is responsible to guarantee the implementation of the binding of the sale and purchase until it deed of Sale and Purchase is signed. It will be unlawful if the notary handed over the certificate to the other party and would cause harm to the parties who have made sale and purchase transactions

Pengalihan Kewenangan Pemberian Izin Usaha Pertambangan Mineral-Batubara Oleh Pemerintah Daerah Iqbal Shalihin
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

With the enactment of Law Number 23 of 2014 on Regional Government, there is a change of authority between the central government, provincial and district governments. Article 4 paragraph (1) of the Law says that "the administration of the forestry affair, marine and mineral resources energy is divided between government and government province". When viewed from the matrix of division of authority between the central government, provincial government and thedistrict (kabupaten)/ city (kota) government it will be very clear that the district government does not have the authority, as under the previous Law on Regional Government. The problem will cause disputes between the provincial and district governments in issuing permit in mining because mining has been the source of income for the regions. In the Law Number r23 of 2014 on the Regional Government of the district / City Government does not have the authority to issue IUP (Mining Business License). Article 37 of Law Numberr 4 of 2009 concerning Mineral and Coal Mining states that the Regency / City Government has the authority to issue Mining Permit or IUP. This regulation then becomes an obstacle in its application, especially at the regional level as does the province of Western Sumatra, because there is no technical rule that can then become the base of rights for the provincial government to take over the authority of the district government as mandated by Law Number 23 of 2014 on Regional Government. Under such conditions the Ministry of Home Affairs issued a Circular Letter of the Minister of Home Affairs No.120 / 253 / SJ on the Implementation of Government Affairs After the enactment of Undang-Undang Nomor 23 Tahun 2014

Pembuatan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) Pada Pengalihan Hutang Kredit Di PT. BRI Agro Cabang Pekanbaru Bayu Nofyandri Surbakti; Yulfasni Yulfasni; Syahrial Razak
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

The collateral is one of most important the elements in facilitating loan by a bank, no matter how other elements have been able to convince the bank against security and legal certainty in the credit repayment that. In practice, collateral factor is also important in the valuation of the credit value released, because the credit disbursed by the bank contains risks. Letter of authority to charge Mortgage (SKMHT)n is a power granted by the party to charge a person special authority to charge an object especially land with mortgage. Notary has the authority to make SKMHT for the lands throughout the territory of Indonesia, while Land Deed Making Officer (PPAT) may only make SKMHT for lands within its permitted territorial, especially in places where there is no Notary in charge. SKMHT formation other than by a Notary is also assigned to PPAT, because PPAT which its existence depend on the area where he permitted by regulation related to his function and duty on land affair. SKMHT basically does not contain other legal acts either in the form of selling, renting the object of mortgage right, as it is regulated in Article 15 paragraph (1) of the Mortgage Act. Therefore, it can be said that SKMHT is not a guarantee, but as an early effort for the debtor to provide confidence to the bank, that the debtor has good faith in the credit agreement by granting power to the bank to increase the position of land used for collateral to the Deed of Assignment Rights.

Pengangkatan Anak Oleh Orang Tidak Menikah Di Wilayah Hukum Pengadilan Negeri Padang Eri Arianto
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Along with a number of adoption practices in Indonesia, his background is no longer done only by the couple but developed by those who decide not married, not married and even the widow / widower. Therefore, to ensure legal certainty adopted child, adoption should be based on the determination of the Court. The principal issue raised in this thesis is how the process of adoption by single parents in the region of Padang District Court law, what legal consequences arising from the adoption by single parents this. This research is a sociological juridical law, which is an approach that refers to the written rules and legal materials other is the data, while also to see how the application or implementation in the community through field research, this study used the specifications is descriptive analysis, which describe, describe or disclose the data that has relevance to the problem. Some things that can be concluded that removal of children by single parents in Indonesia have a setting that is the first time Gazette No. 1917. 129 applicable to the Chinese. Adoptions by single parents also follow the Government Regulation No. arrangements. 54 Year 2007 on Implementation of Appointment of the Child. Terms of adoptions by single parents should only be done by inter-Indonesian citizens, with the determination to apply for adoption to the court, must be by special permission of the Minister of Social Affairs

Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit Hamdan Siregar
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises

Pentingnya Membentuk Budaya Antikorupsi Dilihat dari Perspektif Pertanggungjawaban Pidana Korporasi Nani Mulyati
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

One of the potential actors in corruption is a corporation. An important curative effort to eradicate corruption is to ensure that all perpetrators of corruption are accountable for their actions, including corporations as legal subjects; but preventive efforts are also important. One effort to prevent the occurrence of criminal acts of corruption that can be committed by corporations is to form a law-abiding and anti-corruption corporate culture. This paper tries to analyze the role of corporate culture on corrupt behavior that exists in corporations and the legal implications in criminal cases when corporations have implemented a culture of anti-corruption. This study employs doctrinal method, by analyzing legal materials. From the research conducted, it is recommended to arrange clearer regulation pertaining justifications for corporate criminal liability, and for corporations it is recommended that they form an effective and consistent anti-corruption culture in order to ensure that corporate policy is clearly against all forms of corruption carried out by corporate organs or executives. With the implementation of an anti-corruption culture within the corporation, it is expected that every member of the corporation will be very careful in preventing corruption, which can be considered as an act that represents the corporation. If the corporation has implemented an anti-corruption corporate culture, then in theory it should be accepted as one of the reasons to alleviate criminal liability for corporations as a form of justification “afwezigheid van alle schuld” (avas).

Hubungan Logika Hukum dengan Argumentasi Hukum melalui Penalaran Hukum Misnar Syam; Yasniwati Yasniwati
Nagari Law Review Vol 2 No 2 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Logic is a thinking activity to do systematic reasoning to produce conclusions which are the art of thinking in a straight, precise and orderly manner. Logical nature is a special nature of law which means that in a reciprocal relationship between legal norms in accordance with the principles of logic. So the relationship between logic and law is from its logical nature which is in accordance with reason. Legal argumentation is the result of legal reasoning. Legal reasoning is the application of principles of right thinking in (logic) in understanding the principles, rules, data, facts and legal propositions. Legal reasoning is derived from logic as a science of valid conclusions from various legal facts, problems, and propositions. Law logic is reasoning to find the legal basis contained in a legal event whether it is a legal act or a violation of law and includes it in a regulation existing law. So the relationship between legal logic and legal arguments is legal arguments based on legal logic.

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